Water Bill (HC Bill 82)

(b) is not continuing on that date.

27 Water resources management plans for England: resilience

(1) Chapter 1 of Part 3 of the Water Industry Act 1991 (water supply) is amended
as follows.

(2) 5In section 37A(3) (water resources management plans: preparation and
review), at the end insert—

“(and see also section 37AA).”

(3) After that section insert—

“37AA Water resources management plans for England: resilience

(1) 10The Secretary of State may give a direction about the basis on which a
water resources management plan for England is to be prepared.

(2) A direction under this section may be given only where the Secretary of
State considers it appropriate to do so with a view to securing that a
water undertaker is able to meet the need for the supply of water to
15consumers in particular circumstances.

(3) A direction under this section may, in particular, require a plan to be
prepared on the basis of a specified assumption, including—

(a) an assumption as to whether, and how often, specified
circumstances are likely to arise;

(b) 20an assumption that a specified power would or would not be
exercised by the water undertaker or another person in
specified circumstances.

(4) Before giving a direction under this section, the Secretary of State must
consult—

(a) 25the Authority,

(b) the Welsh Ministers,

(c) each water undertaker to whom the direction would apply,

(d) the Environment Agency, and

(e) such other persons as the Secretary of State considers
30appropriate.

(5) In this section—

• “specified” means specified in a direction under this section;

• “water resources management plan for England” means a water
  resources management plan prepared by a water undertaker
  35whose area is wholly or mainly in England.”

(4) In section 37D(1) (water resources management plans: directions), after “37A”
insert “, 37AA”.

28 Frequency of water resources management and drought plans

(1) The Water Industry Act 1991 is amended as follows.

(2) 40In section 37A (water resources management plans: preparation and review)—

(a) in subsection (1), after “prepare” there is inserted “, publish”;

(b) in subsection (4), after “preparing” there is inserted “and publishing”;

(c) in subsection (6), in the opening words, after “prepare” there is inserted
“and publish”.

(3) In section 37D (water resources management plans: supplementary), after
subsection (3) there is inserted—

“(4) 5The Minister may by order made by statutory instrument change the
period for the time being specified in section 37A(6)(c).

(5) In subsection (4), “the Minister” means—

(a) the Secretary of State, in relation to an order applying to water
undertakers whose areas are wholly or mainly in England, and

(b) 10the Welsh Ministers, in relation to an order applying to water
undertakers whose areas are wholly or mainly in Wales.

(6) A statutory instrument containing an order made by the Secretary of
State under subsection (4) is subject to annulment in pursuance of a
resolution of either House of Parliament.

(7) 15A statutory instrument containing an order made by the Welsh
Ministers under subsection (4) is subject to annulment in pursuance of
a resolution of the Assembly.

(8) Subsection (9) applies in relation to a statutory instrument containing
both—

(a) 20an order made by the Secretary of State under subsection (4),
and

(b) an order made by the Welsh Ministers under subsection (4).

(9) If in accordance with subsection (6) or (7) (negative resolution
procedure)—

(a) 25either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument containing
an order made by the Secretary of State be annulled, or

(b) the Assembly resolves that an instrument containing an order
made by the Welsh Ministers be annulled,

30the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.”

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

(a) in subsection (1), after “prepare” there is inserted “, publish”;

(b) in subsection (6)—

(i) 35in the opening words, after “prepare” there is inserted “and
publish”;

(ii) in paragraph (c) (long-stop date) for “three years” there is
substituted “five years”.

(5) After section 39C (drought plans: provision of information) there is inserted—

“39D 40Drought plans: supplementary

(1) The Minister may by order made by statutory instrument amend the
period for the time being specified in section 39B(6)(c).

(2) In subsection (1), “the Minister” means—

(a) the Secretary of State, in relation to an order applying to water
45undertakers whose areas are wholly or mainly in England, and

(b) the Welsh Ministers, in relation to an order applying to water
undertakers whose areas are wholly or mainly in Wales.

(3) A statutory instrument containing an order made by the Secretary of
State under subsection (1) is subject to annulment in pursuance of a
5resolution of either House of Parliament.

(4) A statutory instrument containing an order made by the Welsh
Ministers under subsection (1) is subject to annulment in pursuance of
a resolution of the Assembly.

(5) Subsection (6) applies in relation to a statutory instrument containing
10both—

(a) an order made by the Secretary of State under subsection (1),
and

(b) an order made by the Welsh Ministers under subsection (1).

(6) If in accordance with subsection (3) or (4) (negative resolution
15procedure)—

(a) either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument containing
an order made by the Secretary of State be annulled, or

(b) the Assembly resolves that an instrument containing an order
20made by the Welsh Ministers be annulled,

the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.”

29 Standards of performance: water supply

(1) After section 38 of the Water Industry Act 1991 there is inserted—

“38ZA 25 Standards of performance in connection with the supply of water:
water supply licensees

(1) For the purpose of establishing overall standards of performance in
connection with the supply of water by water supply licensees in
accordance with their retail authorisations, the Secretary of State may,
30in accordance with section 39ZA, by regulations—

(a) impose requirements in connection with such supplies of water;

(b) provide for a requirement so imposed to be enforceable under
section 18 by—

(i) the Secretary of State, or

(ii) 35the Authority, with the consent of or in accordance with
a general authorisation given by the Secretary of State.

(2) The Secretary of State may, in accordance with section 39ZA, by
regulations prescribe such standards of performance in connection
with the provision of supplies of water as, in the Secretary of State’s
40opinion, ought to be achieved in individual cases.

(3) Regulations under subsection (2) may provide that if a water supply
licensee fails to meet a prescribed standard the licensee must pay such
amount as may be prescribed to any person who—

(a) is affected by the failure, and

(b) 45is of a prescribed description.

(4) Without prejudice to the generality of the power conferred by
subsection (2), regulations under subsection (2) may—

(a) include in a standard of performance a requirement for a water
supply licensee, in prescribed circumstances, to inform a person
5of that person’s rights by virtue of any such regulations;

(b) provide for a dispute under the regulations to be referred by
either party to the dispute to the Authority;

(c) make provision for the procedure to be followed in connection
with any such reference and for the Authority’s determination
10on such a reference to be enforceable in such manner as may be
prescribed;

(d) prescribe circumstances in which a water supply licensee is to
be exempted from requirements of the regulations.

(5) Where the Authority determines any dispute in accordance with
15regulations under this section it must, in such manner as may be
specified in the regulations, give its reasons for reaching its decision
with respect to the dispute.”

(2) Section 38A of that Act (information as to levels of performance of water
undertakers) is amended in accordance with subsections (3) to (6).

(3) 20In subsection (1) (duty of Water Services Regulation Authority to collect
information)—

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

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

“(aa) the compensation paid by water supply licensees under
25regulations under section 38ZA(2); and”;

(c) in paragraph (b), after “water undertakers” there is inserted “or water
supply licensees”.

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

“(2A) At such times as the Authority may direct, each water supply licensee
30is to give the following information to the Authority—

(a) as respects each standard established by regulations under
section 38ZA(1), such information with respect to the level of
performance achieved by the licensee as may be prescribed;

(b) as respects each standard prescribed by regulations under
35section 38ZA(2), the number of cases in which compensation
was paid and the aggregate amount or value of that
compensation.”

(5) For subsection (3) (offence of failing to comply with subsection (2)) there is
substituted—

“(3) 40The requirements in subsections (2) and (2A) are enforceable by the
Authority under section 18.”

(6) In subsection (4) (publication of information collected), after “water
undertakers” there is inserted “or water supply licensees”.

(7) After section 39 there is inserted—

“39ZA Procedure for regulations under section 38ZA

(1) Section 39 applies for the purposes of making regulations under section
38ZA as it applies for the purposes of making regulations under section
538.

(2) In the application of section 39 by virtue of subsection (1), a reference to
a water undertaker is to be treated as a reference to a water supply
licensee.”

30 Standards of performance: sewerage

(1) 10After section 95 of the Water Industry Act 1991 there is inserted—

“95ZA Standards of performance in connection with the provision of
sewerage services: sewerage licensees

(1) For the purpose of establishing overall standards of performance in
connection with the provision of sewerage services by sewerage
15licensees in accordance with their retail authorisations, the Secretary of
State may, in accordance with section 96ZA, by regulations—

(a) impose requirements in connection with the provision of
sewerage services;

(b) provide for a requirement so imposed to be enforceable under
20section 18 by—

(i) the Secretary of State, or

(ii) the Authority, with the consent of or in accordance with
a general authorisation given by the Secretary of State.

(2) The Secretary of State may, in accordance with section 96ZA, by
25regulations prescribe such standards of performance in connection
with the provision of sewerage services as, in the Secretary of State’s
opinion, ought to be achieved in individual cases.

(3) Regulations under subsection (2) may provide that if a sewerage
licensee fails to meet a prescribed standard the licensee must pay such
30amount as may be prescribed to any person who—

(a) is affected by the failure, and

(b) is of a prescribed description.

(4) Without prejudice to the generality of the power conferred by
subsection (2), regulations under subsection (2) may—

(a) 35include in a standard of performance a requirement for a
sewerage licensee, in prescribed circumstances, to inform a
person of that person’s rights by virtue of any such regulations;

(b) provide for a dispute under the regulations to be referred by
either party to the dispute to the Authority;

(c) 40make provision for the procedure to be followed in connection
with any such reference and for the Authority’s determination
on such a reference to be enforceable in such manner as may be
prescribed;

(d) prescribe circumstances in which a sewerage licensee is to be
45exempted from requirements of the regulations.

(5) Where the Authority determines any dispute in accordance with
regulations under this section it must, in such manner as may be
specified in the regulations, give its reasons for reaching its decision
with respect to the dispute.”

(2) 5Section 95A of that Act (information as to levels of performance of sewerage
undertakers) is amended in accordance with subsections (3) to (6).

(3) In subsection (1) (duty of Water Services Regulation Authority to collect
information)—

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

(b) 10after paragraph (a) there is inserted—

“(aa) the compensation paid by sewerage licensees under
regulations under section 95ZA(2); and”;

(c) in paragraph (b), after “sewerage undertakers” there is inserted “or
sewerage licensees”.

(4) 15After subsection (2) there is inserted—

“(2A) At such times as the Authority may direct, each sewerage licensee is to
give the following information to the Authority—

(a) as respects each standard established by regulations under
section 95ZA(1), such information with respect to the level of
20performance achieved by the licensee as may be prescribed;

(b) as respects each standard prescribed by regulations under
section 95ZA(2), the number of cases in which compensation
was paid and the aggregate amount or value of that
compensation.”

(5) 25For subsection (3) (offence of failing to comply with subsection (2)) there is
substituted—

“(3) The requirements in subsections (2) and (2A) are enforceable by the
Authority under section 18.”

(6) In subsection (4) (publication of information collected), after “sewerage
30undertakers” there is inserted “or sewerage licensees”.

(7) After section 96 there is inserted—

“96ZA Procedure for regulations under section 95ZA

(1) Section 96 applies for the purposes of making regulations under section
95ZA) as it applies for the purposes of making regulations under
35section 95.

(2) In the application of section 96 by virtue of subsection (1), a reference to
a sewerage undertaker is to be treated as a reference to a sewerage
licensee.”

31 Notice of agreements within section 142(2)(b)

(1) 40The Water Industry Act 1991 is amended as follows.

(2) In section 142 (powers of undertakers to charge), after subsection (6) there is

inserted—

“(6A) If an undertaker makes an agreement that falls within subsection (2)(b),
it must notify the Authority of the provisions of the agreement.

(6B) The requirement in subsection (6A) is enforceable by the Authority
5under section 18.”

(3) In section 195 (the Water Services Regulation Authority’s register relating to
relevant undertakers and licensees)—

(a) in subsection (3) (power to direct that provisions of an undertaker’s
appointment etc are not entered in the register), after “any provision”
10there is inserted “or, in the case of information that falls to be entered
under subsection (3B), any information”;

(b) in subsection (3), after “that provision” there is inserted “or that
information”;

(c) after subsection (3A) there is inserted—

“(3B) 15Subject to any direction given under subsection (3), the
Authority must cause to be entered on the register such
information about an agreement falling within section 142(2)(b)
as the Authority thinks fit.

(3C) Subsection (3B) has effect in relation to agreements made after
20the coming into force of section 31 of the Water Act 2013.”

32 Register relating to undertakers and licensees

(1) Section 195 of the Water Industry Act 1991 (the Water Services Regulation
Authority’s register relating to undertakers and licensees) is amended as
follows.

(2) 25In subsection (1) (register to be maintained in a certain place, in a certain form
and for certain purposes), the words from “for the purposes” to the end are
repealed.

(3) After subsection (3C) (inserted by section 31) there is inserted—

“(3D) Subject to any direction given under subsection (3), the Authority must
30cause to be entered on the register the provisions of—

(a) a notice under section 40F(3) (reduction in charges payable
under a bulk supply agreement);

(b) a notice under section 66EA(3) (reduction in charges payable
under a section 66D agreement);

(c) 35a notice under section 110G(3) (reduction in charges payable
under a main connection agreement);

(d) a notice under section 117J(3) (reduction in charges payable
under a section 117E agreement).”

33 Operation of register

40In section 195 of the Water Industry Act 1991, for subsections (4) to (6)
(inspection of the register and fees for certified copies or extracts) there is
substituted—

“(4) The Authority must publish a notice setting out—

(a) the times at which the contents of the register are for the time
being available for inspection by the public;

(b) the fees that must be paid for, or in connection with, an
inspection of the contents of the register;

(c) 5the fees that must be paid for, or in connection with, the supply
by the Authority of—

(i) a copy of the contents of the register, certified by the
Authority as being a true copy, or

(ii) an extract from the contents of the register, certified by
10the Authority as being a true extract.

(4A) The Authority must publish the notice in such manner as the Authority
thinks appropriate for bringing it to the attention of the persons who,
in the Authority’s opinion, are likely to be affected by it.

(4B) The Authority must make the contents of the register available for
15inspection by the public—

(a) during such hours, and

(b) on payment of such fees,

as are set out in the notice under subsection (4) that is for the time being
in force.”

34 20Obtaining information for enforcement purposes

(1) Section 203 of the Water Industry Act 1991 (power to acquire information for
enforcement purposes) is amended as follows.

(2) For subsection (1) there is substituted—

“(1) The Minister or the Authority may serve a notice under subsection (2)
25in respect of—

(a) a company that holds an appointment as a relevant undertaker,
if of the opinion that Condition 1 is satisfied, or

(b) a person who holds a licence under Chapter 1A of Part 2, if of
the opinion that Condition 2 is satisfied.

(1A) 30Condition 1 is that the company—

(a) may be contravening, or may have contravened, a condition of
the appointment or a statutory or other requirement
enforceable under section 18,

(b) may be causing or contributing to, or may have caused or
35contributed to, a contravention by another company holding an
appointment as a relevant undertaker of a condition of the
appointment or a statutory or other requirement enforceable
under section 18,

(c) may be causing or contributing to, or may have caused or
40contributed to, a contravention by a person holding a licence
under Chapter 1A of Part 2 of a condition of the licence or a
statutory or other requirement enforceable under section 18,

(d) has not met the standards prescribed under section 38(2) in
connection with the provision of supplies of water, or

(e) 45has not met the standards prescribed under section 95(2) in
connection with the provision of sewerage services.

(1B) Condition 2 is that the person—

(a) may be contravening, or may have contravened, a condition of
the licence or a statutory or other requirement enforceable
under section 18,

(b) may be causing or contributing to, or may have caused or
5contributed to, a contravention by a company holding an
appointment as a relevant undertaker of a condition of the
appointment or a statutory or other requirement enforceable
under section 18,

(c) may be causing or contributing to, or may have caused or
10contributed to, a contravention by another person holding a
licence under Chapter 1A of Part 2 of a condition of the licence
or a statutory or other requirement enforceable under section
18,

(d) has not met the standards prescribed under section 38ZA(2) in
15connection with the provision of water supplies, or

(e) has not met the standards prescribed under section 95ZA(2) in
connection with the provision of sewerage services.

(1C) The notice may be served—

(a) on any person;

(b) 20for any purpose connected with powers under Chapter 2 of Part
2.”

(3) In subsections (2) and (6), for “Secretary of State”, in each place where those
words occur, there is substituted “Minister”.

(4) In subsection (7)—

(a) 25for “or licence” there is substituted “or a person holding such a licence”;

(b) the words “to him” are repealed;

(c) the words “him with” are repealed.

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

“(8) The Minister” means—

(a) 30the Secretary of State in respect of—

(i) any relevant undertaker whose area is wholly or mainly
in England;

(ii) any water supply licensee or sewerage licensee carrying
out licensed activities using the supply system or
35sewerage system of any such undertaker;

(b) the Welsh Ministers in respect of—

(i) any relevant undertaker whose area is wholly or mainly
in Wales;

(ii) any water supply licensee or sewerage licensee carrying
40out licensed activities using the supply system or
sewerage system of any such undertaker.

(9) In this section—

(a) references to the supply system of a water undertaker are to be
construed in accordance with section 17B;

(b) 45references to the sewerage system of a sewerage undertaker are
to be construed in accordance with section 17BA(7).”

Appeals relating to codes

35 Appeals relating to revisions of codes

(1) The Water Industry Act 1991 is amended as follows.

(2) After section 207 there is inserted—

“ Part 7A

Further provision about regulation

5Appeals relating to revisions of codes

207A Appeals to the CMA

(1) The Secretary of State may by regulations provide for an appeal to lie
to the CMA from—

(a) a decision by the Authority to make a revision to a designated
10code;

(b) a decision by the Authority, following consultation under this
Act about a proposed revision to a designated code, not to make
the proposed revision.

(2) For the purposes of this section a designated code is a code, or a part of
15a code, issued by the Authority under or by virtue of this Act that is
designated for the purposes of this section by regulations under this
section.

(3) The regulations may specify descriptions of revisions by reference to
which an appeal under the regulations may not be brought.

(4) 20Regulations made under subsection (3) may provide—

(a) for the exclusion of certain descriptions of revisions to operate
only in such cases as may be determined in accordance with the
regulations;

(b) for a determination in accordance with the regulations to be
25made—

(i) by such persons,

(ii) in accordance with such procedures, and

(iii) by reference to such matters and the opinions of such
persons (including the Authority),

30as may be provided for in the regulations.

(5) The regulations may—

(a) specify the persons or descriptions of persons eligible to bring
an appeal;

(b) specify conditions to be satisfied by a person wishing to bring
35an appeal.

(6) Regulations made under subsection (5) may—

(a) make different provision in relation to different codes or
different parts of a code;

(b) provide for a representative body or association to bring an
40appeal.