In this month's Bulletin
After section 24 of the Water Resources Act 1991 (c. 57) (in this Act referred to as the “WRA”) there is inserted—
“full licence” has the meaning given in section 24A above; “temporary licence” and “transfer licence” have the meanings given in section 24A above.
Section 25 of the WRA (restrictions on impounding) is amended as provided in subsections (2) to (5).
For subsection (1) there is substituted—
In subsection (2), the words “, in circumstances not constituting such a contravention,” are omitted.
In subsection (5), for “shall not apply to the construction or alteration of any impounding works” there is substituted “ shall not apply in respect of any impounding works ”.
After subsection (8) there is added—
A licence which— is to be taken to satisfy the condition referred to in section 25(1A)(a) of that Act, as inserted by subsection (2), in respect of those impounding works.
has been granted in respect of particular impounding works, for the purposes of section 25 of the WRA, before the coming into force of subsection (2), and
is in force,
In section 64 of the WRA (abstraction and impounding by the Agency), for subsection (1)(b) there is substituted—.
In section 67 of the WRA (ecclesiastical property), in the definition of “the relevant land” in subsection (8), in paragraph (b)(i), after “impounding works” there is inserted “ is, or ”.
In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the definition of “the restriction on impounding works”, for “25(1)” there is substituted “ 25(1)(a) and (b) ”.
Subject to section 3 of this Act, the amendments of the WRA made by this section apply (as regards any act or omission after this section comes into force) with respect to impounding works whenever constructed.
Except as provided in subsection (3), the restriction in section 25(1)(b) of the WRA (as substituted by section 2 of this Act) does not apply in respect of any existing unlicensed impounding works.
With respect to any existing unlicensed impounding works to which, but for subsection (1), that restriction would apply, the appropriate agency may serve a notice on any relevant person requiring him to apply for a licence.
If that person fails to apply for such a licence within— the restriction in section 25(1)(b) of the WRA applies in respect of the impounding works from the expiry of that period.
the period of 28 days beginning with—
the date of service of the notice, or
if an appeal is brought under subsection (4) and the appeal is dismissed, the date when the decision of the appropriate authority is notified to that person, or
such extended period as may be agreed in writing between the appropriate agency and that person,
If the relevant person on whom a notice is served under subsection (2) is aggrieved by the service of that notice, he may by notice appeal to the appropriate authority.
The appropriate authority may by regulations make provision with respect to—
the manner in which notices of appeal under subsection (4) shall be served,
the period within which such notices shall be served,
the procedure on any such appeal.
Where an appeal is brought under subsection (4)—
the appropriate authority may allow or dismiss the appeal or reverse or vary any part of the decision of the appropriate agency, whether the appeal relates to that part of the decision or not, and
the decision of the appropriate authority shall be final.
Subsections (4) to (6) are subject to section 114 of the Environment Act 1995 (c. 25) (delegation or reference of appeals).
On an application for a licence in respect of any existing unlicensed impounding works, section 39(1) of the WRA applies only to the extent that the obstruction or impeding of the flow of inland waters which would, if the licence were granted, be authorised by that licence is to differ in any material respect from that which was taking place at the time the application was made.
If a licence granted in respect of existing unlicensed impounding works is revoked or varied in the circumstances mentioned in section 61 of the WRA (compensation where licence modified on direction of the Secretary of State), subsection (3) of that section shall apply as if that licence had been granted when construction of the impounding works began and had remained in force since then.
Subsection (9) does not apply to a licence granted in respect of existing unlicensed impounding works if, before the effective date, there had occurred any contravention of section 25(1) of the WRA in respect of those impounding works.
Nothing in the preceding subsections affects the application of section 25(1)(a) of the WRA (as substituted by section 2 of this Act) to the alteration, after the effective date, of any existing unlicensed impounding works.
In this section—
“licence” means a licence of the kind referred to in section 25 of the WRA,
in relation to Wales, the Assembly, and
The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned. The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
The Environment Act 1995 is amended as follows. In section 6 (general provisions with respect to water), after subsection (3) there is inserted— In Schedule 22 (amendment of enactments), paragraph 181 is omitted.
The WIA is amended as follows. In section 111 (restrictions on use of public sewers)— In section 213(1) (powers to make regulations), after “or 17D(8)” (which is inserted by paragraph 49(2) of Schedule 8) there is inserted “ or 105A ”.
In section 101 of the Environment Act 1995 (grants in connection with drainage works), subsection (1) is omitted.
Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows. In Part 2 (bodies of which all members are disqualified), there is inserted at the appropriate places— “ The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991. ” “ The Water Services Regulation Authority. ” In Part 3 (other disqualifying offices), the entries relating to the following are omitted—
In the Telecommunications Act 1984, in section 101 (restriction on disclosure of information)—
in subsection (2)(b), for “the Director General of Water Services” there is substituted “ the Water Services Regulation Authority ”,
in subsection (3)(j), at the end there is inserted “ , or the Water Act 2003 ”.
The Water Act 1989 is amended as follows. In section 174 (general restrictions on disclosure of information)— In section 185 (powers to make regulations), in subsection (2), paragraph (a) is omitted. In Schedule 3 (Director General of Water Services), paragraphs 6 and 7 are omitted. In Schedule 4 (customer service committees), paragraph 6 is omitted. In Schedule 25 (amendment of enactments), paragraphs 68(2)(a) and 76(a) are omitted.
The Water Consolidation (Consequential Provisions) Act 1991 is amended as follows. In Schedule 1 (amendment of enactments), paragraphs 10, 28(a) and 29(a) are omitted. In Schedule 2 (transitional and transitory provisions and savings)—
The Competition Act 1998 is amended as follows. In section 54 (regulators), in subsection (1), for paragraph (d) there is substituted—. In Schedule 7 (the Competition Commission), in paragraph 2(1)(d), sub-paragraph (i) is omitted. In Schedule 10 (regulators), the following are omitted— In Schedule 13 (transitional provisions and savings), in paragraph 35(2)(e), for “Director General of Water Services” there is substituted “ Water Services Regulation Authority ”.
In Schedule 9 to the Transport Act 2000 (air traffic: information), in paragraph 3—
in sub-paragraph (2), for paragraph (g) there is substituted—,
in sub-paragraph (3), after paragraph (ra) there is inserted—.
The WRA is amended as follows. In section 203 (exchange of information with respect to pollution incidents etc)— In section 204 (restriction on disclosure of information)—
A transfer scheme may define the property, rights and liabilities to be transferred by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor (or partly in one way and partly in the other).
A transfer scheme may include such supplementary, incidental, transitional and consequential provision as the Secretary of State considers appropriate.
no licence or authorisation of the kind referred to in section 25 of that Act was in force immediately before the effective date, and
If, after the day appointed by a transfer scheme, the transferor and transferee so agree in writing, the scheme shall for all purposes be deemed to have come into force on that day with such modifications as may be agreed. An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include incidental, supplemental, consequential and transitional provision. In this paragraph, “modifications” includes additions, alterations and omissions.
In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place in Part 2 of the Table at the end of paragraph 3 there is inserted— “ Consumer Council for Water. ”
“unlicensed impounding works” means impounding works (as defined in section 25(8) of the WRA) in respect of which—
no licence or authorisation of the kind referred to in section 25 of that Act was in force immediately before the effective date, and
“transfer” means—
has not been rejected in writing by the water undertaker to which it was made.
Section 34(2)
After Schedule 1 to the WIA there is inserted—
has not been withdrawn, and
Section 35(2)
After Schedule 3 to the WIA there is inserted—
Section 36(6)
In this Schedule—
“the effective date” means the date when section 2 of this Act comes into force,
a transfer of functions under section 36 to the Authority, or
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies), for paragraph 1(k) there is substituted—
In Schedule 1 to the Reservoirs Act 1975 (index of general definitions), the entry for “Local authority” is omitted.
In Schedule 1 to the Health Authorities Act 1995 (amendment of enactments), paragraph 120 is omitted.
a transfer of property, rights and liabilities to the Authority or to the Council under section 36, and
Anything done by the transferor for the purpose of or in connection with anything transferred which is in effect immediately before it is transferred shall be treated as if done by the transferee. A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.
The transferee shall be substituted for the transferor in any document relating to anything transferred.
Where a person employed in the civil service of the state becomes an employee of the Council under a transfer scheme, his period of employment in that service counts as a period of employment with the Council for the purposes of the Employment Rights Act 1996 (c. 18) (and the change of employer does not break the continuity of the period of employment for those purposes).
Section 1 of the Metropolis Water Act 1852 (restriction on sources of supply of water to London) shall cease to have effect.
The Land Drainage Act 1991 is amended as follows. In section 16 (which provides for the exercise of certain local authority powers by the Environment Agency), in subsection (2), for “under subsection (3) above” there is substituted “ in exercising those powers ”. In section 55 (powers of internal drainage boards to borrow), in subsection (1)(a), for “in the execution of this Act” there is substituted “ in the exercise or performance of any power or duty under this Act or the Water Resources Act 1991 ”.
Section 56
The WIA is amended as follows.
After Chapter 1 of Part 2 of the WIA there is inserted—
After Chapter 2 of Part 3 of the WIA there is inserted—
The Water Services Regulation Authority (“the Authority”) may, in accordance with this paragraph, modify the conditions of appointment of a company appointed under Chapter 1 of Part 2 of the WIA to be a water undertaker where it considers it necessary or expedient to do so in consequence of the amendments to the WIA made by this Schedule and Schedule 8. Where the Authority modifies under sub-paragraph (1) any conditions of appointment it may make such incidental or consequential modifications as it considers necessary or expedient of other conditions of the appointment. Before making any modifications under sub-paragraph (1) or (2), the Authority shall consult— The powers of the Authority under sub-paragraphs (1) and (2) may not be exercised after the end of the period of two years beginning with the first day on which all of the provisions of this Schedule and Schedule 8. The Secretary of State may give directions to the Authority for the purpose of securing that conditions of appointment are modified in consequence of the amendments to the WIA made by this Schedule and Schedule 8; and the Authority shall comply with any such direction.
Section 85(2)
After Schedule 1 to the Coal Industry Act 1994 (c. 21) there is inserted—
Section 85(2)
After Schedule 1A to the Coal Industry Act 1994 (c. 21) (which is inserted by Schedule 5) there is inserted—
Section 101(1)
“transfer scheme” means a transfer scheme under section 36.
The WRA is amended as follows.
In Schedule 1 to the Superannuation Act 1972, in the list of “Other Bodies” there is inserted at the appropriate place— “ The Consumer Council for Water. ”
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In section 9E of the Company Directors Disqualification Act 1986 (interpretation for the purposes of sections 9A to 9D of that Act), in subsection (2), for paragraph (c) there is substituted—.
The WRA is amended as follows. In section 20 (water resources management schemes), in subsection (2)(c), for “Director General of Water Services” there is substituted “ Water Services Regulation Authority ”. In section 204 (restriction on disclosure of information)— In section 219 (powers to make regulations), in each of paragraphs (a) and (b) of subsection (2), for “the Director” there is substituted “ the Water Services Regulation Authority ”.
In section 59 (information to be kept confidential by the Authority), in subsection (4), after paragraph (o) there is inserted—
In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information)—
in subsection (5), for paragraph (e) there is substituted—,
in subsection (6)(l), at the end there is inserted “ or the Water Act 2003 ”.
In section 34 (regulations with respect to applications under Chapter 2 of Part 2)—
in subsection (1), after “particulars,” there is inserted “ be accompanied by such reports, ”,
in subsection (2), at the end there is added “ , and provision for making such applications available for public inspection. ”.
In section 40 (obligations to take river flow etc into account), in subsection (4)(b), for “neither discrete waters nor waters comprised in an order under section 33 above” there is substituted “ not discrete waters ”.
In section 51 (modification of licence on application of licence holder), after subsection (2) there is inserted—
In section 57 (emergency variation of licences for spray irrigation purposes), in subsection (3), for “neither discrete waters nor inland waters comprised in an order under section 33 above” there is substituted “ not discrete waters ”.
In section 61 (compensation for licence modified on direction of Secretary of State), in subsection (1), for “55” there is substituted “ 56 ”.
In section 66 (inland waters owned or managed by British Waterways Board), subsection (2)(a) is omitted.
Section 67 (ecclesiastical property) is amended as follows. In subsections (1) and (2), after “Where the relevant land belongs to a benefice” there is inserted “ or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land ”. In subsection (8), in the definition of “the relevant land”, for paragraph (a) there is substituted—.
In section 71 (modification of local enactments), in subsection (4), “33,” is omitted.
In section 125 (specific exemptions from water resources charges), subsection (2) is omitted.
In section 206 (making of false statements etc), in subsection (1), after “Act” there is inserted “ or of section 3, 4 or 10 of the Water Act 2003 ”.
In section 217 (criminal liabilities of directors and other third parties), in subsection (1), after “this Act” there is inserted “ or under section 4 of the Water Act 2003 ”.
In section 222 (Crown application), as substituted by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c. 25), after subsection (10) there is added—
For Schedule 6 (which relates to the making of orders providing for exemption from restrictions on abstraction) there is substituted—
“relevant application” means an application which—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation)—
there is inserted at the appropriate places— “ Consumer Council for Water. ” “ Water Services Regulation Authority. ”, and
the entry relating to the Office of the Director General of Water Services is omitted.
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is amended as follows. In Part 2 (bodies of which all members are disqualified), there is inserted at the appropriate places— “ The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991. ” “ The Water Services Regulation Authority. ” In Part 3 (other disqualifying offices), the entries relating to the following are omitted—
In the Airports Act 1986, in section 74 (restriction on disclosure of information)—
in subsection (2)(a), for “the Director General of Water Services” there is substituted “ the Water Services Regulation Authority ”,
in subsection (3)(k), at the end there is inserted “ , or the Water Act 2003 ”.
The WIA is amended as follows. In section 35 (construction of merger provisions), whose insertion into the WIA is provided for by section 70(1) of the Enterprise Act 2002 (c. 40), in subsection (1), in the definition of “water enterprise”, for “water undertaker” there is substituted “ relevant undertaker ”. In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with complaints), for “customer service committee” there is substituted “ regional committee ”. In section 181 (complaints with respect to the exercise of works powers on private land), in subsection (2)(c), for “the appropriate customer service committee” there is substituted “ the Council ”. In section 206 (restrictions on disclosure of information)— In section 208 (directions in the interests of national security), after subsection (3) there is inserted— In section 219(1) (interpretation)—
Section 50 of the Competition and Service (Utilities) Act 1992 (which amends section 2 of the WIA) shall cease to have effect.
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in sub-paragraph (2), for paragraph (j) there is substituted—,
in sub-paragraph (3), after paragraph (gh) there is inserted—.
The Enterprise Act 2002 is amended as follows. In section 136 (investigations and reports on market investigation references), in each of subsections (7)(c) and (8), for “the Director General of Water Services” there is substituted “ the Water Services Regulation Authority ”. In section 168 (regulated markets)— In Schedule 15 (enactments conferring functions in relation to which a public authority may disclose information), at the end there is inserted the following entry— “ Water Act 2003 (c. 37). ”
The WIA is amended as follows.
The Enterprise Act 2002 is amended as follows. In section 168 (regulated markets)— In section 249 (special administration regimes), in subsection (1), after paragraph (a) there is inserted—.
In section 6 (appointment of relevant undertakers), after subsection (5) there is inserted—
Section 18 (orders for securing compliance) is amended as follows. In subsection (1)— After that subsection there is inserted— In subsection (2)— In subsection (4), after paragraph (a)(ii) there is insertedor . In subsection (6)— For subsection (8) there is substituted—
Section 19 (exceptions to duty to enforce) is amended as follows. In subsection (1), after paragraph (a) there is inserted—. In subsection (3), after “paragraph (a),” there is inserted “ (aa), ”.
Section 20 (procedure for enforcement orders) is amended as follows. In subsection (1)— After that subsection there is inserted— In subsection (2), after “subsection (1)” there is inserted “ or (1A) ”.
In section 22 (effect of enforcement order), in subsection (3), after “section 68(1)(a)” there is inserted “ or (1A)(a) ”.
Section 23 (meaning and effect of special administration order) is amended as follows. In subsection (1), after “this Part” there is inserted “ or which is a qualifying licensed water supplier ”. In subsection (2), after “in relation to any company” there is inserted “ holding an appointment under Chapter 1 of this Part ”. After that subsection, there is inserted— in pursuance of a special administration order. After subsection (5), there is inserted—
Section 24 (special administration orders made on special petitions) is amended as follows. After subsection (1), there is inserted— In subsection (2)— For subsection (7) there is substituted—
In section 25 (power to make special administration order on a winding up)—
after “this Part” there is inserted “ or is a qualifying licensed water supplier ”, and
in paragraph (b), after “appointment” there is inserted “ or a qualifying licensed water supplier ”.
In section 26 (restrictions on voluntary winding up and insolvency proceedings), after “this Part” there is inserted “ or is a qualifying licensed water supplier ”.
Section 27 (general duty of Authority to keep matters under review) is amended as follows. In subsection (1), for the words from “water” to the end there is substituted— In subsection (2)— In subsection (4), at the end of paragraph (b) there is insertedor
Section 39A (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, licensed water suppliers using the undertaker’s supply system for the purpose of supplying water to the premises of customers or those customers, ”. After subsection (2) there is inserted— In subsection (3), after “undertaker” there is inserted “ or licensed water supplier ”.
Section 43 (calculation of payments to undertaker in respect of provision of water main) is amended as follows. In subsection (1), for “water charges payable for the use during that year of that main are” there is substituted “ relevant revenue in respect of that main for that year is ”. For subsection (7) there is substituted—
Section 52 (the domestic supply duty) is amended as follows. In subsection (3), at the beginning there is inserted “ Subject to subsection (4A) below, ”. After subsection (4) there is inserted— After subsection (6) there is inserted—
Section 55 (supplies for non-domestic purposes) is amended as follows. After subsection (1) there is inserted— In subsection (8), after “63” there is inserted “ and 63AB ”.
After section 63 there is inserted—
Section 68 (water quality) is amended as follows. In subsection (1)— After that subsection, there is inserted— In subsection (2), for “water supplied by a water undertaker” there is substituted “ where a water undertaker’s supply system is used for the purpose of supplying water to any premises, any water so supplied ”. In subsection (3)— After that subsection there is inserted— In subsection (5), after “undertaker” there is inserted “ and licensed water supplier ”. In the sidenote (and the italic heading immediately preceding it), after “undertakers” there is inserted “ and licensed water suppliers ”.
Section 69 (regulations for preserving water quality) is amended as follows. In subsection (1), for “to take all such steps” there is substituted “ or a licensed water supplier to ensure that such steps are taken ”. In subsection (2)— In subsection (3), for the words from “with respect” to “functions” there is substituted “ imposing obligations on water undertakers or licensed water suppliers with respect to the use for the purposes of or in connection with making relevant supplies ”. In subsection (4)— In subsection (5)— In subsection (6)— After that subsection there is inserted—
Section 70 (offence of supplying water unfit for human consumption) is amended as follows. In subsection (1)— After that subsection there is inserted— In subsection (3)— After that subsection there is inserted—
In section 72 (contamination of water sources), in subsection (5), after paragraph (b) there is inserted; and
In section 73 (offences of contaminating water etc), in subsection (1)—
in the opening words, after “undertaker” there is inserted “ or licensed water supplier ”, and
in paragraph (b), after “undertaker” there is inserted “ or supplier ”.
In section 74 (regulations for preventing contamination etc), in subsection (1)—
in paragraph (b), after “undertaker” there is inserted “ or licensed water supplier ”,
in paragraph (c), after “that undertaker” there is inserted “ or a licensed water supplier ”, and
in paragraph (d), after “undertaker” there is inserted “ or licensed water supplier ”.
Section 75 (power to prevent damage etc) is amended as follows. After subsection (1) there is inserted— After subsection (10) there is inserted—
In section 76 (temporary hosepipe bans), in subsection (1), after “supplied by that undertaker” there is inserted “ or a licensed water supplier ”.
Section 78 (local authority functions in relation to undertaker’s supplies) is amended as follows. In subsection (1)(a), after “undertaker” there is inserted “ , or by a licensed water supplier using that undertaker’s supply system, ”. After subsection (2), there is inserted—
Section 86 (enforcement of water quality) is amended as follows. In subsection (1)(b), for “by a water undertaker” there is substituted “ using a water undertaker’s supply system ”. In subsection (2)(a)(i), for the words from “by” to “above” there is substituted “ or a licensed water supplier by or under any of sections 68, 69 and 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section ”. In subsection (3), after “undertaker” there is inserted “ , licensed water supplier or other relevant person (as defined in section 70(1A) above) ”. In subsection (4), for paragraph (c) there is substituted— In subsection (6), after “undertaker” there is inserted “ , licensed water supplier or other relevant person ”.
In section 93(1) (interpretation of Part 3), in the definition of “private supply”, after “undertaker” there is inserted “ or by a licensed water supplier in accordance with Chapter 1A of Part 2 of this Act ”.
In section 93A (duty to promote the efficient use of water), in the following provisions— after “undertaker” there is inserted “ or licensed water supplier ”.
subsection (1),
subsection (2), and
subsection (3),
Section 93B (power to impose requirements in connection with section 93A) is amended as follows. In subsection (1), after “undertaker” there is inserted “ or licensed water supplier ”. In subsection (2)— In subsection (3), in paragraphs (a) and (b), after “undertaker” there is inserted “ or licensed water supplier ”. In subsection (4)— In subsection (5)— In subsection (6)—
Section 93C (publicity) is amended as follows. In subsection (1)— In subsection (2), in paragraph (b), after “undertaker” there is inserted “ or supplier ”.
Section 93D (information as to compliance) is amended as follows. In subsection (1)— In subsection (2), in paragraph (b), after “undertaker” there is inserted “ or supplier ”. In subsection (3)— In subsection (4), after “water undertaker” there is inserted “ or licensed water supplier ”.
In section 148 (restriction on charging for metering works), in subsection (2), after paragraph (c) there is inserted—.
In section 150 (fixing maximum charges for services provided with the help of undertakers' services), after subsection (1) there is inserted—
In section 152 (grants for national security purposes), in subsection (1), after “relevant undertakers” there is inserted “ and licensed water suppliers ”.
In section 158 (powers to lay pipes in streets), in subsection (7)(a), after “trunk main” there is inserted “ but not including a pipe laid in pursuance of section 66B(3)(a)(ii) above which is used for the purpose of supplying water other than for domestic or food production purposes or laid in pursuance of section 66B(3)(a)(iii) above ”.
Section 162 (works in connection with metering) is amended as follows. In subsection (1A), in paragraph (a) at the end there is inserted “ or ”. In that subsection, after paragraph (c) there is insertedor After that subsection there is inserted—
In section 163 (power to fit stopcocks), in subsection (1), after “by the undertaker” there is inserted “ or a licensed water supplier ”.
Section 174 (offences of interference with works) is amended as follows. After subsection (1) there is inserted— In subsection (2)— After that subsection there is inserted— In subsection (3), in paragraph (c), for “section” there is substituted “ subsection ”. After that subsection there is inserted— In subsection (4)— After subsection (5) there is inserted— After subsection (8) there is inserted— In subsection (9), for “ “consumer” and “water fitting” have the same meanings” there is substituted “ “water fitting” has the same meaning ”.
Section 175 (offence of tampering with meter) is amended as follows. In subsection (1)(a), after “undertaker” there is inserted “ or licensed water supplier ”. In subsection (2), for the words from “consent” to the end there is substituted “ appropriate consent ”. After that subsection there is inserted—
Section 179 (vesting of works in undertaker) is amended as follows. In subsection (1), for the words from “subsection” to “vested” there is substituted “ subsections (1A) and (3) below ”. After that subsection there is inserted—
Section 195 (maintenance of register for the purposes of Part 2) is amended as follows. In subsection (2), after paragraph (a) there is inserted—. In that subsection, after paragraph (b) there is inserted—. In that subsection, after paragraph (f) (inserted by section 48(2)) there is insertedand After subsection (3) there is inserted—
Section 201 (publication of information and advice) is amended as follows. as it may In subsection (2), at the end there is inserted “ or a licence under Chapter 1A of that Part ”.
Section 202 (duty to furnish the Secretary of State with information) is amended as follows. After subsection (1) there is inserted— In subsection (4), in paragraph (c), at the end there is inserted “ or licences under Chapter 1A of that Part ”. In subsection (5), after “undertaker” there is inserted “ or licensed water supplier ”.
Section 203 (power to acquire information for enforcement purposes) is amended as follows. In subsection (1), for the words from “that a company” to “section 18 above” there is substituted—. In subsection (7)—
Section 205 (exchange of metering information) is amended as follows. In subsection (1)— In subsection (2)— For subsection (3) there is substituted—
Section 206 (restriction on disclosure of information) is amended as follows. In subsection (3), at the end of paragraph (b) there is inserted “ or by a licensed water supplier of any of the duties imposed on it by or under this Act ”. In that subsection, in paragraph (c), for “203(1) or (2)” there is substituted “ 203(1), (1A), (2) or (2A) ”. In subsection (5), in paragraph (a), after “undertaker” there is inserted “ , or with the carrying on by a licensed water supplier of activities under its licence, ”.
Section 208 (directions in the interests of national security) is amended as follows. In subsections (1) and (2)— In subsection (3), after “relevant undertaker”, in both places where it appears, there is inserted “ or licensed water supplier ”.
Section 213 (power to make regulations) is amended as follows. In subsection (1), after “section 8(1) or (2)” there is inserted “ or 17D(8) ”. In subsection (2)(a), after “sewerage undertaker” there is inserted “ or licensed water supplier ”.
Section 219 (general interpretation) is amended as follows. In subsection (1)— After subsection (4) there is inserted—
Schedule 2 (transitional provision on termination of appointments) is amended as follows. In paragraph 1, in sub-paragraph (1), for “and (3)” there is substituted “ to (3A) ”. In that paragraph, in paragraph (a) of sub-paragraph (3), after “company” there is inserted “ holding an appointment under Chapter 1 of this Part ”. In that paragraph, after that sub-paragraph there is inserted— In that paragraph, in sub-paragraph (4)— In paragraph 2, after sub-paragraph (7) there is inserted— In paragraph 3, after sub-paragraph (6) there is inserted— After paragraph 4 there is inserted— In paragraph 5, after sub-paragraph (2) there is inserted— In paragraph 6, after sub-paragraph (8) there is inserted—
Schedule 3 (special administration orders) is amended as follows. In paragraph 4— In paragraph 10(2)—
Section 101(1)
was made before the passing of this Act,
Section 174 of the Water Act 1989 (general restrictions on disclosure of information) is amended as follows. In paragraph (b) of subsection (2), for “or a sewerage undertaker” there is substituted “ , sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 ”. In paragraph (c) of that subsection, for “203(1) or (2)” there is substituted “ 203(1), (1A), (2) or (2A) ”. In subsection (6)(a), after “sewerage undertaker” there is inserted “ , or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence, ”.
In Schedule 7 to the Competition Act 1998, in paragraph 19A(9), in the definition of “special reference group”, in paragraph (g), for “or 14” there is substituted “ , 14 or 17K ”.
Section 101(2)
Title and reference Extent of repeal Water Resources Act 1991 (c. 57) In section 21(9), the words from “and in that subsection” to the end. In section 25(2), the words “, in circumstances not constituting such a contravention,”. Section 28. Section 29(3). Sections 30 and 31. Section 33. Section 36. Section 39(3). In section 47, in subsection (1), the words “to abstract water”; and subsection (3). Sections 49 and 50. Section 52(8). Section 223.
Title and reference Extent of repeal Water Industry Act 1991 (c. 56) Section 1. Section 12(3)(b)(i), (4) and (5). Section 14(8) and (8A). Section 28. Section 30. In section 39, in each of subsections (1)(b) and (3)(b), the word “and” at the end of sub-paragraph (i). In section 96, in each of subsections (1)(b) and (3)(b), the word “and” at the end of sub-paragraph (i). Sections 193 and 194. In section 195(2), the word “and” at the end of paragraph (d). Schedule 1. Schedule 4. Utilities Act 2000 (c. 27) In section 104(1), the word “or” at the end of paragraph (a).
Title and reference Extent of repeal or revocation Metropolis Water Act 1852 (c. 84) Section 1. Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry relating to the Office of the Director General of Water Services. Reservoirs Act 1975 (c. 23) In section 22(1), the word “or” at the end of paragraph (a). In Schedule 1, the entry for “Local authority”. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entry relating to the Chairman of a customer service committee maintained under section 28 of the Water Industry Act 1991, and the entry relating to the Director General of Water Services. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Schedule 1, in Part 3, the entry relating to the Chairman of a customer service committee maintained under section 28 of the Water Industry Act 1991, and the entry relating to the Director General of Water Services. Water Act 1989 (c. 15) Section 185(2)(a). In Schedule 3, paragraphs 6 and 7. In Schedule 4, paragraph 6. In Schedule 25, paragraphs 68(2)(a) and 76(a). Environmental Protection Act 1990 (c. 43) Section 78A(5)(c). Water Industry Act 1991 (c. 56) In section 44(5), the words “for any locality”. In section 69, in subsection (2)(d), the words “by that undertaker”; and in subsection (5), the words “require a water undertaker”, and the word “and” at the end of paragraph (a). In section 86(1), the words “as technical assessors”. In section 98(5), the words “in a particular locality”. In section 101A(2), in paragraph (a), the words from “each of which” to the end of the paragraph; and in paragraph (c), the words “in respect of which the condition specified in paragraph (a) above is satisfied”. In section 102(1)(a), the word “or” at the end of paragraph (a). In section 103(1)(a), the word “or” at the end of paragraph (a). Section 104(6). Section 138(5). In section 219(1), the definition of “the Director”. Schedule 7. Water Resources Act 1991 (c. 57) Section 66(2)(a). In section 71(4), “33,”. Section 77(4). Section 79A(8). Section 125(2). Sections 147 to 149. In section 221(1), in paragraph (a)(ii) of the definition of “flood defence provisions”, the words “147 to 149,”. In Schedule 10, in paragraph 11, in each of sub-paragraphs (2) and (3), the words “, subject to sub-paragraph (4) below,”; sub-paragraph (4); and in sub-paragraph (9), the words “(6) or”. Water Consolidation (Consequential Provisions) Act 1991 (c. 60) In Schedule 1, paragraphs 10, 28(a) and 29(a). Competition and Service (Utilities) Act 1992 (c. 43) Section 50. Health Authorities Act 1995 (c. 17) In Schedule 1, paragraph 120. Environment Act 1995 (c. 25) Section 101(1). In Schedule 4, in paragraph 1(1), the word “or” at the end of paragraph (a); and in paragraph 1(5), the word “and” at the end of paragraph (b). In Schedule 22, paragraph 181. Competition Act 1998 (c. 41) In Schedule 7, paragraph 2(1)(d)(i). In Schedule 10, paragraphs 5(3) and 13(2) and (3). National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) In Schedule 1, in the entry relating to the WIA— in the paragraph relating to functions under sections 2, 5 (etc), the references to section 2, sections 18 to 22, sections 68 to 70, section 93A and section 205, the paragraph relating to section 28(4).
In section 114 of the Environment Act 1995 (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a), after paragraph (viii) there is inserted—.
“the appropriate authority” means—
in relation to Wales, the Assembly, and
Without prejudice to the appropriate agency's power under subsection (2) of section 3, where it appears to the appropriate agency to be necessary for— the appropriate agency may serve a works notice on any relevant person with respect to any existing unlicensed impounding works of the kind mentioned in subsection (2) of that section.
the protection of the environment, or
the performance of its functions in connection with the management of water resources,
For the purposes of subsection (1), a works notice is a notice requiring the person on whom it is served to carry out such works or operations in relation to the impounding works as—
appear to the appropriate agency to be required for the purposes mentioned in subsection (1)(a) or (b), and
are specified in the notice.
The following provisions of the WRA apply in relation to works notices under this section as they apply in relation to notices referred to in those provisions— including any power to make regulations or give directions, but references in those provisions to the Secretary of State shall be treated as references to the appropriate authority.
subsections (5) to (9) of section 25A (as inserted by section 30 of this Act), and
sections 161B and 161C,
If a person on whom the appropriate agency serves a notice under this section fails to comply with any of its requirements, he shall be guilty of an offence.
A person who commits an offence under subsection (4) shall be liable —
on summary conviction, to a fine not exceeding £20,000,
on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine
If a person on whom a works notice has been served under this section fails to comply with any of its requirements, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it.
If the appropriate agency is of the opinion that proceedings for an offence under subsection (4) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
In this section, “the appropriate authority”, “existing unlicensed impounding works” and “relevant person” have the meanings given in section 3.
For section 26 of the WRA (rights of navigation, harbour and conservancy authorities) there is substituted—
For section 27 of the WRA (rights to abstract small quantities) there is substituted—
Section 28 of the WRA shall cease to have effect.
Section 29 of the WRA (rights to abstract for drainage purposes etc) is amended as follows.
After subsection (1) there is inserted—
For subsection (2) there is substituted—
Subsection (3) is omitted.
For subsection (5) there is substituted—
Subsections (2) to (6) make amendments to the WRA consequential on the amendments made by section 7.
In section 21 (minimum acceptable flows)—
in subsection (9), the words from “and in that subsection” to the end are omitted,
after subsection (9) there is added—
Sections 30 (notices with respect to borings not requiring licences) and 31 (appeals against notices under section 30) shall cease to have effect.
In section 70 (civil liability under Chapter 2), for “24, 25 and 30” there is substituted “ 24 and 25 ”.
In section 199 (notice of mining operations which may affect water conservation)—
for subsections (2) and (3) there is substituted—,
in subsection (4), for “conservation notice given by virtue of” there is substituted “ notice under ”.
After section 199 there is inserted—
In section 114 of the Environment Act 1995 (c. 25) (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a)(v), for “or 191B(5)” there is substituted “ , 191B(5) or 199A ”.
After section 33 of the WRA there is inserted—
The appropriate authority may by order revoke—
any order made under section 33 of the WRA (power to provide for further rights to abstract),
any order made under any local or private Act which provides for any exception from— or for an exception which has the effect of such an exception.
the restriction on abstraction (within the meaning of Chapter 2 of Part 2 of the WRA), or
that restriction and the one imposed by section 24(2) of the WRA,
An order of a kind referred to in paragraph (a) or (b) of subsection (1) is referred to below in this section as an “exception order”.
In this section, “the appropriate authority” means— and references in this section (however expressed) to the revocation of an exception order are to be construed accordingly.
in relation to the revocation of an exception order which relates to inland waters or underground strata which are wholly in England, the Secretary of State,
in relation to the revocation of an exception order which relates to inland waters or underground strata which are wholly in Wales, the Assembly,
in relation to the revocation of an exception order which relates to inland waters or underground strata which are partly in England and partly in Wales—
the Secretary of State, in relation to the English part,
the Assembly, in relation to the Welsh part,
Subject to subsection (3)(c), an order under this section may revoke the exception order either wholly, or only in relation to—
any one or more areas of inland waters specified in the order under this section or any class of inland waters so specified, or
any underground strata described in the order under this section in any way mentioned in section 33(2)(b) of the WRA or any other way.
An order under this section may make provision, subject to any conditions or limitations specified in the order—
for the restriction on abstraction (and, in the case of abstractions from underground strata, the other restrictions in section 24 of the WRA) to continue not to apply to an abstraction despite the revocation of the exception order,
for a person to continue to be taken to have a right to abstract water, for the purposes of Chapter 2 of Part 2 of the WRA, to the same extent he was taken to do so under the exception order,
for the payment by the appropriate agency of compensation, in cases specified in the order, to any person who suffers loss or damage as a result of the revocation of the exception order.
If an order under this section provides as mentioned in subsection (5)(a), the order must also say whether or not the exemption so provided for is to be counted cumulatively with any other exemption which a person has by virtue of section 27 or 33A of the WRA.
If an order made under subsection (1)(b) revokes the exception order wholly, or wholly so far as it is not already revoked, the order under subsection (1)(b) may also repeal so much of the local or private Act as constitutes the power to make the exception order.
The procedure provided for by section 33 of and Schedule 6 to the WRA, or (as the case may be) any corresponding procedure provided for by the local or private Act in question, does not apply in relation to an order under this section.
The power of the Assembly to make an order by virtue of subsection (3)(b) or (c)(ii) of this section is to be treated as if it were a relevant transferred environmental function for the purposes of paragraph 6 of Schedule 3 to the Government of Wales Act 1998 (c. 38) (intervention in case of functions relating to water).
No order may be made under this section before the coming into force of section 6 of this Act.
Section 33 of the WRA shall cease to have effect; but (subject to the provisions of this section) any order under section 33 of the WRA which was in force immediately before its repeal shall continue in force despite the repeal.
In this section, “inland waters” and “underground strata” have the meanings given in section 221(1) of the WRA.
Section 35 of the WRA (restrictions upon who may apply for abstraction licences) is amended as follows.
For subsections (2) and (3) there is substituted—
In subsection (4)—
for “is the occupier of” there is substituted “ will have a right of access to ”, and
in paragraph (a), for “occupy” there is substituted “ a right of access to ”.
Section 36 of the WRA (combined abstraction and impounding licences) shall cease to have effect.
After section 36 of the WRA there is inserted—
In section 41 of the WRA (Secretary of State’s power to call in applications), after subsection (2) there is added—
In section 45 of the WRA (regulations with respect to appeals)—
in subsection (1), after “against decisions” there is inserted “ of the Agency under section 36A above or ”,
after subsection (2) there is inserted—
In section 114 of the Environment Act 1995 (c. 25) (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a)(v), after “section” there is inserted “ 36A, ”.
For section 37 of the WRA (publication of application for licence) there is substituted—
After section 37 of the WRA there is inserted—
The WRA is further amended as follows—
in section 38 (general consideration of applications)—
in subsection (1), for “for the purposes of the application in accordance with section 37(5)” there is substituted “ in the notice referred to in section 37(4)(b) ”,
after subsection (3) there is added—,
in section 42 (consideration of called-in applications), in subsection (3)(a), for “37(4)(b) and (6)(a)” there is substituted “ 37 ”,
in section 43 (appeals to Secretary of State), in subsection (5), for “for the purposes of the application in accordance with section 37(5)” there is substituted “ in any such notice as is referred to in section 37(4)(b) ”,
in section 66 (inland waters owned or managed by British Waterways Board), in sub-paragraph (ii) of subsection (2)(c), for the words from “subsection (1)” to the end of that sub-paragraph there is substituted “ paragraphs (b) and (c), and the succeeding words, of subsection (3) of that section were omitted. ”
Section 38 of the WRA (general consideration of licence applications) is amended as follows.
After subsection (1) there is inserted—
In subsection (3), after “regard to” there is inserted “ all the relevant circumstances, including any duty imposed by or under any enactment on bodies having functions in relation to inland waters (for example, navigation authorities and internal drainage boards), and shall have regard in particular to ”.
Section 39 of the WRA (obligation to have regard to existing rights and privileges) is amended as provided in subsections (2) to (5).
In subsection (1), at the beginning there is inserted “ Subject to subsection (1A) below, ”.
After subsection (1) there is inserted—
Subsection (3) is omitted.
In subsection (4), for “section 27(6) above or, as the case may be, section 48(1) below” there is substituted “ (as the case may be) section 39A(2) or (7), 48(1) or 59C(10) below or section 102(3) of the Water Act 2003, or in a provision made in an order by virtue of section 10(5)(b) of that Act, in each case subject to any limitations mentioned there ”.
In section 42 of the WRA (consideration of called-in applications)—
in subsection (4), at the beginning there is inserted “ Subject to subsection (4A) below, ”, and
after subsection (4) there is inserted—
In section 44 of the WRA (determination of appeals)—
in subsection (4), at the beginning there is inserted “ Subject to subsection (4A) below, ”, and
after subsection (4) there is inserted—
After section 39 of the WRA there is inserted—
In section 72 of the WRA (interpretation of Chapter 2), in the entry for “protected right” in subsection (1), for “section 39(3)” there is substituted “ section 39A ”.
After section 39A of the WRA (inserted by section 17) there is inserted—
Section 46 of the WRA (form and contents of licences) is amended as provided in subsections (2) to (5).
In subsection (2), for the words before paragraph (a) there is substituted “ Every full licence under this Chapter shall, and any other licence under this Chapter to abstract water may, make— ”.
After subsection (2) there is inserted—
For subsections (4) and (5) there is substituted—
In subsection (7), for “or by different means” there is substituted “ , by different means or for different purposes ”.
In section 47 of the WRA (holders of licence), in subsection (1), the words “to abstract water” are omitted.
After section 46 of the WRA there is inserted—
Section 51 of the WRA (modification of licence on application of licence holder) is amended as follows.
In subsection (1), after “Chapter” there is inserted “to abstract water”.
After subsection (1) there is inserted—
In section 114 of the Environment Act 1995 (c. 25) (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a)(v), after “43,” there is inserted “ 51, ”.
The amendments made by this section apply (as regards any act or omission after this section comes into force) in respect of impounding licences, regardless of when the impounding works were constructed.
Section 52 of the WRA (proposals for modification of licences at the instance of the Agency or the Secretary of State) is amended as follows.
After subsection (1) there is inserted—
In subsection (4), for paragraph (b) there is substituted—
In subsection (5), for “otherwise than in the London Gazette” there is substituted “ as mentioned in subsection (4)(b) above ”.
For subsection (6) there is substituted—
For subsection (7) there is substituted—
Subsection (8) is omitted.
After section 59 of the WRA there is inserted—
In section 47 of the WRA (holders of licence)—
for subsection (2) there is substituted—,
subsection (3) is omitted.
In section 189 of the WRA (register of abstraction and impounding licences), in subsection (1)(b), for the words from “section 49” to the end there is substituted “ section 59A, 59B or 59C above ”.
Sections 49 and 50 of the WRA (which relate to the succession to licences to abstract water) shall cease to have effect.
Subsection (4) does not affect the succession to a licence to abstract water where the death or other act or event referred to in section 49(2)(a) or 50(1)(a) or (b) of the WRA occurred before the coming into force of that subsection, and section 49 of the WRA or (as applicable) any regulations under section 50 of the WRA which were in force immediately before the coming into force of subsection (4) are to continue to have effect in relation to such a case despite the repeal of the applicable section.
After section 48 of the WRA there is inserted—
In section 48 of the WRA (general effect of licence), in subsection (2), after “supply” there is inserted “ (other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply) ”.
In relation to loss or damage suffered before the coming into force of this section—
section 48A of the WRA inserted by subsection (1) of this section does not apply, and
section 48 of, and paragraphs 1(2) and 2 of Schedule 7 to, the WRA continue to have effect as if subsection (2) of this section were not in force.
Section 61 of the WRA (compensation where licence modified on direction of the Secretary of State) is amended in accordance with subsections (2) and (3).
In subsection (4), for “seven” there is substituted “ four ”.
After subsection (4) there is inserted—
The amendment made by subsection (2) has effect in relation to the revocation or variation of a licence only if the period referred to in section 61(4) of the WRA during which no water was abstracted in pursuance of the licence began after the coming into force of that subsection.
After section 61 of the WRA there is inserted—
This section applies where—
a licence to abstract water is revoked or varied on or after 15th July 2012 in pursuance of a direction under section 54 or 56 of the WRA (which provide for the Secretary of State to direct the appropriate agency to revoke or vary a licence in certain circumstances);
the licence was granted before the coming into force of section 19 of this Act;
the licence is one which is expressed to remain in force until revoked; and
the ground for revoking or varying the licence is that the Secretary of State is satisfied that the revocation or variation is necessary in order to protect from serious damage— or any flora or fauna dependent on any of them.
any inland waters,
any water contained in underground strata,
any underground strata themselves,
Where this section applies, no compensation is payable under section 61 of the WRA in respect of the revocation or variation of the licence.
Expressions used in sub-paragraphs (i), (ii) and (iii) of subsection (1)(d) are to be construed in accordance with section 221 of the WRA; and “waters”, in relation to a lake, pond, river or watercourse which is for the time being dry, includes its bottom, channel or bed.
This section does not apply in respect of a licence revoked or varied on or after 1 January 2028 if the licence is a “relevant licence” within the meaning of section 61ZA of the Water Resources Act 1991.
After section 20 of the WRA there is inserted—
After section 20A of the WRA (inserted by section 28) there is inserted—
After section 25 of the WRA there is inserted—
After section 20B of the WRA (inserted by section 29 of this Act) there is inserted—
In section 38 of the WRA (general consideration of applications), in subsection (3), after paragraph (b) there is inserted— “ and may have regard to any failure on the part of the applicant to make an application under section 40 of the Water Industry Act 1991 pursuant to a proposal made by the Agency under section 20C above. ”.
Section 223 of the WRA (exemption of visiting forces from restrictions on abstraction etc) shall cease to have effect.
The relevant WRA provisions apply to (or in relation to) the following sections of this Act (the “applicable sections”) as they apply to (or in relation to) Part 2 or, as the case may be, Chapter 2 of Part 2 of the WRA—
section 3 (existing impounding works),
section 4 (existing impounding works: works notices), and
section 10 (orders under section 33 of the WRA, etc).
Accordingly, in the relevant WRA provisions—
references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be read as if the applicable sections were included in that Part or that Chapter,
references to the related water resources provisions are to be read as if those provisions meant, in relation to the applicable sections, the relevant WRA provisions other than section 222 of the WRA, and
references to the Secretary of State are to be read as references to the appropriate authority (as defined, in each case, in the applicable section in question).
The “relevant WRA provisions” are the following provisions of the WRA—
section 120 (contributions between the appropriate agency and certain other authorities),
section 158 (works agreements for water resources purposes),
section 201 (power to require information in respect of water resources functions), as substituted by section 70 of this Act,
section 216 (enforcement: powers and duties),
section 222 (Crown application), as in force immediately before the substitution made by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c. 25) and for so long as the substituted section 222 does not apply to Part 2 of the WRA.
Section 220 of the WRA (provisions relating to service of documents) applies to documents required or authorised by virtue of any of the applicable sections to be served on any person as it applies to documents required or authorised to be served by virtue of the WRA.
References in the WRA to the functions (generally) of the Environment Agency or of the Natural Resources Body for Wales, whether framed by reference to the appropriate agency or otherwise, are to be read as including the Agency’s or, as the case may be, the Natural Resources Body for Wales', functions under the applicable sections.
After section 1 of the Water Industry Act 1991 (c. 56) (in this Act referred to as the “WIA”) there is inserted—
Schedule 1 (which inserts the new Schedule 1A into the WIA) is to have effect.
The office of Director General of Water Services is abolished.
Section 1 of, and Schedule 1 to, the WIA (which make provision in relation to the Director General of Water Services) shall cease to have effect.
After section 27 of the WIA there is inserted—
Schedule 2 (which inserts the new Schedule 3A into the WIA) is to have effect.
The customer service committees established under section 28(1) of the WIA are abolished.
Section 28 of, and Schedule 4 to, the WIA shall cease to have effect.
The functions of the Director General of Water Services are transferred to the Water Services Regulation Authority.
Subject to any express amendment made by this Act, each reference to the Director General of Water Services (or to him as the Director) in the WIA (however the reference is expressed) is to have effect as a reference to the Water Services Regulation Authority (or, as the case may be, the Authority), and accordingly in the WIA “he”, “him” and cognate expressions, in relation to the Director General of Water Services, are to have effect as “it” (or the appropriate equivalent) in relation to the Water Services Regulation Authority.
The Secretary of State may make one or more schemes (“transfer schemes”) for the transfer of the property, rights and liabilities of the Director General of Water Services to the Water Services Regulation Authority (referred to below in this Part as “the Authority”) or to the Consumer Council for Water (referred to below in this Part as “the Council”).
A transfer scheme may provide for the transfer to the Council of rights and liabilities relating to persons employed in the civil service of the state.
On the day appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.
Schedule 3 is to have effect in relation to transfer schemes and transfers under this section.
In this section “payment conditions” means conditions included in an appointment under Chapter 1 of Part 2 of the WIA by virtue of section 11(1)(c) of that Act.
The payment conditions of such an appointment may (without prejudice to the generality of section 11(1)(c)) require the payment by the company holding the appointment of sums relating to any of the expenses mentioned in subsection (3).
Those expenses are—
the expenses of the Council, and
the expenses of the Authority, the Secretary of State or the Assembly in relation to the establishment of the Council.
The Authority may, in accordance with this section, modify any payment conditions where it considers it necessary or expedient to do so in consequence of, or of preparations for—
the establishment of the Council, or
the abolition of the customer service committees established under section 28(1) of the WIA.
Where the Authority modifies under subsection (4) any payment conditions of an appointment it may make such incidental or consequential modifications as it considers necessary or expedient of the other conditions included in the appointment.
Before modifying under subsection (4) or (5) the conditions included in such an appointment, the Authority shall consult the company holding the appointment.
The powers of the Authority under subsections (4) and (5) may not be exercised after the end of the period of two years beginning with the commencement of this section.
The Secretary of State may, after consulting the Assembly, give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (3) are included in the sums payable by virtue of payment conditions; and the Authority shall comply with any such direction.
If this section comes into force before the coming fully into force of section 36(1), references in this section to the Authority are to be read as including references to the Director General of Water Services.
Before section 193 of the WIA there is inserted—
Sections 193 and 194 of the WIA (which make provision about annual and other reports by the Director General of Water Services and customer service committees) shall cease to have effect.
Section 2 of the WIA (general duties with respect to water industry) is amended as follows.
In paragraph (a) of subsection (1), after “relevant undertakers” there is inserted “ and of licensed water suppliers ”.
For subsection (2) there is substituted—
For subsections (3) and (4) there is substituted—
“consumers” includes both existing and future consumers; and “the interests of consumers” means the interests of consumers in relation to—
In subsection (6), for paragraphs (a) and (b) there is substituted—.
In subsection (6A), for “Subsections (2) to (4) above” there is substituted “ Subsections (2A) to (4) above and section 2A below ”.
In subsection (6B), for “subsections (2) to (4) above” there is substituted “ subsections (2A) to (4) above and section 2A below ”.
After subsection (6B) there is added—
After section 2 of the WIA there is inserted—
Section 39 of the WIA (procedure for making regulations relating to performance standards in connection with water supply) is amended as follows.
Before subsection (1) there is inserted—
In subsection (1)—
for the words preceding paragraph (a), and paragraph (a), there is substituted “ Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 38 above if— ”,
in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is inserted—,
in paragraph (c)(ii), for “(b)(ii)” there is substituted “ (b) ”.
In subsection (2)—
in paragraph (a), for “draft provisions proposed by the Director for inclusion in” there is substituted “ the Authority’s proposals for the making of ”,
in paragraph (b), for “those provisions” there is substituted “ the regulations ”.
In subsection (3)—
for “under section 38 above” there is substituted “ on an application by the Authority under this section ”,
in paragraph (a), for “the provisions proposed by the Director in his application or those provisions” there is substituted “ those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals ”,
in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is insertedand
After subsection (3) there is added—
Section 96 of the WIA (procedure for making regulations relating to performance standards in connection with sewerage services) is amended as follows.
Before subsection (1) there is inserted—
In subsection (1)—
for the words preceding paragraph (a), and paragraph (a), there is substituted “ Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 95 above if— ”,
in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is inserted—,
in paragraph (c)(ii), for “(b)(ii)” there is substituted “ (b) ”.
In subsection (2)—
in paragraph (a), for “draft provisions proposed by the Director for inclusion in” there is substituted “ the Authority’s proposals for the making of ”,
in paragraph (b), for “those provisions” there is substituted “ the regulations ”.
In subsection (3)—
for “under section 95 above” there is substituted “ on an application by the Authority under this section ”,
in paragraph (a), for “the provisions proposed by the Director in his application or those provisions” there is substituted “ those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals ”,
in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is insertedand
After subsection (3) there is added—
After section 27B of the WIA (which is inserted by section 35) there is inserted—
Before section 30A of the WIA there is inserted—
After section 27G of the WIA (which is inserted by section 43) there is inserted—
After section 38A of the WIA there is inserted—
After section 95A of the WIA there is inserted—
For section 29 of the WIA (duties of customer service committees) there is substituted—
Section 30 of the WIA (duties of Director with respect to complaints) shall cease to have effect.
After section 29 of the WIA there is inserted—
After section 22 of the WIA there is inserted—
In section 195 of the WIA (keeping of a register), in subsection (2), the “and” at the end of paragraph (d) is omitted, and after paragraph (e) there is inserted—.
The WIA is amended as follows.
In section 18 (orders for securing compliance with certain provisions)—
in subsection (1)(b), for “has contravened any such condition or requirement and is likely to do so again” there is substituted “ is likely to contravene any such condition or requirement ”,
for subsection (4)(a)(ii) there is substituted—.
In section 20 (procedure for orders made under section 18), in subsections (1)(c) and (4)(b), for “twenty-eight” there is substituted “ twenty-one ”.
Subsection (3) does not have effect in relation to—
a provisional order which has been made before the commencement of that subsection, or
a final order in respect of which notice has been given under section 20(1) of the WIA before the commencement of that subsection.
After section 35 of the WIA there is inserted—
After section 195 of the WIA there is inserted—
This section imposes duties on each of the following—
the Secretary of State,
the Assembly,
the Environment Agency, ...
the Water Services Regulation Authority.
the Natural Resources Body for Wales, and
It is the duty of each of those mentioned in subsection (1) to make arrangements with each of the others with a view to promoting, in the case of each pair of them—
co-operation and the exchange of information between them, and
consistency of treatment of matters which affect both of them.
That duty relates only—
in the case of the Water Services Regulation Authority, to its functions under the WIA relating to the regulation of water and sewerage undertakers and licensed water suppliers,
in the case of the Secretary of State and the Assembly, to their functions of the description referred to in paragraph (a), and to their functions under the WIA relating to the quality of water supplied by water undertakers and licensed water suppliers,
in the case of the Environment Agency and the Natural Resources Body for Wales, to their functions concerning water resources and water pollution so far as they relate to water and sewerage undertakers and licensed water suppliers.
As soon as practicable after agreement is reached on any arrangements required by this section, the parties must prepare a memorandum setting them out.
The parties to any such arrangements must keep them under review.
As soon as practicable after agreement is reached on any changes to arrangements under this section, the parties must revise their memorandum.
Parties to arrangements required by this section must send a copy of their memorandum (and any revised memorandum) to each person mentioned in subsection (1) who is not a party to the arrangements set out in it.
The Secretary of State must lay before each House of Parliament a copy of every memorandum (and revised memorandum) under this section.
In section 104(1) of the Utilities Act 2000 (c. 27) (appointment of members of the Competition Commission)—
the “or” at the end of paragraph (a) is omitted, and
after paragraph (b) there is inserted; or .
The persons who are, immediately before the commencement of subsection (1), members of the Competition Commission by virtue of appointments made under section 14(8) of the WIA shall continue as members of the Commission and their appointments shall be treated as having been made under section 104 of the Utilities Act 2000.
Section 14(8) and (8A) of the WIA (which are superseded by this section) shall cease to have effect.
The provision made by this section does not affect any group which has been selected, before the commencement of subsection (1), to perform functions of the Commission in relation to any reference under or by virtue of section 14 of the WIA.
Section 12 of the WIA (determinations under conditions of appointment) is amended as follows.
After subsection (3) there is inserted—
Subsections (3)(b)(i), (4) and (5) shall cease to have effect.
The WIA is amended as follows.
In section 14(5) (modification references to the Competition Commission)—
after “this section” there is inserted “ or in carrying out functions under section 16A below ”,
after “the investigation” there is inserted “ or the carrying out of those functions ”, and
after “such investigation” there is inserted “ or such functions ”.
In section 16 (modification of conditions of appointment following report of Competition Commission), after subsection (4) there is inserted—
After section 16 there is inserted—
Schedule 4, which contains amendments to the WIA to provide for the licensing of suppliers of water other than water undertakers, is to have effect.
Section 86 of the WIA (which provides for the appointment of technical assessors for the enforcement of water quality) is amended as provided in subsections (2) to (8).
In subsection (1), the words “as technical assessors” are omitted.
After subsection (1) there is inserted—
In subsection (2), for “A person” there is substituted “ An inspector ”.
In subsection (3)(a) and (b), for “a person” there is substituted “ an inspector ”.
In subsection (4), for “person”, wherever it appears, there is substituted “ inspector ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After subsection (6) there is added—
In section 219 of the WIA (general interpretation), after subsection (9) there is added—
Subsection (7) does not have effect in relation to any offence committed before the commencement of that subsection.
The WIA is amended as follows.
For section 87 (fluoridation of water supplies at request of health authorities) there is substituted—
In section 88 (power to vary permitted fluoridation agents), in subsection (1), for “87(4)” there is substituted “ 87C(2) ”.
After section 88 there is inserted—
For section 89 there is substituted—
For section 90 (indemnities in respect of fluoridation) there is substituted—
For section 91 (pre-1985 fluoridation schemes) there is substituted—
In section 213 (powers to make regulations), after subsection (1) there is inserted—
Schedule 7 (pre-1985 fluoridation schemes) shall cease to have effect.
In section 1(7) of the Water (Fluoridation) Act 1985 (c. 63) (water fluoridated outwith Scotland), for the words from “by a water undertaker” to the end there is substitutedpursuant to arrangements— .
With effect from the commencement day, any relevant application shall have effect for the purposes of subsection (1) of section 87 of the WIA as a request made by a relevant authority under that subsection.
Any other application made before the commencement day ceases to have effect on that day.
In subsections (11) and (12)—
no such licence has been granted since that date.
In subsections (12) and (13) “application” means an application made under section 87 of the WIA as it was in force at the time when the application was made (and includes an application made under section 1 of the Water (Fluoridation) Act 1985 and having effect as if made under section 87 of the WIA).
Section 150 of the WIA (fixing maximum charges for services provided with the help of undertakers' services) is amended as follows.
After subsection (2) there is inserted—
shall be recoverable by that person from the person to whom he paid the charge.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In each of sections 24(5)(a) and 25(3)(a) of the WRA (which deal with the penalty on summary conviction for offences relating to abstraction and impounding of water respectively), for “the statutory maximum” there is substituted “£20,000”.
Subsection (1) does not have effect in relation to any offence committed before the commencement of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 70(1)(a) of the WIA (which provides for the penalty on summary conviction for the offence of supplying water unfit for human consumption), for “the statutory maximum” there is substituted “£20,000”.
Subsection (1) does not have effect in relation to any offence committed before the commencement of this section.
After section 37 of the WIA there is inserted—
After section 39A of the WIA there is inserted—
In section 77 of the WRA (provisions of drought order with respect to abstractions and discharges), subsection (4) is omitted.
In section 79 of the WRA (compensation and charges where drought order made), after subsection (3) there is added—
In section 79A of the WRA (drought permits)—
subsection (8) is omitted, and
after subsection (8) there is inserted—
For the purposes of subsection (2) of section 53 of the 1995 Act (which applies subsections (2) to (5) of section 250 of the Local Government Act 1972 to inquiries in connection with functions of or in relation to the Agency), a local inquiry held under this paragraph with respect to an application by a water undertaker for a drought order, if it would not otherwise fall within paragraph (a) or (b) of that subsection, is to be treated as one which falls within paragraph (b).
The Environment Act 1995 (c. 25) is amended as follows.
After section 18 there is inserted—
In section 17 (local flood defence schemes, etc), in subsection (3), for “section 18” there is substituted “ sections 18 and 18A ”.
After section 16 of the Environment Act 1995 there is inserted—
Paragraph 1 of Schedule 4 to the Environment Act 1995 (c. 25) (which confers power to alter the areas of regional flood defence committees) is amended as follows.
In sub-paragraph (1)—
the “or” at the end of paragraph (a) is omitted, and
after paragraph (b) there is inserted—
In sub-paragraph (4)—
after “committees” there is inserted “ or otherwise establishing a new regional flood defence committee ”,
in paragraph (a), after “amalgamated” there is inserted “ or new ”.
In sub-paragraph (5), the “and” at the end of paragraph (b) is omitted, and after that paragraph there is inserted—.
Sections 147 to 149 of the WRA (which relate to grants for drainage works and flood warning systems) shall cease to have effect.
For subsection (4) of section 165 of the WRA (general powers to carry out flood defence and drainage works) there is substituted—
“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to— is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations; “inland water” means any of the following in any part of Great Britain, that is to say— “rainfall” includes any fall of snow, hail or sleet.
In the definition of “flood defence provisions” in subsection (1) of section 221 of the WRA (general interpretation), in paragraph (a)(ii), the words “147 to 149,” are omitted.
For section 201 of the WRA (power to require information with respect to abstraction) there is substituted—
In section 169 of the WRA (powers of entry for enforcement purposes), for subsection (2) there is substituted—
In section 6 of the Environment Act 1995 (c. 25) (general provisions with respect to water), in subsection (2)(b), after “Wales” there is inserted “ (including the efficient use of those resources) ”.
In section 6 of the Environment Act 1995 (general provisions with respect to water), in subsection (3), after paragraph (c) there is inserted “ except so much of those inland waters as are in England. ”.
The Reservoirs Act 1975 (c. 23) is amended as follows—
in subsection (1) of section 2 (registration of certain reservoirs and enforcement of Act, etc), for the words from “The local authorities” to “county boroughs” there is substituted “ The relevant authorities for purposes of this Act shall be, in England and Wales, the Environment Agency ”,
in the following provisions of the Act, for “local authority”, in each place where it appears, there is substituted “ relevant authority ” sections 2 and 3, section 13, sections 20 and 21, sections 24 and 25, section 27,
in section 1 (ambit of Act, and interpretation), after subsection (4) there is inserted—,
in section 22(6) (institution of proceedings for an offence under the Act), for the words from “by any local authority” to “except by” there is substituted “ only by the Environment Agency or ”,
Area (in relation to the Environment Agency).................... Section 1(4A) Relevant authority.................... Section 2(1)
Each body which immediately before the date of commencement of subsection (1) (referred to in this section as the “commencement date”) is a local authority in England or Wales for the purposes of the Reservoirs Act 1975 (c. 23) shall, as soon as practicable after that date, give to the Environment Agency—
the register maintained by the body under section 2(2) of that Act, and
any other documents, records or other information in its possession which relate to the exercise of the body’s functions as an enforcement authority within the meaning of section 2(6) of that Act (referred to in this section as its “enforcement functions”).
It shall be the duty of a body falling within subsection (2) to give to the Environment Agency all such assistance as the Environment Agency may reasonably require for the purposes of facilitating the taking over by the Environment Agency of the body’s enforcement functions.
Nothing in this section affects the validity of anything done by or in relation to such a body in the exercise of its enforcement functions before the commencement date.
There may be continued by or in relation to the Environment Agency anything (including legal proceedings) which relates to any of such a body’s enforcement functions and is in the process of being done by or in relation to the body immediately before the commencement date.
Anything which was done by such a body for the purpose of or in connection with any of its enforcement functions and is in effect immediately before the commencement date shall have effect as if done by the Environment Agency.
The Reservoirs Act 1975 is amended as follows.
In section 8 (powers of enforcement authority in event of non-compliance with certain requirements), after subsection (3) there is inserted—
In section 15 (reserve powers), in subsection (2), after “section” there is inserted “ 8, ”.
In section 17 (powers of entry), in subsection (1)(b), after “section”, in both places, there is inserted “ 8, ”.
In section 15(4) of the Reservoirs Act 1975 (c. 23) (reserve powers of enforcement authorities) for “section 233 of the Local Government Act 1972” there is substituted “ section 123 of the Environment Act 1995 as it is applied by section 22A of this Act ”.
After section 22 of that Act there is inserted—
After section 12 of the Reservoirs Act 1975 there is inserted—
In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and enforcement of Act, etc), after subsection (2) there is inserted—
After section 12A of that Act (which is inserted by section 77 of this Act) there is inserted—
Section 22 of the Reservoirs Act 1975 (c. 23) (criminal liability of undertakers and their employees) is amended as follows.
In subsection (1), the word “or” at the end of paragraph (a) is omitted, and at the end of paragraph (b) there is insertedor .
After subsection (1) there is inserted—
After section 27 of the Reservoirs Act 1975 there is inserted—
The relevant authority must, where appropriate, take steps to encourage the conservation of water.
The relevant authority is—
the Secretary of State, in relation to England,
the Assembly, in relation to Wales.
After the period of three years beginning with the date on which this section comes into force, and after each succeeding period of three years, the Secretary of State must prepare a report about the steps taken by him under this section, and about any such steps which he proposes to take.
The Assembly may make an order requiring the preparation by it of corresponding reports, and such an order may make provision about when, or in relation to what periods, they are to be prepared.
Each such report must—
if prepared by the Secretary of State, be laid before Parliament,
if prepared by the Assembly, be laid before, and published by, the Assembly.
In section 3(2)(a) of the WIA (environmental duties in relation to proposals relating to the functions of a relevant undertaker), after “special interest” there is inserted “ and, in the case of the exercise of such a power by a company holding an appointment as a relevant undertaker, as to further water conservation ”.
In exercising its functions and conducting its affairs, each public authority shall take into account, where relevant, the desirability of conserving water supplied or to be supplied to premises.
In subsection (1), “public authority” means any of the following—
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)),
a Government department,
the Assembly,
a local authority (within the meaning of section 270(1) of the Local Government Act 1972 (c. 70)),
a person holding an office—
under the Crown,
created or continued in existence by a public general Act, or
the remuneration in respect of which is paid out of money provided by Parliament,
a statutory undertaker (being any person who, by virtue of section 262 of the Town and Country Planning Act 1990 (c. 8) is or is deemed to be a statutory undertaker for any purpose), and
any other public body of any description.
After subsection (4) of section 57 of the WIA (duty to supply water etc for fire-fighting) there is inserted—
After subsection (4) of section 58 of the WIA (specially requested fire-hydrants) there is inserted—
After section 4 of the Coal Industry Act 1994 (c. 21) there is inserted—
Schedules 5 and 6 (which respectively insert Schedules 1A and 1B into the Coal Industry Act 1994 (c. 21)) are to have effect.
In subsection (7) of section 68 of the Coal Industry Act 1994 (extent, etc), before paragraph (a) there is inserted—.
The Environmental Protection Act 1990 (c. 43) is amended as follows.
In section 78A (which contains provisions for the interpretation of Part 2A of the 1990 Act, relating to contaminated land)—
for subsection (2)(b) there is substituted—,
in subsection (5)—
in paragraph (a), after “harm” there is inserted “ or pollution of controlled waters ”,
in paragraph (b), after “harm” there is inserted “ or of significant pollution of controlled waters ”, and
paragraph (c) is omitted,
in subsection (6)—
in paragraph (a), after “systems” there is inserted “ , or of poisonous, noxious or polluting matter or solid waste matter ”,
in paragraph (b), after “places” there is inserted “ or controlled waters, or different degrees of pollution ”, and
after “significant harm” there is inserted “ or of significant pollution ”,
in subsection (7)(b)(i), before “pollution” there is inserted “ significant ”,
in subsection (8), for the words from “pollution” to the end there is substituted “ significant pollution of those waters is being caused or there is a significant possibility of such pollution being caused ”, and
in subsection (9), in paragraph (a) of the definition of “controlled waters”, after “1991” there is inserted “ except that “ground waters” does not include waters contained in underground strata but above the saturation zone ”.
In section 78C (identification and designation of special sites), in subsection (10)—
in paragraph (a)(ii), for “be, or would be likely to be, caused” there is substituted “ or might be caused ”, and
in paragraph (b), before “pollution” there is inserted “ significant ”.
In section 78E (duty of enforcing authority to require remediation of contaminated land), in subsection (4)(b), after “or” there is inserted “ of the ”.
In section 78K (liability in respect of contaminating substances which escape to other land), in each of subsections (3) and (4), for the words from “is being caused” to “likely to be caused” there is substituted “ , or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused ”.
In section 78X (supplementary provisions relating to contaminated land)—
in subsection (1)—
for paragraph (b) there is substituted—, and
for the words from “is being caused, or” to “likely to be caused” there is substituted “ , or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused ”, and
in subsection (2), for the words from “is being caused” to “likely to be, caused” there is substituted “ , or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused ”.
In section 78YB (interaction of Part 2A of the Environmental Protection Act 1990 (c. 43) with other enactments), in each of subsections (1)(b) and (2), before “pollution” there is inserted “ significant ”.
Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is amended as follows.
In sub-paragraph (2), the words “, subject to sub-paragraph (4) below,” are omitted.
In sub-paragraph (3), the words “, subject to sub-paragraph (4) below,” are omitted.
Sub-paragraph (4) is omitted.
For sub-paragraph (6) there is substituted—
In sub-paragraph (9), the words “(6) or” are omitted.
For section 139 of the WIA (power to apply Chapter 3 of Part 4 of the WIA to other effluents) there is substituted—
In section 94 of the WIA (general duty to provide sewerage system), in subsection (5), at the end there is added “ ; and, accordingly, section 139 below shall have effect for the purposes of this section as it has effect for the purposes of Chapter 3 of this Part. ”.
In section 138 of the WIA (meaning of “special category effluent”), subsection (5) is omitted.
In section 141 of the WIA (interpretation of Chapter 3), in subsection (1), after “requires” there is inserted “ and subject to section 139 above ”.
In section 171 of the WIA (entry for sewerage purposes), in subsection (3), after “trade effluent” there is inserted “ or any other liquid or substance ”.
In section 119 of the WIA (application for consent)—
after paragraph (a) of subsection (2) there is inserted—,
after subsection (2) there is inserted—
In section 121 of the WIA (conditions of consent)—
after paragraph (b) of subsection (1) there is inserted—,
in subsection (6), at the end there is inserted “ and “controlled waters” has the meaning given by section 104 of the Water Resources Act 1991 ”.
Section 42 of the WIA (financial conditions of compliance with water main requisition) is amended as follows.
In subsection (2), for paragraph (a) there is substituted—.
In subsection (6), for the words from “shall be referred” to the end there is substituted “ may be referred to the Authority for determination under section 30A above by either party to the dispute. ”.
For subsection (7) there is substituted—
The amendments made by subsections (2) to (4) of this section do not apply in respect of water main requisitions (as defined in section 43(9) of the WIA) for which notice has been served under section 41(1) of that Act before the commencement of the subsection in question.
In section 43 of the WIA (calculation of “relevant deficit” for the purposes of section 42)—
in paragraph (b) of subsection (4), after “providing” there is inserted “ or procuring the provision of ”,
for subsection (5) there is substituted—,
in subsection (8), in paragraph (b), for “that has already been provided” there is substituted “ in respect of which the conditions referred to in section 42(1) above have already been satisfied. ”
After section 43 of the WIA there is inserted—
Section 44 of the WIA (determination of completion date and route for requisitioned main) is amended as follows—
in subsection (1), for paragraph (b) there is substituted—,
in paragraph (b) of subsection (2), for “an arbitrator” there is substituted “ the Authority ”,
in paragraph (b) of subsection (3)—
for “an arbitrator” there is substituted “ the Authority ”,
after “in question” there is inserted “ , or (as the case may be) the self-laid main, ”,
for subsection (4) there is substituted—,
in subsection (5)—
the words “for any locality” are omitted,
for paragraph (b) there is substituted—
The amendments made by subsections (1) to (3) of this section do not apply in respect of water main requisitions (as defined in section 43(9) of the WIA) for which notice has been served under section 41(1) of that Act before commencement of the subsection in question.
After section 51 of the WIA there is inserted—
In section 45 of the WIA (duty to make connections with main), after subsection (1) there is inserted—
In section 47 of the WIA (conditions of connection with water main), in subsection (2), for sub-paragraph (i) of paragraph (d) there is substituted—.
After subsection (2) of section 179 of the WIA (vesting of works in undertaker) there is inserted—
After subsection (1) of section 198 of the WIA (maps of waterworks) there is inserted—; and, in subsection (4) of that section, after “subsection (1)” there is inserted “ or (1A) ”.
In section 219 of the WIA (general interpretation), in subsection (1), in the definition of “service pipe”, after “below” there is inserted “ and to section 51E(3) above ”.
The amendments of the WIA made by this section do not apply in respect of any water main or service pipe the construction of which was begun before the coming into force of this section.
In section 99 of the WIA (financial conditions of compliance with sewer requisition)—
in subsection (2), for paragraph (a) there is substituted—,
in subsection (6), for the words from “shall be referred” to the end there is substituted “ may be referred to the Authority for determination under section 30A above by either party to the dispute. ”,
for subsection (7) there is substituted—
In section 100 of the WIA (calculation of “relevant deficit” for the purposes of section 99), in subsection (8), in paragraph (b), for “that has already been provided” there is substituted “ in respect of which the conditions referred to in section 99(1) above have already been satisfied. ”.
After section 100 of the WIA there is inserted—
The amendments made by subsections (1) to (3) of this section do not apply in respect of public sewer requisitions (as defined in section 100(9) of the WIA) for which notice has been served under section 98(1) of that Act before commencement of the subsection in question.
In section 101A of the WIA (which imposes a duty on sewerage undertakers to provide sewers for certain premises whose drainage gives rise to adverse environmental effects), in subsection (2)—
in paragraph (a), the words from “each of which” to the end of the paragraph are omitted, and
in paragraph (c), “in respect of which the condition specified in paragraph (a) above is satisfied” is omitted.
Section 98 of the WIA (duty to comply with sewer requisition) is amended as provided in subsections (2) to (5).
After subsection (1) there is inserted—
After subsection (2) there is inserted—
In subsection (3)—
after “public sewer” there is inserted “ or, as the case may be, a lateral drain ”,
after “of the sewer” there is inserted “ or lateral drain ”.
In subsection (5)—
the words “in a particular locality” are omitted,
in paragraph (a), for “premises in that locality” there is substituted “ those premises ”,
in paragraph (b), for “premises in the locality” there is substituted “ those premises ”.
In section 99 of the WIA (financial conditions of compliance)—
in subsection (1)—
after “98(1)(c)” there is inserted “ or 98(1A)(c) ”,
after “sewer”, in both places, there is inserted “ or (as the case may be) lateral drain ”,
in paragraph (a), after “subsection (2)” there is inserted “ or, as the case may be, subsection (2A) ”,
after subsection (2) there is inserted—,
for subsection (3) there is substituted—,
for paragraph (a) of subsection (5) there is substituted—.
For section 101 of the WIA (determination of completion date and route for requisitioned sewer) there is substituted—
The substitution, by subsection (7), of section 101 of the WIA does not apply in respect of requirements notified under section 98 of the WIA before subsection (7) comes into force.
After section 101A of the WIA there is inserted—
Section 101B of the WIA (as inserted by subsection (9)) does not apply in respect of a public sewer to be provided pursuant to—
a requirement notified under section 98 of that Act before the coming into force of subsection (9), or
a duty under section 101A of that Act which the sewerage undertaker had accepted, or the Environment Agency had determined, it was under before the coming into force of subsection (9).
In section 102 of the WIA (adoption of sewers and disposal works)—
in subsection (1), the word “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—,
in subsection (2), after “sewer” in both places there is inserted “ , lateral drain ”,
in subsection (4), in paragraph (a), after “sewer” there is inserted “ , lateral drain ”,
in subsection (5)—
in paragraph (b), after “sewer” there is inserted “ or lateral drain ”,
in paragraph (c), after “sewer” there is inserted “ or lateral drain ”,
in paragraph (d), after “sewer” there is inserted “ , lateral drain ”,
in subsection (6), after “sewer” in both places there is inserted “ or lateral drain ”.
In section 103 of the WIA (adoption of cross-border sewers etc)—
in subsection (1), the word “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—,
for subsection (3) there is substituted—,
in subsection (4), in paragraph (a), after “sewer” there is inserted “ or lateral drain ”.
Sections 102 and 103 of the WIA (adoption of sewers etc), as amended by subsections (1) and (2) above, do not apply to any lateral drains (as mentioned in those sections) the construction of which was completed before the coming into force of subsections (1) and (2) above.
Section 104 of the WIA (agreements to adopt sewer etc at future date) is amended as follows—
for subsection (1) there is substituted—,
in subsection (2), for “constructing or proposing to construct a sewer” there is substituted “ mentioned in paragraph (a) or (b) of subsection (1) above ”,
in subsection (5), after “sewer” there is inserted “ , lateral drain ”,
subsection (6) is omitted,
after subsection (6) there is inserted—,
for subsection (7) there is substituted—
In section 105 of the WIA (appeals with respect to adoption)—
in subsection (1), after “sewer” there is inserted “ , lateral drain ”,
in subsection (3), after “sewer” there is inserted “ , lateral drain ”.
The WIA is amended as follows.
In section 36 (interpretation of Part 2 of the WIA)—
in subsection (3)(b)(i), after “sewer” there is inserted “ or drain ”,
“relevant sewer or drain”, in relation to any appointment or variation which would replace a company as a sewerage undertaker, means any of the following, that is to say—
In section 94 (general duty to provide sewerage system), in paragraph (a) of subsection (1), after “those sewers” there is inserted “ and any lateral drains which belong to or vest in the undertaker ”.
In section 158 (powers to lay pipes in streets), for paragraph (b) of subsection (7) there is substituted—
In section 159 (power to lay pipes in other land), in subsection (7), at the end there is added “ (reading references there to subsection (1) as references to subsection (1) of this section). ”.
In section 171 (entry for sewerage purposes), in subsection (3), for “a private drain or sewer” there is substituted “ a drain or private sewer ”.
In section 179 (vesting of works in undertaker)—
in paragraph (a) of subsection (2), after “sewer” there is inserted “ , lateral drain ”,
in subsection (7), in paragraph (b) of the definition of “relevant pipe”, after “sewer” there is inserted “ , lateral drain ”.
In section 199 (sewer maps), in subsection (1)—
in paragraph (a), after “sewer” there is inserted “ , lateral drain ”,
in paragraph (b), after “sewer” there is inserted “ or lateral drain ”.
In section 219 (general interpretation)—
“lateral drain” means—
in subsection (3), after “sewer,” there is inserted “ lateral drain, ”.
In Schedule 12 (compensation etc in respect of pipe-laying and other works powers), in sub-paragraph (5) of paragraph 4, after “sewer” there is inserted “ , lateral drain ”.
After section 105 of the WIA there is inserted—
Section 106 of the WIA (right to communicate with public sewers) is amended as follows.
After subsection (1) there is inserted—
In subsection (4), for “is such that the making of the communication would be prejudicial to the undertaker’s sewerage system” there is substituted—
After subsection (5) there is inserted—
In subsection (6)—
for “(3) to (5)” there is substituted “ (3) to (5A) ”,
in paragraph (b), after “(5)” there is inserted “ or (5A) ”,
at the end there is added “ (and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above). ”
In section 219 of the WIA (general interpretation), in the definition of “public sewer”, after “means” there is inserted “ (subject to section 106(1A) above) ”.
In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (referred to in this section as “the Order”), at the end there is inserted “ except section 12A(4). ”.
The entry relating to the WIA in Schedule 1 to the Order is amended as follows—
in the list of sections conferring on the Secretary of State functions which are not transferred by the Order—
after “sections 1,” there is inserted “ 2A, ”,
for “17” there is substituted “ 16A, 17 to 17D, 17F to 17K, 17N to 17P, 17R, 22A to 22F, ”,
after “27(3),” there is inserted “ 27A, 27B, 27E, 27G, 27I to 27K, 29, 29A, ”,
after “35,” there is inserted “ 38B, 66B, 66F to 66L, 86(1A), 87B, 88A, 89, ”,
after “92,” there is inserted “ 95B, ”,
after “152(2),” there is inserted “ 192A, 192B, ”,
before “206(3)(e)” there is inserted “ 195A, ”,
after “Schedules 1” there is inserted “ , 1A, 3A, ”,
at the end there is inserted “ and except functions under such other sections or Schedules as are expressly stated in the succeeding paragraphs to be so excepted (but only to the extent stated). ”,
in the paragraph relating to functions under sections 2, 5 (etc)—
the reference to section 2 is omitted,
the reference to sections 18 to 22 is omitted,
for “37 to 39” there is substituted “ 37, 38, 39, 51A ”,
the reference to sections 68 to 70 is omitted,
the reference to section 93A is omitted,
for “94 to 96,” there is substituted “ 94, 95, 96, ”,
after “104,” there is inserted “ 105A to 105C, ”,
for “198 to 203” there is substituted “ 198 to 200 ”,
the reference to section 205 is omitted,
at the end there is inserted “ (but not in relation to any licensed water suppliers). ”,
the paragraph relating to section 28(4) is omitted,
before the paragraph relating to functions under section 67 there is inserted—Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to 203 are transferred to the Assembly in relation to— ,
in the paragraph relating to functions under section 67, for paragraphs (a) and (b) there is substituted—,
in the paragraph relating to functions under sections 3, 86 (etc), for “86” there is substituted “ 86 (except subsection (1A)) ”,
after that paragraph there is inserted—In respect of the functions under sections 37A to 37D, 39B and 39C it is provided as follows— ,
in the paragraph relating to section 152(1), after “Wales” there is inserted “ or (so far as relating to licensed activities using the supply system of any such water undertaker) any licensed water supplier ”,
for the paragraph relating to section 208 there is substituted—In respect of the functions under section 208 it is provided as follows— ,
in the paragraph relating to Article 2(c), at the end there is inserted “ or any licensed water supplier using the supply system of any such water undertaker. ”.
In Schedule 2 to the Order, after the entry relating to the Environmental Protection Act 1990 there is inserted a new entry as follows—
The entry relating to the WRA in Schedule 1 to the Order is amended as follows—
in the paragraph referring to the functions of a Minister of the Crown under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “ , 20B(3) ”, and
in the list of provisions under which there are transferred functions of the Secretary of State to which paragraph 6 of Schedule 3 to the Government of Wales Act 1998 (c. 38) is applied, in the appropriate places there is inserted— and in the entry in that list relating to section 161C, after “regulations)” there is inserted “ , but not including section 161C as applied by section 25B. ”.
“section 27A and (so far as it relates to section 27A) Schedule 6,”
“section 33A,”
“section 51(1C) to 51(1F),”,
The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the Order is amended as follows—
after paragraph (e) in the list of sections conferring functions which are not transferred by the Order there is inserted—,
after paragraph (e) of the list of functions which are transferred not in relation to Wales but in the manner specified there is inserted—.
Subject to subsections (1) to (5), the references in Schedule 1 to the Order to— are to be treated as referring to those Acts (or those sections or Schedules) as amended by this Act.
the WIA generally and to specific sections of or Schedules to the WIA,
the WRA generally and to specific sections of or Schedules to the WRA,
the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990 (c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act 1995 (c. 25) generally and (where applicable) to specific sections of or Schedules to those Acts, and
any other Act generally and (where applicable) to specific sections of or Schedules to those Acts,
Subsection (6), and the amendments made by subsections (1) to (5), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (6) or the provisions amended by subsections (1) to (5).
Schedules 7 and 8, which make minor amendments (including the repeal of certain spent enactments) and amendments consequential on the provisions of this Act, have effect.
The enactments and instrument mentioned in Schedule 9 are repealed or revoked to the extent specified.
Subject to subsection (2), each licence to abstract water under Chapter 2 of Part 2 of the WRA which is in force immediately before the coming into force of section 1 of this Act shall, after the coming into force of that section, be treated as a full licence within the meaning of that Act.
If— the licence shall cease to have effect (so far as it applies to that abstraction) upon the coming into force of that section.
immediately before the coming into force of section 6 of this Act, a person is the holder of a licence under Chapter 2 of Part 2 of the WRA to abstract water, and
upon the coming into force of that section an abstraction authorised by the licence becomes an abstraction to which the restriction on abstraction does not apply,
Subject to subsection (4), the person who was the holder of a full licence which ceases (or ceases in part) to have effect by virtue of subsection (2), and who had been taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) of the WRA, shall continue to be taken to have that right for the purposes of Chapter 2 of Part 2 of the WRA.
A person shall cease to continue to be taken to have the right mentioned in subsection (3), for the purposes mentioned there, if during a period of— he does not carry out any such abstraction as would have been authorised by the licence (or relevant part of the licence) if it had still been in force.
four years, or
if the abstractions authorised under the licence (or relevant part of the licence) were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the appropriate agency may determine on the application of the person,
Where, immediately after the coming into force of any provision of this Act, an abstraction of water to which the restriction on abstraction did not apply becomes one to which the restriction on abstraction does apply, nothing in— prevents the appropriate agency from granting a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or the Secretary of State from giving the appropriate agency a direction to do so.
section 39(1), 42(4) or 44(4) of the WRA (which relate to protected rights), or
any other enactment specified in regulations made by the Secretary of State,
In subsections (2)(b) and (5), “the restriction on abstraction” has the meaning given by section 72(1) of the WRA.
The Secretary of State may by regulations make— as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision—
amending or repealing any enactment, instrument or document (including in particular any instrument appointing a company to be a water or sewerage undertaker),
conferring functions, powers or duties on any person.
The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the appropriate agency of compensation to any person who— or who is a person who falls within subsection (4).
before the coming into force of any provision of this Act was not required by or by virtue of the WRA to have a licence under Chapter 2 of Part 2 of the WRA in respect of any abstraction,
following the coming into force of any provision of this Act does require such a licence in respect of that abstraction, and
has suffered loss or damage as a result of his having been—
refused such a licence in respect of that abstraction, or
granted such a licence, but in respect of an abstraction of more limited extent than that of the abstraction he was carrying out before the coming into force of the provision in question,
A person falls within this subsection if he satisfies the appropriate agency of the following— and he applies for compensation before any deadline provided for in the regulations under subsection (1).
that the nature of his operations, or proposed operations, requires him to make plans about the abstraction of water,
that before the coming into force of any provision of this Act he would not have required a licence under Chapter 2 of Part 2 of the WRA in respect of any such abstraction for which he had reasonably planned (or, if there has already been such an abstraction, he did not require such a licence in respect of it),
that following the coming into force of any such provision he does require such a licence in respect of it, and
that he has suffered loss or damage as a result of his having been—
refused a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or
granted such a licence, but in respect of an abstraction of more limited extent than he had reasonably applied for,
The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person who—
before 31st July 2002 was carrying on any activities in respect of the supply of water,
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 licence under Chapter 1A of Part 2 of the WIA having been required in respect of them and his not having applied for, or his having been refused, a licence, or
is unable to continue to carry on those activities in the same manner as a result of his having been granted a 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 licence not having been granted, or
those activities having been restricted.
Where regulations made under subsection (1) include provision for the discharge by the Director General of Water Services instead of the Water Services Regulation Authority of any functions conferred on the Authority by or by virtue of any provision of this Act, then, for the purposes of Schedule 3, any such function shall be treated as if it had been the subject of a transfer under section 36 when the provision in the regulations ceased to apply.
The power to make regulations under this section is also exercisable by the Assembly, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.
Nothing in this Act shall be read as affecting the generality of subsection (1).
Any power under this Act to make any order or regulations is exercisable by statutory instrument.
A statutory instrument containing an order or regulations— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
made by the Secretary of State under any provision of this Act except section 10 (but including section 105), and
which contains (or contain) provision amending or repealing any enactment,
Otherwise, a statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than an order under section 105, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power under this Act to make any order or regulations may be exercised—
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
any such provision either unconditionally or subject to any specified condition.
Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for all or any of those purposes.
Any such power includes power—
to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments or provisions of subordinate legislation) as the authority making the order or regulations considers to be expedient, and
to provide for a person to exercise a discretion in dealing with any matter.
In subsection (6)(a), “subordinate legislation” has the meaning given by the Interpretation Act 1978 (c. 30).
Nothing in this Act shall be read as affecting the generality of subsection (6).
This Act may be cited as the Water Act 2003.
In this Act—
the “WIA” means the Water Industry Act 1991 (c. 56),
the “WRA” means the Water Resources Act 1991 (c. 57),
“the Assembly” means the National Assembly for Wales.
“the appropriate agency” has the meaning given by section 221 of the WRA,
Apart from this section and sections 102 to 104, this Act comes into force on such day as the appropriate authority may by order appoint.
Different days may be appointed for different provisions and for different purposes.
Except as stated in subsection (6), the appropriate authority for the purposes of subsection (3) is the Secretary of State after consulting the Assembly.
In relation to the sections and Schedules listed in the first column of this table, the appropriate authority is as listed in the second column— Section or Schedule Appropriate authority Section 73 The Secretary of State. Section 67 The Assembly after consulting the Secretary of State. Sections 58, 69, 75, 77, 78, 80, 81 and 86 The Secretary of State, in relation to England; the Assembly, in relation to Wales. Section 101 and Schedules 7, 8 and 9 As respects any amendment or repeal consequential on a provision referred to above in this table, the same appropriate authority as listed in respect of the provision in question; otherwise, the Secretary of State after consulting the Assembly.
Subject to the following provisions of this section, this Act extends to England and Wales only.
Section 36 and Schedule 3 extend also to Scotland and Northern Ireland.
The following provisions extend also to Scotland—
section 53(1) and (2),
sections 66 and 68,
section 73,
section 74(1),
section 76,
section 85(3),
section 103(1), (2), (7) and (8),
section 104.
Section 58(10) extends to Scotland only.
Any amendment or repeal of a provision of the WRA made by this Act has the same extent as the provision being amended or repealed.
Sections 3, 4, 10 and 27 have the same extent as they would have if they were contained in the WRA, and section 224 of the WRA (application to Isles of Scilly) applies in relation to those sections as it applies to the WRA.
Any amendment or repeal made by Schedule 7 or 8 has the same extent as the enactment being amended or repealed.
Any repeal contained in Schedule 9 has the same extent as the provision elsewhere in this Act which provides for the repeal.