UKPGA-1992-43 Competition and Service (Utilities) Act 1992 UK

The power of the Director General of Electricity Supply, under section 23(2) of the Electricity Act 1989, to require a public electricity supplier to continue a supply of electricity pending the Director’s determination of a dispute shall be extended to enable the Director to require the giving of a supply of electricity pending such a determination.

Accordingly, in section 23(2) of that Act, the words “to continue” shall be omitted, in both places where they occur.

Section 39 of the Water Industry Act 1991 (procedure for making regulations under section 38 relating to standards of performance in the supply of water) shall be amended as follows.

In subsection (1)(d), for “both” there shall be substituted “ the summary mentioned in subsection (2)(bb) below, ”.

The following subsection shall be inserted after subsection (1)—

In subsection (2), the following paragraph shall be inserted after “apply” in paragraph (b)—“ (bb) is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above; ”.

Section 96 of the Water Industry Act 1991 (procedure for regulations under section 95 relating to standards of performance in the provision of sewerage services) shall be amended as follows.

In subsection (1)(d), for “both” there shall be substituted “ the summary mentioned in subsection (2)(bb) below, ”.

The following subsection shall be inserted after subsection (1)—

In subsection (2), the following paragraph shall be inserted after “apply” in paragraph (b)—“ (bb) is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above; ”.

The Water Industry Act 1991 shall be amended as follows.

In section 45 (duty to make connections with mains), the following subsection shall be inserted after subsection (6)—

In section 46 (duty to carry out ancillary works for the purpose of making domestic connection), in subsection (7), for “(6)” there shall be substituted “ (6A) ”.

In section 49 (supplemental provisions with respect to metering conditions), the following shall be substituted for subsection (3)—

In section 53 (conditions of compliance with domestic supply duty), the following subsection shall be inserted after subsection (2)—

In section 64 (supply by means of separate service pipes), the following subsection shall be inserted after subsection (2)—

In section 105 (appeals with respect to adoption of sewers etc.), for “Secretary of State”, wherever it appears, there shall be substituted “ Director ”.

In section 106 (right to communicate with public sewers)—

In section 107 (right of sewerage undertaker to undertake the making of communications with public sewers), in subsection (1)(b), for “a magistrates’ court” there shall be substituted “ the Director ” and after subsection (4) there shall be inserted the following subsection—

In section 112 (requirement that proposed drain or sewer be constructed so as to form part of general system), in subsections (2) and (3), for “Secretary of State” there shall be substituted “ Director ”.

In section 113 (power to alter drainage system of premises)—

In section 116 (power to close or restrict use of public sewer), the following subsection shall be inserted after subsection (3)—

In section 34(3) of the Water Industry Act 1991 (matters to which the Monopolies Commission is to have regard on a reference under section 32 of that Act with respect to a water enterprise) the following shall be substituted for paragraph (a)—“ (a) shall have regard to the desirability of giving effect to the principle that the Director’s ability, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises should not be prejudiced; and ”.

Section 35(3) of the Act of 1991 (meaning of reference to the number of water enterprises under independent control) shall cease to have effect.

This section applies only to references under section 32 of the Act of 1991 made after the commencement of this section.

In section 7 of the Water Industry Act 1991 (continuity of appointments, replacement appointments etc.), in subsection (4), for “company; or”, at the end of paragraph (b) there shall be substituted—.

In section 7 of the Act of 1991 the following subsections shall be added at the end—

In section 8 of the Act of 1991 (procedure with respect to appointments and variations) the following subsection shall be added at the end—

In section 9 of the Act of 1991 (duties affecting making of appointments and variations), in subsection (3), after “(4)(b)” insert “ or (bb) ”.

In section 36(3) of the Act of 1991, the following paragraphs are hereby repealed—

In section 158 of the Act of 1991 (powers to lay pipes), the following subsections shall be added at the end—

In section 45 of the Water Industry Act 1991 (which imposes on a water undertaker a duty to make a connection with one of its water mains where the premises for which a supply of water is required are in the undertaker’s area), the words “in the undertaker’s area” shall cease to have effect.

In section 106 of the Act of 1991 (which gives the owner or occupier of any premises in the area of a sewerage undertaker a right to have his drains or sewer communicate with the public sewers of that undertaker), the following subsection shall be substituted for subsection (1)—

Section 28 of the Gas Act 1986 (orders for securing compliance with certain provisions) shall be amended as follows.

For the words “has contravened and is likely again”, in each place where they occur in subsections (1), (2) and (4), there shall be substituted “ is likely ”.

In subsection (5), after “confirmation of the order” there shall be inserted—“ (aa) that the public gas supplier has agreed to take and is taking all such steps as it appears to the Director for the time being to be appropriate for the supplier to take for the purpose of securing or facilitating compliance with the condition or requirement in question; ”.

Section 47 of the Water Industry Act 1991 (conditions of connection with water main) shall be amended as set out in subsections (2) to (4).

In subsection (2)(b)(ii), after “expenses” there shall be inserted “ reasonably ”.

After subsection (2) there shall be inserted the following subsection—

After subsection (3) there shall be inserted the following subsections—

In section 53 of the Act of 1991 (conditions of compliance with domestic supply duty), in subsection (2)(a)(ii), after “expenses” there shall be inserted “ reasonably ” and after subsection (2) there shall be inserted the following subsection—

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The following subsection shall be inserted in section 148 of the Water Industry Act 1991 (restriction on charging for metering works), after subsection (1)—

The following subsection shall be inserted in section 148 of the Act of 1991, after subsection (4)—

In section 149(2) of the Act of 1991 (regulations about metering etc.), the following paragraph shall be inserted after paragraph (a)—.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of the provisions mentioned in subsection (2)—

The provisions are—

This Act may be cited as the Competition and Service (Utilities) Act 1992.

Section 54 and subsections (1) to (5) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Secretary of State.

Different dates may be appointed for different provisions of this Act and for different purposes.

The following provisions of this Act do not extend to Scotland—

The following provisions of this Act extend to Northern Ireland—

The minor and consequential amendments set out in Schedule 1 shall have effect.

The repeals set out in Schedule 2 shall have effect.

The amendments set out in sub-paragraphs (2) and (3) shall be made in section 47 of the Act of 1986 (general provisions as to regulations under Part I).

In subsection (1)—

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The amendments set out in sub-paragraphs (2) and (3) shall be made in section 39(1) of the Act of 1991 (procedure for regulations about standards of performance in connection with water supply).

For paragraph (b) there shall be substituted—.

In paragraph (c)(ii), after “undertaker” there shall be inserted “ or person or body on whom a copy of the application has been served under paragraph (b)(ii) above ”.

The amendments set out in sub-paragraphs (2) and (3) shall be made in section 96(1) of the Act of 1991 (procedure for regulations about standards of performance in connection with provision of sewerage services).

For paragraph (b) there shall be substituted—.

In paragraph (c)(ii), after “undertaker” there shall be inserted “ or person or body on whom a copy of the application has been served under paragraph (b)(ii) above ”.