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Sewers and drains—sewerage undertakers’ core duties and powers

Produced in partnership with John Bates of Old Square Chambers and Claire Nevin of Francis Taylor Building

Practice notes

Sewers and drains—sewerage undertakers’ core duties and powers

Produced in partnership with John Bates of Old Square Chambers and Claire Nevin of Francis Taylor Building

Practice notes

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A sewerage undertaker is the company appointed by the Secretary of State or Ofwat to be the sewerage undertaker for the area specified in its instrument of Appointment under section 11(1) of the Water Act 1989 and continued in section 6(1) of the Water Industry Act 1991 (WIA 1991).

The appointed undertaker may exercise its functions in the area shown on the Sewerage Services Area Map attached to the instrument of appointment.

Any question as to the extent of an undertaker’s area will be determined by Ofwat, as set out in Condition A7 of the Instrument of Appointment.

Within its area the undertaker will provide sewerage services in accordance with its duty under WIA 1991, s 94.

'Sewerage services' includes the disposal of sewage and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions.

The Water Act 2014—choice of sewerage supplier

The section 4 and Schedules 3 and 4 of the Water Act

John Bates

Barrister, Old Square Chambers

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Claire Nevin

Barrister, Francis Taylor Building

Claire is a tenant at Francis Taylor Building.

Before her call to the Bar in 2021, Claire gained valuable experience of the intersection between environmental and human rights law in her work for the United Nations in Geneva, the Council of Europe in Strasbourg, the Irish Department of Foreign Affairs and a number of NGOs. The breadth of Claire’s previous experience with international organisations, a government department and campaign groups means she is already well-practised in considering complex and sensitive legal issues from a range of perspectives.

Claire is building a busy environmental, planning and public law practice. She has appeared as sole counsel for a Rule 6 Party in a five-day planning inquiry which encompassed issues such as designated Local Open Space, a Grade I listed heritage asset, ecology and the provision of affordable and market housing. Claire is currently instructed as sole counsel for a Rule 6 Party and junior counsel for a local authority in a number of upcoming planning inquiries. The law of chemical regulation is a topic of particular interest to Claire and one she has written about for Francis Taylor Building’s Environment Law Blog.

During pupillage Claire conducted research and drafted advices and skeleton arguments on matters including major energy projects, commons and village greens, flood defence works, sewage pollution from storm overflows, charitable exemptions from the Community Infrastructure Levy and permitted development rights in a conservation area. Claire also provided research and drafting assistance during a two-week planning inquiry on a proposal for a major solar farm in an historic parkland.

Alongside practice at the Bar, Claire regularly contributes to policy and educational initiatives in the field of environmental law. Claire was invited to deliver a workshop on the Rights of Nature alongside environmental lawyers working in the UK and internationally, representatives from NGOs and academics. She co-authored the Environmental Justice Network Ireland, Queen's University Belfast School of Law and Lawyers for Nature’s submission to the Irish Citizens’ Assembly on Biodiversity Loss. Claire supervised LLM students at the University of Essex on a project focusing on the right to a healthy environment in the UK and is a regular contributor to Chambers’ Environmental Law Blog.

Claire is an appointed member of the Attorney General’s ‘Junior’ Junior Scheme.

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Jurisdiction(s):

United Kingdom

Key definition:

Appointment definition

What does Appointment mean?

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

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