Water Bill (HC Bill 82)

(c) in paragraph (d), for “company”, there is substituted “person”.

(6) In subsection (7)—

(a) for “company”, there is substituted “person on whom the penalty has
been imposed”;

(b) 5the words “on it” are repealed.

(7) In subsection (8)(b), for “company”, there is substituted “person on whom
the penalty is to be or has been imposed.”

(8) In subsection (11), for the words from “10%” to “(determined” there is
substituted “—

“(a) 1010% of the turnover of the company, or

(b) in a case where the person on whom the penalty is imposed
is not a company, 10% of the turnover of the business of the
person,

(determined”.

28 (1) 15Section 22C (time limits on the imposition of financial penalties) is amended
as follows.

(2) In subsection (1)—

(a) in the opening words, after “penalty” there is inserted “on a person”;

(b) in paragraph (a), for “company” there is substituted “person”;

(c) 20in paragraph (b), for “company” there is substituted “person”.

(3) In subsection (2), in the opening words—

(a) after the first “penalty” there is inserted “on a person”;

(b) for “company” there is substituted “person”.

29 (1) Section 22E (appeals) is amended as follows.

(2) 25In subsection (1), for “company on which” there is substituted “person on
whom”.

(3) In subsections (2)(a) and (b) (in both places) and (4)(b), for “company” there
is substituted “person”.

30 In section 22F (recovery of penalties), for “company” there is substituted
30“person”.

31 (1) Section 23 (meaning and effect of special administration orders) is amended
as follows.

(2) In subsection (1), for “a qualifying licensed water supplier” there is
substituted “a qualifying water supply licensee or a qualifying sewerage
35licensee”.

(3) In subsection (2A)—

(a) for “a qualifying licensed water supplier” there is substituted “a
qualifying water supply licensee”;

(b) for “subsection (6)(b)” there is substituted “subsection (7)”.

(4) 40After subsection (2A) there is inserted—

“(2AA) The purposes of a special administration order made in relation to a
company which is a qualifying sewerage licensee must be—

(a) the transfer to another company or companies, as a going
concern, of so much of the company’s undertaking as it is
necessary to transfer in order to secure that the activities
relating to the removal or removals of matter mentioned in
5subsection (9) may be properly carried on, and

(b) the carrying on of those activities pending the making of the
transfer.”

(5) In subsection (2B)(b)—

(a) in the opening words, for “or (2A)(a)” there is substituted “, (2A)(a)
10or (2AA)(a)”;

(b) in sub-paragraph (ii), for “or (2A)(a)” there is substituted “, (2A)(a) or
(2AA)(a)”.

(6) In subsection (2C), for “and (2A)(b)” there is substituted “, (2A)(b) and
(2AA)(b)”.

(7) 15In subsection (4), for paragraph (b) there is substituted—

“(b) a company carries on activities relating to—

(i) the introduction or introductions of water mentioned
in subsection (7) formerly carried on by another
company; or

(ii) 20the removal or removals of matter mentioned in
subsection (9) formerly carried on by another
company,”.

(8) In subsection (6)—

(a) for “licensed water supplier” there is substituted “water supply
25licensee”;

(b) for “qualifying licensed water supplier” there is substituted
“qualifying water supply licensee”;

(c) for paragraphs (a) and (b) there is substituted—

“(a) it is the holder of a water supply licence giving it a
30wholesale or supplementary authorisation (within
the meaning of Chapter 1A), and

(b) the condition in subsection (7) is satisfied in relation
to it.”

(9) After subsection (6) there is inserted—

“(7) 35The condition in this subsection is that—

(a) the introduction of water by the licence holder which is
permitted under section 66B or 66C is designated as a
strategic supply under section 66G, or

(b) the introductions of water by the licence holder which are
40permitted under section 66B or 66C are designated as a
collective strategic supply under section 66H.”

(10) After subsection (7) (inserted by sub-paragraph (9)) there is inserted—

“(8) For the purposes of this section, sections 24 to 26 and Schedule 2, a
sewerage licensee is a qualifying sewerage licensee if—

(a) 45it is the holder of a sewerage licence giving it a wholesale or
disposal authorisation (within the meaning of Chapter 1A of
this Part), and

(b) the condition in subsection (9) is satisfied in relation to it

(9) The condition in this subsection is that—

(a) the removal of matter by the licence holder which is
permitted under section 117C or 117D is designated as
5strategic sewerage provision under section 117M, or

(b) the removals of matter by the licence holder which are
permitted under section 117C or 117D are designated as
collective strategic sewerage provision under section 117N.”

32 (1) Section 24 (special administration orders made on special petitions) is
10amended as follows.

(2) In subsection (1A)—

(a) in paragraphs (a) and (b), the words “(after consulting the
Assembly)” are repealed;

(b) in paragraph (b), before “the Authority” there is inserted “by”;

(c) 15in the words following paragraph (b), for “qualifying licensed water
supplier” there is substituted “qualifying water supply licensee or
qualifying sewerage licensee”.

(3) After subsection (1A) there is inserted—

“(1B) Before presenting a petition under subsection (1A) in relation to a
20qualifying water supply licensee whose licence gives it a
supplementary authorisation, the Secretary of State or the Authority
(as the case may be) must consult the Welsh Ministers.”

(4) In subsection (2)—

(a) in paragraph (bb), for “qualifying licensed water supplier” there is
25substituted “qualifying water supply licensee”;

(b) after paragraph (bb) there is inserted—

“(bc) in the case of a company which is a qualifying
sewerage licensee, that—

(i) action taken by the company has caused a
30contravention by a sewerage undertaker of
any principal duty; and

(ii) that action is serious enough to make it
inappropriate for the company to continue to
hold its licence;”;

(c) 35in paragraph (d), for “qualifying licensed water supplier” there is
substituted “qualifying water supply licensee or a qualifying
sewerage licensee”.

(5) In subsection (7)(b), for “qualifying licensed water supplier” there is
substituted “qualifying water supply licensee or a qualifying sewerage
40licensee”.

33 In section 25 (power to make special administration order on winding-up
petition) for “qualifying licensed water supplier”, in both places, there is
substituted “qualifying water supply licensee or a qualifying sewerage
licensee”.

34 45In section 26 (restrictions on voluntary winding up and insolvency
proceedings), in subsection (1), for “qualifying licensed water supplier”

there is substituted “qualifying water supply licensee or a qualifying
sewerage licensee”.

35 (1) Section 27 (general duty of Authority to keep matters under review) is
amended as follows.

(2) 5In subsection (1)(b), for “licensed water suppliers” there is substituted
“water supply licensees or sewerage licensees”.

(3) In subsection (2)—

(a) in paragraph (aa), for “companies” there is substituted “persons”;

(b) in paragraph (b), after “company” there is inserted “or person”.

(4) 10In subsection (4)—

(a) in paragraph (c), for the words from “retail” to “Part)” there is
substituted “the authorisations or combinations of authorisations
given by licences under Chapter 1A of this Part (see sections 17A and
17BA)”;

(b) 15in paragraph (d), for “company” there is substituted “person”.

36 In section 27A (establishment of the Council and committees), in subsection
(13), in the definition of “the interests of consumers”—

(a) in paragraph (a), for “licensed water suppliers” there is substituted
“water supply licensees”;

(b) 20in paragraph (b), for “by sewerage undertakers” there is substituted
“ either by sewerage undertakers or by sewerage licensees acting in
their capacity as such”.

37 (1) Section 27C (the interests of consumers) is amended as follows.

(2) In subsection (1)—

(a) 25the “and” after paragraph (d) is repealed;

(b) in paragraph (e), for the words from “not eligible” to the end there is
substituted “household premises (as defined in section 17C)”;

(c) after paragraph (e) there is inserted “; and

“(f) customers, of companies holding an appointment
30under Chapter 1 of Part 2 of this Act, whose premises
are below the consumption threshold and in the area
of a relevant undertaker whose area is wholly or
mainly in Wales,”.

(3) In subsection (2), for the words from “not eligible” to “the total quantity”
35there is substituted “below the consumption threshold if the total quantity”.

38 In section 27E (provision of advice and information to public authorities), in
subsection (1), for “licensed water suppliers” there is substituted “water
supply licensees, sewerage licensees”.

39 (1) Section 27H (provision of information to the Council) is amended as follows.

(2) 40In subsection (1)—

(a) the “or” at the end of paragraph (b) is repealed;

(b) in paragraph (c) for “a licensed water supplier” there is substituted
“a water supply licensee, or”;

(c) after paragraph (c) there is inserted—

“(d) 45a sewerage licensee,”.

(3) In subsections (2), (3) and (4), after “body”, in each place, there is inserted “or
person”.

(4) In subsection (4)—

(a) for “it” there is substituted “the body or person”;

(b) 5for “its” there is substituted “the”.

40 (1) Section 27K (sections 27H to 27J: supplementary) is amended as follows.

(2) In subsection (2), for “or a licensed water supplier” there is substituted “, a
water supply licensee or a sewerage licensee”.

(3) In subsection (5), for “and a licensed water supplier” there is substituted “, a
10water supply licensee and a sewerage licensee”.

41 (1) Section 29 (consumer complaints) is amended as follows.

(2) In subsection (1)—

(a) for “or a licensed water supplier” there is substituted “, a water
supply licensee or a sewerage licensee”;

(b) 15for “by that licensed water supplier” there is substituted “by that
water supply licensee or that sewerage licensee”.

(3) In subsection (5)(a), for the words from “by a licensed water supplier” to
“Wales” there is substituted “—

“(i) by a water supply licensee using the supply system of
20a water undertaker whose area is wholly or mainly in
Wales, or

(ii) by a sewerage licensee using the supply system of a
sewerage undertaker whose area is wholly or mainly
in Wales”.

(4) 25In subsections (8)(a) and (b) and (9), for “or the licensed water supplier”
there is substituted “, the water supply licensee or the sewerage licensee”.

42 For the heading to Chapter 1 of Part 3 (general duties of water undertakers)
at the end there is inserted “etc”.

43 In section 37A (water resources management plans: preparation and
30review)—

(a) in subsection (3)(b), for “licensed water suppliers” there is
substituted “water supply licensees”;

(b) in subsection (8)(d) for “licensed water supplier” there is substituted
“water supply licensee”.

44 35In section 37C (water resources management plans: provision of
information)—

(a) for “licensed water supplier”, in each place, there is substituted
“water supply licensee”;

(b) in the closing words to subsection (3), for “licensed water supplier’s”
40there is substituted “water supply licensee’s”.

45 In section 37D (water resources management plans: supplementary), in
subsection (3)(b), for “licensed water supplier” there is substituted “water
supply licensee”.

46 In section 38B (publication of statistical information about complaints)—

(a) in subsection (1), for “licensed water suppliers” there is substituted
“water supply licensees”;

(b) in subsection (2), for “licensed water suppliers” there is substituted
“water supply licensees”.

47 (1) 5Section 39A (information to be given to customers about performance) is
amended as follows.

(2) In subsections (1) and (2A), for “licensed water suppliers”, in both places,
there is substituted “water supply licensees”.

(3) After subsection (1) there is inserted—

“(1A) 10Each water supply licensee must, in such form and manner as the
Authority may direct, take steps to inform the licensee’s customers
of—

(a) the standards of overall performance established under
section 38ZA(1) which are applicable to that licensee;

(b) 15that licensee’s level of performance as regards those
standards.”

(4) In subsection (2), after “any such direction” there is inserted “under
subsection (1) or (1A)”.

(5) In subsection (3) for “licensed water supplier” there is substituted “water
20supply licensee”.

48 In section 39B (drought plans: preparation and review)—

(a) in subsection (4)(b), for “licensed water suppliers” there is
substituted “water supply licensees”;

(b) in subsection (7)(d), for “licensed water supplier” there is substituted
25“water supply licensee”.

49 In section 39C (drought plans: provision of information)—

(a) for “licensed water supplier”, in each place, there is substituted
“water supply licensee”;

(b) in the closing words to subsection (3), for “licensed water supplier’s”
30there is substituted “water supply licensee’s”.

50 In section 42 (financial conditions for compliance with the duty in section
41), subsection (7) (terms defined in sections 43 and 43A) is repealed.

51 Sections 43 and 43A (calculations for the purpose of section 42) are repealed.

52 Section 48 (interest on sums provided by way of security) is repealed.

53 (1) 35Section 52 (domestic supply duty) is amended as follows.

(2) In subsection (4A) (exclusion of certain premises), in paragraph (c), at the
beginning, there is inserted “in the case of premises to be supplied using the
supply system of a water undertaker whose area is wholly or mainly in
Wales,”.

54 (1) 40Section 61 (disconnections for non-payment of charges) is amended as
follows.

(2) In subsection (1), after “cut off a supply of water to any premises,” there is

inserted “if subsection (1ZA) or (1ZB) applies.

“(1ZA) This subsection applies”.

(3) After the subsection (1ZA) so formed there is inserted—

“(1ZB) This subsection applies if a water supply licensee has requested the
5undertaker to disconnect the service pipe or otherwise cut off the
supply of water as mentioned in subsection (1), in circumstances
where the occupier of the premises in question—

(a) is liable (whether as occupier or under any agreement with
the water supply licensee) to pay charges due to the water
10supply licensee in respect of the supply of water to the
premises, and

(b) has failed to do so before the end of the period of seven days
beginning with the day after the occupier is served with
notice requiring such payment.”

(4) 15In subsection (2)(a), for “subsection (1)” there is substituted “subsection
(1ZA)”.

(5) In subsection (4)—

(a) the words “, from the person in respect of whose liability the power
is exercised,” are repealed;

(b) 20at the end there is inserted “—

“(a) from the person in respect of whose liability the
power is exercised, in a case where the power is
exercised in the circumstances mentioned in
subsection (1ZA);

(b) 25from the water supply licensee who made the request,
in a case where the power is exercised in the
circumstances mentioned in subsection (1ZB).”

55 In section 63 (general duties of undertakers with respect to disconnections),
after subsection (3) there is inserted—

“(3A) 30A water undertaker is not guilty of an offence under subsection (3)
where it disconnects a service pipe, or otherwise cuts off a supply of
water under section 61 in the circumstances mentioned in section
61(1ZB) (request from water supply licensee).”

56 In the italic heading preceding section 63AA, for “licensed water supplier”
35there is substituted “water supply licensee”.

57 (1) Section 63AA (supply by licensed water supplier: domestic supply duty) is
amended as follows.

(2) In the title, for “licensed water supplier” there is substituted “water supply
licensee”.

(3) 40In subsection (1)(a), for “licensed water supplier” there is substituted “water
supply licensee”.

58 (1) Section 63AB (supply by licensed water supplier: non-domestic supply) is
amended as follows.

(2) In the title, for “licensed water supplier” there is substituted “water supply
45licensee”.

(3) In subsection (1)(a), for “licensed water supplier” there is substituted “water
supply licensee”.

59 (1) Section 63AC (interim duty of water undertaker: domestic and non-
domestic supply) is amended as follows.

(2) 5In subsections (1)(a) and (2), for “licensed water supplier” there is
substituted “water supply licensee”.

60 In the italic heading preceding section 68, for “licensed water suppliers”
there is substituted “water supply licensees”.

61 (1) Section 68 (duties with respect to water quality) is amended as follows.

(2) 10In the title, for “licensed water suppliers” there is substituted “water supply
licensees”.

(3) In subsection (1A)—

(a) for “licensed water supplier” there is substituted “water supply
licensee”;

(b) 15in paragraph (a), for “its retail authorisation” there is substituted “the
licensee’s retail authorisation or restricted retail authorisation”;

(c) in paragraph (b), for “that supplier” there is substituted “that
licensee”;

(d) in paragraph (b), for “its retail authorisation” there is substituted “the
20licensee’s retail authorisation or restricted retail authorisation”;

(e) the words following paragraph (b) are repealed.

(4) In subsection (3A)—

(a) for “licensed water supplier” there is substituted “water supply
licensee”;

(b) 25in paragraph (b), for “the supplier” there is substituted “the licensee”.

(5) In subsection (3B), for “licensed water supplier” there is substituted “water
supply licensee”.

(6) In subsection (5), for “licensed water supplier” there is substituted “water
supply licensee”.

(7) 30After subsection (5) there is inserted—

“(6) References in this section to a retail authorisation or a restricted retail
authorisation are to be construed in accordance with Schedule 2A.

(7) In this section “prescribed” means—

(a) in relation to a water undertaker whose area is wholly or
35mainly in Wales, and

(b) in relation to a water supply licensee so far as relating to
licensed activities using the supply system of such a water
undertaker,

prescribed by regulations made by the Welsh Ministers by statutory
40instrument, which is subject to annulment in pursuance of a
resolution of the Assembly.”

62 (1) Section 69 (regulations for preserving water quality) is amended as follows.

(2) In subsections (1), (2), (5)(aa), (6)(b) and (c) and (7)(a)(ii) and (b), for “licensed
water supplier”, in each place, there is substituted “water supply licensee”.

(3) In subsections (3) and (4)(a) and (b), for “licensed water suppliers”, in each
place, there is substituted “water supply licensees”.

(4) In subsection (5)(aa), for “that supplier” there is substituted “that licensee”.

(5) In subsections (5)(b) and (6)(b), for “or supplier”, in both places, there is
5substituted “or licensee”.

63 In section 72 (contamination of water sources), in subsection (5)(c) for
“licensed water supplier” there is substituted “water supply licensee”.

64 In section 73 (offences of contaminating, wasting and misusing water etc), in
subsection (1)—

(a) 10for “licensed water supplier” there is substituted “water supply
licensee”.

(b) in paragraph (b), for “supplier” there is substituted “licensee”.

65 (1) Section 74 (regulations for preventing contamination, waste etc and with
respect to water fittings) is amended as follows.

(2) 15In subsection (1)(b) and (d), for “licensed water supplier”, in each place,
there is substituted “water supply licensee”.

(3) In subsection (1)(c), for “a licensed water supplier” there is substituted “that
or another water supply licensee”.

66 (1) Section 75 (power to prevent damage and to take steps to prevent
20contamination, waste etc) is amended as follows.

(2) In subsection (1A), for “licensed water supplier” there is substituted “water
supply licensee”.

(3) In subsection (11)(b), for “licensed water supplier” there is substituted
“water supply licensee”.

(4) 25In subsection (12), for “section 17B(5)” there is substituted “section 17B”.

67 In section 76 (temporary bans on use)—

(a) in subsection (1), for “by it” there is substituted “by means of its
supply system”;

(b) after subsection (7) there is inserted—

“(8) 30The reference in subsection (1) to the supply system of a
water undertaker is to be construed in accordance with
section 17B.”

68 (1) Section 78 (local authority functions in relation to undertakers’ supplies) is
amended as follows.

(2) 35In subsection (1)(a), for “licensed water supplier” there is substituted “water
supply licensee”.

(3) In subsection (3), for “section 17B(5)” there is substituted “section 17B”.

69 (1) Section 86 (assessors for the enforcement of water quality) is amended as
follows.

(2) 40In subsections (2)(a)(i), (3), (4)(c)(i), and (6), for “licensed water supplier”, in
each place, there is substituted “water supply licensee”.

(3) In subsection (4)(c)(i), for “or supplier” there is substituted “or licensee”.

(4) In subsection (6), for “it” there is substituted “that person”.

70 In section 87 (fluoridation of water supplies at request of relevant
authorities), in subsections (2)(b) and (3)(b), for “licensed water supplier”
there is substituted “water supply licensee”.

71 5In section 87C (fluoridation arrangements: compliance), in subsection (4)(b),
for “licensed water supplier” there is substituted “water supply licensee”.

72 In section 90 (indemnities in respect of fluoridation), in subsection (2)—

(a) for “licensed water supplier” there is substituted “water supply
licensee”;

(b) 10for “it”, in both places, there is substituted “the licensee”.

73 In section 93 (interpretation of Part 3), in subsection (1), in the definition of
“private supply”, for “licensed water supplier” there is substituted “water
supply licensee”.

74 (1) In section 93A (duty to promote the efficient use of water)—

(a) 15in subsections (1), (2) and (3), for “licensed water supplier”, in each
place, there is substituted “water supply licensee”;

(b) in subsections (1) and (3), for “its customers” there is substituted
“that person’s customers”.

75 (1) Section 93B (power of Authority to impose requirements on water
20undertakers) is amended as follows.

(2) In subsections (1), (2), (3), (4), (5) and (6), for “licensed water supplier”, in
each place, there is substituted “water supply licensee”.

(3) In subsection (1), for “its performance of its duty” there is substituted “the
performance of that undertaker’s or licensee’s duty”.

(4) 25In subsections (2), (4), (5) and (6), for “or supplier”, in each place, there is
substituted “or licensee”.

(5) In subsection (2), for “its duty” there is substituted “the undertaker’s or
licensee’s duty”.

(6) In subsections (3) and (6), for “its customers”, in each place, there is
30substituted “that person’s customers”.

76 (1) Section 93C (publicity of requirements imposed under section 93B) is
amended as follows.

(2) In subsection (1)—

(a) for “licensed water supplier” there is substituted “water supply
35licensee”;

(b) for “or supplier’s” there is substituted “or licensee’s”.

(3) In subsection (2)(b), for “or supplier” there is substituted “or licensee”.

77 (1) Section 93D (information as to compliance with requirements under section
93B) is amended as follows.

(2) 40In subsection (1), (2) and (3), for “licensed water supplier”, in each place,
there is substituted “water supply licensee”.

(3) In subsection (1), (2)(b) and (3), for “or supplier”, in each place, there is
substituted “or licensee”.