61.— (1) (a) A person who causes or permits the connection of a premises to waste water services, either directly or indirectly, without the agreement of the provider of those services, commits an offence.

(b) For the purposes of paragraph (a), and without prejudice to subsection (6), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.

(c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of waste water services by it or another person acting jointly with it or on its behalf.

(2) A person who causes or permits the discharge of any effluent or other matter to a waste water works, whether directly or indirectly, without the agreement of the relevant water services provider commits an offence.

(3) It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92.

(4) Without prejudice to subsection (6), where a notice under section 42(1) takes effect in relation to any premises, agreement to a subsequent connection to a related waste water works shall be deemed to have been given for the purposes of compliance with subsection (1).

(5) Without prejudice to subsection (6), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waste water works for the purposes of this section, subject to such conditions as the water services authority may require consistent with its powers under this section.

(6) (a) As a condition to the agreement of a water services authority to the connection of a premises to waste water services which are provided, or to be provided, by the water services authority or any person providing water services jointly with it or on its behalf, the water services authority may, at its absolute discretion and for the purposes of this section, require—

(i) that the length or overall capacity of the service connection, or such related pipes or accessories as it considers necessary, be increased to such extent beyond technical requirements as it may specify so as to enable adjoining or other premises to be connected to a waste water works, but subject to the water services authority—

(I) paying for any consequential increase in the cost of providing and installing the service connection or related pipes or accessories, and

(II) taking the service connection or related pipes or accessories into its charge or otherwise entering into an agreement in relation to their future use with the person seeking its agreement to connect the premises to the said waste water services,

as if the requirement was a requirement under section 34(4)(m) of the Act of 2000, or

(ii) that the service connection, or such related drainage pipes or accessories as it considers necessary, be opened for inspection or testing, or otherwise inspected or tested, by an authorised person.

(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

(7) A connection to water services referred to in subsection (6) shall not be made until the authorised person is satisfied that—

(a) the service connection or related pipes or accessories are—

(i) of a proper standard,

(ii) have been installed correctly, and

(b) a connection to the water services in question may be properly made.

(8) For the purposes of subsection (7), and subject to any regulations under subsection (10), an authorised person may—

(a) give such direction in relation to—

(i) standards of workmanship or working practices generally,

(ii) technical specifications, including levels, for the service connection or related pipes or accessories, or their installation, or

(iii) the completion of the connection,

as appear to him or her to be necessary to comply with relevant prescribed standards, and

(b) carry out such inspection or testing as he or she considers necessary to verify compliance with a direction under paragraph (a).

(9) A water services authority, or any person providing water services jointly with it or on its behalf, may—

(a) close a connection to its water services made in contravention of subsection (1), or a connection to water services referred to in subsection (6) which is made in contravention of subsection (7) or a direction under subsection (8), or

(b) without prejudice to any power to prosecute provided for under this section—

(i) agree to the retention of a connection referred to in paragraph (a) subject to such conditions as it may specify, and

(ii) carry out such work on the connection (including associated pipes and fittings) as it considers necessary to bring it up to a proper standard, or direct that such work be carried out by a specified person,

and may recover any expenses incurred under this subsection from the person who made or caused the connection to be made, or on whose behalf it was made, or such other person who derives benefit from the connection.

(10) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, the regulations may include provisions in relation to—

(a) standards of workmanship or working practices,

(b) specifications for relevant materials and fittings, or

(c) any incidental and related matters.

(11) A water services authority may recover any costs incurred by it in relation to its functions under this section from the person who is making or has made the relevant connection, or on whose behalf it is being or was made.

(12) A person who—

(a) makes a connection referred to in subsection (6) in contravention of subsection (7) or a direction under subsection (8), or

(b) contravenes a regulation under subsection (10),

commits an offence.