Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Water industry
Expansion of water supply licensing
For section 17A of the Water Industry Act 1991 there is substituted—
Schedule 2 (which amends Chapter 2A of Part 3 of the Water Industry Act 1991 which relates to water undertakers' duties to enable operations of water supply licensees) has effect.
Section 17B of the Water Industry Act 1991 (guidance and interpretation) is amended as follows.
After subsection (4) there is inserted—
In subsection (5) (interpretation of references to the supply system of a water undertaker), after “undertaker are” there is inserted “ , in the case of an undertaker whose area is wholly or mainly in Wales, ”.
The Secretary of State may by order made by statutory instrument repeal section 17A(3)(b) of the Water Industry Act 1991 (the threshold requirement affecting premises in England and Wales), so far as it relates to premises supplied using the supply system of a water undertaker whose area is wholly or mainly in England.
The Welsh Ministers may by order made by statutory instrument repeal section 17A(3)(b) of the Water Industry Act 1991, so far as it relates to premises supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales.
The Welsh Ministers may by order made by statutory instrument repeal paragraph 7(b) of Schedule 2A to the Water Industry Act 1991 (inserted by Schedule 1 to this Act).
An order under subsection (1), (2) or (4) may make such amendments of the Water Industry Act 1991 and this Act as are necessary or appropriate in consequence of the repeal made by the order.
A statutory instrument containing an order to be made by the Secretary of State under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order to be made by the Welsh Ministers under subsection (2) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
Introduction of sewerage licences
After section 17B of the Water Industry Act 1991 there is inserted—
Schedule 4 (which amends Part 4 of the Water Industry Act 1991 to add a Chapter 2A relating to arrangements between sewerage undertakers and sewerage licensees) has effect.
Application as regards Wales
Schedule 5 (which contains amendments in connection with applying licensing changes to relation to relevant undertakers whose areas are wholly or mainly in Wales) has effect.
Licensing arrangements between England and Wales and Scotland
The Water Industry Act 1991 is amended as follows.
After section 17F (procedure for granting and varying licences) there is inserted—
The Water Services etc. (Scotland) Act 2005 is amended as follows.
In Schedule 2 (procedure for granting licences), after paragraph 1 there is inserted—
In section 6 (grant of water services and sewerage services licences)—
in subsection (1), for “paragraphs 1 and 2” there is substituted “ paragraphs 1, 1A and 2 ”;
in subsection (3), for “paragraphs 1 and 2” there is substituted “ paragraphs 1, 1A and 2 ”.
In section 34 (orders and regulations), in subsection (3)(c), after “or (4)” there is inserted “ , 1A(1) ”.
Arrangements between relevant undertakers
a reference to a bulk supply agreement includes a reference to an old bulk supply agreement, and
a reference to a supplier, in relation to a bulk supply agreement, is to be construed accordingly.
For section 110A of the Water Industry Act 1991 (new connections with public sewers) there is substituted—
a reference to a main connection agreement includes a reference to an old main connection agreement, and
a reference to an established undertaker, in relation to a main connection agreement, is to be construed accordingly.
For the purposes of subsection (2)—
“old main connection agreement” means an agreement made before the coming into force of subsection (1) that is an agreement with one or more sewerage undertakers for that undertaker or each of them to permit a main connection into its sewerage system, and includes an order under old section 110A which is deemed to be an agreement by virtue of old section 110A(5);
references to old section 110A are references to section 110A, as that section had effect before being substituted under subsection (1).
Agreements to adopt infrastructure
The Water Industry Act 1991 is amended as follows.
In section 51A (agreements to adopt a water main or service pipe at a future date)—
in subsection (3) (application to make an agreement under section 51A), for the words from “make an application” to the end there is substituted “ request a water undertaker to make an agreement under this section. ”;
subsections (4) to (8) are repealed;
after subsection (9) there is inserted—
For section 51B (appeals with respect to adoption) and section 51C (financial conditions of compliance) there is substituted—
In section 51E (sections 51A to 51D: supplementary), in subsection (2), for “In sections 51A to 51C above” there is substituted “ In section 51A ”.
The Water Industry Act 1991 is amended as follows.
In section 104 (agreements to adopt a sewer, drain or sewage disposal works at a future date)—
in subsection (2) (application to make an agreement under section 104), for the words from “make an application” to the end there is substituted “ request a sewerage undertaker to make an agreement under this section. ”;
subsections (3), (4) and (6A) are repealed;
after subsection (5) there is inserted—
After section 105 there is inserted—
In section 107 (right of sewerage undertaker to undertake the making of communications with public sewers), after subsection (1) there is inserted—
In section 108 (communication works by person entitled to communication), in subsection (1), after “section 106 above” there is inserted “ or may not make such an election because of section 107(1A) ”.
Arrangements for water undertakers to take water
In Part 3 of the Water Industry Act 1991, after Chapter 2A there is inserted—
Appointments and variations
Section 8 of the Water Industry Act 1991 (procedure with respect to appointments and variations replacing relevant undertakers) is amended as follows.
In subsection (2)(a) (the Water Services Regulation Authority to serve notice of application), for “on the existing appointee the NRA and on every” there is substituted.
In subsection (4)(b) (the Secretary of State or the Water Services Regulation Authority to serve notice of proposed appointment or variation), for “on the existing appointee the NRA and on every” there is substituted.
In subsection (5)(b) (the Secretary of State or the Water Services Regulation Authority to serve notice of the making of an appointment or variation), for “on the NRA and on every” there is substituted.
After subsection (6) insert—
Duty of CMA to refer mergers of relevant undertakers
After section 33 (exclusion of small mergers) there is inserted—
After section 33C (inserted by subsection (2)) there is inserted—
Relevant undertakers' charges
In section 143 of the Water Industry Act 1991 (charges schemes), for subsections (6) to (9) (charges scheme not to take effect until approved by the Water Services Regulation Authority, etc), there is substituted—
After section 143A there is inserted—
After section 144 of the Water Industry Act 1991 there is inserted—
The Water Industry Act 1991 is amended as follows.
in subsection (1)(b) (condition as to providing security), for the words from “such security” to “reasonably required” there is substituted “ such security as charging rules allow and the undertaker may have required ”;
in subsection (2) (undertaking to pay), for paragraph (a) there is substituted—;
subsections (4) and (5) (interest on sums deposited by way of security) are repealed;
in subsection (6) (reference of disputes to Water Services Regulation Authority), in paragraph (b), after “the amount” there is inserted “ or amounts by way of charges ”.
In section 45 (duty to make domestic connections to a water main)—
in subsection (2) (the nature of the duty), the words “, at the expense of the person serving the notice,” are repealed;
for subsection (6) there is substituted—;
in subsection (6A) (reference of disputes to Authority), for “as to whether the expenses were incurred reasonably” there is substituted “ as to the payments required to be made ”.
in subsection (1) (the nature of the duty), the words “, at the expense of the person serving the notice,” are repealed;
in subsection (7), in paragraph (b), for “under this section at another person's expense” there is substituted “ as its duty under this section ”;
in subsection (7), in the words after paragraph (b), for “under that section at another person's expense” there is substituted “ as its duty under that section ”;
in subsection (9) (consequences of exercising power under section 46(8) to lay a water main rather than a service pipe), paragraph (b) (maximum expenses recoverable) and the “but” preceding it are repealed.
In section 47 (conditions of connection with water main)—
in subsection (2)(a) (requirement to give security for amounts to be paid), for the words from “such security” to “reasonably require” there is substituted “ such security as charging rules allow and the undertaker requires ”;
in subsection (3B) (reference of disputes to Authority), in the opening words, “whether” is repealed;
in subsection (3B), for paragraph (a) there is substituted—;
in subsection (3B)(b), at the beginning there is inserted “whether”;
in subsection (3B)(c), after “particular case,” there is inserted “ whether ”.
The Water Industry Act 1991 is amended as follows.
In section 99 (financial conditions for compliance with the duty in section 98 to provide a public sewer or lateral drain)—
in subsection (1)(b) (condition as to providing security), for the words from “such security” to “reasonably required” there is substituted “ such security as charging rules allow and the undertaker may have required ”;
in subsection (2) (undertaking to pay in respect of public sewer), for paragraph (a) there is substituted—;
in subsection (2A) (undertaking to pay in respect of lateral drain), for paragraph (a) there is substituted—;
subsections (4) and (5) (interest on sums deposited by way of security) are repealed;
in subsection (6) (reference of disputes to the Water Services Regulation Authority), in paragraph (b), after “the amount” there is inserted “ or amounts by way of charges ”.
In section 101B (power to provide lateral drain following provision of public sewer)—
in subsection (3) (obligation to pay for drain requested), for “the costs reasonably incurred in or in connection with providing that drain” there is substituted “ such charges as the undertaker may impose in accordance with charging rules ”;
after subsection (3) there is inserted—;
in subsection (4) (reference of disputes to Authority), for paragraph (b) there is substituted—;
in subsection (4), after paragraph (b) there is inserted.
In section 107 (right of a sewerage undertaker to undertake the making of a communication with a public sewer)—
in subsection (3)(b)(i) (no obligation for undertaker to act until paid an estimated cost of the work in advance), for “the cost of the work” there is substituted “ the amount by way of charges that the undertaker may impose in accordance with charging rules for making the connection ”;
in subsection (3)(b)(ii) (no obligation for undertaker to act until given security for payment), for “such security” to the end there is substituted “ such security for the payment of that amount as charging rules allow and it may have required. ”;
for subsection (4), there is substituted—;
in subsection (4A) (reference to disputes to Authority), in paragraph (a), for “of the cost of works” there is substituted “ of the amount of charges ”;
in subsection (4A), for paragraph (b) (and the “or” following it) there is substituted—;
in subsection (4A), for paragraph (c) there is substituted—.
In section 146 (connection charges etc, and charges for highway drainage), in subsection (5)(a), after “expenses incurred by it in” there is inserted “ , or charges imposed by it for, ”.
In section 185 of the Water Industry Act 1991 (duty to move pipes etc in certain cases), in subsection (5) (recovery of undertaker's expenses), for the words from “the undertaker” to the end there is substituted “ the person serving the notice is liable to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules ”.
Sustainable drainage
After section 114 of the Water Industry Act 1991 there is inserted—
In section 158 of that Act (powers to lay pipes in streets), in subsection (7) (meaning of reference to a relevant pipe), in paragraph (b)—
omit the “or” at the end of both sub-paragraphs (i) and (ii);
after sub-paragraph (iii) there is inserted
In Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage), after paragraph 19 there is inserted—
General duties of the Water Services Regulation Authority
Section 2 of the Water Industry Act 1991 (general duties with respect to water industry) is amended as follows.
In subsection (2A)—
omit the “and” at the end of paragraph (c);
after paragraph (d) insert
After subsection (2D) insert—
In section 2 of the Water Industry Act 1991 (general duties of the Secretary of State and the Water Services Regulation Authority with respect to the water industry), in subsection (3) (general considerations in exercising powers and duties), after paragraph (b) there is inserted—.
For section 2A of the Water Industry Act 1991 there is substituted—
In section 2(6A), (6B) and (7) of that Act (general duties with respect to water industry), for “section 2A” there is substituted “ sections 2A and 2B ”.
In section 192A of that Act (forward work programme), after subsection (3) there is inserted—
Regulation of relevant undertakers, water supply licensees and sewerage licensees
Section 17F of the Water Industry Act 1991 (procedure for granting water supply licences) is amended as follows.
For subsection (1) (application to be made as set out in regulations) there is substituted—
Subsections (2), (3) and (5) (requirement for applicant to publish notice of an application made) are repealed.
In subsection (4) (procedure where the Secretary of State or the Authority proposes to refuse an application), for “the application”, in the first place it occurs, there is substituted “ a relevant application ”.
In section 22C of the Water Industry Act 1991 (time limits on the imposition of financial penalties), in subsection (1), for “twelve months” there is substituted “ five years ”.
But subsection (1) does not apply in relation to a contravention or failure which—
occurred before the date on which this section comes into force, and
is not continuing on that date.
Chapter 1 of Part 3 of the Water Industry Act 1991 (water supply) is amended as follows.
In section 37A(3) (water resources management plans: preparation and review), at the end insert—
After that section insert—
In section 37D(1) (water resources management plans: directions), after “37A” insert “ , 37AA ”.
The Water Industry Act 1991 is amended as follows.
In section 37A (water resources management plans: preparation and review)—
in subsection (1), after “prepare” there is inserted “ , publish ”;
in subsection (4), after “preparing” there is inserted “ and publishing ”;
in subsection (6), in the opening words, after “prepare” there is inserted “ and publish ”.
In section 37D (water resources management plans: supplementary), after subsection (3) there is inserted—
In section 39B (drought plans: preparation and review)—
in subsection (1), after “prepare” there is inserted “ , publish ”;
in subsection (6)—
in the opening words, after “prepare” there is inserted “ and publish ”;
in paragraph (c) (long-stop date) for “three years” there is substituted “ five years ”.
After section 39C (drought plans: provision of information) there is inserted—
After section 38 of the Water Industry Act 1991 there is inserted—
Section 38A of that Act (information as to levels of performance of water undertakers) is amended in accordance with subsections (3) to (6).
In subsection (1) (duty of Water Services Regulation Authority to collect information)—
the “and” following paragraph (a) is repealed;
after paragraph (a) there is inserted—;
in paragraph (b), after “water undertakers” there is inserted “ or water supply licensees ”.
After subsection (2) there is inserted—
For subsection (3) (offence of failing to comply with subsection (2)) there is substituted—
In subsection (4) (publication of information collected), after “water undertakers” there is inserted “ or water supply licensees ”.
After section 39 there is inserted—
After section 95 of the Water Industry Act 1991 there is inserted—
Section 95A of that Act (information as to levels of performance of sewerage undertakers) is amended in accordance with subsections (3) to (6).
In subsection (1) (duty of Water Services Regulation Authority to collect information)—
the “and” following paragraph (a) is repealed;
after paragraph (a) there is inserted—;
in paragraph (b), after “sewerage undertakers” there is inserted “ or sewerage licensees ”.
After subsection (2) there is inserted—
For subsection (3) (offence of failing to comply with subsection (2)) there is substituted—
In subsection (4) (publication of information collected), after “sewerage undertakers” there is inserted “ or sewerage licensees ”.
After section 96 there is inserted—
For section 63AC of the Water Industry Act 1991 (interim duty of water undertaker: domestic and non-domestic supply) there is substituted—
The Water Industry Act 1991 is amended as follows.
In section 142 (powers of undertakers to charge), after subsection (6) there is inserted—
In section 195 (the Water Services Regulation Authority's register relating to relevant undertakers and licensees)—
in subsection (3) (power to direct that provisions of an undertaker's appointment etc are not entered in the register), after “any provision” there is inserted “ or, in the case of information that falls to be entered under subsection (3B), any information ”;
in subsection (3), after “that provision” there is inserted “ or that information ”;
after subsection (3A) there is inserted—
Section 195 of the Water Industry Act 1991 (the Water Services Regulation Authority's register relating to undertakers and licensees) is amended as follows.
In subsection (1) (register to be maintained in a certain place, in a certain form and for certain purposes), the words from “for the purposes” to the end are repealed.
After subsection (3C) (inserted by section 33) there is inserted—
In section 195 of the Water Industry Act 1991, for subsections (4) to (6) (inspection of the register and fees for certified copies or extracts) there is substituted—
Section 203 of the Water Industry Act 1991 (power to acquire information for enforcement purposes) is amended as follows.
For subsection (1) there is substituted—
In subsections (2) and (6), for “Secretary of State”, in each place where those words occur, there is substituted “ Minister ”.
In subsection (7), for “or licence” there is substituted “ or a person holding such a licence ”.
After subsection (7) there is inserted—
Appeals relating to codes
The Water Industry Act 1991 is amended as follows.
After section 207 there is inserted—
After Schedule 15 there is inserted the Schedule set out in Schedule 6 to this Act.
Guidance relating to rules about charges
In the Water Industry Act 1991, after section 144ZD there is inserted—
Adjudication functions
Drinking water inspectorate
After section 86 of the Water Industry Act 1991 there is inserted—
In the Public Bodies Act 2011—
Provision of public sewers: premises in Wales
Section 101A of the Water Industry Act 1991 (further duty to provide sewers) is amended as follows.
In subsection (7)—
for “Any dispute” there is substituted “ Subsections (7A) and (7B) apply where there is a dispute ”;
the words following paragraph (c) are repealed.
After subsection (7) there is inserted—
In subsections (8)(a) and (9), for “subsection (7)” there is substituted “ subsection (7A) ”.
In subsections (8), (9), (10) and (11), for “appropriate agency”, in each place those words occur, there is substituted “ appropriate person ”.
In subsection (11), in paragraph (b)—
for “the NRBW” there is substituted “ the Welsh Ministers ”;
at the end there is inserted “, or such person as the Welsh Ministers may from time to time appoint as the appropriate person in relation to such disputes.”
After subsection (11) there is inserted—
The Secretary of State may by regulations (“exit regulations”)—
make provision for a relevant undertaker whose area is wholly or mainly in England to apply to withdraw from the non-household retail market in relation to that area,
make provision about the determination of an application under paragraph (a) (an “exit application”),
make provision for and in connection with the transfer of so much of a relevant undertaker's undertaking as relates to the non-household retail market to an eligible licensee or licensees, and
make provision about the operation of the water industry in relation to an area in respect of which an exit application has been granted (a “retail exit area”).
Provision under subsection (1)(a) may require a company that is a water undertaker and a sewerage undertaker to make an exit application that relates both to its functions as a water undertaker and to its functions as a sewerage undertaker, subject to such exceptions as exit regulations may specify.
Exit regulations may include provision for protecting customers affected by a relevant undertaker's withdrawal from the non-household retail market.
For the purposes of this Chapter—and a reference to the non-household retail market is to be construed accordingly.
a reference to a water undertaker withdrawing from the non-household retail market in relation to an area is a reference to a water undertaker ceasing, in relation to that area, to exercise such functions relating to the supply of water to non-household premises as are specified in exit regulations, and
a reference to a sewerage undertaker withdrawing from the non-household retail market in relation to an area is a reference to a sewerage undertaker ceasing, in relation to that area, to exercise such functions relating to the provision of sewerage services in respect of non-household premises (including trade effluent functions) as are specified in exit regulations;
Exit regulations may—
prohibit a water undertaker from exercising, in relation to a retail exit area, such functions relating to the supply of water to non-household premises as are specified in the regulations;
prohibit a sewerage undertaker from exercising, in relation to a retail exit area, such functions relating to the provision of sewerage services in respect of non-household premises (including trade effluent functions) as are specified in the regulations.
Exit regulations about exit applications must make provision requiring a relevant undertaker to apply to the Secretary of State, and may include—
provision requiring a relevant undertaker to take such steps as the regulations may specify before making an application;
provision as to the form and manner in which an application is to be made and as to the contents of an application;
provision about payment to the Secretary of State of a fee of an amount specified in or determined under the regulations;
provision about the information that is to accompany an application;
provision for the Secretary of State to require a relevant undertaker to provide such further information as the Secretary of State may require in order to make a determination;
provision as to the grounds on which an application may be refused;
provision for the Secretary of State to grant an application subject to conditions.
Provision under subsection (1)(a) may require a relevant undertaker—
to consult—
its non-household customers and its other customers,
the WSRA,
the Chief Inspector of Drinking Water,
the Consumer Council for Water, and
any other person specified in the regulations;
to prepare and publish a report assessing the effect on non-household customers and other customers if the undertaker withdraws from the non-household retail market;
to publish notice of its proposed exit application in such manner as the regulations may specify.
The grounds that may be specified under subsection (1)(f) include—
grounds relating to the public interest or to the interests of a section of the public;
grounds relating to the interests of non-household customers or other customers;
grounds relating to costs associated with a transfer of part of the relevant undertaker's undertaking;
grounds relating to the eligible licensee or licensees to which a transfer of part of the relevant undertaker's undertaking is proposed to be made.
The conditions that may be imposed under subsection (1)(g) include—
conditions as to the persons who are to pay the costs associated with a transfer of a part of the relevant undertaker's undertaking;
conditions as to the application of money received by the relevant undertaker in connection with a transfer of a part of its undertaking;
conditions about the relevant undertaker giving consent to modifications of the undertaker's conditions of appointment;
conditions about an eligible licensee to which a transfer of part of the relevant undertaker's undertaking is proposed to be made giving consent to modifications of the conditions of its water supply licence or sewerage licence;
conditions about the treatment of non-household customers affected by the transfer of part of the relevant undertaker's undertaking.
Exit regulations may make provision about how particular descriptions of customers and premises are affected by a relevant undertaker's withdrawal from the non-household retail market, including in particular any of the following—
premises to which the supply of water has been disconnected,
premises that are to be demolished,
premises that are temporarily unoccupied,
premises in relation to which the owner or occupier has served notice under section 63AA of the Water Industry Act 1991 (supply by water supply licensee: domestic supply),
premises in relation to which the owner or occupier has served notice under section 63AB of the Water Industry Act 1991 (supply by water supply licensee: non-domestic supply), and
premises in relation to which the owner or occupier has served notice under section 110K of the Water Industry Act 1991 (provision by sewerage licensee).
Provision under subsection (5) may include provision about how exit applications deal with particular descriptions of customers and premises.
Exit regulations may make provision about the disclosure by a relevant undertaker of such information as the regulations may specify about—
its non-household customers, and
the charges payable by them (whether payable under a charges scheme under section 143 of the Water Industry Act 1991 or under an agreement).
Exit regulations may specify—
the persons to whom the information may be disclosed;
the purposes for which it may be disclosed.
Exit regulations may—
make provision for a relevant undertaker to specify in its exit application the eligible licensee or licensees to which it proposes to transfer a part of its undertaking;
make provision for the WSRA to direct one or more eligible licensees to accept the transfer of a part of the relevant undertaker's undertaking.
In this Chapter an “eligible licensee” is a company—
that has a water supply licence with a retail authorisation or a sewerage licence with a retail authorisation, or both, and
that has elected to be an eligible licensee for the purposes of this Chapter.
Exit regulations may—
provide for an eligible licensee to be specified in an exit application only if the licensee agrees to be so specified;
provide for the WSRA to give notice before giving a direction under subsection (1)(b);
provide for an eligible licensee to temporarily suspend an election under subsection (2)(b) so that it may not be given a direction under subsection (1)(b).
Exit regulations may make provision about electing to be an eligible licensee, and may in particular—
provide for a company to satisfy such criteria as are set out in a code published by the WSRA before the company may elect to be an eligible licensee;
provide for the WSRA to assess whether a company satisfies those criteria;
provide for the WSRA to publish a code setting out—
the criteria mentioned in paragraph (a), and
how it conducts such assessments;
provide for the WSRA to comply with the code in making such assessments.
Exit regulations may—
allow an eligible licensee, to which a transfer of a part of a relevant undertaker's undertaking is proposed to be made, to be a company associated with the undertaker,
require the eligible licensee to which such a transfer is made to be such a company, or
prohibit such a transfer being made to such a company.
For the purposes of this section, a relevant undertaker is associated with an eligible licensee if one of them is a subsidiary of the other or both are subsidiaries of the same body corporate.
Exit regulations about the transfer of a part of a relevant undertaker's undertaking may include provision for the making of a scheme to transfer property, rights and liabilities where an exit application has been granted.
Exit regulations about the transfer of a part of a relevant undertaker's undertaking may include provision about arrangements under Chapter 1 of Part 5 of the Water Industry Act 1991 for fixing, demanding and recovering charges.
Provision under subsection (2) may include—
provision for and in connection with treating such arrangements as if they were agreements between the undertaker and the person liable to pay such charges;
provision about the terms and conditions of such agreements.
Exit regulations may make provision for a scheme under subsection (1) to contain—
provision identifying the property, rights and liabilities to be transferred (which may include property, rights and liabilities that would not otherwise be capable of being transferred);
provision for the division of property, rights and liabilities, including—
provision creating an interest in or right over property;
provision creating new rights and liabilities;
incidental provision as to the property, rights and liabilities of other persons;
provision about the consideration to be provided (and about the enforcement of such provision).
Subsection (4) is not exhaustive of what a scheme may contain.
Exit regulations about the operation of the water industry in relation to a retail exit area may include such provision as is described in the following subsections.
Exit regulations may make provision for and in connection with requiring a relevant undertaker to impose on an eligible licensee only such charges under a section 66D agreement or a section 117E agreement as would enable the licensee to fulfil its obligations under agreements (including deemed agreements) transferred to the licensee from the undertaker under the regulations.
Exit regulations may make provision for and in connection with requiring a water supply or sewerage licensee, where the licensee is providing services under the licensee's licence in relation to a retail exit area, to provide such services under that licence in relation to that area as the regulations may specify.
Exit regulations may make provision for and in connection with such arrangements between a water supply or sewerage licensee and a relevant undertaker as would enable the licensee to comply with requirements imposed on it under subsection (3).
Exit regulations may make provision as to the functions of a relevant undertaker in relation to a retail exit area and may, in particular, modify or disapply a duty imposed on a relevant undertaker by—
section 63AC(2) (interim duty to supply water), or
section 110L(2) (interim duty to provide sewerage services).
is a company,
is providing services under its licence in relation to a retail exit area, and
satisfies such criteria as may be specified by the regulations (which may include criteria as to market share),
Exit regulations may include provision—
requiring relevant undertakers, water supply licensees and sewerage licensees to provide such information as the regulations may specify to customers;
requiring relevant undertakers, water supply licensees and sewerage licensees to provide such information as the regulations may specify to the WSRA or the Secretary of State;
requiring the WSRA to record such information as the regulations may specify in the register it maintains under section 195 of the Water Industry Act 1991.
Provision under subsection (7)(b) may in particular specify information about customers and the arrangements under which they receive services.
Exit regulations may make provision for water supply licensees and sewerage licensees, that are providing or proposing to provide services under their water supply or sewerage licences in relation to a retail exit area, to make, and from time to time revise, a scheme containing the terms and conditions which, in the absence of agreed terms and conditions, are to apply to such services.
Provision under subsection (1) may include—
provision for a scheme to make different provision for different purposes, or different areas;
provision about the publication of a scheme or revised scheme;
provision about sending a copy of a scheme or revised scheme to the WSRA;
provision enabling the WSRA to direct that terms or conditions be modified generally or in a particular case;
provision requiring a licensee to comply with a direction under paragraph (d), including provision for enforcing such a duty under section 18 of the Water Industry Act 1991.
Provision under subsection (1) may also include—
provision requiring the WSRA to issue a code about providing services to which a scheme under subsection (1) relates;
provision for the code to include, in particular, provision about—
the terms and conditions contained in such schemes;
licensees informing owners or occupiers of premises about their schemes before agreeing any terms and conditions for the provision of services;
provision for the WSRA, if it considers that a licensee is not acting as required by such provision as is described in paragraph (b), to give the licensee a direction to do, or not to do, a particular thing specified in the direction;
provision requiring a licensee to comply with a direction under paragraph (c), including provision for enforcing such a duty under section 18 of the Water Industry Act 1991;
provision requiring the WSRA from time to time to review the code and, if appropriate, to issue a revised code.
Exit regulations may make provision for the WSRA to issue and enforce—
rules about charges for services that may be imposed by water supply or sewerage licensees in relation to a retail exit area;
if exit regulations make provision for licensees to make schemes about such charges, rules about such schemes.
Provision under subsection (4) may include—
provision for the rules to make different provision for different cases;
provision for the WSRA to direct a licensee to comply with the rules;
provision for such directions to be enforceable by the WSRA under section 18;
provision for the Secretary of State to issue guidance as to the content of the rules;
provision for the Secretary of State to prevent rules being issued.
Exit regulations may make provision about the provision relating to exit applications that may be included in a relevant undertaker's conditions of appointment.
Exit regulations may in particular prohibit the inclusion of provision requiring a relevant undertaker to make an exit application.
Exit regulations may make provision for requiring the WSRA or the CMA to obtain the consent of the Secretary of State—
before exercising a function so as to require a relevant undertaker to make an exit application, or
before exercising a function in a way that is likely to result in a relevant undertaker making an exit application.
Exit regulations may provide for the WSRA to modify the conditions of appointment of a relevant undertaker where it considers it necessary or expedient to do so in consequence of the transfer of part of the relevant undertaker's undertaking under the regulations.
Exit regulations may provide for the WSRA to modify the conditions of a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 where it considers it necessary or expedient to do so in consequence of the transfer to the holder of that licence of part of a relevant undertaker's undertaking under the regulations.
Exit regulations may provide for the WSRA, where it modifies conditions under subsection (1) or (2), to make such incidental or consequential modifications of other conditions of the appointment or, as the case may be, other conditions of the licence as it considers necessary or expedient.
Provision made by exit regulations as regards the modification of conditions under this section may include—
provision for the Secretary of State to give consent to a modification proposed by the WSRA;
provision as to the period during which a modification may be made.
Provision under subsection (4)(b) may not allow a modification to be made after the end of the period of one year beginning with the day on which the transfer in question takes place.
Exit regulations may make provision for the Secretary of State to publish, from time to time, a statement setting out general directions for the WSRA and the CMA as regards the carrying out of their relevant functions in circumstances where the WSRA or the CMA, in carrying out those functions, might be able—
to require or bring about an exit application, or
to have an effect as regards the making of an exit application.
Exit regulations may require the WSRA and the CMA to carry out their relevant functions in accordance with any statement published under the regulations.
Exit regulations may make provision about formulating a statement to be published under the regulations, and may in particular—
require the Secretary of State to have regard to—
the duties of the WSRA mentioned in section 2(1)(b) of the Water Industry Act 1991,
the duties of the CMA under the Competition Act 1998 or the Enterprise Act 2002, and
the protection of the interests of consumers (within the meaning of section 2 of the Water Industry Act 1991), and
enable the Secretary of State to have regard to such other matters as the Secretary of State thinks fit.
Exit regulations may make provision for the Secretary of State, before publishing a statement under the regulations, to consult—
the WSRA,
the CMA,
the Consumer Council for Water,
relevant undertakers,
water supply licensees and sewerage licensees,
the Welsh Ministers, and
anyone else the Secretary of State thinks appropriate.
Exit regulations may—
require the Secretary of State to lay a draft of a statement before Parliament before publishing it;
require the Secretary of State to wait for a period specified in or determined under the regulations after laying the draft statement under paragraph (a);
prohibit the Secretary of State from publishing it if, within that period, either House of Parliament resolves not to approve it.
In this section “relevant function” means—
in relation to the WSRA, a function mentioned in section 2(1)(b) of the Water Industry Act 1991;
in relation to the CMA, a function of the CMA under the Competition Act 1998 or the Enterprise Act 2002.
Exit regulations may make such provision as the Secretary of State considers appropriate—
for modifying a person's duties and powers, and
for imposing new duties and conferring new powers on a person.
The persons in relation to whom provision under subsection (1) may be made include—
the Secretary of State;
the Chief Inspector of Drinking Water;
the Welsh Ministers;
the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) of the Water Industry Act 1991 applies;
the WSRA;
the CMA;
the Environment Agency;
the NRBW;
the Consumer Council for Water;
relevant undertakers;
water supply licensees and sewerage licensees.
Exit regulations may—
apply enactments, with or without such modifications as the Secretary of State thinks fit;
amend, repeal or revoke enactments.
The provision that may be made by exit regulations includes provision conferring power to make subordinate legislation.
Exit regulations may—
contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
make different provision for different cases, including different provision in relation to different persons, circumstances or areas.
In this section “enactment”—
includes an Act or Measure of the National Assembly for Wales;
includes an enactment contained in this Act, other than this Chapter.
In this Chapter—“the CMA” means the Competition and Markets Authority;“eligible licensee” has the meaning given by section 44;“exit application” means an application under section 42(1)(a);“the NRBW” means the Natural Resources Body for Wales;“non-household customer” means a person who is the customer as regards a service provided in respect of non-household premises;“non-household premises” means premises other than household premises as defined in section 17C of the Water Industry Act 1991;“retail exit area” has the meaning given by section 42;“the WSRA” means the Water Services Regulation Authority.
Except in so far as the context otherwise requires, terms used in this Chapter have the same meaning as in the Water Industry Act 1991.
Before making exit regulations, the Secretary of State is to consult—
the Welsh Ministers;
the WSRA;
the CMA;
the Consumer Council for Water;
relevant undertakers whose areas are wholly or mainly in England;
water supply licensees and sewerage licensees;
persons whom the Secretary of State considers to represent the interests of investors in the water industry.
The power to make exit regulations is to be exercised by statutory instrument.
A statutory instrument containing exit regulations made by the Secretary of State may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
The Water Services Regulation Authority may modify the conditions of—so as to include conditions relating to the provision of a consumer redress scheme.
a pre-commencement appointment of a water or sewerage undertaker, or
a pre-commencement water supply licence,
In subsection (1)—
“pre-commencement appointment of a water or sewerage undertaker” means an appointment of a company under Chapter 1 of Part 2 of the Water Industry Act 1991 to be a water or sewerage undertaker which is made before the day on which this section comes into force, and
“pre-commencement water supply licence” means a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 granted before that day.
In this section, “consumer redress scheme” means a scheme or other arrangements for unresolved complaints to be investigated and determined by an independent person.
The conditions that may under subsection (1) be included in an appointment or licence include in particular conditions requiring the company holding the appointment or the person holding the licence—
to secure the provision of a consumer redress scheme, or
to secure the provision of a consumer redress scheme which is of a description specified in the conditions or which meets requirements so specified.
Where under subsection (1) the Authority modifies conditions of an appointment or licence, it may make such incidental or consequential modifications of other conditions of the appointment or, as the case may be, other conditions of the licence as it considers necessary or expedient.
The power of the Authority under subsection (1) to modify the conditions of an appointment or licence may not be exercised after the end of the period of two years beginning with the day on which this section comes into force.
Before making a modification under this section the Authority must consult—
the company holding the appointment or the person holding the licence;
the Secretary of State;
the Welsh Ministers;
the Consumer Council for Water;
such other persons as the Authority thinks it appropriate to consult.
The Minister may direct the Authority not to make a modification that it proposes to make under this section; and the Authority must comply with such a direction.
In subsection (8) “the Minister” means—
the Secretary of State, in relation to—
a water or sewerage undertaker whose area is wholly or mainly in England;
a person who holds a licence under Chapter 1A of Part 2 of the Water Industry Act 1991;
the Welsh Ministers, in relation to a water or sewerage undertaker whose area is wholly or mainly in Wales.
The Water Services Regulation Authority may modify the conditions of appointment of a company appointed under Chapter 1 of Part 2 of the Water Industry Act 1991 to be a water or sewerage undertaker where it considers it necessary or expedient to do so in consequence of provision made by or under this Part.
The Authority may modify the conditions of a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 where it considers it necessary or expedient to do so in consequence of provision made by or under this Part.
Where the Authority modifies—it may make such incidental or consequential modifications of other conditions of the appointment or, as the case may be, other conditions of the licence as it considers necessary or expedient.
conditions of appointment under subsection (1), or
conditions of a licence under subsection (2),
Before making a modification under this section, the Authority must consult—
the company holding the appointment or, as the case may be, the person holding the licence;
the Secretary of State;
the Welsh Ministers;
such other persons as the Authority thinks it appropriate to consult.
The power of the Authority to modify—may not be exercised after the end of the period of two years beginning with the day on which the provision in question comes into force.
the conditions of a company's appointment under subsection (1), or
the conditions of a person's licence under subsection (2),
References in subsections (1) to (5) to provision made by or under this Part are to be treated, where particular provision made by or under this Part comes into force on a particular day for a particular purpose, as references to so much of such provision as comes into force on a particular day.
The Minister may give directions to the Authority for the purpose of securing that—
the conditions of appointment of a water or sewerage undertaker are modified under this section;
the conditions of a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 are modified under this section.
The Minister may direct the Authority not to make a modification that it proposes to make under this section.
The Authority must comply with a direction under subsection (8) or (9).
In this section “the Minister” means—
the Secretary of State, in relation to—
a water or sewerage undertaker whose area is wholly or mainly in England;
a person who holds a licence under Chapter 1A of Part 2 of the Water Industry Act 1991;
the Welsh Ministers, in relation to a water or sewerage undertaker whose area is wholly or mainly in Wales.
Schedule 7 (which contains further amendments) has effect.
Water resources
The Secretary of State must prepare a report setting out progress made in reforming the arrangements for managing water abstraction in England.
The Secretary of State must lay before Parliament a copy of the report.
The report must be prepared and laid before the end of the period of five years beginning with the day on which this Act is passed.
The Water Resources Act 1991 is amended as follows.
In section 61 (compensation where licence modified on direction of the Secretary of State or Welsh Ministers), in subsection (1), after “Where a licence” there is inserted “ held by a person other than a water undertaker or sewerage undertaker ”.
Section 61A (recovery of compensation from new licence-holder) is repealed.
The Water Resources Act 1991 is amended as follows.
For sections 193 and 194 (maintenance, inspection and amendment of main river maps for areas in England and Wales) there is substituted—
In section 113 (interpretation of Part 4), in subsection (1), in the definition of “main river”, for “a main river map” there is substituted “ the main river map for England or the main river map for Wales ”.
In section 221 (interpretation of the Act), in subsection (1)—
for the definition of “main river map” there is substituted—;
in the definition of “watercourse”, for “and 113(1)” there is substituted “ 113(1), 193(6) and 194(6) ”.
Section 195 of the Water Resources Act 1991 (duty of appropriate agency to keep records of location of waterworks) is repealed.
In Schedule 23 to that Act (mineral rights), in paragraph 7(2) (structures and underground works which comprise appropriate agency's undertaking), for paragraph (b) there is substituted—
Environmental regulation
The Minister may by regulations make provision for any of the purposes listed in Part 1 of Schedule 8; and Part 2 of that Schedule has effect for supplementing Part 1.
Except as provided in Schedule 8, any provision so made is to be provision for or in connection with—
regulating the use of water resources,
securing the drainage of land or the management of flood risk, or
safeguarding the movement of fish through regulated waters.
In making regulations under this section, the Minister is to have regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under this section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.
Regulations under this section may—
contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Minister considers appropriate, and
make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
Before making any regulations under this section, the Minister is to consult—
the Environment Agency;
the Natural Resources Body for Wales;
such bodies or persons appearing to the Minister to be representative of the interests of local government, industry, agriculture and small businesses respectively as the Minister may consider appropriate;
such other bodies or persons as the Minister may consider appropriate.
It is immaterial for the purposes of subsection (5) whether consultation is carried out before or after the coming into force of this section.
The Secretary of State's power to make regulations under this section is subject to the consent of the Scottish Ministers so far as the regulations apply as mentioned in subsection (11)(b),
In this section and Schedule 8 a reference to the use of water resources—
includes a reference to taking, diverting or impounding water from any inland waters, or taking water contained in underground strata, and applying it to any purpose, and
includes a reference to wasting water whether by action or omission, but
does not include a reference to the use, by a person other than a water undertaker, of water drawn from a water mains or pipe forming part of a system used by a water undertaker in carrying out a duty under section 37 of the Water Industry Act 1991.
In this section and Schedule 8—“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; an enactment contained in, or an instrument made under, an Act of the Scottish Parliament; an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;“fish” means freshwater fish and migratory fish;“flood” has the meaning given in section 1 of the Flood and Water Management Act 2010;“flood risk” has the meaning given in section 2 of that Act;“freshwater fish” means any fish habitually living in fresh water;“inland waters” has the meaning given by section 221(1) of the Water Resources Act 1991;“migratory fish” means fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;“the Minister” means—the Secretary of State, in relation to England and in relation to so much of the River Esk and its banks and tributary streams as is mentioned in subsection (11)(b), and the Welsh Ministers, in relation to Wales;“regulated waters” means—inland waters in England and Wales, the waters of so much of the River Esk and its tributary streams up to their source as is mentioned in subsection (11)(b), and waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured;“Wales” has the meaning given in section 158(1) of the Government of Wales Act 2006.
The reference in subsection (8)(a) to water contained in underground strata is to be read in accordance with section 221(3) of the Water Resources Act 1991, as if this section formed part of that Act.
Regulations made in reliance on subsection (2)(c)—
are not to apply in relation to the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), but
may apply in relation to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland.
Regulations under this section may make provision applying in relation to (and to places above and below) the territorial waters adjacent to any part of England and Wales.
The power to make regulations under section 61 is to be exercised by statutory instrument.
A statutory instrument containing regulations made by the Secretary of State under section 61 is subject to annulment in pursuance of a resolution of either House of Parliament, subject as follows.
A statutory instrument containing regulations made by the Welsh Ministers under section 61 is subject to annulment in pursuance of a resolution of the National Assembly for Wales, subject as follows.
A statutory instrument containing any of the following regulations (whether alone or with other regulations) is subject to the affirmative resolution procedure—
the first regulations to be made by the Secretary of State under section 61;
the first regulations to be made by the Welsh Ministers under section 61;
regulations under section 61 which create an offence or increase a penalty for an existing offence;
regulations under section 61 which amend or repeal any provision of an Act, or an Act or Measure of the National Assembly for Wales.
A statutory instrument containing regulations made by the Secretary of State under both section 61 above and section 2 of the Pollution Prevention and Control Act 1999 is subject to the affirmative resolution procedure if an instrument containing only—would be subject to the affirmative resolution procedure.
the regulations made by the Secretary of State under section 61 above, or
the regulations made by the Secretary of State under section 2 of the Pollution Prevention and Control Act 1999,
A statutory instrument containing regulations made by the Welsh Ministers under both section 61 above and section 2 of the Pollution Prevention and Control Act 1999 is subject to the affirmative resolution procedure if an instrument containing only—would be subject to the affirmative resolution procedure.
the regulations made by the Welsh Ministers under section 61 above, or
the regulations made by the Welsh Ministers under section 2 of the Pollution Prevention and Control Act 1999,
A statutory instrument containing regulations made by the Secretary of State that is subject to the affirmative resolution procedure may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations made by the Welsh Ministers that is subject to the affirmative resolution procedure may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
Subsections (11) and (12) apply in relation to a statutory instrument containing both—
regulations under section 61 made or to be made by the Secretary of State, and
regulations under section 61 made or to be made by the Welsh Ministers.
Subsections (11) and (12) also apply in relation to a statutory instrument containing—
regulations under section 61 made or to be made by the Secretary of State,
regulations under section 61 made or to be made by the Welsh Ministers, and
regulations made under section 2 of the Pollution Prevention and Control Act 1999 (whether by the Secretary of State or the Welsh Ministers or both).
If in accordance with subsection (2) or (3) (negative resolution procedure)—nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or
the National Assembly for Wales resolves that an instrument containing regulations made by the Welsh Ministers be annulled,
If the statutory instrument contains any regulations which, on their own, would make the instrument subject to the affirmative resolution procedure, the instrument is subject to that procedure.
In section 2 of the Pollution Prevention and Control Act 1999, after subsection (9) there is inserted—
The following provisions of the Public Health Act 1936 are repealed—
section 262 (power of local authority to require culverting of watercourses and ditches where building operations in prospect);
section 263 (watercourses in urban districts not to be culverted except in accordance with approved plans).
Flood insurance
The Flood Reinsurance Scheme
For the purposes of this Part, the Flood Reinsurance Scheme is a scheme which—
is established for the purpose mentioned in subsection (2), and
is designated for the purposes of this Part by regulations made by the Secretary of State.
The purpose referred to in subsection (1)(a) is the purpose of providing reinsurance to relevant insurers in respect of such risks arising from a flood as are identified by the scheme, in such a way as to—
promote the availability and affordability of flood insurance for household premises while minimising the costs of doing so, and
manage, over the period of operation of the scheme, the transition to risk-reflective pricing of flood insurance for household premises.
The Secretary of State may by regulations make provision as to levels of reinsurance premiums payable by relevant insurers under the FR Scheme, and may make different provision for different purposes.
Regulations under subsection (3) may, in particular, make different provision for different purposes by reference to the value of the household premises insured.
In this section “flood insurance” means insurance in respect of risks arising from a flood.
In this Part, the Flood Reinsurance Scheme is called “the FR Scheme”.
The FR Scheme is to be administered by a body designated by regulations made by the Secretary of State.
The Secretary of State may under subsection (1) designate a company registered under the Companies Act 2006 or a body of another kind.
In this Part, the body designated under subsection (1) is called “the FR Scheme administrator”.
The Secretary of State may, with the consent of the Treasury, make regulations requiring relevant insurers to pay to the FR Scheme administrator—
a levy, the amount and timing of which is to be determined in accordance with the regulations;
such further amounts, by way of levy or contribution, as may be requested by the FR Scheme administrator from time to time in accordance with the FR Scheme.
Regulations under subsection (1) may make provision as to—
the circumstances in which a request under subsection (1)(b) may be made;
the amounts that may be requested under subsection (1)(b).
The Secretary of State may by regulations make provision for amounts payable under subsection (1) to be recoverable summarily (or in Scotland recoverable) as a civil debt.
The Secretary of State may by regulations make provision as to the application of any amounts paid under subsection (1).
The Secretary of State may by regulations provide that, where such conditions as are specified in the regulations as regards the reserves of the FR Scheme are satisfied, the FR Scheme administrator must pay to the Secretary of State an amount of the reserves to be determined in accordance with the regulations.
Regulations under subsection (5) may—
define “reserves”;
make provision about determining the amount of the reserves of the FR Scheme.
Before making regulations under subsection (5), the Secretary of State must obtain the consent of the FR Scheme administrator, which is not to be unreasonably withheld.
The Secretary of State may by regulations make provision in connection with the administration of the FR Scheme.
Regulations under subsection (1) may require the FR Scheme administrator to have regard to the following in discharging its functions—
the need to ensure economy, efficiency and effectiveness in the discharge of those functions,
the need to act in the public interest,
the need to ensure propriety and regularity in the operation of the FR Scheme, and
the need to manage, over the period of operation of the FR Scheme, the transition to risk-reflective pricing of flood insurance for household premises.
Regulations under subsection (1) may require the FR Scheme administrator to produce and publish, in accordance with the regulations, a plan for achieving the transition mentioned in subsection (2)(d).
Regulations under subsection (1) may require the FR Scheme administrator to provide the following information to relevant insurers who have issued insurance policies that are reinsured under the FR Scheme, so that those insurers may supply the information to holders of those policies—
information about how to find out about the levels of flood risk to which an area in which household premises are situated is subject and how any flood risk may be managed;
information about the FR Scheme, including information about the effect of section 64(2)(b) (transition to risk-reflective pricing of flood insurance for household premises).
Regulations under subsection (1) may—
limit, to any extent, the power of the FR Scheme administrator to borrow money or otherwise incur debt;
make provision about the reserves of the FR Scheme, including limitations on draw downs and transfers;
require the FR Scheme administrator to take steps to limit the overall net losses that may be incurred by the FR Scheme in any year to an amount specified in or determined in accordance with the regulations;
provide for the form and contents of the FR Scheme's accounts;
provide for a copy of the audited FR Scheme's accounts and a copy of the auditor's report on those accounts to be laid before Parliament;
provide for the Comptroller and Auditor General to examine—and for a report on any such examination to be laid before Parliament;
the economy, efficiency and effectiveness with which the FR Scheme administrator has used resources in discharging its functions, and
the propriety and regularity in the operation of the FR Scheme,
provide that for the purposes of an examination under paragraph (f)—
the Comptroller and Auditor General is to have a right of access at all reasonable times to any of the documents relating to the FR Scheme, and
a person who holds or has control of any of those documents is to give the Comptroller and Auditor General any assistance, information or explanation which the Comptroller and Auditor General requires in relation to any of those documents.
Regulations under subsection (1) may—
require the FR Scheme administrator to designate an individual of a description specified in the regulations as the responsible officer of the FR Scheme;
provide for the responsible officer to have such responsibilities in respect of—as are specified in the regulations.
the FR Scheme's finances,
the FR Scheme's accounts,
accountability to Parliament for the economy, efficiency and effectiveness with which the FR Scheme uses resources in discharging its functions,
accountability to Parliament for propriety and regularity in the operation of the FR Scheme, and
examinations and reports under subsection (5)(f),
Regulations under subsection (1) may make provision about the disclosure of information required for the purposes of the FR Scheme and may, in particular, require relevant insurers to supply to the FR Scheme administrator such information as it may request in relation to insurance policies issued by them.
Regulations under subsection (1) may provide for the supply by the FR Scheme administrator of information held by it in connection with the FR Scheme to—
the Environment Agency,
the Scottish Environment Protection Agency,
the Natural Resources Body for Wales,
the Department of Agriculture and Rural Development in Northern Ireland, or
such other body as may be specified in the regulations.
Regulations under subsection (1) may provide for the supply by the FR Scheme administrator of information held by it in connection with the FR Scheme to the Secretary of State for purposes relating to government accounting.
Subsections (2) to (9) are not exhaustive of what may be done under subsection (1).
In this section—“flood insurance” has the meaning given in section 64;“the FR Scheme's accounts” means the accounts for a financial year of the FR Scheme prepared by the FR Scheme administrator in respect of the FR Scheme.
Where regulations under section 64 replace the FR Scheme by revoking a designation and making a new designation, the regulations may make such provision as the Secretary of State thinks fit in connection with the replacement of the old FR scheme with the new FR scheme.
Where regulations under section 65 replace the FR Scheme administrator by revoking a designation and making a new designation, the regulations may make provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred, and including pension liabilities in respect of staff) relating to the FR Scheme from the old administrator to the new administrator.
The Commissioners for Her Majesty's Revenue and Customs may disclose relevant HMRC council tax information to any person who requires that information for either of the following descriptions of purposes—
purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);
purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).
A person to whom information is disclosed under subsection (1)(a) or (b)—
may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;
may not further disclose the information except with the consent of the Commissioners.
In this section—“HMRC council tax information” means information which is held for council tax purposes by the Valuation Office of Her Majesty's Revenue and Customs;“relevant HMRC council tax information” means HMRC council tax information relating to premises which are household premises and consisting of any of the following—the address (including the postcode) of the premises; the council tax valuation band in which the premises fall; information about when the premises were constructed; the National Address Gazetteer unique property reference number for the premises; the unique address reference number allocated to the premises by the Valuation Office of Her Majesty's Revenue and Customs.
The Secretary of State may by regulations amend the definition of “relevant HMRC council tax information” in subsection (3).
If the Secretary of State by regulations under subsection (4) amends the definition of “relevant HMRC council tax information” to add further descriptions of information, those regulations may include the provision described in subsection (6).
The regulations may provide that if a person discloses, in contravention of subsection (2)(b), information which is relevant HMRC council tax information by virtue of the regulations and which relates to a person whose identity—section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure, in contravention of section 20(9) of that Act, of revenue and customs information relating to a person whose identity is specified in the disclosure or can be deduced from it.
is specified in the disclosure, or
can be deduced from it,
The Secretary of State must consult the Commissioners for Her Majesty's Revenue and Customs before making regulations under subsection (4).
Flood insurance obligations
The Secretary of State may by regulations require a relevant insurer to issue in a prescribed period insurance policies that provide cover against a prescribed description of risk for a prescribed number of registered premises.
The regulations may prescribe different numbers of registered premises for different descriptions of risk.
The descriptions of risks that may be prescribed are those arising from a flood.
The regulations may provide for a prescribed number relating to a relevant insurer to be determined by reference to factors that include in particular—
a target number (see section 71);
the relevant insurer's share of insurance business of a prescribed description.
The regulations may—
make provision about determining the size of a relevant insurer's share of insurance business of a prescribed description;
provide for a relevant insurer to be exempt from the obligation described in subsection (1) in prescribed circumstances, whether wholly or so far as regards a particular description of risk, including circumstances relating to the amount of insurance business done by the relevant insurer;
make provision about the circumstances in which a relevant insurer ceases to be subject to the obligation described in subsection (1), whether wholly or so far as regards a particular description of risk;
make provision about the cases in which issuing an insurance policy is not to count towards discharging an obligation imposed on a relevant insurer by the regulations, including cases in which an insurance policy is not to count because of the content of its terms;
make provision for allowing an insurance policy issued by another insurer to count towards the discharge of an obligation to issue a number of insurance policies imposed on a relevant insurer by the regulations;
make provision about determining the number of registered premises for which a relevant insurer has issued insurance policies, including provision for varying, by reference to the risk band applicable to the particular registered premises, the extent to which insuring those premises counts in determining that number.
Provision under subsection (5)(a) may require an insurer, in determining the insurer's share of insurance business of a prescribed description, to use information about that insurance business held by—
the Secretary of State,
a person acting on behalf of the Secretary of State, or
the FCA.
Subsection (5)(e) is not to be taken as requiring a change in the person who is the insurer in relation to an insurance policy.
Regulations under this section may include provision in respect of cases where an insurer has not provided such information as is required by regulations under section 72 including—
provision for determining whether the insurer is a relevant insurer,
provision for determining whether an exemption applies, and
provision for determining what share of insurance business of a prescribed description the insurer is to be treated as having.
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
In this section “prescribed” means specified in or determined in accordance with regulations under this section.
The Secretary of State may, from time to time, by regulations prescribe a number to be a target number for the purposes of regulations under section 70.
A target number is the number of registered premises to be covered against a prescribed description of risk by insurance policies issued in a prescribed period by those relevant insurers upon whom obligations are imposed by regulations under section 70.
The regulations may prescribe different target numbers for different descriptions of risk.
The regulations may in particular provide for a target number to be expressed as a percentage of the number of registered premises.
The regulations may, at any one time, prescribe target numbers for two or more consecutive prescribed periods.
In this section “prescribed” means specified in or determined in accordance with regulations under this section.
The Secretary of State may by regulations make provision about—by insurers for the purposes of regulations under section 70.
the provision of information, and
the production of documents,
The regulations may in particular require an insurer to provide information of a prescribed description or produce documents of a prescribed description for the purpose of showing, in relation to a prescribed period—
whether or not an insurer is a relevant insurer;
whether or not an exemption applies (see section 70(5)(b)).
The regulations may in particular require an insurer to provide information or produce documents about—
the insurance policies issued by it in a prescribed period that provide cover against prescribed descriptions of risk;
the value of the insurance policies so issued;
insurance policies so issued that do not remain in force to the end of the period of cover;
the value of such insurance policies.
The regulations may provide for information to be provided or documents to be produced to the Secretary of State or a person acting on behalf of the Secretary of State.
The regulations may make provision—
about the time within which information must be provided or documents produced;
about the form in which information is to be provided;
about the place where documents are to be produced;
requiring information to be verified in a prescribed manner;
requiring documents to be authenticated in a prescribed manner.
The regulations may make provision about—
the persons to whom, and the purposes for which, information supplied by an insurer may be disclosed;
the publication of information by the Secretary of State about the amount of insurance business of a prescribed description done by insurers, taken together.
In this section “prescribed” means specified in or determined in accordance with regulations under this section.
The Secretary of State may by regulations make provision for and in connection with enforcing compliance with obligations imposed by regulations under section 72.
The regulations may in particular include—
provision about the sanctions, including civil penalties, that may be imposed by the Secretary of State or a person acting on behalf of the Secretary of State for non-compliance with the obligations;
provision about the procedure to be followed when imposing a sanction;
provision about the recovery of costs incurred in connection with imposing a sanction up to the time of its imposition;
provision enabling an appeal to the First-tier Tribunal against the imposition of a sanction or a requirement to pay costs.
Provision under subsection (2)(a) may in particular include—
provision for civil penalties of a fixed amount;
provision for further amounts to be payable by way of civil penalty where an insurer continues to fail to comply with the obligation in question;
provision about how a civil penalty or an amount of costs may be recovered.
Provision under subsection (2)(d) may include provision as to the grounds on which an appeal may be made.
The Secretary of State may by regulations provide for the creation and maintenance of a register of household premises in the United Kingdom that are subject to greater flood risk for the purposes of regulations under section 70.
The regulations may provide for the levels of flood risk to which premises are subject to be divided into two or more bands (“risk bands”), and may prescribe the upper and lower limits of each band.
The regulations may provide for the register to specify the level of flood risk to which particular household premises are subject by specifying the risk band applicable to the premises.
The regulations may provide for premises of a description specified in the regulations to be excluded from the register, and the premises excluded may include in particular premises where construction is completed on or after a date specified in the regulations.
The regulations may—
specify the information to be contained in the register;
make provision about access to the information contained in the register;
provide for the publication of the register in whole or in part;
provide for the disclosure of information contained in the register;
provide for notification if premises are entered in, or omitted from, the register.
Regulations made under subsection (5)(d) may provide for—
the persons to whom information or any description of information contained in the register may be disclosed;
the imposition of conditions on persons to whom information contained in the register is disclosed, including conditions limiting further disclosure;
penalties for non-compliance with conditions imposed under paragraph (b).
The regulations may require applications for premises to be entered in the register to be made by or on behalf of a person who has the qualifying interest in the premises.
The regulations may provide for premises to be omitted from the register at the request of a person who has the qualifying interest in the premises.
Before making regulations under this section the Secretary of State must consult—
the Welsh Ministers;
the Scottish Ministers;
the Department of Agriculture and Rural Development in Northern Ireland.
Regulations under section 74 may provide for a relevant body to carry out functions in connection with—
the creation and maintenance of the register;
giving access to information contained in the register;
publication of the register;
disclosure of information contained in the register;
notification when premises are entered in, or omitted from, the register.
The following are relevant bodies for the purposes of this Part—
the Environment Agency;
the Scottish Environment Protection Agency, in relation to Scotland;
the Natural Resources Body for Wales, in relation to Wales;
the Department of Agriculture and Rural Development in Northern Ireland, in relation to Northern Ireland.
The regulations may provide for the Environment Agency—
to coordinate the carrying out of functions conferred or imposed under subsection (1);
to promote consistency in the carrying out of those functions.
The regulations may—
require the relevant bodies to cooperate with each other as regards the functions conferred or imposed on any of them under subsection (1);
require the relevant bodies (other than the Environment Agency) to cooperate with the Environment Agency as regards the carrying out of functions conferred or imposed on the Environment Agency under subsection (3).
Regulations under section 74 may provide for the Commissioners for Her Majesty's Revenue and Customs, or a person authorised by them, to disclose information held for council tax purposes by the Valuation Office to—for use in identifying premises to be excluded from the register by reference to the date of completion of construction (see section 74(4)).
the Environment Agency, or
the Natural Resources Body for Wales,
The regulations may include provision restricting the use or further disclosure of information disclosed under subsection (5).
Regulations under section 74 may make provision for a person with the qualifying interest in particular premises—
to request a review of a decision by a relevant body that the premises are not eligible to be entered in the register;
to appeal against a decision by a relevant body that the premises are not eligible to be entered in the register to—
the sheriff, in relation to Scotland,
the Water Appeals Commission for Northern Ireland, in relation to Northern Ireland, or
the First-tier Tribunal, in any other case.
For “relevant body”, see section 75(2).
The Secretary of State may, with the consent of the Treasury, by regulations provide for a levy to be payable to the Secretary of State by insurers of a description specified in the regulations.
The regulations may—
specify the rate of the levy or the method by which it is to be calculated;
make provision as to the times when, and the manner in which, payments are to be made in respect of the levy.
The regulations may in particular make provision for determining the amount of the levy by reference to the qualifying expenses of the relevant bodies and the Secretary of State.
The regulations may make provision for amounts payable by way of levy under the regulations to be recoverable summarily (or in Scotland recoverable) as a civil debt.
Before making regulations under this section the Secretary of State must consult—
the Welsh Ministers;
the Scottish Ministers;
the Department of Agriculture and Rural Development in Northern Ireland.
In this section “qualifying expenses” means—
in relation to a relevant body, such proportion of the expenses of the relevant body as the Secretary of State considers reasonable having regard to the functions exercisable by that body under regulations under section 74;
in relation to the Secretary of State, the expenses of the Secretary of State attributable to the exercise of functions conferred by or under this section.
For “relevant body”, see section 75(2).
The Secretary of State may by regulations make provision about reporting compliance with obligations imposed by regulations under section 70.
The regulations may require a relevant insurer to make a report—
stating the extent to which it has complied with obligations imposed on it by regulations under section 70 in relation to a prescribed period;
providing prescribed details about the basis on which it considers that it has complied with those obligations to that extent.
The regulations may provide for reports to be given to the FCA.
In this section “prescribed” means specified in or determined in accordance with regulations under this section.
The Treasury may by regulations provide for the FCA to take action for monitoring and enforcing compliance with—
such description of those obligations as may be specified in the regulations.
The regulations may provide for the FCA to take action for enforcing compliance with—
such of the obligations imposed on insurers by regulations under section 72 as may be specified in the regulations;
such description of those obligations as may be specified in the regulations.
Regulations under subsection (2) may only provide for the FCA to take action as regards cases where—
the failure to comply, if proved, would consist in or involve providing information that is not true or producing a document that is not correct, or
measures available under section 73 have been taken without securing compliance.
The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 or the Financial Services Act 2012, with or without modification.
The provisions of the Financial Services and Markets Act 2000 and the Financial Services Act 2012 referred to in subsection (4) include in particular—
provisions about gathering information and investigating, including provisions as to powers of entry and search;
provisions as to criminal offences and disciplinary measures;
provisions for the grant of an injunction in relation to a contravention or anticipated contravention;
provisions giving the Treasury or the FCA powers to make subordinate legislation;
provisions for the FCA to charge fees;
provisions restricting liability in damages in relation to the discharge of functions of the FCA.
The regulations may make provision enabling the FCA, to such extent as the regulations may prescribe, to make arrangements for the performance of functions on its behalf.
The Treasury may by regulations provide for the FCA to prepare reports on its discharge of the functions conferred on it under section 79.
The regulations may—
make provision about the contents of the reports;
make provision about the timing of the reports;
provide for copies of the report to be given to the Secretary of State and such other persons as the regulations may specify;
provide for publication of the reports.
The Treasury may by regulations confer on a regulator the power to disapply or modify, in relation to a relevant insurer, an obligation imposed by regulations under—
section 70 (flood insurance obligations),
section 72 (information), or
section 78 (compliance reports).
In this section “the intervention power” means the power conferred by regulations under subsection (1).
The regulations may specify which obligations, or which descriptions of obligations, a regulator may disapply or modify under the intervention power.
The regulations may specify what modifications, or what descriptions of modifications, may be made by a regulator under the intervention power.
The regulations may specify the circumstances in which, and the conditions subject to which, a regulator may exercise the intervention power.
Provision under subsection (5) may in particular provide for a regulator to exercise the intervention power in relation to a relevant insurer—
where the relevant insurer is failing, or is likely to fail, to satisfy the threshold conditions for which the regulator is responsible,
in connection with advancing—
if the regulator is the FCA, one or more of the FCA's operational objectives, or
if the regulator is the PRA, one or more of the PRA's objectives,
in conjunction with the exercise by the regulator, in respect of the relevant insurer, of a power that is conferred on the regulator by or under an enactment and is specified in the regulations, or
at the request of, or for the purpose of assisting, an overseas regulator of a kind specified in the regulations.
The regulations may—
make provision about the procedure to be followed when exercising the intervention power, including provision about consulting such persons as may be specified in the regulations about a proposed exercise of the power;
make provision requiring a regulator to give a relevant insurer notice in writing specifying how the intervention power has been exercised in relation to that relevant insurer;
make provision about when an exercise of the intervention power takes effect;
make provision about the period for which a provision of regulations may be disapplied or modified under the intervention power, including—
provision enabling a regulator to specify the period for which a provision of regulations is disapplied or modified;
provision for disapplying or modifying a provision of regulations until a regulator provides for it to apply again or to apply again without modification;
make provision requiring a regulator—
to send copies of a notice under paragraph (b) to the Secretary of State and such other persons as may be specified in the regulations;
to notify such persons as may be specified in the regulations of the exercise of the intervention power;
make provision requiring a regulator to publish such details about the exercise of the intervention power as may be specified in the regulations;
make provision requiring a regulator to keep under review each case in which a provision of regulations is disapplied or modified;
make provision about the matters to which a regulator is to have regard in exercising its functions under the regulations.
Provision under subsection (7)(e) or (f) may allow for the omission of information publication of which would in the opinion of the regulator be against the public interest.
The intervention power may be exercised in respect of an obligation imposed by regulations under section 70(1) only so as to disapply the obligation (and not so as to modify it).
The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 or the Financial Services Act 2012, with or without modification.
The provisions of the Financial Services and Markets Act 2000 or the Financial Services Act 2012 referred to in subsection (10) include in particular—
provisions about gathering information and investigating, including provisions as to powers of entry and search;
provisions as to criminal offences and disciplinary measures;
provisions for the grant of an injunction in relation to a contravention or anticipated contravention;
provisions giving the Treasury, the FCA or the PRA powers to make subordinate legislation;
provisions for the FCA or the PRA to charge fees;
provisions restricting liability in damages in relation to the discharge of functions of the FCA or the PRA.
In this section “regulator” means the FCA or the PRA.
For—“objective of the PRA”, see section 2F of the Financial Services and Markets Act 2000;“operational objective of the FCA”, see section 1B(3) of that Act;“overseas regulator”, see section 55Q of that Act;“threshold condition”, see section 55B of that Act.
General
In this Part “insurer” means—
a person who—
is authorised for the purposes of the Financial Services and Markets Act 2000 (see section 31 of that Act), and
has permission to carry on the activities specified in Article 10 of the Financial Services and Markets (Regulated Activities) Order 2001 (S.I. 2001/544), or
a member of the Society (within the meaning of the Lloyd's Act 1982).
The Secretary of State may by regulations amend the definition of “insurer” in subsection (1).
The Secretary of State may by regulations define “relevant insurer” for the purposes of this Part.
Before making regulations under subsection (3) as to the meaning of “relevant insurer”, the Secretary of State must consult such persons as the Secretary of State thinks appropriate.
Regulations under subsection (5) or (6) as to the meaning of “flood” may specify descriptions of water that are, or are not, to be taken into account.
The Secretary of State may by order amend subsection (1) so as to bring forward the day on which—
The Secretary of State may by order make provision in connection with—including provision amending or repealing an enactment.
the repeal of—
Provision made in an order by virtue of subsection (3) may, in particular, include—
such provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred, and including pension liabilities in respect of staff) relating to the FR Scheme as the Secretary of State thinks fit;
provision about legal proceedings relating to anything done in connection with the FR Scheme;
provision about the accounts of the FR Scheme;
provision about information held by the FR Scheme administrator.
Before making an order under subsection (3)(a)(i) or (b) which includes provision for the transfer of an amount of the reserves of the FR Scheme, the Secretary of State must consult the FR Scheme administrator about the amount to be transferred.
The Secretary of State may by regulations define “reserves” for the purposes of subsection (5).
A power to make regulations or an order under this Part is exercisable by statutory instrument.
Subsection (1) does not apply in relation to an order under section 83(3) if the only provision made by the order is provision for, or in connection with, the transfer of property, rights and liabilities.
A power to make regulations or an order under this Part includes power to make different provision for different purposes and different areas.
A power to make regulations or an order under this Part includes power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
Subject to subsection (6), a statutory instrument containing regulations or an order made under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing—may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
regulations under section 64 (the Flood Reinsurance Scheme),
regulations under section 65 (scheme administrator),
regulations under section 66 (scheme funding),
regulations under section 67 (scheme administration),
regulations under section 69 (disclosure of HMRC council tax information),
regulations under section 70 (flood insurance obligations),
the first regulations to be made under section 71 (target number),
the first regulations to be made under section 74 (register of premises subject to greater flood risk),
regulations under section 77 (expenses of relevant bodies),
regulations under section 78 (compliance reports),
regulations under section 79 (functions of FCA),
regulations under section 81 (intervention by FCA or PRA),
regulations under section 82 (interpretation), or
an order under section 83 (period of operation),
If a draft of an instrument containing an order under section 83(3) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
Miscellaneous
Schedule 3 to the Land Drainage Act 1991 (procedure for certain orders) is amended as follows.
In paragraph 4 (publication of order after it is made and availability of special parliamentary procedure), after sub-paragraph (1) there is inserted—
In paragraph 5 (orders subject to special parliamentary procedure)—
in sub-paragraph (1), for “this Schedule” there is substituted “ paragraph 4 ”;
after sub-paragraph (3) there is inserted—
The Land Drainage Act 1991 is amended as follows.
In section 65 (land drainage regulations), at the beginning of subsection (2) there is inserted “Subject to section 66A(4),”.
In section 66 (powers of internal drainage boards and local authorities to make byelaws), after subsection (5) (procedure) there is inserted—
After section 66 there is inserted—
Schedule 9 (amendments of the Land Drainage Act 1991 to remove certain restrictions on the way in which documents have to be published) has effect.
In Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage), in paragraph 12 (non-performance bonds), in sub-paragraph (4)(c)—
after “sums received” there is inserted “ from a person ”;
for “the developer” there is substituted “ that person ”.
Schedule 10 (amendments relating to Regional Flood and Coastal Committees) has effect.
General and final
The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.
The power conferred by subsection (1) includes power—
to make transitional, transitory or saving provision;
to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (whenever passed or made).
A statutory instrument containing (whether alone or with other provision) an order under this section which amends or repeals any provision of an Act of Parliament, or of an Act or Measure of the National Assembly for Wales, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing any other order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
Subsection (1) does not apply if or to the extent that subsection (3) or (4) applies.
If a provision of this Act is brought into force to any extent by the Welsh Ministers acting alone under section 94(3), the Welsh Ministers may by order made by statutory instrument make such transitional, transitory or saving provision as the Welsh Ministers consider appropriate in connection with the coming into force of so much of that provision as is so brought into force.
If a provision of this Act is brought into force to any extent by the Secretary of State and the Welsh Ministers acting jointly under section 94(3), the Secretary of State and the Welsh Ministers may, acting jointly, by order made by statutory instrument make such transitional, transitory or saving provision as they, together, consider appropriate in connection with the coming into force of so much of that provision as is so brought into force.
Schedule 11 (further provision about orders under this section) has effect.
There shall be paid out of money provided by Parliament—
expenditure incurred under or by virtue of this Act by the Secretary of State;
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales only, subject as follows.
Part 4 and this Part extend to England and Wales, Scotland and Northern Ireland.
An amendment or repeal made by this Act has the same extent as the enactment to which it relates.
The following provisions of this Act come into force on the day on which it is passed—
section 90;
this section and Schedule 12;
section 95.
The following provisions of this Act come into force at the end of the period of two months beginning with the day on which it is passed—
section 3;
section 13;
section 15;
section 21;
section 22, so far as relating to water or sewerage undertakers whose areas are wholly or mainly in England;
section 25(3);
section 33;
section 57;
section 58;
section 60;
section 63;
section 88;
The remaining provisions of this Act come into force on such day as the appropriate authority may by order appoint.
The power of the Secretary of State or the Welsh Ministers to make an order under subsection (3) is to be exercisable by statutory instrument.
Different days may be appointed for different purposes.
Except as stated in the table in Schedule 12, the appropriate authority for the purposes of subsection (3) is the Secretary of State.
This Act may be cited as the Water Act 2014.
Water supply licences: authorisations
Water undertakers' duties as regards water supply licensees
After section 66C (substituted by paragraph 1) there is inserted—
For section 66D of the Water Industry Act 1991 (determinations and agreements) there is substituted—
After section 66D of the Water Industry Act 1991 (as substituted by paragraph 3) there is inserted—
For section 66E of that Act there is substituted—
Section 66F (section 66D: supplementary) is repealed.
Section 66G (designation of strategic supply) is amended as follows.
In subsection (1), for “an agreement under section 66D above” there is substituted “ a section 66D agreement ”.
In subsection (4)(d), for “the agreement under section 66D above” there is substituted “ the section 66D agreement ”.
In subsection (10)—
for “section 66A” there is substituted “ section 66AA ”;
for “customers of the licensed water supplier in question” there is substituted “ relevant customers of a water supply licensee ”.
After subsection (10) there is inserted—
Section 66H (designation of collective strategic supply) is amended as follows.
In subsection (1)(b), for “agreements under section 66D above” there is substituted “ section 66D agreements ”.
In subsection (4)(d), for “the agreements under section 66D above” there is substituted “ the section 66D agreements ”.
In subsection (10)—
for “section 66A” there is substituted “ section 66AA ”;
for “customers of the licensed water supplier in question” there is substituted “ relevant customers of a water supply licensee ”.
After subsection (10) there is inserted—
Section 66I (prohibition on unauthorised use of supply system) is amended as follows.
In subsection (1), for “of a customer” there is substituted.
In subsection (2)(b)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “its licence” there is substituted “ the licensee's licence ”.
After subsection (8), there is inserted—
In subsection (9), for “section 17B(5) above” there is substituted “ section 17B ”.
Sewerage licences: authorisations
Sewerage undertakers' duties as regards sewerage licensees
After Chapter 2 of Part 4 of the Water Industry Act 1991 there is inserted—
Extension of licensing provisions in relation to Wales
The Water Industry Act 1991 is amended as follows.
in subsection (2C)—
after paragraph (d) there is inserted “and”;
paragraph (f) and the “and” preceding it are repealed;
subsection (2D) is repealed.
Section 17A (water supply licences) (as substituted by section 1) is amended as follows.
In subsection (2)—
the words from “one or more” to “combination of authorisations” are repealed;
after paragraph (b) there is inserted;
paragraphs (c) and (d) are repealed.
In subsection (3), the words “(including their operation in England and Wales)” are repealed.
Section 17AA (water supply licences: restrictions on grants) (as substituted by section 1) is amended as follows.
In subsection (1), after paragraph (b) there is inserted—.
Subsection (2) is repealed.
In subsection (5), paragraphs (b) and (c) are repealed.
In section 17B (guidance and interpretation) (as amended by section 2)—
in subsection (4A), the words “, in the case of an undertaker whose area is wholly or mainly in England,” are repealed;
subsections (5) to (8) are repealed.
Section 17BA (sewerage licences) (inserted by section 4) is amended as follows.
In subsection (1), the words “whose area is wholly or mainly in England” are repealed.
After subsection (5) there is inserted—
In section 17BB (sewerage licences: restrictions on grants) (inserted by section 4), in subsection (1), after “of State” there is inserted “ , the Welsh Ministers ”.
In section 17C (meaning of household premises) (as amended by Schedule 7), in subsection (1), for “paragraphs 4 and 7(a)” there is substituted “ paragraph 4 ”.
Section 17D (the threshold requirement) is repealed (if not previously repealed by an order under section 3).
In section 17DA (guidance) (inserted by Schedule 7), paragraph (a) is repealed.
In section 17E (determinations by the Authority) (as amended by Schedule 7), in subsection (2)—
in paragraph (a), the words “or 7(a) or (b)” are repealed;
paragraph (c) is repealed.
Section 17FA (arrangements with the Water Industry Commission for Scotland) (inserted by section 6) is amended as follows.
In subsection (1)(a), the words “or a restricted retail authorisation or both” are repealed.
In subsection (2)(a), the words “or particular authorisations” are repealed.
In section 17G (water supply licence conditions) (as amended by Schedule 7), in subsection (4)(a)(iii), the words “so far as subsection (3) applies to water supply licences,” are repealed.
Section 17H (standard conditions of water supply licences) (as amended by Schedule 7) is amended as follows.
Subsection (1A) is repealed.
In subsection (2), for the words from “the different” to the end there is substituted “ whether the conditions are to relate to a retail authorisation or a wholesale authorisation or both types of authorisation. ”
In subsection (3)—
for “giving a particular authorisation or a particular combination of authorisations” there is substituted “ giving a retail authorisation or a wholesale authorisation or both authorisations ”;
for “that particular combination of authorisations” there is substituted “ those authorisations ”.
In subsection (4), for “any particular authorisation or combination of authorisations” there is substituted “ one or other or both authorisations ”.
In subsection (8)(b)(i), the words from “if the” to “supplementary authorisation,” are repealed.
In subsection (9), the words from “in a case” to “subsection (8)(b)(i)” are repealed.
Section 17HA (standard conditions of sewerage licences) (inserted by Schedule 7) is amended as follows.
In subsection (9)(b), after sub-paragraph (i) there is inserted—
In subsection (10), after “of State” there is inserted “ (after consulting the Welsh Ministers) ”.
In section 17I (modifications of water supply licences by agreement) (as amended by Schedule 7)—
in subsection (4)(b)(iv), the words from the beginning to “supply licence,” are repealed;
in subsection (5A), the words “in relation to a water supply licence” are repealed.
Section 17J (modification of standard conditions of water supply licences) (as amended by Schedule 7) is amended as follows.
In subsection (4)(b)(iv), the words from the beginning to “licence,” are repealed.
In subsection (5A), the words “in relation to a water supply licence” are repealed.
In subsection (10), the words “in relation to the standard conditions of water supply licences” are repealed.
In section 17K (water supply licences: modification references to Competition Commission) (as amended by Schedule 7), in subsection (5)(b)(iv), the words from the beginning to “licences,” are repealed.
Section 17N (water supply licences: reports on modification references) (as amended by Schedule 7) is amended as follows.
In subsection (10)(a)(iv), the words from the beginning to “licence,” are repealed.
In subsection (11)(a)(ii), the words from the beginning to “licences,” are repealed.
In subsection (12), the words “, if the report relates to water supply licences,” are repealed.
In section 17O (modification of licences following report) (as amended by Schedule 7), in subsection (5)(c)(iii), the words from the beginning to “or licences,” are repealed.
In section 17P (water supply licences: Commission's power of veto following report) (as amended by Schedule 7), in subsection (7)(b)(v), the words from the beginning to “licences,” are repealed.
In section 27C (the interests of consumers) (as amended by Schedule 7)—
in subsection (1)—
after paragraph (d) there is inserted “and”;
paragraph (f) and the “and” preceding it are repealed;
subsection (2) is repealed.
Section 38ZA (standards of performance in connection with the supply of water: water supply licensees) (inserted by section 29) is amended as follows.
In subsection (1), the words “or restricted retail authorisations” are repealed.
In subsection (6), for the definition of “the Minister” there is substituted—.
after paragraph (a) there is inserted “and”;
paragraph (c) and the “and” preceding it are repealed.
In section 63AC(4) (as substituted by section 31), the words “ or a restricted retail authorisation ” are repealed.
Section 66A (use of water undertaker's supply system) (inserted by Schedule 2) is amended as follows.
Subsection (2) is repealed.
In subsection (5)—
in paragraph (a), the words “in the case of a request under subsection (1),” are repealed;
paragraph (b) is repealed.
In subsection (7)(a), the words “or (2)” are repealed.
In subsection (9)(c), the words “or a restricted retail authorisation” are repealed.
Section 66AA (water supply from water undertaker) (inserted by Schedule 2) is amended as follows.
Subsection (2) is repealed.
In subsection (3)(a), the words “or, as the case may be, subsection (2)” are repealed.
In subsection (5)—
in paragraph (a), the words “or, as the case may be, R” are repealed;
in paragraph (b), the words “or, as the case may be, R” are repealed.
In subsection (7)(a), the words “or (2)” are repealed.
Section 66B (introduction of water into water undertaker's supply system) (inserted by Schedule 2) is amended as follows.
Subsections (2) and (3) are repealed.
In subsection (4)—
in paragraph (a), the words “in a case falling within subsection (1),” are repealed;
paragraphs (b) and (c) are repealed;
in paragraph (d), for “steps under paragraphs (a), (b) or (c) (as the case may be)” there is substituted “ such steps ”.
In subsection (6)(a), the words “, (2) or (3)” are repealed.
Subsections (7) and (8) are repealed.
In subsection (9), the words “or (b)(i) or (ii)” are repealed.
Subsection (10)(b) is repealed.
Section 66C (introduction of water provided by secondary undertaker) (inserted by Schedule 2) is amended as follows.
In subsection (1), the words from “A request under paragraph (a)” to the end are repealed.
Subsections (2) to (4) are repealed.
In subsection (5), the words “by virtue of subsection (1), (2) or (4)” are repealed.
In subsection (6)(a), the words “, L2, L3 or R” are repealed.
In subsection (7), the words “, L2 or R” are repealed.
In subsection (9)(a), the words “, (2), (3) or (4)” are repealed.
In subsection (11), the words “, (2), (3) or (4)” are repealed.
In section 66E (rules about charges) (inserted by Schedule 2), in subsection (3), the words “or restricted retail authorisation” are repealed.
In section 66EA (rules about charges: provision about reduction in charges) (inserted by Schedule 2), in subsection (1)(a), the words “or a restricted retail authorisation” are repealed.
In section 66G (designation of strategic supply) (as amended by Schedule 2), in subsection (11), paragraph (b) and the “or” preceding it are repealed.
In section 66H (designation of collective strategic supply) (as amended by Schedule 2), in subsection (11), paragraph (b) and the “or” preceding it are repealed.
In subsection (1A)—
in paragraph (a), the words “or restricted retail authorisation” are repealed;
in paragraph (b), the words “or restricted retail authorisation” are repealed.
In subsection (6), the words “or a restricted retail authorisation” are repealed.
Section 95ZA (standards of performance in connection with provision of sewerage services: sewerage licensees) (inserted by section 30) is amended as follows.
In the following places—for “Secretary of State” there is substituted “ Minister ”.
the opening words of subsection (1),
subsection (1)(b)(i), and
subsection (2),
In subsection (2), for “Secretary of State's” there is substituted “Minister's”.
After subsection (5) there is inserted—
In section 96ZA (procedure for regulations under section 95ZA) (inserted by section 30), for subsection (2) there is substituted—
Section 117G (codes under section 117F: procedure) (inserted by Schedule 4) is amended as follows.
In subsection (2), after paragraph (a) there is inserted—.
For subsection (4) there is substituted—
In subsection (6), after paragraph (a) there is inserted—.
The power to give a direction under section 117G(4) of the Water Industry Act 1991 (as substituted by this paragraph) may not be exercised by the Secretary of State if, before the coming into force of this paragraph—
the Secretary of State omitted to exercise that power to give a direction.
Section 117K (rules under section 117I: procedure) (inserted by Schedule 4) is amended as follows.
In subsection (2), after paragraph (a) there is inserted—.
For subsection (5) there is substituted—
In subsection (7), after paragraph (a) there is inserted—.
Section 117L (rules under section 117I: minor or urgent revisions) (inserted by Schedule 4) is amended as follows.
In subsections (3), (4) and (5)(b), for “the Secretary of State” there is substituted “ the Minister ”.
After subsection (8) there is inserted—
Section 117M (rules under section 117I: guidance) (inserted by Schedule 4) is amended as follows.
In subsection (3), for the words from “are such” to the end there is substituted
In subsection (7), for “means the Secretary of State.” there is substituted
Section 117N (designation of strategic sewerage provision) (inserted by Schedule 4) is amended as follows.
In subsection (4), after paragraph (a) there is inserted—.
In subsection (8), after paragraph (a) there is inserted—.
In subsection (11), after paragraph (a) there is inserted—.
Section 117O (designation of collective strategic sewerage provision) (inserted by Schedule 4) is amended as follows.
In subsection (4), after paragraph (a) there is inserted—.
In subsection (8), after paragraph (a) there is inserted—.
In section 117P (prohibition on unauthorised use of sewerage system) (inserted by Schedule 4), in subsection (1), the words “whose area is wholly or mainly in England” are repealed.
In section 117Q (prohibition on unauthorised removal of matter from sewerage system) (inserted by Schedule 4), in subsection (1), the words “whose area is wholly or mainly in England” are repealed.
In section 117S (section 117R: supplementary) (inserted by Schedule 4), at the end there is inserted—
In section 158 (powers to lay pipes in streets), in subsection (7)(a), the following words are repealed—
“or (b)(i)”;
“or laid in pursuance of section 66B(4)(b)(ii)”.
In section 195(3AA) (the Authority's register: consultation as regards water supply licensees) (as amended by Schedule 7), after “water supply licensee” there is inserted “ or a sewerage licensee ”.
In section 207D (exercise of adjudication functions by other persons) (inserted by section 39), in subsection (5), in paragraph (b) of the definition of “the Minister”—
the “or” following sub-paragraph (i) is repealed;
after sub-paragraph (ii) there is inserted.
Schedule 2A (water supply licences: authorisations) (inserted by Schedule 1) is amended as follows.
Paragraphs 1 and 2 are repealed.
Paragraphs 6 to 8 are repealed.
In paragraph 9, for “requirements in paragraphs 4 and 7 are” there is substituted “ requirement in paragraph 4 is ”.
In paragraph 10, for “paragraphs 4 and 7” there is substituted “ paragraph 4 ”.
Procedure on appeals under section 207A of the Water Industry Act 1991
Further amendments
Water Act 1989 (c. 15)
Section 174 of the Water Act 1989 (general restrictions on disclosure of information) is amended as follows.
In subsection (2)(b)—
for “company” there is substituted “ person ”;
for “on it” there is substituted “ on the undertaker or, as the case may be, the person ”.
In subsection (6)(a)—
for “company” there is substituted “ person ”;
for “its licence” there is substituted “ the person's licence ”.
Water Industry Act 1991 (c. 56)
The Water Industry Act 1991 is amended as follows.
Section 2 (general duties with respect to water industry) is amended as follows.
In subsection (1), for the words from “the following” to the end there is substituted “ the powers and duties conferred or imposed on the Secretary of State or the Authority by virtue of any of the relevant provisions. ”
In subsection (2A)(d), for “of a licensed water supplier” there is substituted “ of a water supply licensee or sewerage licensee ”.
In subsection (2C)—
the “and” after paragraph (d) is repealed;
in paragraph (e), for the words from “not eligible” to the end there is substituted “ household premises (as defined in section 17C) ”;
after paragraph (e) there is inserted.
In subsection (2D), for the words from “not eligible” to “the total quantity” there is substituted “ below the consumption threshold if the total quantity ”.
In subsection (2DB) (inserted by section 22), in paragraph (b) (meaning of sewerage systems), for the words from “a reference to the system comprising” to the end there is substituted “ to be construed in accordance with section 17BA(7). ”
In subsection (5A), in the definition of “the interests of consumers”—
in paragraph (a), for “licensed water suppliers” there is substituted “ water supply licensees ”;
in paragraph (b), for “by sewerage undertakers” there is substituted “ either by sewerage undertakers or by sewerage licensees acting in their capacity as such ”.
In subsection (6)—
in paragraph (a), for the words from “the provisions of” to “water suppliers” there is substituted “ the relevant provisions ”;
in paragraph (a), for the words from “contained in” to the end, there is substituted;
paragraphs (b) and (c) are repealed.
In section 2A (strategic priorities and objectives: England) (inserted by section 24), in subsection (4)(d), for “licensed water suppliers” there is substituted “ water supply licensees and sewerage licensees ”.
In section 2B (strategic priorities and objectives: Wales) (inserted by section 24), in subsection (4)(d), for “licensed water suppliers” there is substituted “ water supply licensees ”.
In section 6 (appointment of relevant undertakers), in subsection (5A), for “a licensed water supplier” there is substituted “ a water supply licensee or sewerage licensee ”.
Section 10 (transitional provision with respect to replacement appointments) is amended as follows.
In subsection (2), for “and (4)” there is substituted “ to (4) ”.
After subsection (3) there is inserted—
In section 12 (determinations under conditions of appointment)—
in subsection (3B) (application of certain provisions to references to competition authority under section 12) for “sections 16A and 16B” there is substituted “ sections 14A and 14B ”;
in subsection (3D), for “16B” there is substituted “ 14B ”.
For the heading of Chapter 1A of Part 2 there is substituted— “ Water supply licences and sewerage licences ”.
Section 17B (provision supplementary to section 17A) is amended as follows.
For the title there is substituted “ Meaning of supply system ”.
Subsections (1) to (4) (provision as to guidance on extent of premises) are repealed.
Subsection (9) (references to a licensed water supplier) is repealed.
In section 17C (meaning of “household premises”), in subsection (1), for “section 17A(3)(a) above” there is substituted “ paragraphs 4 and 7(a) of Schedule 2A and paragraph 2 of Schedule 2B ”.
Section 17D (the threshold requirement) is amended as follows.
In subsection (1) (purpose of section 17D)—
for “section 17A(3)(b) above” there is substituted “ paragraph 7(b) of Schedule 2A ”;
after “the supply of water to any premises” there is inserted “ in accordance with a restricted retail authorisation ”.
In subsection (2) (description of the requirement), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (3) (guidance on making estimate)—
after “guidance issued” there is inserted “ from time to time ”;
for “the Secretary of State” there is substituted “ the Welsh Ministers ”.
Subsection (5) (duty of Secretary of State to consult the National Assembly for Wales before issuing guidance) is repealed.
Subsection (6) (application of guidance provision to threshold requirement) is repealed.
In subsection (7) (regulations as to entering into an undertaking to supply water)—
for “The Secretary of State” there is substituted “ The Welsh Ministers ”;
for “licensed water supplier” there is substituted “ water supply licensee ”;
the words “(subject to subsection (12) below)” are repealed.
In subsection (8) (regulations to alter the threshold)—
for “The Secretary of State” there is substituted “ The Welsh Ministers ”;
the words “(subject to subsection (12) below)” are repealed.
In subsection (10) (procedure), for “each House of Parliament” there is substituted “ the Assembly ”.
In subsection (11) (consultation before making regulations)—
for “the Secretary of State”, in the first place where those words occur, there is substituted “ the Welsh Ministers ”;
for “the Secretary of State thinks” there is substituted “ the Welsh Ministers think ”.
Subsections (12) and (13) (exercise of powers by Welsh Ministers) are repealed.
After section 17D there is inserted—
Section 17E (determinations by the Authority) is amended as follows.
For subsection (1) there is substituted—
In subsection (2)—
in paragraph (a), for “section 17A(3) above” there is substituted “ paragraph 4 or 7(a) or (b) of Schedule 2A ”;
after paragraph (a) there is inserted—;
in paragraph (b), after “to be supplied” there is inserted “ or served ”.
Section 17F (procedure for granting water supply licences) is amended as follows.
In the title, after “water supply” there is inserted “ and sewerage ”.
In subsection (4)—
the words “the Secretary of State or” are repealed;
the words “he or”, in each place they occur, are repealed.
In subsection (7)—
the words “the Secretary of State or” are repealed;
for paragraph (g) there is substituted—;
paragraph (h) is repealed;
in paragraph (i), the words “if the licence or variation is granted by the Authority,” are repealed.
In subsection (8), the words “by the Secretary of State or” are repealed.
Section 17G (water supply licence conditions) is amended as follows.
For the title there is substituted “ Licence conditions ”.
In subsection (1) (conditions to be included)—
for “A water supply licence” there is substituted “ A licence under this Chapter ”;
in paragraph (a), the words “the Secretary of State or, as the case may be,” are repealed;
in paragraph (a), the words “him or” are repealed;
in paragraph (b), for “the Secretary of State” there is substituted “ the Authority ”;
in paragraph (b), for “water supply licence” there is substituted “ licence under this Chapter ”.
After subsection (2) there is inserted—
In subsection (3) (directions and determinations), for “water supply licence” there is substituted “ licence under this Chapter ”.
In subsection (4) (persons who may give directions etc), in paragraph (a)(iii), at the beginning there is inserted “so far as subsection (3) applies to water supply licences,”.
In subsection (5) (duration and modification of conditions), for “water supply licence” there is substituted “ licence under this Chapter ”.
In subsection (7) (payments received by Secretary of State paid into the Consolidated Fund), for “the Secretary of State” there is substituted “ the Authority ”.
Section 17H (standard conditions of water supply licences) is amended as follows.
For subsections (1) to (3) there is substituted—
In subsection (4) (general provision about standard conditions), for “of either description” there is substituted “ giving any particular authorisation or combination of authorisations ”.
In subsection (6) (power to exclude or modify standard conditions in a particular case)—
the words “the Secretary of State or” are repealed;
the words “he or” are repealed.
In subsection (7) (steps before exercising power in subsection (6))—
the words “the Secretary of State or” are repealed;
in paragraph (a), the words “he or” are repealed;
in paragraph (b), the words “he or” are repealed.
In subsection (8) (publication of notice of intention to modify standard conditions)—
in paragraph (a), the words “the Secretary of State or (as the case may be)” are repealed;
for paragraph (b)(i) there is substituted—;
paragraph (b)(iii) is repealed;
in paragraph (b)(iv), the words “if the notice is published by the Authority,” are repealed;
after paragraph (b)(iv) there is inserted—
In subsection (9) (direction not to exclude or modify a standard condition), for “the Assembly” there is substituted “ the Welsh Ministers in a case where notice was served on them under subsection (8)(b)(i) ”.
In subsection (10) (power under subsection (6) not to be exercised in certain circumstances)—
the words “Secretary of State or the” are repealed;
the words “he or” are repealed.
After section 17H there is inserted—
Section 17I (modification of licences by agreement) is amended as follows.
For the title there is substituted “ Modification of licences by agreement ”.
In subsection (1) (power of Authority to modify licence), for the words from “conditions of” to the end there is substituted
In subsection (2)(b) (modification not to cause undue disadvantage)—
in sub-paragraph (i), after “water supply licences” there is inserted “ or, as the case may be, sewerage licences ”;
in sub-paragraph (ii), after “a water supply licence” there is inserted “ or, as the case may be, a sewerage licence ”.
In subsection (4)(b) (persons to be served with notice of proposed modifications), in sub-paragraph (iv), at the beginning there is inserted “if the notice relates to a water supply licence,”.
In subsection (5) (direction not to modify a condition), the words “(after consulting the Assembly)” are repealed.
After subsection (5) there is inserted—
Section 17J (general modification of standard conditions) is amended as follows.
For the title there is substituted “ Modification of standard conditions ”.
In subsection (1) (power of Authority to modify standard conditions), for the words from “may modify” to the end there is substituted
After subsection (1) there is inserted—
In subsection (2) (power to make incidental and consequential modifications)—
for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;
for “any licence of that description” there is substituted “ any licence so affected ”.
In subsection (4)(b) (persons to be served with notice of proposed modifications), in sub-paragraph (iv), at the beginning there is inserted “if the notice relates to a water supply licence,”.
In subsection (5) (direction not to modify a standard condition), the words “(after consulting the Assembly)” are repealed.
After subsection (5) there is inserted—
In subsection (6) (modification conditional on views of relevant licence holders), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”.
In subsection (8) (preconditions for modification of standard condition), in paragraph (c), after “a water supply licence” there is inserted “ or, as the case may be, a sewerage licence ”.
In subsection (10) (consultation with Welsh Ministers), after “subsection (6) above” there is inserted “ in relation to the standard conditions of water supply licences ”.
In subsection (12) (changed standard conditions to be used in new licences)—
for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;
in paragraph (a), for “licences of that description” there is substituted “ water supply licences or, as the case may be, sewerage licences ”;
after paragraph (b) there is inserted—
In subsection (13) (meaning of “relevant licence holder”), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences or of such of those licences as grant a particular authorisation or combination of authorisations ”.
Section 17K (references to competition authority in relation to the modification of licences) is amended as follows.
For the title there is substituted “ Modification references to competition authority ”.
In subsection (1) (reference of a particular licence), in paragraph (a)(i), for “a particular licence” there is substituted “ a particular water supply or sewerage licence ”.
In subsection (2) (general matters that may be referred), in paragraph (a)(i), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations ”.
In subsection (5)(b) (persons to be served with copy of reference or variation), in sub-paragraph (iv), at the beginning there is inserted “in a case relating to a water supply licence or licences,”.
Section 17N (reports on modification references) is amended as follows.
For the title there is substituted “ Reports on modification references ”.
In subsection (10)(a) (persons to be served with report relating to a particular licence), in sub-paragraph (iv), at the beginning there is inserted “if the report relates to a water supply licence,”.
In subsection (11)(a) (persons to be served with report relating to a standard condition), in sub-paragraph (ii), at the beginning there is inserted “if the report relates to water supply licences,”.
In subsection (12) (meaning of “relevant time”), in paragraph (a), after “Secretary of State and” there is inserted “ , if the report relates to water supply licences, ”.
Section 17O (modification of licences following report) is amended as follows.
For the title there is substituted “ Modification of licences following report ”.
In subsection (2) (power to make incidental and consequential modifications), for “the standard conditions of retail licences or combined licences” there is substituted.
In subsection (5)(c)(iii), at the beginning there is inserted “in a case relating to a water supply licence or licences,”.
In subsection (10) (changed standard conditions to be used in new licences)—
for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;
in paragraph (a), for “licences of that description” there is substituted “ water supply licences or, as the case may be, sewerage licences ”;
after paragraph (b) there is inserted—
Section 17P (competition authority's power of veto following report) is amended as follows.
For the title there is substituted “ Power of veto following report ”.
In subsection (7)(b) (persons to be served with notice of modifications proposed), in sub-paragraph (v), at the beginning there is inserted “if the reference relates to water supply licences,”.
In subsection (10) (power to make incidental and consequential modifications), for “the standard conditions of retail licences or combined licences” there is substituted.
In subsection (11) (changed standard conditions to be used in new licences)—
for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;
in paragraph (a), for “licences of that description” there is substituted “ water supply licences or, as the case may be, sewerage licences ”;
after paragraph (b) there is inserted—
Section 17R (modification of licences by order under other enactments) is amended as follows.
For the title there is substituted “ Modification by order under other enactments ”.
In subsection (1) (power for the competition authorities and the Secretary of State to modify standard conditions in order to give effect to orders under the Enterprise Act 2002), for paragraphs (a) and (b) there is substituted—.
In subsection (2) (identification of orders under the Enterprise Act 2002)—
in paragraph (a)(i), for “a retail licence or combined licence” there is substituted “ a water supply licence or sewerage licence ”;
in paragraph (a)(ii), for “a retail licence or combined licence” there is substituted “ a water supply licence or sewerage licence ”;
in paragraph (b), for “a retail licence or combined licence” there is substituted “ a water supply licence or sewerage licence ”.
In subsection (4) (changed standard conditions to be included in new licences and power to make incidental and consequential modifications of existing licences)—
for “subsection (1)(b)” there is substituted “ subsection (1)(b) or (c) ”;
for “the standard conditions of retail licences or combined licences” there is substituted “ the standard conditions of water supply licences or sewerage licences or of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations ”.
In subsection (5) (publication of modifications), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”.
Section 18 (orders for securing compliance with certain provisions) is amended as follows.
In subsection (1)—
after “Part or” there is inserted “ any person holding ”;
in paragraph (a), after “that company” there is inserted “ or that person ”;
in paragraph (a)(i), after “appointment or” there is inserted “the person's”;
in paragraph (b), after “that company” there is inserted “ or that person ”.
In subsection (1A)—
in paragraph (a)(i), for “a company” there is substituted “ a person ”;
in paragraph (b), for “any company” there is substituted “ any person ”;
in that paragraph, for “the company” there is substituted “ the person ”.
In subsection (2), after “Part or” there is inserted “ any person holding ”.
In subsection (6)(a), after “Part or” there is inserted “ a person holding ”.
In section 19 (exceptions to the duty to enforce), for “company”, in each place, there is substituted “ person ”.
In section 20 (procedure for enforcement orders), for “company to which”, in each place, there is substituted “ person to whom ”.
Section 21 (validity of enforcement orders) is amended as follows.
In subsection (1)—
for “company to which” there is substituted “ person to whom ”;
for “company”, in the second place it occurs, there is substituted “ person ”.
In subsection (2), for “company” there is substituted “ person ”.
In section 22 (effect of enforcement order), in subsection (3)—
for “company”, in each place, there is substituted “ person ”;
for “it” there is substituted “ the person ”.
Section 22A (penalties) is amended as follows.
In subsection (1)—
in paragraph (a)(ii), for “company” there is substituted “ person ”;
in paragraph (b), in the opening words, for “company”, in both places, there is substituted “ person ”;
in the closing words, for “the company” there is substituted “ that company or that person ”.
In subsection (2)—
in paragraph (a)(ii), for “company” there is substituted “ person ”;
in paragraph (b), in the opening words, for “company”, in both places, there is substituted “ person ”;
in the closing words, for “the company” there is substituted “ that company or that person ”.
In subsection (4), in the opening words, for “company” there is substituted “ person ”.
In subsection (6)—
in the opening words, after “penalty” there is inserted “ on a person ”;
in paragraph (a), for “company”, there is substituted “ person ”;
in paragraph (d), for “company”, there is substituted “ person ”.
In subsection (7)—
for “company”, there is substituted “ person on whom the penalty has been imposed ”;
the words “on it” are repealed.
In subsection (8)(b), for “company”, there is substituted “ person on whom the penalty is to be or has been imposed ”.
In subsection (11), for the words from “10%” to “(determined” there is substituted.
Section 22C (time limits on the imposition of financial penalties) is amended as follows.
In subsection (1)—
in the opening words, after “penalty” there is inserted “ on a person ”;
in paragraph (a), for “company” there is substituted “ person ”;
in paragraph (b), for “company” there is substituted “ person ”.
In subsection (2), in the opening words—
after the first “penalty” there is inserted “ on a person ”;
for “company” there is substituted “ person ”.
Section 22E (appeals) is amended as follows.
In subsection (1), for “company on which” there is substituted “ person on whom ”.
In subsections (2)(a) and (b) (in both places) and (4)(b), for “company” there is substituted “ person ”.
In section 22F (recovery of penalties), for “company” there is substituted “ person ”.
Section 23 (meaning and effect of special administration orders) is amended as follows.
In subsection (1), for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee or a qualifying sewerage licensee ”.
In subsection (2A)—
for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee ”;
for “subsection (6)(b)” there is substituted “ subsection (7) ”.
After subsection (2A) there is inserted—
In subsection (2B)(b)—
in the opening words, for “or (2A)(a)” there is substituted “ , (2A)(a) or (2AA)(a) ”;
in sub-paragraph (ii), for “or (2A)(a)” there is substituted “ , (2A)(a) or (2AA)(a) ”.
In subsection (2C), for “and (2A)(b)” there is substituted “ , (2A)(b) and (2AA)(b) ”.
In subsection (4), for paragraph (b) there is substituted—.
In subsection (6)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee ”;
for paragraphs (a) and (b) there is substituted—
After subsection (6) there is inserted—
After subsection (7) (inserted by sub-paragraph (9)) there is inserted—
Section 24 (special administration orders made on special petitions) is amended as follows.
In subsection (1A)—
in paragraphs (a) and (b), the words “(after consulting the Assembly)” are repealed;
in paragraph (b), before “the Authority” there is inserted “by”;
in the words following paragraph (b), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or qualifying sewerage licensee ”.
After subsection (1A) there is inserted—
In subsection (2)—
in paragraph (bb), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee ”;
after paragraph (bb) there is inserted—;
in paragraph (d), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.
In subsection (7)(b), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.
In section 25 (power to make special administration order on winding-up petition) for “qualifying licensed water supplier”, in both places, there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.
In section 26 (restrictions on voluntary winding up and insolvency proceedings), in subsection (1), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.
Section 27 (general duty of Authority to keep matters under review) is amended as follows.
In subsection (1)(b), for “licensed water suppliers” there is substituted “ water supply licensees or sewerage licensees ”.
In subsection (2)—
in paragraph (aa), for “companies” there is substituted “ persons ”;
in paragraph (b), after “company” there is inserted “ or person ”.
In subsection (4)—
in paragraph (c), for the words from “retail” to “Part)” there is substituted “ the authorisations or combinations of authorisations given by licences under Chapter 1A of this Part (see sections 17A and 17BA) ”;
in paragraph (d), for “company” there is substituted “ person ”.
In section 27A (establishment of the Council and committees), in subsection (13), in the definition of “the interests of consumers”—
in paragraph (a), for “licensed water suppliers” there is substituted “ water supply licensees ”;
in paragraph (b), for “by sewerage undertakers” there is substituted “ either by sewerage undertakers or by sewerage licensees acting in their capacity as such ”.
Section 27C (the interests of consumers) is amended as follows.
In subsection (1)—
the “and” after paragraph (d) is repealed;
in paragraph (e), for the words from “not eligible” to the end there is substituted “ household premises (as defined in section 17C) ”;
after paragraph (e) there is inserted.
In subsection (2), for the words from “not eligible” to “the total quantity” there is substituted “ below the consumption threshold if the total quantity ”.
In section 27E (provision of advice and information to public authorities), in subsection (1), for “licensed water suppliers” there is substituted “ water supply licensees, sewerage licensees ”.
Section 27H (provision of information to the Council) is amended as follows.
In subsection (1)—
the “or” at the end of paragraph (b) is repealed;
in paragraph (c), for “a licensed water supplier” there is substituted “ a water supply licensee, or ”;
after paragraph (c) there is inserted—.
In subsections (2), (3) and (4), after “body”, in each place, there is inserted “ or person ”.
In subsection (4)—
for “it” there is substituted “ the body or person ”;
for “its” there is substituted “ the ”.
Section 27K (sections 27H to 27J: supplementary) is amended as follows.
In subsection (2), for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”.
In subsection (5), for “and a licensed water supplier” there is substituted “ , a water supply licensee and a sewerage licensee ”.
Section 29 (consumer complaints) is amended as follows.
In subsection (1)—
for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”;
for “by that licensed water supplier” there is substituted “ by that water supply licensee or that sewerage licensee ”.
In subsection (5)(a), for the words from “by a licensed water supplier” to “Wales” there is substituted.
In subsections (8)(a) and (b) and (9), for “or the licensed water supplier” there is substituted “ , the water supply licensee or the sewerage licensee ”.
In the heading to Chapter 1 of Part 3 (general duties of water undertakers) at the end there is inserted “etc”.
In section 37A (water resources management plans: preparation and review)—
in subsection (3)(b), for “licensed water suppliers” there is substituted “ water supply licensees ”;
in subsection (8)(d) for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 37C (water resources management plans: provision of information)—
for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;
in the closing words to subsection (3), for “licensed water supplier's” there is substituted “water supply licensee's”.
In section 37D (water resources management plans: supplementary), in subsection (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 38B (publication of statistical information about complaints)—
in subsection (1), for “licensed water suppliers” there is substituted “ water supply licensees ”;
in subsection (2), for “licensed water suppliers” there is substituted “ water supply licensees ”.
Section 39A (information to be given to customers about performance) is amended as follows.
In subsections (1) and (2A), for “licensed water suppliers”, in both places, there is substituted “ water supply licensees ”.
After subsection (1) there is inserted—
In subsection (2), for “any such direction” there is substituted “ a direction under subsection (1) or (1A) ”.
In subsection (2B), for “section 17B(5)” there is substituted “ section 17B ”.
In subsection (3), for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 39B (drought plans: preparation and review)—
in subsection (4)(b), for “licensed water suppliers” there is substituted “ water supply licensees ”;
in subsection (7)(d), for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 39C (drought plans: provision of information)—
for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;
in the closing words to subsection (3), for “licensed water supplier's” there is substituted “water supply licensee's”.
Section 48 (interest on sums provided by way of security) is repealed.
Section 52 (domestic supply duty) is amended as follows.
In subsection (4A) (exclusion of certain premises), in paragraph (c), at the beginning, there is inserted “in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales,”.
In section 55 (supplies for non-domestic purposes), in subsection (1A)(b), after “17C above) or” there is inserted “ , in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales, ”.
Section 61 (disconnections for non-payment of charges) is amended as follows.
In subsection (1)—
for “the following provisions of this section” there is substituted “ subsections (1A) to (6) ”;
after “cut off a supply of water to any premises,” there is inserted “if subsection (1ZA) or (1ZB) applies..
After the subsection (1ZA) so formed there is inserted—
In subsection (2)—
in paragraph (a), for “subsection (1)” there is substituted “ subsection (1ZA) ”;
in the words following paragraph (b), for “that subsection” there is substituted “ subsection (1) ”.
After subsection (2) there is inserted—
In subsection (3)—
after “subsection (2)” there is inserted “ or (2A) ”;
in paragraph (a), after “the undertaker” there is inserted “ or, as the case may be, the licensee ”;
in paragraph (b), after “the undertaker” there is inserted “ or, as the case may be, the licensee ”.
In subsection (4)—
the words “, from the person in respect of whose liability the power is exercised,” are repealed;
at the end there is inserted
In subsection (5)—
in paragraph (b)—
after “those premises” there is inserted “ (“the primary premises”) ”;
after “other premises” there is inserted “ (“the secondary premises”) ”;
in the words after paragraph (b)—
for “those other premises” there is substituted “ the secondary premises ”;
for “the premises in relation to which the charges are due” there is substituted “ the primary premises ”;
for “the other premises” there is substituted “ the secondary premises ”.
After subsection (5) there is inserted—
In section 63 (general duties of undertakers with respect to disconnections), after subsection (3) there is inserted—
In the italic heading preceding section 63AA, for “licensed water supplier” there is substituted “ water supply licensee ”.
Section 63AA (supply by licensed water supplier: domestic supply duty) is amended as follows.
In the title, for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.
Section 63AB (supply by licensed water supplier: non-domestic supply) is amended as follows.
In the title, for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (1), in the opening words, after “above” there is inserted “ or section 63AC(2) ”.
In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.
Section 63AC (interim duty of water undertaker: domestic and non-domestic supply) is amended as follows.
In subsections (1)(a) and (2), for “licensed water supplier” there is substituted “ water supply licensee ”.
In the italic heading preceding section 68, for “licensed water suppliers” there is substituted “ water supply licensees ”.
Section 68 (duties with respect to water quality) is amended as follows.
In the title, for “licensed water suppliers” there is substituted “ water supply licensees ”.
In subsection (1A)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
in paragraph (a), for “its retail authorisation” there is substituted “ the licensee's retail authorisation or restricted retail authorisation ”;
in paragraph (b), for “that supplier” there is substituted “ that licensee ”;
in paragraph (b), for “its retail authorisation” there is substituted “ the licensee's retail authorisation or restricted retail authorisation ”;
the words following paragraph (b) are repealed.
In subsection (3A)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
in paragraph (b), for “the supplier” there is substituted “ the licensee ”.
In subsection (3B), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (5), for “licensed water supplier” there is substituted “ water supply licensee ”.
After subsection (5) there is inserted—
Section 69 (regulations for preserving water quality) is amended as follows.
In subsections (1), (2), (5)(aa), (6)(b) and (c) and (7)(a)(ii) and (b), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.
In subsections (3) and (4)(a) and (b), for “licensed water suppliers”, in each place, there is substituted “ water supply licensees ”.
In subsection (5)(aa), for “that supplier” there is substituted “ that licensee ”.
In subsections (5)(b) and (6)(b), for “or supplier”, in both places, there is substituted “ or licensee ”.
In section 72 (contamination of water sources), in subsection (5)(c) for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 73 (offences of contaminating, wasting and misusing water etc), in subsection (1)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
in paragraph (b), for “supplier” there is substituted “ licensee ”.
Section 74 (regulations for preventing contamination, waste etc and with respect to water fittings) is amended as follows.
In subsection (1)(b) and (d), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.
In subsection (1)(c), for “a licensed water supplier” there is substituted “ that or another water supply licensee ”.
Section 75 (power to prevent damage and to take steps to prevent contamination, waste etc) is amended as follows.
In subsection (1A), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (11)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (12), for “section 17B(5)” there is substituted “ section 17B ”.
In section 76 (temporary bans on use)—
in subsection (1), for “by it” there is substituted “ by means of its supply system ”;
after subsection (7) there is inserted—
Section 78 (local authority functions in relation to undertakers' supplies) is amended as follows.
In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (3), for “section 17B(5)” there is substituted “ section 17B ”.
Section 86 (assessors for the enforcement of water quality) is amended as follows.
In subsections (2)(a)(i), (3), (4)(c)(i) and (6), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.
In subsection (4)(c)(i), for “or supplier” there is substituted “ or licensee ”.
In subsection (6), for “it” there is substituted “ that person ”.
In section 87 (fluoridation of water supplies at request of relevant authorities), in subsections (2)(b) and (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 87C (fluoridation arrangements: compliance), in subsection (4)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 90 (indemnities in respect of fluoridation), in subsection (2)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “it”, in both places, there is substituted “ the licensee ”.
In section 93 (interpretation of Part 3), in subsection (1), in the definition of “private supply”, for “licensed water supplier” there is substituted “ water supply licensee ”.
In section 93A (duty to promote the efficient use of water)—
in subsections (1), (2) and (3), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;
in subsections (1) and (3), for “its customers” there is substituted “ that person's customers ”.
Section 93B (power of Authority to impose requirements on water undertakers) is amended as follows.
In subsections (1), (2), (3), (4), (5) and (6), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.
In subsection (1), for “its performance of its duty” there is substituted “ the performance of that undertaker's or licensee's duty ”.
In subsections (2), (4), (5) and (6), for “or supplier”, in each place, there is substituted “ or licensee ”.
In subsection (2), for “its duty” there is substituted “ the undertaker's or licensee's duty ”.
In subsections (3) and (6), for “its customers”, in each place, there is substituted “ that person's customers ”.
Section 93C (publicity of requirements imposed under section 93B) is amended as follows.
In subsection (1)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “or supplier's” there is substituted “or licensee's”.
In subsection (2)(b), for “or supplier” there is substituted “ or licensee ”.
Section 93D (information as to compliance with requirements under section 93B) is amended as follows.
In subsections (1), (3) and (4), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.
In subsections (1), (2)(b) and (3), for “or supplier”, in each place, there is substituted “ or licensee ”.
In subsection (3), for “or supplier's” there is substituted “or licensee's”.
In the heading to Chapter 1 of Part 4 (general functions of sewerage undertakers), at the end there is inserted “etc”.
In section 95B (publication of statistical information about complaints)—
in subsection (1), after “undertakers” there is inserted “ or sewerage licensees ”;
in subsection (2), after “undertakers” there is inserted “ or sewerage licensees ”.
Section 96A (information to be given to customers about overall performance) is amended as follows.
In subsection (1), after “customers” there is inserted “ , and, if the direction so specifies, sewerage licensees using the undertaker's sewerage system for the purpose of providing sewerage services to the premises of customers, ”.
After subsection (1) there is inserted—
In subsection (2), for “any such direction” there is substituted “ a direction under subsection (1) or (1A) ”.
After subsection (2) there is inserted—
In subsection (3), after “undertaker” there is inserted “ or sewerage licensee ”.
In section 99 (financial conditions for compliance with the duty in section 98), subsection (7) (terms defined in sections 100 and 100A) is repealed.
Sections 100 and 100A (calculations for the purposes of section 99) are repealed.
In section 101B (power to provide lateral drain following provision of public sewer) (as amended by section 19)—
in subsection (3), for “water” there is substituted “ sewerage ”;
in subsection (4), the “or” following paragraph (a) is repealed.
In section 102 (adoption of sewers and disposal works), in subsection (4) (sewerage undertaker to give notice of proposal), after “under this section—” there is inserted—.
In section 104 (agreements to adopt sewers, etc), subsection (9) (inserted by section 42(3) of the Flood and Water Management Act 2010) is repealed.
In section 105 (appeals with respect to adoption)—
subsection (2) is repealed;
in subsection (4), paragraph (b) and the “or” preceding it are repealed;
subsection (6) is repealed;
in subsection (7), the words from “and for” to the end are repealed.
In section 105C (adoption schemes: supplementary), in subsection (2), after paragraph (a) insert—.
In section 106B (requirement to enter into agreement before connection charges etc), after subsection (3) (no charges for vesting declaration) there is inserted—
In section 107 (right of sewerage undertaker to undertake the making of communications with public sewers), after subsection (6) there is inserted—
In section 113 (power to alter drainage system of premises in an area), in subsection (3), for the words from “notice of its proposals to” to the end of the subsection there is substituted
In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the Water Resources Act 1991” there is inserted “ or the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) ”.
Section 146 (connection charges etc) is amended as follows.
After subsection (3) there is inserted—
In subsection (4)—
after “sewerage undertaker” there is inserted “ or a sewerage licensee ”;
after “to the undertaker” there is inserted “ or the licensee (as the case may be) ”.
In subsection (5), after “certain charges” there is inserted “ by relevant undertakers ”.
In section 147 (charging for use of emergency water), in subsection (1), after “undertaker” there is inserted “ or water supply licensee ”.
In section 148 (restriction on charging for metering works), in subsection (2)(cc), after “section 66D” there is inserted “ or 117E ”.
In section 150 (fixing maximum charges for services provided with the help of undertakers' services), for subsection (1A) there is substituted—
In section 152 (grants for national security purposes), in subsection (1), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”.
Section 154A (financial assistance to reduce charges of relevant undertakers and water supply licensees) is amended as follows.
In subsection (1)—
the “or” following paragraph (a) is repealed;
in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;
in paragraph (b), for “its” there is substituted “the licensee's”;
at the end of paragraph (b) there is inserted
In subsection (6)—
the “or” following paragraph (a) is repealed;
in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;
at the end of paragraph (b) there is inserted
In subsection (7)—
in paragraph (a), for “a licensed water supplier” there is substituted “ a water supply licensee or a sewerage licensee ”;
the “or” following paragraph (a) is repealed;
in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;
in paragraph (b), for “its” there is substituted “the licensee's”;
at the end of paragraph (b) there is inserted
In subsection (8)—
for “of a licensed water supplier” there is substituted “ of a water supply licensee or of a sewerage licensee ”;
for “section 17A(2)” there is substituted “ Schedule 2A or Schedule 2B, as the case may be, ”.
In section 158 (powers to lay pipes in streets), in subsection (7)(a), for the words from “section 66B(3)(a)(ii) above” to “section 66B(3)(a)(iii) above” there is substituted “ section 66B(4)(a)(i) or (b)(i) which is used for the purpose of supplying water other than for domestic or food production purposes or laid in pursuance of section 66B(4)(b)(ii) ”.
Section 162 (works in connection with metering) is amended as follows.
In subsection (1A)—
in paragraph (d), for “licensed water supplier” there is substituted “ water supply licensee ”;
after paragraph (d) there is inserted
In subsection (1B), for “section 17B(5)” there is substituted “ section 17B ”.
After subsection (1B) there is inserted—
In section 163 (power to fit stopcocks), in subsection (1), for “a licensed water supplier” there is substituted “ a water supply licensee ”.
In section 164 (agreements for works with respect to water sources), in subsection (2) (notice to be given before agreeing to works entailing a discharge into a watercourse), for the words from “the NRA” to “if the watercourse” there is substituted.
Section 174 (offences of interference with works etc) is amended as follows.
In subsection (1A)—
in the opening words, for “the licensed water supplier” there is substituted “ the water supply licensee ”;
in paragraph (a)(i)—
for “any licensed water supplier” there is substituted “ any water supply licensee ”;
for “any such supplier” there is substituted “ any such licensee ”;
in paragraph (a)(ii)—
for “the supplier” there is substituted “ the licensee ”;
for “its licence” there is substituted “ the licensee's licence ”.
In subsection (2)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (2A)—
in paragraph (b), in the opening words, for “a licensed water supplier” there is substituted “ a water supply licensee ”;
in paragraph (b)(i), for “the supplier” there is substituted “ the licensee ”;
in paragraph (b)(ii), for “the supplier”, in both places, there is substituted “ the licensee ”;
in the words following paragraph (b), for “section 17B(5)” there is substituted “ section 17B ”.
In subsection (3A)—
in the opening words, for “the licensed water supplier” there is substituted “ the water supply licensee ”;
in paragraph (a)(i), for “a licensed water supplier” there is substituted “ a water supply licensee ”;
in paragraph (a)(ii)—
for “the supplier” there is substituted “ the licensee ”;
for “its licence” there is substituted “ the licensee's licence ”;
in paragraph (b), for “a supplier”, in both places, there is substituted “ a licensee ”.
In subsection (5A)—
in paragraph (a), for “a licensed water supplier” there is substituted “ a water supply licensee ”;
in paragraph (b)—
for “the supplier” there is substituted “ the licensee ”;
for “its licence” there is substituted “ the licensee's licence ”.
In subsection (8A)(b)—
for “a licensed water supplier” there is substituted “ a water supply licensee ”;
for “the supplier” there is substituted “ the licensee ”.
Section 175 (offence of tampering with meter) is amended as follows.
In subsection (1) (offence of tampering) for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.
In subsection (3) (meaning of “appropriate consent”)—
for paragraph (b) there is substituted—;
in paragraph (c), for sub-paragraph (ii) there is substituted—.
In section 179 (vesting of works in undertaker), in subsection (1A) (when persons may agree to vest pipes etc in a person other than the undertaker), the words from “but no agreement” to the end are repealed.
Section 195 (the Authority's register) is amended as follows.
In subsection (2)—
in paragraph (bc), for “66D(1)” there is substituted “ 66CA(1) ”;
in paragraph (g), for “or 66H above” there is substituted “ , 66H, 117N or 117O ”.
In subsection (3AA), for “licensed water supplier” there is substituted “ water supply licensee ”.
Subsection (3A) is repealed.
Section 195A (reasons for decisions) is amended as follows.
In subsection (1)(f), for “66D(1)” there is substituted “ 66CA(1) ”.
In subsection (3), after “appointment or” there is inserted “ the person holding the ”.
Section 201 (publication of certain information and advice) is amended as follows.
In subsection (1)(b), for “company” there is substituted “ person ”.
In subsection (2), after “Part II of this Act or” there is inserted “ a person holding ”.
Section 202 (duties of undertakers to furnish the Secretary of State with information) is amended as follows.
In subsection (1A), for “company”, in both places, there is substituted “ person ”.
In subsection (3), for “company”, in each place, there is substituted “ person ”.
In subsection (4)(c)—
after “particular company” there is inserted “ or person ”;
after “to companies” there is inserted “ or persons ”;
for “description or” there is substituted “ description, ”;
after “Part II of this Act or” there is inserted “ to all the persons holding ”.
In subsection (5), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.
In section 205 (exchange of metering information between undertakers), in subsection (4)—
the “and” at the end of paragraph (a) is repealed;
in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;
after paragraph (b) there is inserted—
Section 206 (restriction on disclosure of information) is amended as follows.
In subsection (3)(b), for “a licensed water supplier of any of the duties imposed on it” there is substituted “ a water supply licensee or sewerage licensee of any of the duties imposed on the licensee ”.
In subsection (5)(a), for “a licensed water supplier of activities under its licence” there is substituted “ a water supply licensee or sewerage licensee of activities under the licence held by the licensee ”.
Section 208 (directions in the interests of national security) is amended as follows.
In subsection (1)—
for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;
for “or supplier” there is substituted “ or licensee ”.
In subsection (2)—
for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;
for “or supplier” there is substituted “ or licensee ”;
for “requiring it” there is substituted “ requiring that undertaker or licensee ”.
In subsection (3)—
for “or licensed water supplier”, in both places, there is substituted “ , water supply licensee or sewerage licensee ”;
for “on it” there is substituted “ on that undertaker or licensee ”;
for “to it” there is substituted “ to that undertaker or licensee ”.
In section 211 (limitation on right to prosecute in respect of sewerage offences), in paragraph (b), after “undertaker;” there is inserted—.
Section 213 (powers to make regulations) is amended as follows.
In subsection (1)—
the words “17D(8),” (inserted by section 35(2) of the Flood and Water Management Act 2010) are repealed;
the words “or 17D(8)” (inserted by paragraph 49 of Schedule 8 to the Water Act 2003) are repealed (if they remain in force to any extent);
before “or 105A” there is inserted “, 66M”.
After subsection (1) there is inserted—
In subsection (2)(a), for “or sewerage undertaker or licensed water supplier” there is substituted “ , sewerage undertaker, water supply licensee or sewerage licensee ”.
Section 219 (general interpretation) is amended as follows.
In subsection (1)—
in the definition of “customer or potential customer”, in paragraph (a), for “licensed water supplier” there is substituted “ water supply licensee or sewerage licensee ”;
in the definition of “protected land”, in paragraph (b), for “section 218” there is substituted “ section 217 ”;
in the definition of “sewerage services”, for “includes” there is substituted;
in that definition, after the paragraph (a) so formed there is inserted;
in the definition of “water main”—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “or supplier” there is substituted “ or licensee ”;
the following are inserted at the appropriate place—;;;
the definition of “licensed water supplier” is repealed.
After subsection (10) there is inserted—
In Schedule 1A (the Water Services Regulation Authority), in paragraph 9(3), for paragraph (f) (and the “and” following it) there is substituted—.
Schedule 2 (transitional provision on termination of appointments) is amended as follows.
In paragraph 1—
in sub-paragraph (3A)(a), for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee or a qualifying sewerage licensee ”;
in sub-paragraph (3A)(b), for “carry on activities” there is substituted;
in sub-paragraph (3A)(b), after the sub-paragraph (i) so formed there is inserted;
in sub-paragraph (4), in the definition of “other relevant companies”, for “to be holding” there is substituted;
in sub-paragraph (4), in that definition, after the paragraph (a) so formed there is inserted.
In paragraph 2(7A)(b), for “licensed water supplier” there is substituted “ water supply licensee or sewerage licensee ”.
In Schedule 8 (pre-1989 Act transitional authority for trade effluent discharges etc), after paragraph 2(3) there is inserted—
Water Resources Act 1991 (c. 57)
The Water Resources Act 1991 is amended as follows.
Section 203 (exchange of information with respect to pollution incidents etc) is amended as follows.
In subsection (1A)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “supplier” there is substituted “ licensee ”;
for “its licence” there is substituted “ the licensee's licence ”.
In subsection (2A)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “supplier” there is substituted “ licensee ”.
In subsection (3)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “supplier” there is substituted “ licensee ”.
In subsection (4), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (5)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (8)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “a company” there is substituted “ a person ”.
Section 204 (restriction on disclosure of information) is amended as follows.
In subsection (2)(b)—
for “company” there is substituted “ person ”;
for “on it” there is substituted “ on the undertaker or, as the case may be, the person ”.
In subsection (4)(a)—
for “a company” there is substituted “ a person ”;
for “its licence” there is substituted “ the person's licence ”.
The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, in the entry relating to the Water Industry Act 1991—
for “licensed water suppliers” there is substituted “ water supply licensees ”;
for “licensed water supplier”, in each place those words occur, there is substituted “ water supply licensee ”.
Enterprise Act 2002 (c. 40)
The Enterprise Act 2002 is amended as follows.
Section 168 (regulated markets) is amended as follows.
In subsection (3)(ff), after “section 66D” there is inserted “ or 117E ”.
In subsection (4)(ff), after “section 66D”, in both places, there is inserted “ or 117E ”.
In section 249 (special administration regime), in subsection (1)(aa)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
after “administration order)” there is inserted “ or a qualifying sewerage licensee within the meaning of subsection (8) of that section ”.
Water Act 2003 (c. 37)
The Water Act 2003 is amended as follows.
Section 52 (co-operation between water regulators) is amended as follows.
In subsection (3)—
in paragraph (a), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”;
in paragraph (b), for “licensed water suppliers” there is substituted “ water supply licensees ”;
in paragraph (c), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”.
After subsection (8) there is inserted—
Section 58 (fluoridation of water supplies) is amended as follows, to the extent that it is not in force on the day on which paragraphs 76 to 78 come into force.
In subsection (2)—
in the inserted section 87 of the Water Industry Act 1991 (fluoridation of water supplies at request of relevant authorities), in subsections (2)(b) and (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”;
in the inserted section 87C of the Water Industry Act 1991 (fluoridation arrangements: compliance), in subsection (4)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.
In subsection (6), in the inserted section 90 of the Water Industry Act 1991 (indemnities in respect of fluoridation), in subsection (2)—
for “licensed water supplier” there is substituted “ water supply licensee ”;
for “it”, in both places, there is substituted “ the licensee ”.
Government of Wales Act 2006 (c. 32)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consumers, Estate Agents and Redress Act 2007 (c. 17)
The Consumers, Estate Agents and Redress Act 2007 is amended as follows.
In section 4 (meaning of “designated consumers”), in subsection (3)—
for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”;
for “its capacity” there is substituted “ the undertaker's or licensee's capacity ”.
In subsection (2), for “its capacity” there is substituted “ the person's capacity ”.
In subsection (3), in the table, for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.
In subsection (7), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.
In section 33 (supplementary provision about transfer and abolition orders), in subsection (10)—
for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”;
for “its capacity” there is substituted “ the undertaker's or licensee's capacity ”.
In section 41 (interpretation of Part 1), in subsection (1)—
the definition of “licensed water supplier” is repealed;
at the appropriate place there is inserted—;
Section 42 (interpretation of Part 2) is amended as follows.
In subsection (1), in the table—
in the first column, for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;
in the second column, for “or licensed water supplier in its capacity” there is substituted “ , water supply licensee or sewerage licensee in the undertaker's or licensee's capacity ”.
In subsection (2)—
the definition of “licensed water supplier” is repealed;
at the appropriate place there is inserted—;
In section 52 (enforcement of requirements imposed under Part 2), in subsection (3), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.
Flood and Water Management Act 2010 (c. 29)
The Flood and Water Management Act 2010 is amended as follows.
In section 6 (other Part 1 definitions), in subsection (11) (“water company”)—
in the opening words, the words “a company which holds” are repealed;
in paragraph (a), at the beginning there is inserted “a company which holds”;
in paragraph (b), at the beginning there is inserted “a person who holds”.
In section 42 (agreements on new drainage systems)—
subsection (2) (which substitutes section 105(2) of the Water Industry Act 1991) is repealed;
subsection (3) (which inserts section 104(9) of the Water Industry Act 1991) is repealed.
In section 44 (social tariffs in charges schemes), in subsection (3), for the words from “in connection with” to “1991 Act)” there is substituted “under the Water Industry Act 1991 in connection with undertakers' charges schemes under section 143 of that Act”.
Regulation of the water environment
Purposes for which provision may be made
Interpretation
In this Schedule—“fish regulations” means regulations containing provision which—satisfies section 61(2)(c), or is for the purpose mentioned in paragraph 8(2) or 30(3);“flood regulations” means regulations containing provision which—satisfies section 61(2)(b), or is for the purpose mentioned in paragraph 8(2) or 30(2);“water regulations” means regulations containing provision which—satisfies section 61(2)(a), or is for the purpose mentioned in paragraph 8(2) or 30(1).
In this Schedule—“functions” includes powers and duties;“regulated activity” means—in relation to water regulations, the use of water resources; in relation to flood regulations, any activity that affects, or could affect, the drainage of land, flood risk or the management of flood risk; in relation to fish regulations, any activity that affects, or could affect, the movement of fish through regulated waters;“regulated field” means—in relation to water regulations, regulating the use of water resources; in relation to flood regulations, securing the drainage of land or the management of flood risk; in relation to fish regulations, safeguarding the movement of fish through regulated waters;“the regulations” means regulations under section 61;“specified” means specified in the regulations.
Preliminary
Establishing standards, objectives or requirements in relation to—
regulated activities, and
in the case of fish regulations, structures or obstructions that affect, or could affect, the movement of fish through regulated waters.
In the case of water regulations, authorising the making of plans for—relating to the use of water resources.
the setting of overall limits,
the allocation of rights, or
the progressive improvement of standards or objectives,
In the case of water regulations, authorising the making of schemes for the trading or other transfer of rights so allocated.
Determining the authorities (whether public or local or the Minister) by whom functions conferred by the regulations—are to be exercisable (in this Schedule referred to as “regulators”).
in relation to permits under the regulations, or
otherwise for or in connection with the regulated field,
Specifying any purposes for which any such functions are to be exercisable by regulators.
Enabling the Minister to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—
directions providing for any functions exercisable by one regulator to be instead exercisable by another;
directions given for the purpose of the implementation of any assimilated obligations or under any international agreement to which the United Kingdom is a party;
directions relating to the exercise of any function in a particular case or class of case (except functions in relation to the investigation or prosecution, in a particular case, of an offence under the regulations).
Permits
Prohibiting persons from carrying on any activities of any specified description, except—
under a permit in force under the regulations, and
in accordance with any conditions to which the permit is subject.
Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.
Prescribing the contents of permits.
Authorising permits to be granted subject to conditions imposed by regulators (the nature of any such condition not being restricted by section 61(2)).
Securing that permits have effect subject to—
conditions specified in the regulations; or
rules of general application specified in or made under the regulations.
Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).
Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).
Regulating the making of changes in the carrying on of the activities.
Regulating the transfer or surrender of permits.
Authorising the revocation of permits by regulators.
Authorising the imposition by regulators of requirements with respect to the taking of preventive action (by holders of permits or other persons) in connection with the surrender or revocation of permits.
Authorising the Minister to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—or in respect of the subsistence of a permit.
the grant of a permit,
the variation of a permit or the conditions to which it is subject, or
the transfer or surrender of a permit,
Authorising, or authorising the Minister to make schemes for, the charging by the Minister or public or local authorities of fees or other charges in respect of—in cases where the advice or action is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.
any advice given, or
any testing, assessment or investigation done or other action taken,
Further regulation
Requiring persons who propose to carry out activities of a specified description to give notice of their proposals to regulators.
Requiring owners or occupiers of land to give notice to regulators of any obstruction of a specified description occurring on the land.
Requiring persons to apply for a permit under the regulations in respect of activities of a specified description.
Authorising a regulator, where a person is carrying on an activity of a specified description—
to serve notice on the person requiring them to cease carrying on the activity or, at their own cost, to take such action in connection with the activity as may be specified in the notice, or
to arrange itself for action to be taken in connection with the activity.
Authorising a regulator to—in respect of a structure or obstruction of a specified description.
to serve notice on persons of a specified description requiring them, at their own cost, to take such action as may be specified in the notice, or
to arrange itself for action to be taken,
Imposing requirements, or authorising regulators to impose requirements, on persons of a specified description in relation to the operation and maintenance of specified structures.
Information, publicity and consultation
Enabling persons of any specified description (whether or not they are holders of permits) to be required—
to compile information about—
regulated activities, and
in the case of fish regulations, structures or obstructions that affect, or could affect, the movement of fish through regulated waters;
to provide such information in such manner as is specified in the regulations.
Securing—
that publicity is given to specified matters;
that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;
that copies of entries in such registers, or of specified documents, may be obtained by members of the public.
Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.
Enforcement and offences
Conferring on regulators functions with respect to the monitoring and inspection of—
the carrying on of regulated activities, or
regulated structures or obstructions.
Authorising regulators to appoint suitable persons to exercise any such functions and conferring on persons so appointed powers such as those specified in—
section 108(4) of the Environment Act 1995;
regulation 26 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/3344);
sections 31 and 32 of the Salmon and Freshwater Fisheries Act 1975.
Functions which may be conferred in reliance on sub-paragraph (1) include—
power to take samples or to make copies of information;
power to arrange for preventive or remedial action to be taken at the expense of holders of permits.
In sub-paragraph (1) “regulated structures or obstructions” means structures or obstructions which—
may be the subject of notices served by regulators under the regulations, or
may be subject to requirements imposed under the regulations.
Authorising regulators to serve on holders of permits—
notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;
notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;
notices requiring them to take steps to remove or reduce, or to mitigate the effect of the potential consequences of, the following imminent risks (whether or not arising from any such contraventions)—
an imminent risk of a significant waste of water resources or of significant damage to the environment, in the case of water regulations;
an imminent risk of a significant impediment to drainage or of a flood, in the case of flood regulations;
an imminent risk of a significant impediment to the movement of fish through regulated waters, in the case of fish regulations.
Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.
Establishing a procedure for the resolution of disputes in relation to notices served by regulators under the regulations.
Providing for the enforcement of notices served by regulators under the regulations by proceedings in—
the High Court, or
in the case of fish regulations applying as mentioned in section 61(11)(b), the Sheriff Court.
Where action is required to be taken by a person under the regulations or pursuant to a notice served under the regulations, authorising regulators in specified circumstances to take action instead of that person; and making provision for the liability of that person in respect of reasonable costs incurred by the regulators in taking such action.
Creating offences and dealing with matters relating to such offences, including—
the provision of defences, and
evidentiary matters.
Enabling, where a person has been convicted of an offence under the regulations—
a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment), or
a regulator to arrange for such action to be taken at that person's expense.
Where a person causes damage to any structure constructed, altered or maintained by a regulator under these regulations, authorising the regulator to require the person to pay the expenses of the regulator in repairing the damage and providing for the manner in which such expenses may be recovered.
Appeals
Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).
Corresponding provision
Making provision which, subject to any modifications that the Minister considers appropriate, corresponds or is similar to any provision made by or under, or capable of being made under—
section 71 of the Water Industry Act 1991 (waste from water sources);
Chapter 2 of Part 2 of the Water Resources Act 1991 (abstraction and impounding);
Part 1 of the Water Act 2003 (abstraction and impounding).
Making provision which, subject to any modifications that the Minister considers appropriate, corresponds or is similar to—
any provision made by section 339 of the Highways Act 1980 (saving for works etc of drainage authorities etc);
any provision made by any byelaw, or capable of being made by any byelaw, under paragraph 5 of Schedule 25 to that Act (byelaws for flood defence and drainage purposes).
Making provision which, subject to any modifications that the Minister considers appropriate, corresponds or is similar to—
sections 9 to 15 and 18 of the Salmon and Freshwater Fisheries Act 1975 (obstructions to passage of fish);
Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/3344) (passage of eels).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision made under this paragraph is not subject to the requirement in section 61(2).
Crown application
Making provision about the application of the regulations to the Crown.
Supplementary provision
Water regulations trading schemes: penalties
The regulations may, if they are water regulations, authorise the inclusion in a trading scheme of—
provision for penalties in respect of contraventions of provisions of the scheme;
provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—
the scheme, or
the regulations (including regulations made after the scheme starts to operate).
In this paragraph “trading scheme” means a scheme of the kind mentioned in paragraph 3(3).
Determination of matters by regulators
The regulations may make provision for anything which, by virtue of paragraphs 7 to 10, could be provided for by the regulations to be determined under the regulations by regulators.
Delegation between regulators
The regulations may make provision authorising regulators to arrange for specified functions to be exercised on their behalf by other regulators.
Imposition of conditions
In connection with the determination of conditions as mentioned in paragraph 8(3)(a) the regulations may in particular provide—
for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;
for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.
Charging schemes
The regulations may—
require any such scheme as is mentioned in paragraph 11 or 12 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;
authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).
Offences
The regulations may provide for any such offence as is mentioned in paragraph 26 to be triable—
only summarily, or
either summarily or on indictment.
The regulations may provide for any such offence to be punishable on summary conviction with—or both.
imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed the normal maximum term), or
a fine not exceeding such amount as is so specified (which may not exceed £20,000),
The “normal maximum term” means—
in relation to England and Wales—
in the case of an offence triable only summarily, 51 weeks, and
in the case of an offence triable either summarily or on indictment, twelve months;
in relation to Scotland—
in the case of an offence triable only summarily, 6 months, and
in the case of an offence triable either summarily or on indictment, twelve months.
Regulations that—must provide that, where the offence is committed before that date, it is punishable with imprisonment for a term not exceeding six months.
are made before the date on which section 281(5) of the Criminal Justice Act 2003 comes into force, and
in relation to England and Wales, make provision for a summary offence to be punishable with a term of imprisonment exceeding six months,
Regulations that—must provide that, where the offence is committed before that date, it is punishable on summary conviction with imprisonment for a term not exceeding six months.
are made before 2 May 2022, and
in relation to England and Wales, make provision for an offence triable either summarily or on indictment to be punishable on summary conviction with a term of imprisonment exceeding six months,
The regulations may provide for such an offence to be punishable on indictment with—or both.
imprisonment for a term not exceeding such period as is specified (which may not exceed two years), or
a fine,
Restrictions on Crown application
To the extent that the regulations bind the Crown (by virtue of provision made under paragraph 31), they are subject to the following restrictions.
No contravention of any provision of the regulations may make the Crown criminally liable; but the regulations may provide that the High Court may, on the application of a regulator, declare unlawful any act or omission of the Crown which constitutes such a contravention.
Sub-paragraph (2) does not affect the criminal liability of persons in the service of the Crown.
The regulations must provide that if the Secretary of State certifies that it appears to him, as respects any Crown premises and any relevant powers of entry, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
Subject to sub-paragraph (6), where a power is conferred in relation to land by any provision of the regulations, the regulations must provide that—
that power is to be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority, and
that a consent for such purposes may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.
But provision contained in the regulations in accordance with sub-paragraph (5) is not to require any consent to be given for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from provision in the regulations made by virtue of paragraph 31.
In this paragraph—“the appropriate authority” has the same meaning as in section 293 of the Town and Country Planning Act 1990;“Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;“Crown premises” means premises held by or on behalf of the Crown;“relevant powers of entry” means powers of entry that are—contained in the regulations, exercisable in relation to the premises in question, and specified in the Secretary of State's certificate under sub-paragraph (4).
Publication requirements under the Land Drainage Act 1991
The Land Drainage Act 1991 is amended as follows.
Section 2 (review of boundaries of internal drainage districts) is amended as follows.
In subsection (2)(b), the words “, in one or more newspapers circulating in the internal drainage district,” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3 (schemes for reorganisation of internal drainage districts etc) is amended as follows.
In subsection (4)(b), the words “in one or more newspapers circulating in the area affected by the scheme” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 38 (orders subdividing a district for the purposes of raising expenses) is amended as follows.
In subsection (5)(b), the words “, in one or more newspapers circulating in that district,” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 39 (petition for subdivision of internal drainage district) is amended as follows.
In subsection (4)(b), the words “in one or more newspapers circulating in that district” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 48 (procedure for making of rate) is amended as follows.
In subsection (3)(b), for “in one or more newspapers circulating in that district” there is substituted “ in some other way ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 58 (allocation of appropriate agency revenue for its functions as an internal drainage board) is amended as follows.
In subsection (3), the words “in one or more newspapers circulating in the internal drainage district in question” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 1 of Schedule 5 (byelaws: publicity for application and confirmation) is amended as follows.
In sub-paragraph (1), in paragraph (a), the words from “in the London Gazette” to the end are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments relating to Regional Flood and Coastal Committees
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1(i), for “regional and local flood defence committees” there is substituted “ Regional Flood and Coastal Committees ”.
Local Government Act 1974 (c. 7)
In section 25 of the Local Government Act 1974 (authorities subject to investigation by the Commission for Local Administration in England), in subsection (1)(d), for “any regional flood defence committee” there is substituted “ any Regional Flood and Coastal Committee ”.
House of Commons Disqualification Act 1975 (c. 24)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
the entry for a chairman of a local flood defence committee for any district in England and Wales is repealed;
in the entry for a chairman of a regional flood defence committee for any area of England and Wales, for “regional flood defence committee” there is substituted “ Regional Flood and Coastal Committee ”.
Land Drainage Act 1991 (c. 59)
In section 1 of the Land Drainage Act 1991 (internal drainage districts and boards), in subsection (1)(a), for “the areas of the regional flood defence committees” there is substituted “ the regions of the Regional Flood and Coastal Committees (within the meaning of section 22 of the Flood and Water Management Act 2010) ”.
Water Resources Act 1991 (c. 57)
The Water Resources Act 1991 is amended as follows.
Section 134 (raising of general drainage charges) is amended as follows.
In subsection (1) (power of Environment Agency and Natural Resources Body for Wales to raise charge per hectare of chargeable land in a local flood defence district), for “a local flood defence district” there is substituted “ a flood risk management region ”.
In subsection (2) (power under subsection (1) subject to recommendation of the regional flood defence committee)—
for “any local flood defence district” there is substituted “ any flood risk management region ”;
for “the regional flood defence committee for the area in which that district is situated” there is substituted “ the Regional Flood and Coastal Committee for that region ”.
Subsection (3) (treatment of the parts of an area of a regional flood defence committee which are not local flood defence districts) is repealed.
Section 135 (amount, assessment etc of general drainage charge) is amended as follows.
In subsection (1) (charge to be at a uniform rate per hectare of chargeable land)—
for “a local flood defence district” there is substituted “ a flood risk management region ”;
for “that district” there is substituted “ that region ”.
In subsection (3) (calculation), in paragraph (b), for “the local flood defence district” there is substituted “ the flood risk management region ”.
In subsection (4) (provision that may be made by a single order)—
in paragraph (b), for “one or more local flood defence districts” there is substituted “ one or more flood risk management regions ”;
in the words following paragraph (b)—
for “more than one local flood defence district” there is substituted “ more than one flood risk management region ”;
for “districts” there is substituted “ flood risk management regions ”.
Section 137 (special drainage charges in the interests of agriculture) is amended as follows.
In subsection (1) (power of Environment Agency and Natural Resources Body for Wales to devise scheme for drainage works in the interests of agriculture), for “the area of any regional flood defence committee” there is substituted “ any flood risk management region ”.
In subsection (3) (scheme to designate land for special drainage charge), for “the area of the regional flood defence committee” there is substituted “ the flood risk management region ”.
Section 138 (levying and amount of special drainage charge) is amended as follows.
In subsection (3) (regional flood defence committee to determine the uniform amount), for “the regional flood defence committee for the area” there is substituted “ the Regional Flood and Coastal Committee for the flood risk management region within which is the area ”.
In subsection (5) (provision that may be made by a single order)—
in paragraph (b), for “such areas of regional flood defence committees” there is substituted “ areas within such flood risk management regions ”;
in the words following paragraph (c)—
for “more than one area of a regional flood defence committee” there is substituted “ areas within more than one flood risk management region ”;
for “different areas” there is substituted “ different flood risk management regions ”.
In section 143(1) (power of Environment Agency and Natural Resources Body for Wales to levy navigation tolls in certain navigable waters), in paragraph (b), for “the area of a regional flood defence committee” there is substituted “ a flood risk management region ”.
Section 145 (interpretation of Chapter 2 of Part 6) is amended as follows.
In the definition of “chargeable land”, for “the area of a regional flood defence committee” there is substituted “ a flood risk management region ”.
At the appropriate place there is inserted—.
Section 166 (power of Environment Agency and Natural Resources Body for Wales to carry out works for the purpose of providing a flood warning system) is amended as follows.
In subsection (3) (exercise of powers in Scotland)—
in paragraph (a), for “the areas of the regional flood defence committees whose areas are adjacent to Scotland” there is substituted “ the flood risk management regions adjacent to Scotland ”;
in paragraph (b), for “the areas of each of those committees” there is substituted “ those flood risk management regions ”.
In subsection (4) (interpretation), at the appropriate place there is inserted—.
In section 221(1) (interpretation of terms in the Act), in the definition of “flood defence provisions”, in paragraph (b)—
after sub-paragraph (i) there is inserted “and”;
sub-paragraph (iii) and the “and” following it are repealed.
In Schedule 15 (supplemental provisions with respect to drainage charges), in paragraph 3(1)(a), for “the local flood defence district” there is substituted “ the flood risk management region ”.
In Schedule 26 (procedure relating to bye-laws made by the Environment Agency), in paragraph 7 (meaning of “the relevant Minister”)—
in paragraph (a)(ii), for “the area of a regional flood defence committee the whole or the greater part of whose area is in England” there is substituted “ a flood risk management region the whole or the greater part of which is in England ”;
after paragraph (c) there is inserted—
Environment Act 1995 (c. 25)
In section 6 of the Environment Act 1995 (general provisions with respect to water), in subsection (5) (flood defence functions to extend to the territorial sea), in paragraph (a), for “the area of any regional flood defence committee” there is substituted “ the region of any Regional Flood and Coastal Committee ”.
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), for the entry for any regional flood defence committee there is substituted— “ Any Regional Flood and Coastal Committee. ”
Public Services Ombudsman (Wales) Act 2005 (c. 10)
In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (authorities entitled to refer matters to ombudsman), in the entry for a regional flood defence committee for an area wholly or partly in Wales, for “regional flood defence committee” there is substituted “ Regional Flood and Coastal Committee ”.
The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, in the entry relating to the Local Government Act 1974, in paragraph (c), for “a regional flood defence committee” there is substituted “ a Regional Flood and Coastal Committee ”.
Orders under section 91: further provision
Introductory
The provision that may be made by an order under section 91 (“a section 91 order”) includes such provision as is mentioned in this Schedule.
Nothing in this Schedule affects the generality of section 91.
Changes in water supply licensing
A section 91 order may make provision in connection with the introduction of new water supply licences.
A section 91 order may in particular—
make provision for old water supply licences to continue in effect, subject to provision made by a qualifying scheme;
make provision about the granting of a new water supply licence on application made by the holder of an old water supply licence.
A qualifying scheme is a scheme that—
is made by the Water Services Regulation Authority, and
contains such provision as is described in sub-paragraph (4).
The provision mentioned in sub-paragraph (3)(b) is—
provision for the revocation of all old water supply licences—
on the first day on which it would be possible for a new water supply licence to come into effect, or
in accordance with arrangements in the scheme and before a day specified in or determined under the scheme,
provision for compensation to be paid by the Water Services Regulation Authority in connection with the revocation under the scheme of an old water supply licence,
provision, in a case where the scheme allows a holder's old water supply licence and new water supply licence to have effect at the same time, for preventing the holder supplying water to premises in reliance on the old water supply licence where—
the premises supplied are the premises of a person who was not a customer of the holder immediately before the grant of the new licence, and
the premises could be supplied with water in reliance on the new water supply licence,
provision for compensation to be paid by the Water Services Regulation Authority in connection with the restriction imposed on an old water supply licence under paragraph (c),
provision about the determination of—
claims for compensation payable under the scheme, and
appeals from the determination of such claims, and
provision satisfying such other requirements as may be specified in a section 91 order, including requirements about the persons who may claim compensation, the measure of compensation and matters by reference to which compensation may be reduced.
Requirements imposed under sub-paragraph (4)(f) may allow the scheme to make provision by virtue of which the compensation payable in a particular case may be nil.
A qualifying scheme may include provision about—
the making of claims for compensation;
the matters to be proved by a claimant.
Sub-paragraphs (4) to (6) are not exhaustive of what may be included in a qualifying scheme.
A section 91 order may make provision for a relevant person specified in the order, or appointed by the Secretary of State, to determine—
claims for compensation payable under a qualifying scheme;
appeals from the determinations of such claims.
In sub-paragraph (8) “relevant person” means—
the Water Services Regulation Authority, except in relation to appeals from the determination of claims for compensation,
the Competition and Markets Authority, or
any other public authority (within the meaning of section 6 of the Human Rights Act 1998).
A section 91 order may provide for functions of the Competition and Markets Authority (“the CMA”) relating to compensation payable under a qualifying scheme to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
Modification of conditions of old water supply licences
Where a section 91 order makes provision for old water supply licences to continue in effect, that provision may include provision for applying new sections 17I to 17R to old water supply licences, with such modifications as appear to the Secretary of State to be appropriate.
Provision under sub-paragraph (1) may include provision for treating a reference to a new water supply licence as including a reference to an old water supply licence.
Provision under sub-paragraph (1) may include provision for treating—
a reference to a standard condition of a new water supply licence as including a reference to a standard condition of an old water supply licence, if the two conditions are in, or as nearly as may be are in, the same terms;
a reference to a standard condition of a new water supply licence giving the holder a new retail authorisation as including a reference to a standard condition of an old water supply licence giving the holder a retail authorisation, if the two conditions are in, or as nearly as may be are in, the same terms;
a reference to a standard condition of a new water supply licence giving the holder a new restricted retail authorisation as including a reference to a standard condition of an old water supply licence giving the holder a retail authorisation, if the two conditions are in, or as nearly as may be are in, the same terms;
a reference to a standard condition of a new water supply licence giving the holder a new wholesale authorisation as including a reference to a standard condition of an old water supply licence giving the holder a supplementary authorisation, if the two conditions are in, or as nearly as may be are in, the same terms.
a reference to a standard condition of a new water supply licence giving the holder a new supplementary authorisation as including a reference to a standard condition of an old water supply licence giving the holder a supplementary authorisation, if the two conditions are in, or as nearly as may be are in, the same terms.
Changes in water supply licensing: Wales
A section 91 order may make provision in connection with the extension of new retail authorisations and new wholesale authorisations to the use of supply systems of water undertakers whose areas are wholly or mainly in Wales, where that extension takes place after the introduction of new water supply licences.
A section 91 order may in particular include provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person holding a new water supply licence who—
following the coming into force of any provision of this Act, is unable to carry on activities that had previously been authorised by a new restricted retail authorisation, or a new restricted retail authorisation and a new supplementary authorisation, given by the licence as a result of—
a new retail authorisation or a new wholesale authorisation or both having been required in respect of them, and
the person's licence not having been varied to add a new retail authorisation or a new wholesale authorisation or both, because the person did not apply to vary the licence, or did not apply to add the appropriate authorisation or authorisations, or because the person's application to vary the licence was refused or granted only as to one authorisation, and
has suffered loss or damage as a result of not having a licence that enables the person to carry on all those activities.
Introduction of sewerage licensing
A section 91 order may make provision in connection with the introduction of sewerage licences.
A section 91 order may in particular include provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person who—
before 31 March 2014 was carrying on any activities in relation to the sewerage system of a sewerage undertaker,
following the coming into force of any provision of this Act—
is unable to continue to carry on those activities as a result of their having been prohibited,
is unable to continue to carry on those activities as a result of a sewerage licence having been required in respect of them, and the person's not having applied for, or the person's having been refused, a sewerage licence, or
is unable to continue to carry on those activities in the same manner as a result of the person's having been granted a sewerage licence the effect of which is to restrict the carrying on of the activities, and
has suffered loss or damage as a result of—
those activities having been prohibited,
a sewerage licence not having been granted, or
those activities having been restricted.
New retail authorisations and the threshold requirement
A section 91 order may make provision for the threshold requirement (see section 17D of the Water Industry Act 1991) to have effect for a relevant period in relation to the supply of water to any premises, where the supply to those premises is made in connection with the introduction of water into the supply system of a water undertaker under a new wholesale authorisation.
Provision under sub-paragraph (1) may in particular include such modifications of Schedule 2A to the Water Industry Act 1991 (forms of authorisations given by water supply licences) as appear to the Secretary of State to be appropriate.
Modifications relating to new wholesale authorisations
Where a section 91 order makes provision as regards new wholesale authorisations, that provision may include provision for provisions of the Water Industry Act 1991 to have effect for a relevant period with such modifications as appear to the Secretary of State to be appropriate.
Provision under sub-paragraph (1) may include provision for applying old provisions of the Water Industry Act 1991 with such modifications as appear to the Secretary of State to be appropriate.
Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66D(2) to (8) for the purpose of determining—a water undertaker's duties under new section 66B or 66C are to be performed.
the period for which, and
the terms and conditions on which,
Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66E for the purpose of determining charges payable in respect of the performance of a water undertaker's duties under new section 66B or 66C.
Provision under sub-paragraph (1) may in particular make provision about the interpretation of references to a water undertaker's supply system, including in particular provision for such references to be treated as references to the supply system of a water undertaker as it is described in old section 17B.
Provision under sub-paragraph (1) may provide for modifications to have effect for different relevant periods.
Provision under sub-paragraph (1) may make provision—
in relation to new wholesale authorisations that authorise the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in England,
in relation to new wholesale authorisations that authorise the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales, or
in relation to new wholesale authorisations that authorise the introduction of water into the supply system of any water undertaker.
Before making provision falling within sub-paragraph (7)(b) or (c), the Secretary of State must consult the Welsh Ministers.
Modifications relating to new supplementary authorisations
Where a section 91 order makes provision as regards new supplementary authorisations, that provision may include provision for provisions of the Water Industry Act 1991 to have effect for a relevant period with such modifications as appear to the Secretary of State to be appropriate.
Provision under sub-paragraph (1) may include provision for applying old provisions of the Water Industry Act 1991 with such modifications as appear to the Secretary of State to be appropriate.
Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66D(2) to (8) for the purpose of determining—a water undertaker's duties under new section 66B or 66C are to be performed.
the period for which, and
the terms and conditions on which,
Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66E for the purpose of determining charges payable in respect of the performance of a water undertaker's duties under new section 66B or 66C.
Provision under sub-paragraph (1) may provide for modifications to have effect for different relevant periods.
Before making provision under this paragraph, the Secretary of State must consult the Welsh Ministers.
Old section 66D agreements and new water supply licences
A section 91 order may include provision for securing that an old section 66D agreement continues to have effect in a case where the person who entered into the agreement as the holder of an old water supply licence is granted a new water supply licence.
Provision under sub-paragraph (1) may provide for the modification of the agreement and may in particular include—
provision for treating a reference in the agreement to the old water supply licence as a reference to the new water supply licence;
provision for treating a reference in the agreement to an authorisation given under the old licence as a reference to an authorisation or authorisations given under the new licence;
provision for the Water Services Regulation Authority to vary the agreement by order, on application by a party to the agreement.
Before making provision under this paragraph in relation to old section 66D agreements to which a water undertaker whose area is wholly or mainly in Wales is party, the Secretary of State must consult the Welsh Ministers.
New section 66E and old section 66D agreements
A section 91 order may provide for new section 66E (rules about charges that may be imposed under a section 66D agreement) to have effect as regards—
charges payable under old section 66D agreements, or
specified descriptions of charges payable under old section 66D agreements.
Provision under sub-paragraph (1) may include provision for making such modifications of—as appear to the Secretary of State to be appropriate.
new sections 66E to 66ED, and
old sections 66A to 66D and 66F,
Provision under sub-paragraph (1) may provide for the modification of old section 66D agreements and may in particular include provision for the Water Services Regulation Authority to vary the agreement by order, on application by a party to the agreement.
Before making provision under this paragraph in relation to the supply of water using the supply system of a water undertaker whose area is wholly or mainly in Wales, the Secretary of State must consult the Welsh Ministers.
Interpretation
In this Schedule—“new restricted retail authorisation” means a restricted retail authorisation given by a new water supply licence;“new retail authorisation” means a retail authorisation given by a new water supply licence;“new supplementary authorisation” means a supplementary authorisation given by a new water supply licence;“new water supply licence” means a water supply licence granted under new section 17A;“new wholesale authorisation” means a wholesale authorisation given by a new water supply licence;“old section 66D agreement” means such agreement or determination as is mentioned in old section 66D(3);“old water supply licence” means a water supply licence granted under old section 17A;“sewerage licence” means a sewerage licence granted under section 17BA of the Water Industry Act 1991.
In this Schedule “relevant period” means—
a period specified in or determined in accordance with a section 91 order, or
a period that—
begins at a time specified in or determined in accordance with a section 91 order, and
ends at such time as the Secretary of State may specify by order.
Before making provision under sub-paragraph (2)(a) or (b)(i) or making an order under sub-paragraph (2)(b)(ii) that affects provision to which paragraph 7(8), 8(6) or 10(4) applies, the Secretary of State must consult the Welsh Ministers.
In this Schedule a reference to an old provision is a reference to a provision of the Water Industry Act 1991 as it has effect before the coming into force of an amendment or repeal of that provision made by this Act.
In this Schedule a reference to a new provision is a reference to—
a provision of the Water Industry Act 1991 after an amendment of that provision made by this Act has come into force, or
a provision of the Water Industry Act 1991 inserted by this Act.
Commencement orders: appropriate authority
In relation to the sections and Schedules listed in the first column of this table, the appropriate authority for the purposes of section 94(3) is as listed in the second column (see paragraph 3 as regards interpretation of terms used in the table)—
The Secretary of State—in relation to wholly or mainly English undertakers, in relation to water supply licensees so far as their licences relate to the use of the supply systems of wholly or mainly English water undertakers, or in relation to sewerage licensees so far as their licences relate to the use of the sewerage systems of wholly or mainly English sewerage undertakers.
The Welsh Ministers—in relation to wholly or mainly Welsh undertakers, in relation to water supply licensees so far as their licences relate to the use of the supply systems of wholly or mainly Welsh water undertakers, or in relation to sewerage licensees so far as their licences relate to the use of the sewerage systems of wholly or mainly Welsh sewerage undertakers.
In the table in paragraph 1—
“wholly or mainly English water undertakers” means water undertakers whose areas are wholly or mainly in England;
“wholly or mainly English sewerage undertakers” means sewerage undertakers whose areas are wholly or mainly in England;
“wholly or mainly English undertakers” means undertakers falling within paragraph (a) or (b);
“wholly or mainly English water supply licensees” means water supply licensees using the supply systems of water undertakers whose areas are wholly or mainly in England;
“wholly or mainly English sewerage licensees” means sewerage licensees using the sewerage systems of sewerage undertakers whose areas are wholly or mainly in England;
“wholly or mainly English licensees” means licensees falling within paragraph (d) or (e);
“wholly or mainly Welsh water undertakers” means water undertakers whose areas are wholly or mainly in Wales;
“wholly or mainly Welsh sewerage undertakers” means sewerage undertakers whose areas are wholly or mainly in Wales;
“wholly or mainly Welsh undertakers” means undertakers falling within paragraph (g) or (h);
“wholly or mainly Welsh water supply licensees” means water supply licensees using the supply systems of water undertakers whose areas are wholly or mainly in Wales;
“wholly or mainly Welsh sewerage licensees” means sewerage licensees using the sewerage systems of sewerage undertakers whose areas are wholly or mainly in Wales;
“wholly or mainly Welsh licensees” means licensees falling within paragraph (j) or (k).
In this Schedule—
references to water undertakers' supply systems are to be construed in accordance with section 17B of the Water Industry Act 1991;
references to sewerage undertakers' sewerage systems are to be construed in accordance with section 17BA(7) of the Water Industry Act 1991.