Competition and Service (Utilities) Act 1992

The following section shall be inserted in the Telecommunications Act 1984, after section 27E—

In section 53 of the Act of 1984 (power to require information), in the definition of “relevant purpose” in subsection (6), after “offence;” there shall be inserted—.

The following section shall be inserted in the Telecommunications Act 1984, after section 27F—

In section 53 of the Act of 1984 (power to require information), in the definition of “relevant purpose” in subsection (6), after “section 27F above;” there shall be inserted—.

; and (c) after arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results,

In section 40 of the Act of 1989 (electricity supply: overall performance), the words from “after” to “affected” shall be omitted from subsection (1) and the following subsection shall be inserted after that subsection—

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

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

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

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

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

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

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

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

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

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

The Water Industry Act 1991 shall be amended as follows.

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

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

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

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

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

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

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

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

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

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

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

In section 4 of the Gas Act 1986 (general duties of Secretary of State and Director General of Gas Supply), the following subsection shall be inserted after subsection (1)—

In section 7(7)(a) of the Act of 1986 (inclusion of conditions in authorisation of public gas supplier) the words “relating to the supply of gas, or requiring information to be furnished to the Director or published” shall be omitted.

In section 19 of the Act of 1986 (acquisition of rights to use pipe-lines), subsection (8) shall be omitted.

In section 24 of the Act of 1986 (modification of authorisation on reference to Monopolies and Mergers Commission), for paragraph (a) of subsection (1) there shall be substituted—.

In section 27 of the Act of 1986 (modification of authorisation by order under section 56 of the Fair Trading Act 1973 or section 10 of the Competition Act 1980), after the words “supply of gas through pipes”, in paragraphs (a) and (c), there shall in each case be inserted “or the conveyance or storage of gas by a public gas supplier”.

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

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

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

company;

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

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

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

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

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

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

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

In section 87 of the Water Resources Act 1991 (discharges into and from public sewers), the following subsections shall be substituted for subsection (1)—

The following subsection shall be inserted at the end of section 87 of the Act of 1991—

This section applies only in relation to discharges occurring after it comes into force.