Schedule 22, paragraph 108(3)

For subsections (5) and (6) (enforcement by Secretary of State) there shall be substituted— If a sewerage undertaker fails, before giving any consent or entering into any agreement with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above, to refer to the Environment Agency any question which he is required by that subsection to refer to the Agency, the undertaker shall be guilty of an offence and liable— on summary conviction, to a fine not exceeding the statutory maximum; on conviction on indictment, to a fine. If the Environment Agency becomes aware— the Agency may proceed as if the reference required by that subsection had been made. that a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into any such agreement as is mentioned in subsection (1) above, and that the sewerage undertaker has not referred to the Agency any question which it is required to refer to the Agency by that subsection, If the Environment Agency becomes aware that any consent has been given or agreement entered into with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above without the sewerage undertaker in question having referred to the Environment Agency any question which he is required by that subsection to refer to the Agency, the Agency may exercise its powers of review under section 127 above or, as the case may be, section 131 below, notwithstanding anything in subsection (2) of the section in question.

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Source: legislation.gov.uk · retrieved 2026-07-30