PART 1 continued CHAPTER 3 continued
Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-78 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-177 Last page
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(7) The regulations must—
(a)
provide for appeals to be brought only where the CMA grants
permission for an appeal;
(b)
provide for the grounds on which the CMA may refuse
5permission.
(8)
Before making regulations under this section the Secretary of State
must consult—
(a) the Welsh Ministers;
(b) the Authority;
(c)
10such other persons as the Secretary of State considers
appropriate.
(1)
The functions of the CMA with respect to appeals under section 207A
are not to be regarded as comprised in its general functions for the
15purposes of Part 2 of Schedule 7 to the Competition Act 1998 (manner
in which general functions are to be carried out).
(2) Schedule 16 (provision as to procedure on appeals) has effect.
(1)
The Secretary of State may by regulations provide for the
20determination by the CMA of an appeal under section 207A.
(2)
The regulations must require the CMA in determining the appeal to
have regard, to the same extent as is required of the Authority, to the
matters to which the Authority must have regard in exercising or
performing the powers and duties mentioned in section 2(1).
(3)
25The regulations must provide that the CMA in determining the
appeal—
(a)
may have regard to any matter to which the Authority was not
able to have regard in the case of the decision appealed against,
but
(b)
30must not, in the exercise of that power, have regard to any
matter to which the Authority would not have been entitled to
have regard in that case had it had the opportunity of doing so.
(4)
The regulations may specify the grounds on which an appeal may be
allowed.
(5) 35The grounds specified by the regulations may include the following—
(a)
that the Authority failed properly to have regard to the matters
mentioned in subsection (2);
(b)
that the Authority failed properly to have regard to the
purposes for which the code in question is issued;
(c)
40that the Authority failed to give the appropriate weight to one
or more of those matters or purposes.
(6)
The regulations may make provision for the steps that the CMA is to
take—
(a) if it allows the appeal;
(b) 45if it does not allow the appeal.
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(7)
Provision under subsection (6)(a) may include remitting a matter to the
Authority for reconsideration and redetermination in accordance with
directions given by the CMA.
(8)
The regulations may make provision as to the decision of the CMA on
5the appeal, including in particular provision for the decision—
(a) to be contained in an order made by the CMA;
(b) to set out the reasons for the decision;
(c) to take effect—
(i) at the time specified in the order, or
(ii)
10at the time determined in accordance with provision set
out in the order;
(d)
to be notified to the persons who were parties to the appeal (see
paragraph 2 of Schedule 16); and
(e) to be published.
(9)
15Provision under subsection (8)(e) may allow the CMA to exclude from
publication any information which it is satisfied is—
(a)
commercial information the disclosure of which would, or
might, significantly harm the legitimate business interests of an
undertaking to which it relates;
(b)
20information relating to the private affairs of an individual the
disclosure of which would, or might, in its opinion, significantly
harm his interests.
Except where otherwise provided, the functions of the CMA with
25respect to appeals under section 207A are to be carried out on behalf of
the CMA by a group constituted for the purpose by the chair of the
CMA under Schedule 4 to the Enterprise and Regulatory Reform Act
2013.”
(3)
After Schedule 15 there is inserted the Schedule set out in Schedule 6 to this
30Act.
In the Water Industry Act 1991, after section 144ZC there is inserted—
(1) 35The Minister may issue guidance about the provisions of—
(a) rules under section 40E;
(b) rules under section 51CD;
(c) rules under section 66E;
(d) rules issued in accordance with regulations under section 66M;
(e) 40rules under section 105ZF;
(f) rules under section 110F;
(g) rules under section 117I;
(h) rules under section 143B;
(i) rules under section 144ZA.
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(2)
The guidance may in particular make provision about the principles to
be applied by the Authority in determining the provisions of the rules.
(3)
The Authority must have regard to guidance issued under this section
(as well as to any guidance issued in respect of rules made under a
5particular provision).
(4) Before issuing the guidance, the Minister must—
(a) prepare a draft of the proposed guidance;
(b) consult the relevant persons about the draft;
(c) comply with the requirements of section 144ZE.
(5) 10The relevant persons are—
(a) the Secretary of State;
(b) the Welsh Ministers;
(c) the Council;
(d)
any relevant undertakers likely to be affected by the proposed
15guidance;
(e)
any water supply licensees or sewerage licensees likely to be
affected by the proposed guidance;
(f) such other persons as the Minister thinks appropriate.
(6)
The Minister may from time to time revise the guidance and issue
20revised guidance.
(7)
Subsections (4) and (5) apply to revised guidance as they apply to the
original guidance.
(8)
The Minister must arrange for the publication of guidance issued under
this section.
(9) 25In this section “the Minister” means—
(a)
the Secretary of State, in relation to relevant undertakers whose
areas are wholly or mainly in England;
(b)
the Welsh Ministers, in relation to relevant undertakers whose
area are wholly or mainly in Wales.
(1)
Before issuing guidance under section 144ZD, the Secretary of State
must lay a draft of the proposed guidance before both Houses of
Parliament.
(2)
The Secretary of State must not issue the guidance until after the period
35of 40 days beginning with—
(a)
the day on which the draft is laid before both Houses of
Parliament, or
(b)
if the draft is laid before the House of Lords on one day and the
House of Commons on another, the later of those two days.
(3)
40If before the end of that period either House resolves that the guidance
should not be issued, the Secretary of State may not issue it.
(4)
In reckoning any period of 40 days for the purposes of subsection (2),
no account is to be taken of any time during which—
(a) Parliament is dissolved or prorogued, or
(b) 45both Houses are adjourned for more than four days.
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(5)
Before issuing guidance under section 144ZE, the Welsh Ministers must
lay a draft of the proposed guidance before the Assembly.
(6)
The Welsh Ministers must not issue the guidance until after the period
of 40 days beginning with the day on which the draft is laid before the
5Assembly.
(7)
If before the end of that period the Assembly resolves that the guidance
should not be issued, the Welsh Ministers may not issue it.
(8)
In reckoning any period of 40 days for the purposes of subsection (6),
no account is to be taken of any time during which the Assembly is
10dissolved or is in recess for more than four days.
(9)
Nothing in this section prevents the Secretary of State and the Welsh
Ministers issuing a single document containing guidance under section
144ZE, and preparing draft guidance accordingly.”
After section 207D of the Water Industry Act 1991 (inserted by section 35) there
is inserted—
(1)
20The Minister may by order made by statutory instrument provide that
any of the Authority’s adjudication functions (see subsection (4)) is to
be exercised—
(a)
on the Authority’s behalf, by such person as may be specified in
the order, or
(b)
25either by the Authority or, on the Authority’s behalf, by such
person as may be specified in the order, at the option of the
Authority in any particular case.
(2) An order under subsection (1) may—
(a)
provide for requirements applying to the exercise of a function
30by the Authority to apply to the exercise of the function by
another person;
(b)
require the Authority to produce guidance as to the exercise by
another person of one of the Authority’s adjudication functions
and to keep such guidance up to date;
(c)
35require a person exercising one of the Authority’s adjudication
functions to have regard to—
(i)
any guidance to which the Authority would have regard
in exercising that function;
(ii)
any guidance produced by the Authority as to the
40exercise of that function.
(3) An order under subsection (1) may—
(a) make different provision for different purposes;
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(b)
apply any primary or secondary legislation with or without
modifications;
(c) make supplemental, consequential and transitional provision.
(4)
For the purposes of this section, the Authority’s adjudication functions
5are—
(a)
the determination of any matter referred to it for determination
under section 30A;
(b) the Authority’s functions under any of the following—
regulations made by virtue of section 38(4) (power to
10prescribe by regulations standards of performance for
water undertakers as regards water supply in
individual cases: provision for disputes etc);
regulations made by virtue of section 38ZA(4) (power to
prescribe by regulations standards of performance for
15water supply licensees as regards water supply in
individual cases: provision for disputes etc);
regulations made by virtue of section 95(4) (power to
prescribe by regulations standards of performance for
sewerage undertakers as regards sewerage services in
20individual cases: provision for disputes etc);
regulations made by virtue of section 95ZA(4) (power to
prescribe by regulations standards of performance for
sewerage licensees as regards sewerage services in
individual cases: provision for disputes etc);
25section 105 (appeals with respect to adoption of sewer etc);
section 105B (appeals relating to schemes for the adoption
of sewers etc);
section 110 (determination of disputes with respect to cross
boundary sewers);
30section 112(2) and (3) (appeal against requirement that
proposed drain or sewer be constructed so as to form
part of general system);
section 122 (appeals relating to applications to discharge
trade effluent);
35section 126 (appeals with respect to variations of consent to
discharge trade effluent);
section 128 (application for variation of time for discharge
of trade effluent);
section 181 (investigation of complaints with respect to the
40exercise of works powers on private land);
but do not include any functions as to enforcement under section 18.
(5) In this section—
“the Minister”, in relation to an adjudication function of the
Authority, means—
45the Secretary of State, to the extent that the function is to
be exercised in relation to a relevant undertaker whose
area is wholly or mainly in England;
the Welsh Ministers, to the extent that the function is to
be exercised in relation to a relevant undertaker whose
50area is wholly or mainly in Wales;
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“primary legislation” means an Act or an Act or Measure of the
National Assembly for Wales;
“secondary legislation” means an instrument made under primary
legislation.
(6)
5A statutory instrument containing an order made by the Secretary of
State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.
(7)
A statutory instrument containing an order made by the Welsh
Ministers under this section is subject to annulment in pursuance of a
10resolution of the National Assembly for Wales.
(8)
Subsection (9) applies in relation to a statutory instrument containing
both—
(a) an order under this section made by the Secretary of State, and
(b) an order under this section made by the Welsh Ministers.
(9) 15If in accordance with subsection (6) or (7)—
(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 National Assembly for Wales resolves that an instrument
20containing an order made by the Welsh Ministers be annulled,
nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the
instrument.”
(1) After section 86 of the Water Industry Act 1991 there is inserted—
(1)
The Secretary of State may by order made by statutory instrument
confer power on the Chief Inspector of Drinking Water to charge fees
30for the exercise of a function by an inspector appointed by the Secretary
of State under section 86 (and to determine their amount).
(2)
The Welsh Ministers may by order made by statutory instrument
confer power on the designated person to charge fees for the exercise of
a function by an inspector appointed by the Welsh Ministers under
35section 86 (and to determine their amount).
(3) In subsection (2) “the designated person” means—
(a) the Chief Inspector of Drinking Water for Wales, or
(b)
if the same person is designated under section 86(1A) and (1B),
the Chief Inspector of Drinking Water in that person’s capacity
40as a person designated by the Welsh Ministers under section
86(1B).
(4)
An order under this section may include consequential,
supplementary, incidental or transitional provision, or savings.
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(5)
A statutory instrument containing an order made by the Secretary of
State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.
(6)
A statutory instrument containing an order made by the Welsh
5Ministers under this section is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(7)
Subsection (8) applies in relation to a statutory instrument containing
both—
(a) an order under this section made by the Secretary of State, and
(b) 10an order under this section made by the Welsh Ministers.
(8) If in accordance with subsection (5) or (6)—
(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)
15the National Assembly for Wales resolves that an instrument
containing an order made by the Welsh Ministers be annulled,
nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the
instrument.”
(2) 20In the Public Bodies Act 2011—
(a)
subsections (3) and (4) of section 14 (power of the Welsh Ministers to
modify by order the funding arrangements of inspectors appointed
under section 86 of the Water Industry Act 1991) are repealed;
(b)
in Schedule 4 (bodies and offices where power to modify funding
25arrangements), the entry relating to inspectors appointed by the
Secretary of State under section 86 of the Water Industry Act 1991 is
repealed.
(1)
30The Water Services Regulation Authority may modify the conditions of
appointment of a company appointed under Chapter 1 of Part 2 of the Water
Industry Act 1991 to be a water or sewerage undertaker where it considers it
necessary or expedient to do so in consequence of provision made by or under
this Part.
(2)
35The Authority may modify the conditions of a licence under Chapter 1A of Part
2 of the Water Industry Act 1991 where it considers it necessary or expedient
to do so in consequence of provision made by or under this Part.
(3) Where the Authority modifies—
(a) conditions of appointment under subsection (1), or
(b) 40conditions of a licence under subsection (2),
it may make such incidental or consequential modifications of other conditions
of the appointment or, as the case may be, other conditions of the licence as it
considers necessary or expedient.
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(4) Before making a modification under this section, the Authority must consult—
(a)
the company holding the appointment or, as the case may be, the
person holding the licence;
(b) the Secretary of State;
(c) 5the Welsh Ministers;
(d) such other persons as the Authority thinks it appropriate to consult.
(5) The power of the Authority to modify—
(a) the conditions of a company’s appointment under subsection (1), or
(b) the conditions of a person’s licence under subsection (2),
10may not be exercised after the end of the period of two years beginning with
the day on which the provision in question comes into force.
(6)
References in subsections (1) to (5) to provision made by or under this Part are
to be treated, where particular provision made by or under this Part comes into
force on a particular day for a particular purpose, as references to so much of
15such provision as comes into force on a particular day.
(7)
The Minister may give directions to the Authority for the purpose of securing
that—
(a)
the conditions of appointment of a water or sewerage undertaker are
modified under this section;
(b)
20the conditions of a licence under Chapter 1A of Part 2 of the Water
Industry Act 1991 are modified under this section.
(8)
The Minister may direct the Authority not to make a modification that it
proposes to make under this section.
(9) The Authority must comply with a direction under subsection (7) or (8).
(10) 25In this section “the Minister” means—
(a) the Secretary of State, in relation to—
(i)
a water or sewerage undertaker whose area is wholly or mainly
in England;
(ii)
a person who holds a licence under Chapter 1A of Part 2 of the
30Water Industry Act 1991;
(b)
the Welsh Ministers, in relation to a water or sewerage undertaker
whose area is wholly or mainly in Wales.
Schedule 7 (which contains further amendments) has effect.
In section 61 of the Water Resources Act 1991 (compensation where licence
modified on direction of the Secretary of State or Welsh Ministers), in
40subsection (1), after “Where a licence” there is inserted “held by a person other
than a water undertaker or sewerage undertaker”.
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(1) The Water Resources Act 1991 is amended as follows.
(2)
For sections 193 and 194 (maintenance, inspection and amendment of main
river maps for areas in England and Wales) there is substituted—
(1) The Agency must keep the main river map for England.
(2)
For the purposes of this Act the main river map for England is a record
of areas in England which—
(a)
10shows the extent to which any watercourse or part of a
watercourse is to be treated as a main river or as part of a main
river for the purposes of this Act, and
(b)
indicates which (if any) of those watercourses are watercourses
designated in a scheme made under section 137.
(3)
15The map is conclusive as to the extent to which a watercourse in
England is to be treated as a main river or as part of a main river for the
purposes of this Act.
(4) The map must specify the date on which it takes effect.
(5) The Agency must keep the map in electronic form.
(6)
20In this section and sections 193A to 193E “watercourse” has the same
meaning as in Part 4 of this Act.
(1)
The Agency must provide reasonable facilities for inspecting the main
river map for England in electronic form.
(2) 25The Agency must on request provide any person with—
(a) a hard copy of all or part of the map, or
(b) data comprising all or part of the map in electronic form.
(3)
The Agency may charge a fee for providing a copy or data under
subsection (2), but the fee—
(a)
30must, in the case of a person appearing to the Agency to have
requested a copy or data for commercial purposes, represent a
reasonable usage fee, and
(b)
in any other case, may not exceed the reasonable costs of
providing the copy or data.
(4)
35The Agency must on request provide a body mentioned in the first
column of the following table with a hard copy of, or data comprising,
such part of the main river map for England as is described in the
second column of the entry for that body.
| A local authority in England | The part that relates to the local 40authority’s area |
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| An internal drainage board for an internal drainage district that is wholly or partly in England |
The part that relates to its district, so far as that district is in England |
| A water company that exercises functions in relation to an area in England |
5The part that relates to that area |
| A highway authority that exercises functions in relation to highways in England |
The part that relates to the area in England in relation to which it 10exercises functions |
| A navigation authority that exercises functions in relation to an area in England |
The part that relates to that area |
(5) The Documentary Evidence Act 1868 has effect as if—
(a)
15the Agency were mentioned in the first column of the Schedule
to that Act;
(b)
any member of the staff of the Agency authorised to act on
behalf of the Agency were specified in the second column of the
Schedule to that Act in connection with the Agency;
(c)
20the regulation referred to in that Act included the main river
map for England kept by the Agency;
(d)
references to a copy included references to a print-out of
information kept in electronic form.
(1)
25The Agency may at any time replace the existing main river map for
England for the purpose of including—
(a)
a change which, pursuant to section 193(2)(b), is required by the
making, amendment or revocation of a scheme under section
137,
(b) 30a change to give effect to a determination under section 193C, or
(c)
a change directed by the Secretary of State under section
193D(5) (following an appeal against a determination).
(2) A replacement map may not include other changes.
(3) A replacement map must specify the date on which it takes effect.
(1)
Subject to the following provisions of this section, the Agency may
determine that—
(a)
such watercourse or part of a watercourse in England as is
specified in the determination is to be treated for the purposes
40of this Act as a main river or part of a main river;
(b)
such watercourse or part of a watercourse in England as is
specified in the determination (not being a watercourse
designated in a scheme made under section 137) is no longer to
be treated for the purposes of this Act as a main river or part of
45a main river.