No quick fix for social science in public health.
For section 17A of the Water Industry Act 1991 there is substituted—
After Schedule 2 to the Water Industry Act 1991 there is inserted the Schedule set out in Schedule 1.
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 references in subsections (1) and (2) to section 17A of the Water Industry Act 1991 are to the section 17A that is to be repealed (by substitution) by section 1 of this Act.
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.
After section 17B of the Water Industry Act 1991 there is inserted—
After Schedule 2A to the Water Industry Act 1991 (inserted by section 1) there is inserted the Schedule set out in Schedule 3.
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.
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.
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)”.
For sections 40 and 40A of the Water Industry Act 1991 (agreements for the bulk supply of water etc) there is substituted—
In sections 40A to 40J of the Water Industry Act 1991 (as substituted by subsection (1))— For these purposes, an old bulk supply agreement is a bulk supply agreement within the meaning of section 40A, as that section had effect before being substituted under subsection (1).
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—
In sections 110B to 110J of the Water Industry Act 1991 (as substituted by subsection (1))—
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).
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)”.
In Part 3 of the Water Industry Act 1991, after Chapter 2A there is inserted—
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 on—.
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 on—.
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 on—.
After subsection (6) insert—
In section 32 of the Water Industry Act 1991 (duty to refer merger of water or sewerage undertaking), for “Subject to section 33 below,” there is substituted “Subject to sections 33 and 33A below,”.
After section 33 (exclusion of small mergers) there is inserted—
After section 33C (inserted by subsection (2)) there is inserted—
In section 33 of the Water Industry Act 1991 (exclusion of small mergers from the duty to make a merger reference under section 32), after subsection (6) there is inserted—
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 section 42 (financial conditions for compliance with the duty in section 41 to provide a water main)—
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 section 46 (duty to carry out ancillary works for the purpose of making a domestic connection under section 45)—
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 or.
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”.
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 or
In Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage), after paragraph 19 there is inserted—
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 ; and
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—