Water Act 2003 (c. 37)

(The document as of February, 2008)

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" (c) the Water Services Regulation Authority; " .

Water Act 1989 (c. 15)

26 (1) The Water Act 1989 is amended as follows.

(2) In section 174 (general restrictions on disclosure of information)--

(a) in subsection (2)--

(i) in paragraph (a)--

(a) for "the Director" there is substituted "the Water Services Regulation Authority, the Consumer Council for Water",

(b) for "or the Environment Act 1995" there is substituted ", the Environment Act 1995 or the Water Act 2003",

(ii) in paragraph (c), for "or of any arrangements" to the end there is substituted "or section 27H of the Water Industry Act 1991",

(iii) in paragraph (j), after "1995" there is inserted ", the Water Act 2003",

(b) in subsection (4)(a)--

(i) for "the Director" there is substituted "the Water Services Regulation Authority",

(ii) for "a customer service committee" there is substituted "the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991)".

(3) In section 185 (powers to make regulations), in subsection (2), paragraph (a) is omitted.

(4) In Schedule 3 (Director General of Water Services), paragraphs 6 and 7 are omitted.

(5) In Schedule 4 (customer service committees), paragraph 6 is omitted.

(6) In Schedule 25 (amendment of enactments), paragraphs 68(2)(a) and 76(a) are omitted.

Water Industry Act 1991 (c. 56)

27 (1) The WIA is amended as follows.

(2) In section 35 (construction of merger provisions), whose insertion into the WIA is provided for by section 70(1) of the Enterprise Act 2002 (c. 40), in subsection (1), in the definition of "water enterprise", for "water undertaker" there is substituted "relevant undertaker".

(3) In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with complaints), for "customer service committee" there is substituted "regional committee".

(4) In section 181 (complaints with respect to the exercise of works powers on private land), in subsection (2)(c), for "the appropriate customer service committee" there is substituted "the Council".

(5) In section 206 (restrictions on disclosure of information)--

(a) in subsection (3)--

(i) in paragraph (a), before ", the Competition Commission" there is inserted ", the Council",

(ii) in that paragraph, for "or regulations under section 2 of the Pollution Prevention and Control Act 1999" there is substituted ", regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003",

(iii) in paragraph (b), for "or the Water Act 1989" there is substituted ", the Water Act 1989 or the Water Act 2003",

(iv) in paragraph (c), for "of any arrangements made by the Director under section 29(6) above or of any duty imposed by" there is substituted "of any duty imposed by section 27H above or",

(v) in paragraph (j)--

(a) after "the Water Act 1989" there is inserted ", the Water Act 2003",

(b) for "or that Act of 1989" there is substituted ", the Water Act 1989 or the Water Act 2003",

(b) in subsection (4)(a)--

(i) for "a customer service committee" there is substituted "the Council (or any regional committee)",

(ii) for "or regulations under section 2 of the Pollution Prevention and Control Act 1999" there is substituted ", regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003".

(6) In section 208 (directions in the interests of national security), after subsection (3) there is inserted--

" (3A) The Secretary of State may, after consultation with the Council, give to the Council such directions of a general character as appear to the Secretary of State to be requisite or expedient--

(a) in the interests of national security; or

(b) in connection with any civil emergency which may occur.

(3B) If it appears to the Secretary of State to be requisite or expedient to do so--

(a) in the interests of national security; or

(b) in connection with any civil emergency which has occurred or may occur,

he may, after consultation with the Council, give to the Council a direction requiring it to do, or not to do, a particular thing specified in the direction.

(3C) The Council shall comply with any direction given to it by the Secretary of State under this section. "

(7) In section 219(1) (interpretation)--

(a) after the definition of "analyse" there is inserted--

" "the Assembly" means the National Assembly for Wales; " ,

" "the Authority" means the Water Services Regulation Authority; " ,

(b) after the definition of "contravention" there is inserted--

" "the Council" means the Consumer Council for Water; " ,

(d) after the definition of "records" there is inserted--

" "regional committee" means a regional committee of the Council established under section 27A above; " .

Water Resources Act 1991 (c. 57)

28 (1) The WRA is amended as follows.

(2) In section 20 (water resources management schemes), in subsection (2)(c), for "Director General of Water Services" there is substituted "Water Services Regulation Authority".

(3) In section 204 (restriction on disclosure of information)--

(a) in subsection (2)--

(i) in paragraph (a), for "the Director General of Water Services" there is substituted "the Water Services Regulation Authority, the Consumer Council for Water",

(iii) in paragraph (b), for "or the Water Act 1989" there is substituted ", the Water Act 1989 or the Water Act 2003",

(iv) in paragraph (c), for "of any arrangements made by the Director General of Water Services under section 29(6)" there is substituted "of any duty imposed by section 27H",

(v) in paragraph (j)--

(a) after "the Water Act 1989" there is inserted ", the Water Act 2003",

(b) for "or that Act of 1989" there is substituted ", the Water Act 1989 or the Water Act 2003",

(b) in subsection (3), in paragraph (a)--

(i) for sub-paragraph (ii) there is substituted--

" (ii) the Water Services Regulation Authority; " ,

(ii) for sub-paragraph (iii) there is substituted--

" (iii) the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991); or " ,

(iii) for "or regulations under section 2 of the Pollution Prevention and Control Act 1999" there is substituted ", regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003".

(4) In section 219 (powers to make regulations), in each of paragraphs (a) and (b) of subsection (2), for "the Director" there is substituted "the Water Services Regulation Authority".

Water Consolidation (Consequential Provisions) Act 1991 (c. 60)

29 (1) The Water Consolidation (Consequential Provisions) Act 1991 is amended as follows.

(2) In Schedule 1 (amendment of enactments), paragraphs 10, 28(a) and 29(a) are omitted.

(3) In Schedule 2 (transitional and transitory provisions and savings)--

(a) in paragraph 8, for "Director General of Water Services" there is substituted "Water Services Regulation Authority",

(b) in paragraph 10, for "Director General of Water Services" there is substituted "Water Services Regulation Authority".

Competition and Service (Utilities) Act 1992 (c. 43)

30 Section 50 of the Competition and Service (Utilities) Act 1992 (which amends section 2 of the WIA) shall cease to have effect.

Coal Industry Act 1994 (c. 21)

31 In section 59 (information to be kept confidential by the Authority), in subsection (4), after paragraph (o) there is inserted--

" (p) the Water Act 2003. "

Competition Act 1998 (c. 41)

32 (1) The Competition Act 1998 is amended as follows.

(2) In section 54 (regulators), in subsection (1), for paragraph (d) there is substituted--

" (d) the Water Services Regulation Authority; " .

(3) In Schedule 7 (the Competition Commission), in paragraph 2(1)(d), sub-paragraph (i) is omitted.

(4) In Schedule 10 (regulators), the following are omitted--

(a) paragraph 5(3),

(b) paragraph 13(2) and (3).

(5) In Schedule 13 (transitional provisions and savings), in paragraph 35(2)(e), for "Director General of Water Services" there is substituted "Water Services Regulation Authority".

Postal Services Act 2000 (c. 26)

33 In Schedule 7 to the Postal Services Act 2000 (disclosure of information), in paragraph 3--

(a) in sub-paragraph (2), for paragraph (j) there is substituted--

" (j) the Water Services Regulation Authority, " ,

(b) in sub-paragraph (3), after paragraph (gh) there is inserted--

" (gi) the Water Act 2003, " .

Utilities Act 2000 (c. 27)

34 In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information)--

(a) in subsection (5), for paragraph (e) there is substituted--

" (e) the Water Services Regulation Authority; " ,

(b) in subsection (6)(l), at the end there is inserted "or the Water Act 2003".

Transport Act 2000 (c. 38)

35 In Schedule 9 to the Transport Act 2000 (air traffic: information), in paragraph 3--

(a) in sub-paragraph (2), for paragraph (g) there is substituted--

" (g) the Water Services Regulation Authority; " ,

(b) in sub-paragraph (3), after paragraph (ra) there is inserted--

" (rb) the Water Act 2003; " .

Enterprise Act 2002 (c. 40)

36 (1) The Enterprise Act 2002 is amended as follows.

(2) In section 136 (investigations and reports on market investigation references), in each of subsections (7)(c) and (8), for "the Director General of Water Services" there is substituted "the Water Services Regulation Authority".

(3) In section 168 (regulated markets)--

(a) in subsection (4)(f), for "the Director General of Water Services" there is substituted "the Water Services Regulation Authority",

(b) in subsection (5), for paragraph (e) there is substituted--

" (e) the Water Services Regulation Authority; " .

(4) In Schedule 15 (enactments conferring functions in relation to which a public authority may disclose information), at the end there is inserted the following entry--

" Water Act 2003 (c. 37). "

Part 3 Miscellaneous

Metropolis Water Act 1852 (c. 84)

37 Section 1 of the Metropolis Water Act 1852 (restriction on sources of supply of water to London) shall cease to have effect.

Reservoirs Act 1975 (c. 23)

38 In Schedule 1 to the Reservoirs Act 1975 (index of general definitions), the entry for "Local authority" is omitted.

Water Industry Act 1991 (c. 56)

39 (1) The WIA is amended as follows.

(2) In section 111 (restrictions on use of public sewers)--

(a) in paragraph (b) of subsection (1), for "one hundred and ten degrees Fahrenheit" there is substituted "forty-three degrees Celsius",

(b) in subsection (5), for "seventy-three degrees Fahrenheit" there is substituted "twenty-three degrees Celsius".

(3) In section 213(1) (powers to make regulations), after "or 17D(8)" (which is inserted by paragraph 49(2) of Schedule 8) there is inserted "or 105A".

Land Drainage Act 1991 (c. 59)

40 (1) The Land Drainage Act 1991 is amended as follows.

(2) In section 16 (which provides for the exercise of certain local authority powers by the Environment Agency), in subsection (2), for "under subsection (3) above" there is substituted "in exercising those powers".

(3) In section 55 (powers of internal drainage boards to borrow), in subsection (1)(a), for "in the execution of this Act" there is substituted "in the exercise or performance of any power or duty under this Act or the Water Resources Act 1991".

Health Authorities Act 1995 (c. 17)

41 In Schedule 1 to the Health Authorities Act 1995 (amendment of enactments), paragraph 120 is omitted.

Environment Act 1995 (c. 25)

42 In section 101 of the Environment Act 1995 (grants in connection with drainage works), subsection (1) is omitted.

Section 101(1)

SCHEDULE 8 Minor and consequential amendments: licensing of water suppliers etc

Water Act 1989 (c. 15)

1 (1) Section 174 of the Water Act 1989 (general restrictions on disclosure of information) is amended as follows.

(2) In paragraph (b) of subsection (2), for "or a sewerage undertaker" there is substituted ", sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991".

(3) In paragraph (c) of that subsection, for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)".

(4) In subsection (6)(a), after "sewerage undertaker" there is inserted ", or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,".

Water Industry Act 1991 (c. 56)

2 The WIA is amended as follows.

3 In section 6 (appointment of relevant undertakers), after subsection (5) there is inserted--

" (5A) A company shall not be appointed to be a relevant undertaker if it is a licensed water supplier. "

4 (1) Section 18 (orders for securing compliance) is amended as follows.

(2) In subsection (1)--

(a) after "this Part" there is inserted "or a licence under Chapter 1A of this Part"; and

(b) in paragraph (a), after "appointment" there is inserted "or licence".

(3) After that subsection there is inserted--

" (1A) Subject to subsection (2) and sections 19 and 20 below, where--

(a) in the case of any company holding an appointment under Chapter 1 of this Part, the Secretary of State or the Authority is satisfied that the company--

(i) is causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a company holding a licence under Chapter 1A of this Part; or

(ii) is likely to cause or contribute to any such contravention; or

(b) in the case of any company holding a licence under Chapter 1A of this Part, the Secretary of State or the Authority is satisfied that the company--

(i) is causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a company holding an appointment under Chapter 1 of this Part; or

(ii) is likely to cause or contribute to any such contravention,

he or it shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement. "

(4) In subsection (2)--

(a) after "this Part" there is inserted "or a licence under Chapter 1A of this Part"; and

(b) in paragraph (a), after "subsection (1)" there is inserted "or (1A)".

(5) In subsection (4), after paragraph (a)(ii) there is inserted " or

(iii) is causing or contributing to a contravention of any such condition or requirement; or

(iv) is likely to cause or contribute to any such contravention; " .

(6) In subsection (6)--

(a) in paragraph (a)--

(i) after "this Part" there is inserted "or a licence under Chapter 1A of this Part"; and

(ii) in sub-paragraph (i), after "appointment" there is inserted "or licence"; and

(b) in paragraph (b), after "this Part" there is inserted "or of a licence under Chapter 1A of this Part".

(7) For subsection (8) there is substituted--

" (8) Where any act or omission--

(a) constitutes a contravention of a condition of an appointment under Chapter 1 of this Part or of a condition of a licence under Chapter 1A of this Part or of a statutory or other requirement enforceable under this section; or

(b) causes or contributes to a contravention of any such condition or requirement,

the only remedies for, or for causing or contributing to, that contravention (apart from those available by virtue of this section) shall be those for which express provision is made by or under any enactment and those that are available in respect of that act or omission otherwise than by virtue of its constituting, or causing or contributing to, such a contravention. "

5 (1) Section 19 (exceptions to duty to enforce) is amended as follows.

(2) In subsection (1), after paragraph (a) there is inserted--

" (aa) that the extent to which the company caused or contributed to, or was likely to cause or contribute to, a contravention was trivial; " .

(3) In subsection (3), after "paragraph (a)," there is inserted "(aa),".

6 (1) Section 20 (procedure for enforcement orders) is amended as follows.

(2) In subsection (1)--

(a) after "final enforcement order" there is inserted "under section 18(1) above"; and

(b) after "provisional enforcement order" there is inserted "in a case in which section 18(4)(a)(i) or (ii) above applies".

(3) After that subsection there is inserted--

" (1A) Before making a final enforcement order under section 18(1A) above or confirming a provisional enforcement order in a case in which section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the Authority shall give notice--

(a) stating that he or it proposes to make or confirm the order and setting out the effect of the order;

(b) setting out--

(i) the condition or requirement for the purposes of securing compliance with which the order is to be made or confirmed;

(ii) the acts or omissions which, in his or its opinion, cause or contribute to or would cause or contribute to the contravention of that condition or requirement; and

(iii) the other facts which, in his or its opinion, justify the making or confirmation of the order; and

(c) specifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections to the proposed order or proposed confirmation may be made,

and shall consider any representations or objections which are duly made and not withdrawn. "

(4) In subsection (2), after "subsection (1)" there is inserted "or (1A)".

7 In section 22 (effect of enforcement order), in subsection (3), after "section 68(1)(a)" there is inserted "or (1A)(a)".

8 (1) Section 23 (meaning and effect of special administration order) is amended as follows.

(2) In subsection (1), after "this Part" there is inserted "or which is a qualifying licensed water supplier".

(3) In subsection (2), after "in relation to any company" there is inserted "holding an appointment under Chapter 1 of this Part".

(4) After that subsection, there is inserted--

" (2A) The purposes of a special administration order made in relation to any company which is a qualifying licensed water supplier shall be--

(a) the transfer to another company or companies, as a going concern, of so much of the company's undertaking as it is necessary to transfer in order to ensure that activities relating to the introduction or introductions of water mentioned in subsection (6)(b) below may be properly carried on; and

(b) the carrying on of those activities pending the making of the transfer. "

(5) In subsection (4), for the words from "a company" to the end there is substituted--

" (a) a company is replaced by another as a relevant undertaker without an appointment or variation under Chapter 1 of this Part; or

(b) a company carries on activities relating to the introduction or introductions of water mentioned in subsection (6)(b) below formerly carried on by another company,

in pursuance of a special administration order. "

(6) After subsection (5), there is inserted--

" (6) For the purposes of this section, sections 24 to 26 below and Schedule 2 to this Act, a licensed water supplier is a qualifying licensed water supplier if--

(a) it is the holder of a combined licence (within the meaning of Chapter 1A of this Part); and

(b) the introduction of water by it which is permitted under section 66B or 66C below is designated as a strategic supply under section 66G below or the introductions of water by it which are so permitted are designated as a collective strategic supply under section 66H below. "

9 (1) Section 24 (special administration orders made on special petitions) is amended as follows.

(2) After subsection (1), there is inserted--

" (1A) If on an application made to the High Court by petition presented--

(a) by the Secretary of State (after consulting the Assembly); or

(b) with the consent of the Secretary of State (after consulting the Assembly), the Authority,

the Court is satisfied in relation to any company which is a qualifying licensed water supplier that any one or more of the grounds specified in subsection (2) below is satisfied in relation to that company, that Court may make a special administration order in relation to that company. "

(3) In subsection (2)--

(a) for "subsection (1)" there is substituted "subsections (1) and (1A)",

(b) in paragraphs (a) and (b), after "appointment" there is inserted "or licence",

" (bb) in the case of a company which is a qualifying licensed water supplier, that--

(i) action taken by the company has caused a contravention by a water undertaker of any principal duty; and

(ii) that action is serious enough to make it inappropriate for the company to continue to hold its licence; " ,

(d) in paragraph (d), after "this Part" there is inserted "or was not a qualifying licensed water supplier", and

(e) in paragraph (e), at the beginning there is inserted "in the case of a company holding an appointment under Chapter 1 of this Part,".

(4) For subsection (7) there is substituted--

" (7) In this section "principal duty" means--

(a) in relation to a company holding an appointment under Chapter 1 of this Part, a requirement imposed on the company by section 37 or 94 below;

(b) in relation to a company which is a qualifying licensed water supplier, any condition of its licence or any statutory requirement imposed on it in consequence of its licence. "

10 In section 25 (power to make special administration order on a winding up)--

(a) after "this Part" there is inserted "or is a qualifying licensed water supplier", and

(b) in paragraph (b), after "appointment" there is inserted "or a qualifying licensed water supplier".

11 In section 26 (restrictions on voluntary winding up and insolvency proceedings), after "this Part" there is inserted "or is a qualifying licensed water supplier".

12 (1) Section 27 (general duty of Authority to keep matters under review) is amended as follows.

(2) In subsection (1), for the words from "water" to the end there is substituted--

" (a) water undertakers or sewerage undertakers carry out functions; and

(b) licensed water suppliers carry on activities authorised by their licences. "

(3) In subsection (2)--

(a) after paragraph (a) there is inserted--

" (aa) the carrying on by companies holding licences under Chapter 1A of this Part of the activities authorised by their licences; or " , and

(b) in paragraph (b), for "such company" there is substituted "company mentioned in paragraph (a) or (aa) above".

(4) In subsection (4), at the end of paragraph (b) there is inserted " or

(c) the activities authorised by retail licences or combined licences (within the meanings of Chapter 1A of this Part); or

(d) the carrying on of any such activities by a company holding any such licence. "

13 (1) Section 39A (information to be given to customers about overall performance) is amended as follows.

(2) In subsection (1), after "customers" there is inserted ", and, if the direction so specifies, licensed water suppliers using the undertaker's supply system for the purpose of supplying water to the premises of customers or those customers,".

(3) After subsection (2) there is inserted--

" (2A) The licensed water suppliers referred to in subsection (1) above shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers.

(2B) In subsection (1) above, the reference to the water undertaker's supply system shall be construed in accordance with section 17B(5) above. "

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