Water Bill (HC Bill 82)

Water BillPage 160

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

78 For the heading to Chapter 1 of Part 4 (general functions of sewerage
undertakers), at the end there is inserted “etc”.

79 In section 99 (financial conditions for compliance with the duty in section
598), subsection (7) (terms defined in sections 100 and 100A) is repealed.

80 Sections 100 and 100A (calculations for the purposes of section 99) are
repealed.

81 In section 101B (power to provide lateral drain following provision of public
sewer)—

(a) 10in subsection (3), for “water” there is substituted “sewerage”;

(b) in subsection (4), the “or” following paragraph (a) is repealed.

82 In section 104 (agreements to adopt sewers, etc), subsection (9) (inserted by
section 42(3) of the Flood and Water Management Act 2010) is repealed.

83 In section 105 (appeals with respect to adoption)—

(a) 15subsection (2) is repealed;

(b) in subsection (4), paragraph (b) and the “or” preceding it are
repealed;

(c) subsection (6) is repealed;

(d) In subsection (7), the words from “and for” to the end are repealed.

84 20In section 106B (requirement to enter into agreement before connection
charges etc), after subsection (3) (no charges for vesting declaration) there is
inserted—

(3A) A reference in this section to an agreement entered into under section
104 includes a reference to—

(a) 25an order under section 105ZA which is deemed to be an
agreement by virtue of section 105ZA(5), and

(b) an agreement which has been varied by order under section
105ZB(1).

85 In section 107 (right of sewerage undertaker to undertake the making of
30communications with public sewers), after subsection (6) there is inserted—

(7) A reference in this section to an agreement under section 104
includes a reference to—

(a) an order under section 105ZA which is deemed to be an
agreement by virtue of section 105ZA(5), and

(b) 35an agreement which has been varied by order under section
105ZB(1).

86 In section 146 (connection charges etc), after subsection (3) (no charges for
vesting declaration) there is inserted—

(3A) The reference in subsection (3) to an agreement under section 104
40includes a reference to—

(a) an order under section 105ZA which is deemed to be an
agreement by virtue of section 105ZA(5), and

(b) an agreement which has been varied by order under section
105ZB(1).

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87 (1) Section 154A (financial assistance to reduce charges of relevant undertakers
and water supply licensees) is amended as follows.

(2) In subsection (1)—

(a) the “or” following paragraph (a) is repealed;

(b) 5in paragraph (b), for “licensed water supplier” there is substituted
“water supply licensee”;

(c) in paragraph (b), “its” there is substituted “the licensee’s”;

(d) at the end of paragraph (b) there is inserted “, or

(c) a sewerage licensee that serves premises in
10accordance with the licensee’s retail authorisation
using the sewerage system of an English
undertaker..

(3) In subsection (6)—

(a) the “or” following paragraph (a) is repealed;

(b) 15in paragraph (b), for “licensed water supplier” there is substituted
“water supply licensee”;

(c) at the end of paragraph (b) there is inserted “, or

(c) to a sewerage licensee by means of an arrangement
made by the Secretary of State with an English
20undertaker that is a sewerage undertaker..

(4) In subsection (7)—

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

(b) the “or” following paragraph (a) is repealed;

(c) 25in paragraph (b), for “licensed water supplier” there is substituted
“water supply licensee”;

(d) in paragraph (b), for “its” there is substituted “the licensee’s”;

(e) at the end of paragraph (b) there is inserted “, or

(c) a person whose premises are served by a sewerage
30licensee in accordance with the licensee’s retail
authorisation using the undertaker’s sewerage
system..

(5) In subsection (8)—

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

(b) for “section 17A(2)” there is substituted “Schedule 2A or Schedule
2B, as the case may be,”.

88 In section 164 (agreements for works with respect to water sources), in
subsection (2) (notice to be given before agreeing to works entailing a
40discharge into a watercourse), for the words from “the NRA” to “if the
watercourse” substitute

(a) the Environment Agency, if the proposed works will affect
any watercourse in England,

(b) the NRBW, if the proposed works will affect any watercourse
45in Wales, and

(c) if the watercourse.

89 (1) Section 175 (offence of tampering with meter) is amended as follows.

Water BillPage 162

(2) In subsection (1) (offence of tampering) for “or licensed water supplier”
there is substituted “, water supply licensee or sewerage licensee”.

(3) In subsection (3) (meaning of “appropriate consent”)—

(a) for paragraph (b) there is substituted—

(b) 5if the meter is used by one water supply licensee, the
consent of that licensee;

(ba) if the meter is used by one sewerage licensee, the
consent of that licensee;;

(b) in paragraph (c), for sub-paragraph (ii) there is substituted—

(ii) 10a water supply licensee;

(iii) a sewerage licensee,.

90 In section 179 (vesting of works in undertaker), in subsection (1A) (when
persons may agree to vest pipes etc in a person other than the undertaker),
the words from “but no agreement” to the end are repealed.

91 15In section 213 (powers to make regulations), in subsection (1) (procedure),
after “36A” insert “, 66M”.

92 (1) Section 219 (general interpretation) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “water main”—

(i) 20for “licensed water supplier” there is substituted “water
supply licensee”;

(ii) for “or supplier” there is substituted “or licensee”;

(b) the following are inserted at the appropriate place—

  • “charging rules” means rules issued under section
    25144ZA;;

  • “sewerage licensee” is to be construed in accordance
    with section 17BA(6);;

  • “water supply licensee” is to be construed in
    accordance with section 17A(7);;

(c) 30the definition of “licensed water supplier” is repealed.

Water Act 2003 (c. 37)Water Act 2003 (c. 37)

93 The Water Act 2003 is amended as follows.

94 Section 40 (which inserted the section 2A of the Water Industry Act 1991 that
is being replaced by section 24 of this Act) is repealed.

95 (1) 35Section 58 (fluoridation of water supplies) is amended as follows, to the
extent that it is not in force on the day on which paragraphs 70 to 72 come
into force.

(2) In subsection (2)—

(a) in the inserted section 87 of the Water Industry Act 1991 (fluoridation
40of water supplies at request of relevant authorities), in subsections
(2)(b) and (3)(b), for “licensed water supplier” there is substituted
“water supply licensee”;

(b) in the inserted section 87C of the Water Industry Act 1991
(fluoridation arrangements: compliance), in subsection (4)(b), for

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“licensed water supplier” there is substituted “water supply
licensee”.

(3) In subsection (6), in the inserted section 90 of the Water Industry Act 1991
(indemnities in respect of fluoridation), in subsection (2)—

(a) 5for “licensed water supplier” there is substituted “water supply
licensee”;

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

Flood and Water Management Act 2010 (c. 29)Flood and Water Management Act 2010 (c. 29)

96 The Flood and Water Management Act 2010 is amended as follows.

97 10In section 42 (agreements on new drainage systems)—

(a) subsection (2) (which substitutes section 105(2) of the Water Industry
Act 1991) is repealed;

(b) subsection (3) (which inserts section 104(9) of the Water Industry Act
1991) is repealed.

98 15In section 44 (social tariffs in charges schemes), in subsection (3), for the
words from “in connection with” to “1991 Act)” there is substituted “under
the Water Industry Act 1991 in connection with undertakers’ charges
schemes under section 143 of that Act”.

Section 44

SCHEDULE 8 20Regulation of the water environment

Part 1 Purposes for which provision may be made

Interpretation

1 In this Schedule—

  • 25“fish regulations” means regulations containing provision which—

    (a)

    satisfies section 44(2)(c), or

    (b)

    is for the purpose mentioned in paragraph 8(2) or 30(3);

  • “flood regulations” means regulations containing provision which—

    (a)

    satisfies section 44(2)(b), or

    (b)

    30is for the purpose mentioned in paragraph 8(2) or 30(2);

  • “water regulations” means regulations containing provision which—

    (a)

    satisfies section 44(2)(a), or

    (b)

    is for the purpose mentioned in paragraph 8(2) or 30(1).

2 In this Schedule—

  • 35“functions” includes powers and duties;

  • “regulated activity” means—

    (a)

    in relation to water regulations, the use of water resources;

    (b)

    in relation to flood regulations, any activity that affects, or
    could affect, the drainage of land, flood risk or the
    40management of flood risk;

    Water BillPage 164

    (c)

    in relation to fish regulations, any activity that affects, or
    could affect, the movement of fish through regulated waters;

  • “regulated field” means—

    (a)

    in relation to water regulations, regulating the use of water
    5resources;

    (b)

    in relation to flood regulations, securing the drainage of land
    or the management of flood risk;

    (c)

    in relation to fish regulations, safeguarding the movement of
    fish through regulated waters;

  • 10“the regulations” means regulations under section 44;

  • “specified” means specified in the regulations.

Preliminary

3 (1) Establishing standards, objectives or requirements in relation to—

(a) regulated activities, and

(b) 15in the case of fish regulations, structures or obstructions that affect,
or could affect, the movement of fish through regulated waters.

(2) In the case of water regulations, authorising the making of plans for—

(a) the setting of overall limits,

(b) the allocation of rights, or

(c) 20the progressive improvement of standards or objectives,

relating to the use of water resources.

(3) In the case of water regulations, authorising the making of schemes for the
trading or other transfer of rights so allocated.

4 (1) Determining the authorities (whether public or local or the Minister) by
25whom functions conferred by the regulations—

(a) in relation to permits under the regulations, or

(b) otherwise for or in connection with the regulated field,

are to be exercisable (in this Schedule referred to as “regulators”).

(2) Specifying any purposes for which any such functions are to be exercisable
30by regulators.

5 Enabling the Minister to give directions which regulators are to comply
with, or guidance which regulators are to have regard to, in exercising
functions under the regulations, including—

(a) directions providing for any functions exercisable by one regulator
35to be instead exercisable by another;

(b) directions given for the purpose of the implementation of any
obligations of the United Kingdom under the EU treaties or under
any international agreement to which the United Kingdom is a party;

(c) directions relating to the exercise of any function in a particular case
40or class of case (except functions in relation to the investigation or
prosecution, in a particular case, of an offence under the regulations).

Permits

6 Prohibiting persons from carrying on any activities of any specified
description, except—

(a) 45under a permit in force under the regulations, and

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(b) in accordance with any conditions to which the permit is subject.

7 Specifying restrictions or other requirements in connection with the grant of
permits (including provisions for restricting the grant of permits to those
who are fit and proper persons within the meaning of the regulations); and
5otherwise regulating the procedure to be followed in connection with the
grant of permits.

8 (1) Prescribing the contents of permits.

(2) Authorising permits to be granted subject to conditions imposed by
regulators (the nature of any such condition not being restricted by section
1044(2)).

(3) Securing that permits have effect subject to—

(a) conditions specified in the regulations; or

(b) rules of general application specified in or made under the
regulations.

9 (1) 15Requiring permits or the conditions to which permits are subject to be
reviewed by regulators (whether periodically or in any specified
circumstances).

(2) Authorising or requiring the variation of permits or such conditions by
regulators (whether on applications made by holders of permits or
20otherwise).

(3) Regulating the making of changes in the carrying on of the activities.

10 (1) Regulating the transfer or surrender of permits.

(2) Authorising the revocation of permits by regulators.

(3) Authorising the imposition by regulators of requirements with respect to the
25taking of preventive action (by holders of permits or other persons) in
connection with the surrender or revocation of permits.

11 Authorising the Minister to make schemes for the charging by regulators of
fees or other charges in respect of, or in respect of an application for—

(a) the grant of a permit,

(b) 30the variation of a permit or the conditions to which it is subject, or

(c) the transfer or surrender of a permit,

or in respect of the subsistence of a permit.

12 Authorising, or authorising the Minister to make schemes for, the charging
by the Minister or public or local authorities of fees or other charges in
35respect of—

(a) any advice given, or

(b) any testing, assessment or investigation done or other action taken,

in cases where the advice or action is in any way in anticipation of, or
otherwise in connection with, the making of applications for the grant of
40permits or is carried out in pursuance of conditions to which any permit is
subject.

Further regulation

13 (1) Requiring persons who propose to carry out activities of a specified
description to give notice of their proposals to regulators.

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(2) Requiring owners or occupiers of land to give notice to regulators of any
obstruction of a specified description occurring on the land.

14 Requiring persons to apply for a permit under the regulations in respect of
activities of a specified description.

15 (1) 5Authorising a regulator, where a person is carrying on an activity of a
specified description—

(a) to serve notice on the person requiring them to cease carrying on the
activity or, at their own cost, to take such action in connection with
the activity as may be specified in the notice, or

(b) 10to arrange itself for action to be taken in connection with the activity.

(2) Authorising a regulator to—

(a) to serve notice on persons of a specified description requiring them,
at their own cost, to take such action as may be specified in the notice,
or

(b) 15to arrange itself for action to be taken,

in respect of a structure or obstruction of a specified description.

16 Imposing requirements, or authorising regulators to impose requirements
on persons of a specified description in relation to the operation and
maintenance of specified structures.

20Information, publicity and consultation

17 Enabling persons of any specified description (whether or not they are
holders of permits) to be required—

(a) to compile information about—

(i) regulated activities, and

(ii) 25in the case of fish regulations, structures or obstructions that
affect, or could affect, the movement of fish through
regulated waters;

(b) to provide such information in such manner as is specified in the
regulations.

18 30Securing—

(a) that publicity is given to specified matters;

(b) that regulators maintain registers of specified matters (but excepting
information which under the regulations is, or is determined to be,
commercially confidential and subject to any other exceptions
35specified in the regulations) which are open to public inspection;

(c) that copies of entries in such registers, or of specified documents,
may be obtained by members of the public.

19 Requiring or authorising regulators to carry out consultation in connection
with the exercise of any of their functions; and providing for them to take
40into account representations made to them on consultation.

Enforcement and offences

20 (1) Conferring on regulators functions with respect to the monitoring and
inspection of—

(a) the carrying on of regulated activities, or

(b) 45regulated structures or obstructions.

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(2) Authorising regulators to appoint suitable persons to exercise any such
functions and conferring on persons so appointed powers such as those
specified in—

(a) sections 169 to 174 of the Water Resources Act 1991;

(b) 5section 108(4) of the Environment Act 1995;

(c) regulation 26 of the Eels (England and Wales) Regulations 2009
(S.I. 2009/3344S.I. 2009/3344);

(d) sections 31 and 32 of the Salmon and Freshwater Fisheries Act 1975.

(3) Functions which may be conferred in reliance on sub-paragraph (1)
10include—

(a) power to take samples or to make copies of information;

(b) power to arrange for preventive or remedial action to be taken at the
expense of holders of permits.

(4) In sub-paragraph (1) “regulated structures or obstructions” means
15structures or obstructions which—

(a) may be the subject of notices served by regulators under the
regulations, or

(b) may be subject to requirements imposed under the regulations.

21 Authorising regulators to serve on holders of permits—

(a) 20notices requiring them to take remedial action in respect of
contraventions, actual or potential, of conditions to which their
permits are subject;

(b) notices requiring them to provide such financial security as the
regulators serving the notices consider appropriate pending the
25taking of remedial action in respect of any such contraventions;

(c) notices requiring them to take steps to remove or reduce, or to
mitigate the effect of the potential consequences of, the following
imminent risks (whether or not arising from any such
contraventions)—

(i) 30an imminent risk of a significant waste of water resources or
of significant damage to the environment, in the case of water
regulations;

(ii) an imminent risk of a significant impediment to drainage or
of a flood, in the case of flood regulations;

(iii) 35an imminent risk of a significant impediment to the
movement of fish through regulated waters, in the case of
fish regulations.

22 Authorising regulators to suspend the operation of permits so far as having
effect to authorise the carrying on of activities to which they relate.

23 40Establishing a procedure for the resolution of disputes in relation to notices
served by regulators under the regulations.

24 Providing for the enforcement of notices served by regulators under the
regulations by proceedings in—

(a) the High Court, or

(b) 45in the case of fish regulations applying as mentioned in section
44(11)(b), the Sheriff Court.

25 Where action is required to be taken by a person under the regulations or
pursuant to a notice served under the regulations, authorising regulators in

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specified circumstances to take action instead of that person; and making
provision for the liability of that person in respect of reasonable costs
incurred by the regulators in taking such action.

26 Creating offences and dealing with matters relating to such offences,
5including—

(a) the provision of defences, and

(b) evidentiary matters.

27 Enabling, where a person has been convicted of an offence under the
regulations—

(a) 10a court dealing with that person for the offence to order the taking of
remedial action (in addition to or instead of imposing any
punishment), or

(b) a regulator to arrange for such action to be taken at that person’s
expense.

28 15Where a person causes damage to any structure constructed, altered or
maintained by a regulator under these regulations, authorising the regulator
to require the person to pay the expenses of the regulator in repairing the
damage and providing for the manner in which such expenses may be
recovered.

20Appeals

29 Conferring rights of appeal in respect of decisions made, notices served or
other things done (or omitted to be done) under the regulations; and making
provision for (or for the determination of) matters relating to the making,
considering and determination of such appeals (including provision for or
25in connection with the holding of inquiries or hearings).

Corresponding provision

30 (1) Making provision which, subject to any modifications that the Minister
considers appropriate, corresponds or is similar to any provision made by or
under, or capable of being made under—

(a) 30section 71 of the Water Industry Act 1991 (waste from water sources);

(b) Chapter 2 of Part 2 of the Water Resources Act 1991 (abstraction and
impounding);

(c) Part 1 of the Water Act 2003 (abstraction and impounding).

(2) Making provision which, subject to any modifications that the Minister
35considers appropriate, corresponds or is similar to—

(a) any provision made by section 339 of the Highways Act 1980 (saving
for works etc of drainage authorities etc);

(b) any provision made by or under, or capable of being made under,
sections 109 and 110 of the Water Resources Act 1991 (erecting
40structures over main rivers etc prohibited without consent);

(c) any provision made by any byelaw, or capable of being made by any
byelaw, under paragraph 5 of Schedule 25 to that Act (byelaws for
flood defence and drainage purposes).

(3) Making provision which, subject to any modifications that the Minister
45considers appropriate, corresponds or is similar to—

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(a) sections 9 to 15 and 18 of the Salmon and Freshwater Fisheries Act
1975 (obstructions to passage of fish);

(b) Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/
3344) (passage of eels).

(4) 5Each reference to an enactment in sub-paragraph (1), (2) or (3) is a reference
to that enactment as it has effect on the coming into force of that sub-
paragraph.

(5) Provision made under this paragraph is not subject to the requirement in
section 44(2).

10Crown application

31 Making provision about the application of the regulations to the Crown.

Part 2 Supplementary provision

Water regulations trading schemes: penalties

32 (1) 15The regulations may, if they are water regulations, authorise the inclusion in
a trading scheme of—

(a) provision for penalties in respect of contraventions of provisions of
the scheme;

(b) provision for the amount of any penalty under the scheme to be such
20as may be set out in, or calculated in accordance with—

(i) the scheme, or

(ii) the regulations (including regulations made after the scheme
starts to operate).

(2) In this paragraph “trading scheme” means a scheme of the kind mentioned
25in paragraph 3(3).

Determination of matters by regulators

33 The regulations may make provision for anything which, by virtue of
paragraphs 7 to 10, could be provided for by the regulations to be
determined under the regulations by regulators.

30Delegation between regulators

34 The regulations may make provision authorising regulators to arrange for
specified functions to be exercised on their behalf by other regulators.

Imposition of conditions

35 In connection with the determination of conditions as mentioned in
35paragraph 8(3)(a) the regulations may in particular provide—

(a) for such conditions to be determined in the light of any specified
general principles and any directions or guidance given under the
regulations;