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operation shall not become or be deemed to have become
a sewer or cease or be deemed to have ceased to be a
drain within the meaning of the definition contained in
Section 250 of the Metropolis Management Act, 1855, by
reason only of the fact that the drainage of premises not
included in the order relating to such combined operation
has been connected with such drain either before or after
the passing of this Act, and any such additional drainage
shall be deemed to have been included in such order.
Provided that nothing in this section shall empower a
borough council to connect or authorize the connection
of any sewer to any such drain."
Speaking broadly, Section 32 means that combined
drains cannot now become sewers surreptitiously or by
accident. It is, however, much narrower in scope than
Section 21 of the Woolwich Act, which lays down that in all
circumstances combined drains are drains, whereas, in Plumstead
and Eltham, combined drains are only such if at some
time or other plans have been approved by the Council for
all or part of the system. Section 21 of the Woolwich
Borough Council Act, 1905, is as follows :—
" In the application to the parish of Woolwich of the
provisions of the Metropolis Management Acts, 1855 to
1893, and other enactments applying to London and notwithstanding
anything contained therein or in any Act
of Parliament in force within any part of the said parish
prior to the first day of November one thousand nine
hundred, the word " drain " shall include any drain constructed
before the said first day of November one thousand
nine hundred and draining any group or block of
houses by a combined operation and the word " sewer "
as defined by section 250 of the Metropolis Management
Act, 1855 shall not mean or include any such drain."