Water Act 2003 (c. 37)

(The document as of February, 2008)

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(1) The Secretary of State may by regulations make--

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision--

(a) amending or repealing any enactment, instrument or document (including in particular any instrument appointing a company to be a water or sewerage undertaker),

(b) conferring functions, powers or duties on any person.

(3) The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the Environment Agency of compensation to any person who--

(a) before the coming into force of any provision of this Act was not required by or by virtue of the WRA to have a licence under Chapter 2 of Part 2 of the WRA in respect of any abstraction,

(b) following the coming into force of any provision of this Act does require such a licence in respect of that abstraction, and

(i) refused such a licence in respect of that abstraction, or

(ii) granted such a licence, but in respect of an abstraction of more limited extent than that of the abstraction he was carrying out before the coming into force of the provision in question,

or who is a person who falls within subsection (4).

(4) A person falls within this subsection if he satisfies the Environment Agency of the following--

(a) that the nature of his operations, or proposed operations, requires him to make plans about the abstraction of water,

(b) that before the coming into force of any provision of this Act he would not have required a licence under Chapter 2 of Part 2 of the WRA in respect of any such abstraction for which he had reasonably planned (or, if there has already been such an abstraction, he did not require such a licence in respect of it),

(d) that he has suffered loss or damage as a result of his having been--

(i) refused a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or

(ii) granted such a licence, but in respect of an abstraction of more limited extent than he had reasonably applied for,

and he applies for compensation before any deadline provided for in the regulations under subsection (1).

(5) The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person who--

(a) before 31st July 2002 was carrying on any activities in respect of the supply of water,

(b) following the coming into force of any provision of this Act--

(i) is unable to continue to carry on those activities as a result of their having been prohibited,

(ii) is unable to continue to carry on those activities as a result of a licence under Chapter 1A of Part 2 of the WIA having been required in respect of them and his not having applied for, or his having been refused, a licence, or

(iii) is unable to continue to carry on those activities in the same manner as a result of his having been granted a licence the effect of which is to restrict the carrying on of the activities, and

(i) those activities having been prohibited,

(ii) a licence not having been granted, or

(iii) those activities having been restricted.

(6) Where regulations made under subsection (1) include provision for the discharge by the Director General of Water Services instead of the Water Services Regulation Authority of any functions conferred on the Authority by or by virtue of any provision of this Act, then, for the purposes of Schedule 3, any such function shall be treated as if it had been the subject of a transfer under section 36 when the provision in the regulations ceased to apply.

(7) The power to make regulations under this section is also exercisable by the Assembly, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

(8) Nothing in this Act shall be read as affecting the generality of subsection (1).

104 Regulations and orders

(1) Any power under this Act to make any order or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations--

(a) made by the Secretary of State under any provision of this Act except section 10 (but including section 105), and

(b) which contains (or contain) provision amending or repealing any enactment,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) Otherwise, a statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than an order under section 105, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any power under this Act to make any order or regulations may be exercised--

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b) so as to make, as respects the cases in relation to which it is exercised--

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition.

(5) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for all or any of those purposes.

(6) Any such power includes power--

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments or provisions of subordinate legislation) as the authority making the order or regulations considers to be expedient, and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(7) In subsection (6)(a), "subordinate legislation" has the meaning given by the Interpretation Act 1978 (c. 30).

(8) Nothing in this Act shall be read as affecting the generality of subsection (6).

105 Interpretation, commencement, short title, and extent

(1) This Act may be cited as the Water Act 2003.

(2) In this Act--

(a) the "WIA" means the Water Industry Act 1991 (c. 56),

(b) the "WRA" means the Water Resources Act 1991 (c. 57),

(3) Apart from this section and sections 102 to 104, this Act comes into force on such day as the appropriate authority may by order appoint.

(4) Different days may be appointed for different provisions and for different purposes.

(5) Except as stated in subsection (6), the appropriate authority for the purposes of subsection (3) is the Secretary of State after consulting the Assembly.

(6) In relation to the sections and Schedules listed in the first column of this table, the appropriate authority is as listed in the second column--

Section or Schedule	Appropriate authority
Section 73	The Secretary of State.
Section 67	The Assembly after consulting the Secretary of State.
Sections 58, 69, 75, 77, 78, 80, 81 and 86	The Secretary of State, in relation to England; the Assembly, in relation to Wales.
Section 101 and Schedules 7, 8 and 9	As respects any amendment or repeal consequential on a provision referred to above in this table, the same appropriate authority as listed in respect of the provision in question; otherwise, the Secretary of State after consulting the Assembly.

(7) Subject to the following provisions of this section, this Act extends to England and Wales only.

(8) Section 36 and Schedule 3 extend also to Scotland and Northern Ireland.

(9) The following provisions extend also to Scotland--

(a) section 53(1) and (2),

(b) sections 66 and 68,

(d) section 74(1),

(e) section 76,

(f) section 85(3),

(g) section 103(1), (2), (7) and (8),

(h) section 104.

(10) Section 58(10) extends to Scotland only.

(11) Any amendment or repeal of a provision of the WRA made by this Act has the same extent as the provision being amended or repealed.

(12) Sections 3, 4, 10 and 27 have the same extent as they would have if they were contained in the WRA, and section 224 of the WRA (application to Isles of Scilly) applies in relation to those sections as it applies to the WRA.

(13) Any amendment or repeal made by Schedule 7 or 8 has the same extent as the enactment being amended or repealed.

(14) Any repeal contained in Schedule 9 has the same extent as the provision elsewhere in this Act which provides for the repeal.

SCHEDULES

Section 34(2)

SCHEDULE 1 The Water Services Regulation Authority

After Schedule 1 to the WIA there is inserted--

Section 1A(3)

" SCHEDULE 1A The Water Services Regulation Authority

Membership

1 (1) The Authority shall consist of a chairman, and at least two other members, appointed by the Secretary of State.

(2) The Secretary of State shall consult--

(a) the Assembly, before appointing any member; and

(b) the chairman, before appointing any other member.

Terms of appointment, remuneration, pensions etc

2 (1) Subject to this Schedule, the chairman and other members of the Authority shall hold and vacate office as such in accordance with the terms of their respective appointments.

(2) Their terms of appointment shall be determined by the Secretary of State.

3 (1) An appointment of a person to hold office as chairman or as one of the other members of the Authority shall be for a term not exceeding five years.

(2) A person holding office as chairman or other member--

(a) may resign that office by giving notice in writing to the Secretary of State; and

(b) may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

(3) The Secretary of State shall consult the Assembly before removing from office a person holding office as chairman or other member.

(4) A previous appointment as chairman or other member does not affect a person's eligibility for appointment to either office.

4 (1) The Authority shall pay to its chairman and its other members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.

(2) The Authority shall, if required to do so by the Secretary of State--

(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member of the Authority; or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If the Secretary of State determines that there are special circumstances which make it right for a person ceasing to hold office as chairman or other member of the Authority to receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

Staff

5 The Authority may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such staff as it may determine.

Committees

6 (1) The Authority may establish committees and any committee of the Authority may establish sub-committees.

(2) The members of a committee of the Authority may include persons who are not members of the Authority (and the members of a sub-committee may include persons who are not members of the committee or the Authority).

Proceedings etc

7 (1) The Authority may regulate its own procedure.

(2) The validity of anything done by the Authority is not affected by a vacancy among its members or by a defect in the appointment of a member.

8 A document purporting to be duly executed under the seal of the Authority, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, shall be taken to be so executed or signed.

Code of Practice

9 (1) The Authority shall prepare, and may revise, a code of practice governing the discharge by it of its functions.

(2) The Authority shall, in exercising its functions, have regard to the provisions of the code.

(3) In preparing or revising the code, the Authority shall consult--

(a) the Secretary of State;

(b) the Assembly;

(d) the Council;

(e) relevant undertakers;

(f) licensed water suppliers; and

(g) such other persons as the Authority considers appropriate.

(4) The Authority shall publish in such manner as it considers appropriate the code as for the time being in force.

Performance of functions

10 (1) Anything authorised or required to be done by the Authority may be done by--

(a) any member or employee of the Authority who is authorised for that purpose by the Authority, whether generally or specially;

(b) any committee of the Authority which has been so authorised.

(2) The Authority may not so authorise a committee whose members include any person who is not a member or employee of the Authority.

Payments to the Authority

11 The Secretary of State shall make payments out of money provided by Parliament to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate.

Supplementary powers

12 (1) The Authority has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

(2) That power includes the formation of advisory bodies. "

Section 35(2)

SCHEDULE 2 The Consumer Council for Water

After Schedule 3 to the WIA there is inserted--

Section 27A(11)

" SCHEDULE 3A The Consumer Council for Water

Membership of Council

1 (1) The Council shall consist of--

(a) a chairman appointed by the Secretary of State;

(b) one other member appointed by the Assembly; and

(2) The Secretary of State shall consult the Assembly before appointing the chairman.

(3) The Secretary of State and the Assembly shall consult the chairman before appointing any other member.

(4) An appointment under this paragraph shall be for a term not exceeding five years.

(5) In appointing persons under this paragraph the Secretary of State and the Assembly shall have regard to the desirability of including among the members one or more persons who--

(a) have experience of work among, and the special needs of, disabled persons; or

(b) have or have had a disability.

2 (1) A person holding office as chairman or other member may resign that office by giving notice to the Secretary of State (in the case of a member appointed by him), or to the Assembly (in the case of a member appointed by the Assembly).

(2) The Secretary of State may remove any person appointed by him from office as chairman or other member on the ground of incapacity or misbehaviour.

(3) The Secretary of State shall consult the Assembly before removing any person appointed by him as chairman.

(4) The Assembly may remove any person appointed by it from office as member on the ground of incapacity or misbehaviour.

(5) Otherwise, the chairman and other members shall hold and vacate office as such in accordance with the terms of their respective appointments.

(6) A previous appointment as chairman or other member does not affect a person's eligibility for appointment to either office.

Terms of appointment, remuneration, pensions etc

3 The Council shall pay to the chairman and other members of the Council such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

4 (1) If the Secretary of State so determines in the case of any holder of the office of chairman or other member, the Council shall pay--

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the Secretary of State may determine.

(2) If, when any person ceases to hold office as chairman or other member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

Members appointed by Assembly

5 In relation to any member of the Council appointed by the Assembly, the matters mentioned in paragraphs 3 and 4 above shall be determined by the Assembly instead of by the Secretary of State.

Staff

6 (1) The Council shall, with the approval of the Secretary of State, appoint a principal officer on such terms of employment as it may, with that approval, determine.

(2) The Council may, with the approval of the Secretary of State as to numbers and terms of employment, appoint such other employees as it may determine.

(3) The persons to whom section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies shall include employees of the Council.

(4) The Council shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual reports

7 (1) As soon as practicable after the end of each financial year the Council shall report to the Secretary of State on its activities during the year.

(2) The annual report for each year shall include a report on the progress of the projects described in the Council's forward work programme for that year.

(3) In making any report under this paragraph the Council shall not include any information which relates to the affairs of a particular individual or body of persons (corporate or unincorporate) unless one or more of paragraphs (a) to (c) of sub-paragraph (4) below applies to the information.

(4) Information relating to a particular individual or body may be included in the report if--

(a) that individual or body has consented to its inclusion;

(b) it is information that is available to the public from some other source; or

(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.

(5) Before deciding to include any information relating to a particular individual or body in pursuance of sub-paragraph (4)(c) above, the Council shall--

(a) consult that person or body; and

(b) have regard to any opinion expressed by the Authority as to the application of sub-paragraph (4)(c) above to the information or as to the desirability or otherwise of its publication,

and paragraph (b) applies whether the opinion is given in relation to information itself or to information of a description which applies to that information.

(6) In making any report under this paragraph the Council shall not include any information which it considers relates to any matter which is, or is likely to be, the subject of criminal proceedings.

(7) In considering whether information relates to any matter as mentioned in sub-paragraph (6) above, the Council shall have regard to any opinion expressed (whether in relation to the information itself or to information of a description which applies to that information) by the Secretary of State, the Assembly or the Director of Public Prosecutions.

(8) The Secretary of State shall lay a copy of each annual report of the Council before each House of Parliament.

(9) The Council shall send a copy of each annual report to the Authority and the Assembly and shall arrange for the report to be published in such further manner as it considers appropriate.

Financial provisions and accounts

8 (1) It shall be the duty of the Council to comply with any notice given by the Secretary of State requiring it to perform duties of a financial nature specified in the notice.

(2) The Secretary of State shall consult the Assembly before giving any notice to the Council under sub-paragraph (1) above.

9 (1) The Council shall prepare, in respect of each financial year, a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Council.

(2) The statement of accounts shall comply with any requirement which the Secretary of State has notified to the Council.

(3) The Council shall, within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Council, send copies of each statement of accounts of the Council to--

(a) the Secretary of State and the Assembly; and

(b) the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall--

(a) examine, certify and report on every statement sent to him under sub-paragraph (3) above; and

(b) lay a copy of the statement and of his report before each House of Parliament.

10 The Secretary of State and the Assembly shall pay to the Council such sums as he or it thinks fit to enable it to meet its expenses.

Regional committees

11 (1) The Council shall not establish or abolish a regional committee, or alter the allocation of a relevant undertaker to a regional committee, without the approval of the appropriate authority.

(2) If the Council proposes to do anything mentioned in sub-paragraph (1) above it shall, after consulting the appropriate authority, give notice--

(a) describing its proposals; and

(b) specifying the time from the date of the notice (not being less than two months) within which representations may be made with respect to the proposals;

and shall consider any representations that are duly made and not withdrawn.

(3) A notice under sub-paragraph (2) above shall be given by publishing it in such manner as the Council considers appropriate for bringing the proposals to the attention of those likely to be affected.

(4) An appropriate authority shall not give its approval under sub-paragraph (1) above until after the time specified in the notice under sub-paragraph (2) above.

12 (1) A regional committee of the Council shall consist of--

(a) a chairman appointed by the appropriate authority;

(b) such other members as the Council may appoint.

(2) Any regional committee may establish sub-committees.

(3) The members of a regional committee of the Council may include persons who are not members of the Council (and the members of a sub-committee of the committee may include persons who are not members of the committee or the Council).

(4) In appointing members of a regional committee the Council shall take account of any guidance given to them by the appropriate authority.

(5) The Council may pay to the chairman and other members of a regional committee, or a sub-committee, such remuneration, and such travelling and other allowances, as the appropriate authority may determine.

13 (1) If the appropriate authority so determines in the case of any holder of the office of chairman or other member of a regional committee, or of any sub-committee of a regional committee, the Council shall pay--

(a) such pension, allowance or gratuity to or in respect of him; or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the appropriate authority may determine.

(2) If, when any person ceases to hold office as chairman or other member of a regional committee, the appropriate authority determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the appropriate authority.

14 In paragraphs 11 to 13 above the "appropriate authority" means--

(a) the Assembly, in relation to committees established (or proposed to be established) for relevant undertakers whose areas are wholly or mainly in Wales, to sub-committees of those committees, and to any relevant undertaker whose area is wholly or mainly in Wales;

(b) the Secretary of State, in relation to committees established (or proposed to be established) for other relevant undertakers, to sub-committees of those committees, and to any other relevant undertaker.

Other committees

15 (1) The Council may establish committees other than regional committees and any such committee may establish sub-committees.

(2) The members of any such committee may include persons who are not members of the Council (and the members of a sub-committee may include persons who are not members of the relevant committee or the Council).

(3) The Council may pay to the chairman and other members of any such committee, or of a sub-committee, such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

16 (1) If the Secretary of State so determines in the case of any holder of the office of chairman or other member of any such committee, or of any sub-committee of such a committee, the Council shall pay--

(a) such pension, allowance or gratuity to or in respect of him; or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the Secretary of State may determine.

(2) If, when any person ceases to hold office as chairman or other member of any such committee, or of any sub-committee of such a committee, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

Performance of functions of the Council

17 Anything authorised or required to be done by the Council may be done by any member or employee of the Council who, or any regional or other committee of the Council which, is authorised for the purpose by the Council (whether generally or specially).

18 The validity of anything done by the Council is not affected by a vacancy among its members or by a defect in the appointment of a member.

Supplementary powers

19 (1) The Council shall have power to do anything which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions.

(2) That power includes, among other things, power to enter into agreements and to acquire and dispose of property.

(3) The Council may make charges for facilities or services provided by it at the request of any person.

First financial year of the Council

20 (1) If the period beginning with the day on which the Council is established and ending with the next 31st March is six months or more, the first financial year of the Council is that period.

(2) If the period mentioned in sub-paragraph (1) above is less than six months, the first financial year of the Council is the period beginning with the day on which the body is established and ending with 31st March in the following year.

Compensation for members of customer service committees

21 The Authority may pay to any person who immediately before the abolition by the Water Act 2003 of a customer service committee established under section 28(1) of this Act is the chairman of that body such sums by way of compensation for loss of office, or loss or diminution of pension rights, as the Secretary of State may determine. "

Section 36(6)

SCHEDULE 3 Further provisions about transfers of functions, property etc

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