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(c) make provision subject to exceptions.

(8) The Authority may from time to time review rules issued under this
section and issue revised rules.

(9) Revised rules may include provision for applying any of the
5revisions to section 117E agreements made before the revised rules
come into effect.

117J Rules about charges: provision about the reduction of charges

(1) Rules under section 117I may provide for the reduction of charges
payable under a section 117E agreement where—

(a) 10a sewerage licensee that has a retail authorisation is party to
the section 117E agreement, and

(b) other conditions specified by the rules are satisfied.

(2) Rules made by virtue of subsection (1) may in particular—

(a) specify conditions relating to any party to the section 117E
15agreement;

(b) specify conditions about persons taking steps for the purpose
of reducing or managing demand for sewerage services;

(c) specify conditions about the premises by reference to which
such steps are to be taken;

(d) 20specify conditions about reducing charges payable by a
person who—

(i) is not party to the section 117E agreement, and

(ii) takes or proposes to take such steps as satisfy or
would satisfy a condition specified under paragraph
25(b).

(3) The rules may provide that, where a charge falls to be reduced in
accordance with rules made by virtue of subsection (1), the sewerage
undertaker to which the charges are payable must give notice of that
reduction to the Authority.

(4) 30Rules made by virtue of subsection (3) may—

(a) make provision as to the content of the notice;

(b) specify the period within which an undertaker is to give
notice to the Authority.

(5) Provision under subsection (4)(a) may in particular require the notice
35to specify—

(a) the amount of the charge, with and without the reduction;

(b) the period for which the reduction has effect.

117K Rules under section 117I: procedure

(1) Before issuing rules under section 117I, the Authority must—

(a) 40prepare a draft of the proposed rules under section 117I, and

(b) consult the relevant persons about the draft.

(2) The relevant persons are—

(a) the Secretary of State;

(b) the appropriate agency;

(c) 45the Council;

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(d) any sewerage undertakers likely to be affected by the
proposed rules;

(e) any sewerage licensees likely to be affected by the proposed
rules;

(f) 5such other persons as the Authority thinks appropriate.

(3) The Authority must specify the period (“the consultation period”)
within which persons may make representations about the proposed
rules.

(4) The Authority must have regard to guidance issued under section
10117L in making rules under section 117I.

(5) Before rules under section 117I prepared by the Authority are issued,
the Secretary of State may direct the Authority—

(a) not to issue the rules, or

(b) to issue the rules with specified modifications.

(6) 15A direction under subsection (5) must be given within the period of
28 days beginning with the day after the end of the consultation
period, and rules may not be issued before that period of 28 days has
expired.

(7) In this section “the appropriate agency” means—

(a) 20the Environment Agency, in relation to section 117E
agreements made with sewerage undertakers whose areas
are wholly in England;

(b) both the Environment Agency and the NRBW, in relation to
section 117E agreements made with sewerage undertakers
25whose areas are partly in England and partly in Wales.

117L Rules under section 117I: guidance

(1) The Minister must issue guidance as to the content of rules under
section 117I.

(2) Before issuing the guidance, the Minister must—

(a) 30prepare a draft of the proposed guidance;

(b) consult the relevant persons about the draft.

(3) The relevant persons are such persons as the Minister thinks fit.

(4) The Minister may from time to time revise the guidance and issue
revised guidance.

(5) 35Subsections (2) and (3) apply to revised guidance as they apply to the
original guidance.

(6) The Minister must arrange for the publication of guidance issued
under this section.

(7) In this section “the Minister” means the Secretary of State.

117M 40Designation of strategic sewerage provision

(1) Subsection (2) applies if at any time the Authority determines that
the removal of matter from a sewerage undertaker’s sewerage
system that the undertaker is required to permit under section 117C

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or 117D in accordance with a section 117E agreement constitutes
strategic sewerage provision.

(2) The Authority must designate the removal of matter as strategic
sewerage provision.

(3) 5Subsection (4) applies if—

(a) a sewerage undertaker requests the Authority to make a
determination that a particular removal of matter constitutes
strategic sewerage provision for the purposes of subsection
(1), or

(b) 10the Authority otherwise proposes to make a determination
that a particular removal of matter constitutes strategic
sewerage provision for the purposes of subsection (1).

(4) The Authority must give notice of the request or proposed
determination to—

(a) 15the Secretary of State;

(b) the appropriate agency;

(c) the other party or parties, or the parties, to the section 117E
agreement; and

(d) such other persons (if any) as the Authority thinks it
20appropriate to notify.

(5) A notice under subsection (4) must specify the time within which
representations or objections with respect to the request or proposed
determination may be made.

The time specified may not be less than 28 days from the date on
25which the notice was given.

The time specified may not be less than 28 days from the date on
which the notice was given.

(6) The Authority must consider any representations or objections
which are duly made and not withdrawn.

(7) 30If the Authority determines that a particular removal of matter
designated under this section as strategic sewerage provision no
longer constitutes such provision, it must cancel its designation.

(8) If the Authority proposes to make a determination under subsection
(7) that a particular removal of matter no longer constitutes strategic
35sewerage provision, it must give notice of the proposed
determination to—

(a) the Secretary of State;

(b) the appropriate agency;

(c) the parties to the section 117E agreements in question.

(9) 40Subsection (5) applies to a notice under subsection (8) as it applies to
a notice under subsection (4), and subsection (6) applies accordingly.

(10) For the purposes of this section, a removal of matter from a sewerage
system is strategic sewerage provision if, without that removal of
matter, there is a substantial risk that the sewerage undertaker
45would be unable—

(a) to maintain its services to its own customers, and

(b) to fulfil its obligations under section 117B to deal with matter
in its sewerage system.

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(11) In this section and section 117N “the appropriate agency”, in relation
to a determination in respect of the removal of matter from a
sewerage undertaker’s system, means—

(a) the Environment Agency, in a case where the undertaker’s
5area is wholly in England;

(b) both the Environment Agency and the NRBW, in a case
where the undertaker’s area is partly in England and partly
in Wales.

117N Designation of collective strategic provision

(1) 10Subsection (2) applies if at any time the Authority determines that
two or more cases of the removal of matter from a sewerage
system—

(a) each of which is a removal by a sewerage licensee, and

(b) each of which is a removal that a sewerage undertaker is
15required to permit under section 117C or 117D in accordance
with a section 117E agreement,

constitute collective strategic sewerage provision.

(2) The Authority must designate the cases of the removal of matter as a
collective strategic supply.

(3) 20Subsection (4) applies if—

(a) a sewerage undertaker requests the Authority to make a
determination that two or more cases of the removal of
matter from a sewerage system constitute collective strategic
sewerage provision for the purposes of subsection (1), or

(b) 25the Authority otherwise proposes to make a determination
that two or more cases of the removal of matter from a
sewerage system constitute collective strategic sewerage
provision for the purposes of subsection (1).

(4) The Authority must give notice of the request or proposed
30determination to—

(a) the Secretary of State;

(b) the appropriate agency;

(c) the other party or parties, or the parties, to the section 117E
agreements in question; and

(d) 35such other persons (if any) as the Authority thinks it
appropriate to notify.

(5) A notice under subsection (4) must specify the time within which
representations or objections with respect to the request or proposed
determination may be made.

40The time specified may not be less than 28 days from the date on
which the notice was given.

The time specified may not be less than 28 days from the date on
which the notice was given.

(6) The Authority must consider any representations or objections
45which are duly made and not withdrawn.

(7) If the Authority determines that the cases of the removal of matter
from a sewerage system designated under this section as collective
strategic sewerage provision no longer constitute such provision, it
must cancel their designation.

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(8) If the Authority proposes to make a determination under subsection
(7) that the cases of the removal of matter from a sewerage system no
longer constitute collective strategic sewerage provision, it must give
notice of the proposed determination to—

(a) 5the Secretary of State;

(b) the appropriate agency; and

(c) the parties to the section 117E agreements in question.

(9) Subsection (5) applies to a notice under subsection (8) as it applies to
a notice under subsection (4), and subsection (6) applies accordingly.

(10) 10For the purposes of this section, two or more cases of the removal of
matter from a sewerage system are collective strategic sewerage
provision if, without those cases of the removal of matter, there is a
substantial risk that the sewerage undertaker would be unable—

(a) to maintain its services to its own customers, and

(b) 15to fulfil its obligations under section 117B to deal with matter
in its sewerage system.

Offences

117O Prohibition on unauthorised use of sewerage system

(1) No person may use the sewerage system of a sewerage undertaker
20whose area is wholly or mainly in England for the purpose of taking
away matter discharged from the premises of—

(a) a customer,

(b) the person so using that system, or

(c) a person associated with that person.

(2) 25Subsection (1) is subject to subsections (3) and (4) and section 117Q.

(3) Subsection (1) does not apply where that use of the system is made
by—

(a) the sewerage undertaker, or

(b) a sewerage licensee in pursuance of its sewerage licence.

(4) 30The Secretary of State may by regulations specify further
circumstances in which subsection (1) does not apply.

(5) A person who contravenes subsection (1) is guilty of an offence.

(6) An undertaking entered into which involves a contravention of
subsection (1) is unenforceable.

(7) 35A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum;

(b) on conviction on indictment, to a fine.

(8) Proceedings for an offence under this section may not be instituted
40except by—

(a) the Secretary of State, or

(b) the Authority.

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(9) For the purposes of this section, a person (A) is associated with
another person (B) if they would be associated with each other for the
purposes of Schedule 2B if A were a sewerage licensee.

(10) In this section and sections 117P and 117Q, references to the
5sewerage system of a sewerage undertaker are to be construed in
accordance with section 17BA(7).

117P Prohibition on unauthorised removal of matter from sewerage system

(1) No person other than the undertaker may remove matter from the
sewerage system of a sewerage undertaker whose area is wholly or
10mainly in England.

(2) Subsection (1) is subject to subsections (3) and (4) and section 117Q.

(3) Subsection (1) does not apply where —

(a) matter is removed by a sewerage licensee in pursuance of its
sewerage licence, or

(b) 15matter is removed by another sewerage undertaker under a
main connection agreement (within the meaning of section
110B).

(4) The Secretary of State may by regulations specify further
circumstances in which subsection (1) does not apply.

(5) 20An undertaking entered into which involves a contravention of
subsection (1) is unenforceable.

(6) A person who contravenes subsection (1) is guilty of an offence.

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding £20,000;

(b) 25on conviction on indictment, to a fine.

(8) For the purposes of section 210, the penalty on conviction on
indictment of an offence under this section is to be deemed to include
imprisonment for a term not exceeding two years (in addition to or
instead of a fine).

(9) 30Proceedings for an offence under this section may not be instituted
except by—

(a) the Secretary of State, or

(b) the Authority.

117Q Sections 117O and 117P: exemptions

(1) 35The Secretary of State may by order made by statutory instrument
grant exemption from section 117O(1) or 117P(1) to—

(a) a person or persons of a class;

(b) generally or to such extent as may be specified in the order;

(c) unconditionally or subject to such conditions as may be
40specified in the order.

(2) Before making an order under subsection (1), the Secretary of State
must give notice—

(a) stating that the Secretary of State proposes to make such an
order and setting out the terms of the proposed order;

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(b) stating the reasons why the Secretary of State proposes to
make the order in the terms proposed; and

(c) specifying the time (not being less than 28 days from the date
of publication of the notice) within which representations or
5objections with respect to the proposals may be made,

and must consider any representations or objections which are duly
made and not withdrawn.

(3) The notice required by subsection (2) is to be given—

(a) by serving a copy of it on the Authority, and

(b) 10by publishing it in such manner as the Secretary of State
considers appropriate for bringing it to the attention of those
likely to be affected by the proposed order.

(4) Notice of an exemption granted to a particular person is to be
given—

(a) 15by serving a copy of the exemption on the person, and

(b) by publishing the exemption in such manner as the Secretary
of State considers appropriate for bringing it to the attention
of other persons who may be affected by it.

(5) Notice of an exemption granted to persons of a particular class is to
20be given by publishing the exemption in such manner as the
Secretary of State considers appropriate for bringing it to the
attention of—

(a) persons of that class, and

(b) other persons who may be affected by it.

(6) 25An exemption may be granted—

(a) indefinitely, or

(b) for a period specified in, or determined by or under, the
exemption.

(7) The conditions that may be specified may, in particular, require any
30person carrying on any activity allowed by the exemption—

(a) to comply with any direction given by the Secretary of State
or the Authority as to such matters as are specified in the
exemption or are of a description so specified;

(b) except in so far as the Secretary of State or the Authority
35consents to the person’s doing or not doing them, not to do
or to do such things as are specified in the exemption or are
of a description so specified;

(c) to refer for determination by the Secretary of State or the
Authority such questions arising under the exemption as are
40specified in the exemption or are of a description so specified.

117R Section 117Q: supplementary

(1) The Secretary of State may by order made by statutory instrument
revoke an order by which an exemption was granted to a particular
person under section 117Q(1) or vary an order by which more than
45one exemption was so granted so as to terminate any of the
exemptions—

(a) at the person’s request,

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(b) in accordance with any provision of the order by which the
exemption was granted, or

(c) if it appears to the Secretary of State inappropriate that the
exemption should continue to have effect.

(2) 5The Secretary of State may by order made by statutory instrument
revoke an order by which an exemption was granted to persons of a
particular class under section 117Q(1) or vary an order by which
more than one exemption was so granted so as to terminate any of
the exemptions—

(a) 10in accordance with any provision of the order by which the
exemption was granted, or

(b) if it appears to the Secretary of State inappropriate that the
exemption should continue to have effect.

(3) The Secretary of State may by direction withdraw an exemption
15granted to persons of a particular class under section 117Q(1) from
any person of that class—

(a) at the person’s request,

(b) in accordance with any provision of the order by which the
exemption was granted, or

(c) 20if it appears to the Secretary of State inappropriate that the
exemption should continue to have effect in the case of the
person.

(4) Before making an order under subsection (1)(b) or (c) or (2) or giving
a direction under subsection (3)(b) or (c), the Secretary of State
25must—

(a) consult the Authority, and

(b) give notice—

(i) stating that the Secretary of State proposes to make
such an order or give such a direction,

(ii) 30stating the reasons why the Secretary of State
proposes to make such an order or give such a
direction, and

(iii) specifying the time (not being less than 28 days from
the date of publication of the notice) within which
35representations or objections with respect to the
proposals may be made,

and must consider any representations or objections which are duly
made and not withdrawn.

(5) The notice required by subsection (4)(b) is to be given—

(a) 40where the Secretary of State is proposing to make an order
under subsection (1)(b) or (c), by serving a copy of it on the
person to whom the exemption was granted;

(b) where the Secretary of State is proposing to make an order
under subsection (2), by publishing it in such manner as the
45Secretary of State considers appropriate for bringing it to the
attention of persons of the class of persons to whom the
exemption was granted;

(c) where the Secretary of State is proposing to give a direction
under subsection (3)(b) or (c), by serving a copy of it on the

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person from whom the Secretary of State proposes to
withdraw the exemption.

(6) A statutory instrument containing—

(a) an order under subsection (1) or (2), or

(b) 5an order under section 117Q(1),

is subject to annulment in pursuance of a resolution of either House
of Parliament.

Section 5

SCHEDULE 5 Extension of licensing provisions in relation to Wales

1 10The Water Industry Act 1991 is amended as follows.

2 In section 2 (general duties with respect to water industry) (as amended by
Schedule 7)—

(a) in subsection (2C)—

(i) after paragraph (d) there is inserted “and”;

(ii) 15paragraph (f) and the “and” preceding it are repealed;

(b) subsection (2D) is repealed.

3 (1) Section 17A (water supply licences) (as substituted by section 1) is amended
as follows.

(2) In subsection (2)—

(a) 20the words from “one or more” to “combination of authorisations” are
repealed;

(b) after paragraph (b) there is inserted “or

(ba) a retail authorisation and a wholesale authorisation.

(c) paragraphs (c) and (d) are repealed.

(3) 25In subsection (3), the words “(including their operation in England and
Wales)” are repealed.

4 (1) Section 17AA (water supply licences: restrictions on grants) (as substituted
by section 1) is amended as follows.

(2) In subsection (1), after paragraph (b) there is inserted—

(c) 30the Welsh Ministers;

(d) the Chief Inspector of Drinking Water for Wales if there is
one.

(3) Subsection (2) is repealed.

(4) In subsection (5), paragraphs (b) and (c) are repealed.

5 35In section 17B (guidance and interpretation) (as amended by section 2)—

(a) in subsection (4A), the words “, in the case of an undertaker whose
area is wholly or mainly in England,” are repealed;

(b) subsections (5) to (8) are repealed.

6 (1) Section 17BA (sewerage licences) (inserted by section 4) is amended as
40follows.

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(2) In subsection (1), the words “whose area is wholly or mainly in England” are
repealed.

(3) After subsection (5) there is inserted—

(5A) Before giving a general authorisation, the Secretary of State must
5consult the Welsh Ministers.

7 In section 17BB (sewerage licences: restrictions on grants) (inserted by
section 4), in subsection (1), after “of State” there is inserted “, the Welsh
Ministers”.

8 In section 17C (meaning of household premises) (as amended by Schedule
107), in subsection (1), for “paragraphs 4 and 7(a)” there is substituted
“paragraph 4”.

9 Section 17D (the threshold requirement) is repealed (if not previously
repealed by an order under section 3).

10 (1) Section 17DA (guidance) (inserted by Schedule 7) is amended as follows.

(2) 15Subsection (1)(a) is repealed.

(3) In subsection (2), after “Schedule 2A” there is inserted “or paragraph 4 of
Schedule 2B”.

11 In section 17E (determinations by the Authority) (as amended by Schedule
7), in subsection (2)—

(a) 20in paragraph (a) the words “or 7(a) or (b)” are repealed;

(b) paragraph (c) is repealed.

12 (1) Section 17FA (arrangements with the Water Industry Commission for
Scotland) (inserted by section 6) is amended as follows.

(2) In subsection (1)(a), the words “or a restricted retail authorisation or both”
25are repealed.

(3) In subsection (2)(a), the words “or particular authorisations” are repealed.

13 In section 17G (water supply licence conditions) (as amended by Schedule
7), in subsection (4)(a)(iii), the words “so far as subsection (3) applies to
water supply licences,” are repealed.

14 (1) 30Section 17H (standard conditions of water supply licences) (as amended by
Schedule 7) is amended as follows.

(2) In subsection (2), for the words from “the different” to the end there is
substituted “whether the conditions are to relate to a retail authorisation or
a wholesale authorisation or both types of authorisation.”

(3) 35In subsection (3)—

(a) for “giving a particular authorisation or a particular combination of
authorisations” there is substituted “giving a retail authorisation or a
wholesale authorisation or both authorisations”;

(b) for “that particular combination of authorisations” there is
40substituted “those authorisations”.

(4) In subsection (4), for “any particular authorisation or combination of
authorisations” there is substituted “one or other or both authorisations”.

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