Water Act 2003 (c. 37)

(The document as of February, 2008)

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

(4) In subsection (3), after "undertaker" there is inserted "or licensed water supplier".

14 (1) Section 43 (calculation of payments to undertaker in respect of provision of water main) is amended as follows.

(2) In subsection (1), for "water charges payable for the use during that year of that main are" there is substituted "relevant revenue in respect of that main for that year is".

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

" (7) Any reference in this section to the relevant revenue in respect of a main provided by a water undertaker for any year is--

(a) in relation to premises connected with the main which are supplied with water by the undertaker, is a reference to so much of the aggregate of any charges payable to the undertaker in respect of services provided in the course of that year as represents charges which--

(i) have been imposed by the undertaker in relation to those premises; and

(ii) are reasonably attributable to the provision of a supply of water (whether or not for domestic purposes) to those premises by means of that main;

(b) in relation to premises connected with the main which are supplied with water by a licensed water supplier, is a reference to so much of the aggregate of any charges made during the course of that year which--

(i) are payable by the supplier to the undertaker in respect of the duty under section 66A(2)(b), 66B(3)(b) or 66C(2)(b)(ii) below; and

(ii) are reasonably attributable to the use of that main for the purpose of the supplier supplying water to those premises. "

15 (1) Section 52 (the domestic supply duty) is amended as follows.

(2) In subsection (3), at the beginning there is inserted "Subject to subsection (4A) below,".

(3) After subsection (4) there is inserted--

" (4A) This section does not apply to any premises if--

(a) they are not in the area of the water undertaker;

(b) they are not household premises (as defined in section 17C above); and

(c) the total quantity of water estimated to be supplied to them annually for the purposes of subsection (2) of section 17D above is not less than the quantity specified in that subsection. "

(4) After subsection (6) there is inserted--

" (6A) For the purposes of this section, there is also an interruption of the domestic supply duty owed by a water undertaker in relation to any premises where--

(a) a notice is served in respect of those premises under section 63AA below; and

(b) the time specified in that notice has passed. "

16 (1) Section 55 (supplies for non-domestic purposes) is amended as follows.

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

" (1A) This section also applies where--

(a) a water undertaker is requested to provide a supply of water to premises which are not in the undertaker's area by the owner or occupier of the premises;

(b) the premises are household premises (as defined in section 17C above) or the total quantity of water estimated to be supplied to the premises annually for the purposes of subsection (2) of section 17D above is less than the quantity specified in that subsection; and

(3) In subsection (8), after "63" there is inserted "and 63AB".

17 After section 63 there is inserted--

" Supply by licensed water supplier etc

63AA Supply by licensed water supplier: domestic supply

(1) The owner or occupier of any premises may serve a notice on a water undertaker--

(a) informing the undertaker that the premises are to be supplied by a licensed water supplier; and

(b) specifying the time after which a supply of water to the premises by the undertaker will no longer be required.

(2) Where the charges for the water supplied by the undertaker are, under Chapter 1 of Part 5 of this Act, fixed in relation to the premises by reference to volume, the time specified in the notice shall fall at least two working days after the notice is served.

(3) In this section and section 63AB below, any reference to two working days is a reference to a period of forty-eight hours calculated after disregarding any time falling on--

(a) a Saturday or Sunday; or

(b) Christmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

63AB Supply by licensed water supplier: non-domestic supply

(1) The duty of a water undertaker under section 55 above to provide a supply of water to any premises shall cease to apply if--

(a) a notice specifying the time after which a supply of water to the premises by the undertaker will no longer be required in consequence of the premises being supplied by a licensed water supplier has been served on the undertaker by the owner or occupier of the premises; and

(b) that time has passed.

63AC Interim duty of water undertaker: domestic and non-domestic supply

(1) This section applies where--

(a) a licensed water supplier ceases to supply any premises with water; and

(b) the owner or occupier of the premises has not notified the water undertaker in whose area the premises are that--

(i) he has made arrangements for the continuation of the supply of water to the premises; or

(ii) he intends any supply of water to the premises to cease.

(2) Where this section applies, it shall be the duty of the water undertaker to continue the supply of water to the premises which was made by the licensed water supplier.

(3) Where a supply is made under subsection (2)--

(a) the charges payable in respect of the supply shall be fixed from time to time by a charges scheme under section 143 below; and

(b) subject to subsection (8) below, the supply shall be made until--

(i) a supply is made under section 52 or 55 above; or

(ii) a notice is served by the undertaker on the owner or occupier of the premises stating that the supply is to be discontinued (subject to subsection (4) below),

whichever is earlier.

(4) A notice under subsection (3)(b)(ii) above may not be served before the end of the period of three months beginning with the day on which the supply by the supplier ceased.

(5) A water undertaker shall not be required by virtue of this section to provide a supply of water to any premises if the provision of the supply would--

(a) require the undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works; or

(b) otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a) above.

(6) The supply of water to any premises by a water undertaker under this section shall not prevent a proposed supply to those premises by that undertaker under section 55 above from being regarded as a new supply for the purposes of that section.

(7) Where a duty is imposed by this section in respect of any premises, any breach of the duty which causes the owner or occupier of the premises to sustain loss or damage shall be actionable at the suit of that owner or occupier; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.

(8) Sections 60 to 63 above apply as they apply where a supply of water is made under section 52 or 55 above. "

18 (1) Section 68 (water quality) is amended as follows.

(2) In subsection (1)--

(a) after "water undertaker" there is inserted "where its supply system is used for the purpose of supplying water to any premises for domestic or food production purposes",

(b) in paragraph (a), for the words from the beginning to "which" there is substituted "to ensure that any water so supplied",

(c) in paragraph (b), for the words from "that undertaker" to "purposes" there is substituted "water is so supplied", and

(d) after that paragraph, there is inserted--

" and this section and section 69 below apply, in relation to the duty of an undertaker, whether or not the water supplied using the undertaker's supply system is supplied by the undertaker. "

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

" (1A) It shall be the duty of a licensed water supplier--

(a) when supplying water to any premises for domestic or food production purposes, in accordance with its retail authorisation, to ensure that the water is wholesome at the time of supply; and

(b) so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which that supplier supplies water to premises for domestic or food production purposes, in accordance with its retail authorisation, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources,

and references in this subsection to the retail authorisation shall be construed in accordance with section 17A(2) above. "

(4) In subsection (2), for "water supplied by a water undertaker" there is substituted "where a water undertaker's supply system is used for the purpose of supplying water to any premises, any water so supplied".

(5) In subsection (3)--

(a) for the words from "this section" to "premises" there is substituted "subsection (1) above where a water undertaker's supply system is used for the purpose of supplying water to any premises, and the water so supplied"; and

(b) in paragraph (b), for "supplying the water, to take such steps" there is substituted "the water is supplied, to ensure that such steps are taken".

(6) After that subsection there is inserted--

" (3A) For the purposes of subsection (1A) above where water supplied by a licensed water supplier to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if--

(a) it has ceased to be wholesome after leaving the relevant pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and

(b) it has so ceased in consequence of the failure of the supplier, before supplying the water, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the relevant pipes.

(3B) In subsection (3A) above "relevant pipes" means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the licensed water supplier. "

(7) In subsection (5), after "undertaker" there is inserted "and licensed water supplier".

(8) In the sidenote (and the italic heading immediately preceding it), after "undertakers" there is inserted "and licensed water suppliers".

19 (1) Section 69 (regulations for preserving water quality) is amended as follows.

(2) In subsection (1), for "to take all such steps" there is substituted "or a licensed water supplier to ensure that such steps are taken".

(3) In subsection (2)--

(a) after "water undertaker" there is inserted "or licensed water supplier",

(b) in paragraph (a)--

(i) for "take all such steps" there is substituted "ensure that all such steps are taken"; and

(ii) for "which that undertaker supplies" there is substituted "used for relevant supplies",

(i) for "take all such steps" there is substituted "ensure that all such steps are taken"; and

(ii) for "that undertaker uses or is proposing to use for supplying water" there is substituted "is used or is proposed to be used for making relevant supplies",

(d) in paragraph (c), for "that undertaker is using or proposing to use for supplying water" there is substituted "is used or proposed to be used for making relevant supplies",

(e) in paragraph (d)--

(i) for "keep records" there is substituted "ensure that records are kept";

(ii) for "supplied with water" there is substituted "receiving relevant supplies"; and

(iii) the words "by that undertaker" are omitted, and

(f) in paragraph (e), for "comply with prescribed requirements" there is substituted "ensure that prescribed requirements are complied with".

(4) In subsection (3), for the words from "with respect" to "functions" there is substituted "imposing obligations on water undertakers or licensed water suppliers with respect to the use for the purposes of or in connection with making relevant supplies".

(5) In subsection (4)--

(a) in paragraph (a)--

(i) for "forbid the use by water undertakers of" there is substituted "require water undertakers or licensed water suppliers to ensure that", and

(ii) at the end there is inserted "are not used for the purposes of or in connection with relevant supplies",

(b) in paragraph (b)--

(i) after "require" there is inserted "water undertakers and licensed water suppliers to ensure that", and

(ii) for "by water undertakers to" there is substituted "for the purposes of or in connection with relevant supplies", and

(c) in paragraph (c), for "by water undertakers" there is substituted "for the purposes of or in connection with relevant supplies".

(6) In subsection (5)--

(a) the words "require a water undertaker" are omitted,

(b) in paragraph (a)--

(i) at the beginning, there is inserted "require a water undertaker", and

(ii) for "by that undertaker" there is substituted "using that undertaker's supply system",

(d) after that paragraph, there is inserted--

" (aa) require a licensed water supplier to publish information about the quality of water supplied for domestic or food production purposes to any premises by that supplier " , and

(e) in paragraph (b)--

(i) at the beginning, there is inserted "require any such undertaker or supplier", and

(ii) for "so supplied" there is substituted "supplied as referred to in paragraph (a) or (aa) above (as the case may be)".

(7) In subsection (6)--

(a) in paragraph (b)--

(i) after "water undertaker" there is inserted "or licensed water supplier", and

(ii) after "the undertaker" there is inserted "or supplier", and

(b) in paragraph (c), after "undertaker" there is inserted "or licensed water supplier".

(8) After that subsection there is inserted--

" (7) In this section, "relevant supplies" means--

(a) in the case of an obligation imposed on a water undertaker, supplies of water--

(i) made by the undertaker in carrying out its functions; or

(ii) made by a licensed water supplier using the undertaker's supply system; and

(b) in the case of an obligation imposed on a licensed water supplier, supplies of water made by that supplier using a water undertaker's supply system. "

20 (1) Section 70 (offence of supplying water unfit for human consumption) is amended as follows.

(2) In subsection (1)--

(a) for the words from "water undertaker" to "pipes" there is substituted "water undertaker's supply system is used for the purposes of supplying water", and

(b) for "the undertaker" there is substituted "the relevant persons".

(3) After that subsection there is inserted--

" (1A) For the purposes of subsection (1) above, the relevant persons are--

(a) the water undertaker whose supply system is used for the purposes of supplying the water (in this section referred to as the "primary water undertaker"); and

(b) any employer of persons, or any self-employed person, who is concerned in the supply of the water. "

(4) In subsection (3)--

(a) for "water undertaker" there is substituted "relevant person",

(b) for "that undertaker" there is substituted "that person", and

(5) After that subsection there is inserted--

" (3A) For the purposes of paragraph (b) of subsection (3) above--

(a) in the case of proceedings against a primary water undertaker, showing that the undertaker took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that the relevant arrangements were reasonable in all the circumstances; and

(b) in the case of proceedings against any other relevant person, showing that the person took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that it took all reasonable steps and exercised all due diligence for securing that all aspects of the relevant arrangements for which it was responsible were properly carried out.

(3B) In subsection (3A) above, "relevant arrangements" means arrangements made by the primary water undertaker to ensure that all other relevant persons were required to take all reasonable steps and exercise all due diligence for securing that the water was fit for human consumption on leaving the undertaker's pipes or was not used for human consumption. "

21 In section 72 (contamination of water sources), in subsection (5), after paragraph (b) there is inserted " ; and

22 In section 73 (offences of contaminating water etc), in subsection (1)--

(a) in the opening words, after "undertaker" there is inserted "or licensed water supplier", and

(b) in paragraph (b), after "undertaker" there is inserted "or supplier".

23 In section 74 (regulations for preventing contamination etc), in subsection (1)--

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

(b) in paragraph (c), after "that undertaker" there is inserted "or a licensed water supplier", and

24 (1) Section 75 (power to prevent damage etc) is amended as follows.

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

" (1A) Without prejudice to any power conferred on water undertakers by regulations under section 74 above, where a water undertaker whose supply system is used for the purpose of a licensed water supplier making a supply of water to any premises has reason for believing--

(a) that damage to persons or property is being or is likely to be caused by any damage to, or defect in, any water fitting used in connection with the supply of water to those premises which is not a service pipe belonging to the water undertaker;

(b) that water in a water main or other pipe of the undertaker is being or is likely to be contaminated by the return of any substance from those premises to that pipe or main;

(c) that water which is in any pipe connected with any such main or other pipe or which has been supplied by the supplier to those premises is being or is likely to be contaminated before it is used; or

(d) that water which has been or is to be so supplied is being or is likely to be wasted or, having regard to the purposes for which it is supplied, misused or unduly consumed,

the undertaker may exercise the power conferred by subsection (2) below in relation to those premises. "

(3) After subsection (10) there is inserted--

" (11) Where the power conferred by subsection (2) above on a water undertaker is exercisable by virtue of subsection (1A) above--

(a) the references to the consumer in subsections (2) and (3), in relation to a supply of water to any premises, shall be taken to be references to the person in respect of whom the supply is made; and

(b) the undertaker shall serve on the licensed water supplier providing the supply a copy of any notice under this section which is served on the person mentioned in paragraph (a) above.

(12) In subsection (1A) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above. "

25 In section 76 (temporary hosepipe bans), in subsection (1), after "supplied by that undertaker" there is inserted "or a licensed water supplier".

26 (1) Section 78 (local authority functions in relation to undertaker's supplies) is amended as follows.

(2) In subsection (1)(a), after "undertaker" there is inserted ", or by a licensed water supplier using that undertaker's supply system,".

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

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

27 (1) Section 86 (enforcement of water quality) is amended as follows.

(2) In subsection (1)(b), for "by a water undertaker" there is substituted "using a water undertaker's supply system".

(3) In subsection (2)(a)(i), for the words from "by" to "above" there is substituted "or a licensed water supplier by or under any of sections 68, 69 and 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section".

(4) In subsection (3), after "undertaker" there is inserted ", licensed water supplier or other relevant person (as defined in section 70(1A) above)".

(5) In subsection (4), for paragraph (c) there is substituted--

" (c) at any reasonable time require--

(i) any water undertaker or licensed water supplier to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker or supplier by or under any of sections 68, 69 and 79 above; or

(ii) any relevant person (as defined in subsection (1A) of section 70 above) to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that person by or under that section. "

(6) In subsection (6), after "undertaker" there is inserted ", licensed water supplier or other relevant person".

28 In section 93(1) (interpretation of Part 3), in the definition of "private supply", after "undertaker" there is inserted "or by a licensed water supplier in accordance with Chapter 1A of Part 2 of this Act".

29 In section 93A (duty to promote the efficient use of water), in the following provisions--

(a) subsection (1),

(b) subsection (2), and

after "undertaker" there is inserted "or licensed water supplier".

30 (1) Section 93B (power to impose requirements in connection with section 93A) is amended as follows.

(2) In subsection (1), after "undertaker" there is inserted "or licensed water supplier".

(3) In subsection (2)--