Water Bill (HC Bill 146)

(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,”.

55 5In section 55 (supplies for non-domestic purposes), in subsection (1A)(b),
after “17C above) or” insert “, in the case of premises to be supplied using the
supply system of a water undertaker whose area is wholly or mainly in
Wales,”.

56 (1) Section 61 (disconnections for non-payment of charges) is amended as
10follows.

(2) In subsection (1)—

(a) for “the following provisions of this section” there is substituted
“subsections (1A) to (6)”;

(b) after “cut off a supply of water to any premises,” there is inserted “if
15subsection (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 requests the
undertaker to disconnect the service pipe or otherwise cut off the
20supply of water to the premises.

(1ZC) A water supply licensee may make a request under subsection (1ZB)
only if—

(a) the occupier of the premises is liable under an agreement
with the licensee to pay charges to the licensee in respect of
25the supply of water to the premises,

(b) the licensee has served notice on the occupier requiring
payment of charges due,

(c) the occupier has failed to pay the charges before the end of
the period of seven days beginning with the day after the
30notice was served, and

(d) that period has expired.”

(4) In subsection (2)—

(a) in paragraph (a), for “subsection (1)” there is substituted “subsection
(1ZA)”;

(b) 35in the words following paragraph (b), for “that subsection” there is
substituted “subsection (1)”.

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

“(2A) Where—

(a) a water supply licensee has served a notice for the purposes
40of subsection (1ZC)(b) on a person, and

(b) within the period of seven days mentioned in subsection
(1ZC)(c), the person serves a counter-notice on the licensee
stating that he disputes his liability to pay the charges in
question,

45the licensee may not make a request under subsection (1ZB) in
relation to the premises except at a time when that person is the

occupier of the premises and those charges are enforceable against
that person in a manner specified in subsection (3).”

(6) In subsection (3)—

(a) after “subsection (2)” there is inserted “or (2A)”;

(b) 5in paragraph (a), after “the undertaker” there is inserted “or, as the
case may be, the licensee”;

(c) in paragraph (b), after “the undertaker” there is inserted “or, as the
case may be, the licensee”.

(7) In subsection (4)—

(a) 10the words “, from the person in respect of whose liability the power
is exercised,” are repealed;

(b) at 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
15exercised in the circumstances mentioned in
subsection (1ZA);

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

(8) 20In subsection (5)—

(a) in paragraph (b)—

(i) after “those premises” there is inserted “(“the primary
premises”)”;

(ii) after “other premises” there is inserted “(“the secondary
25premises”)”;

(b) in the words after paragraph (b)—

(i) for “those other premises” there is substituted “the secondary
premises”;

(ii) for “the premises in relation to which the charges are due”
30there is substituted “the primary premises”;

(iii) for “the other premises” there is substituted “the secondary
premises”.

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

“(6) The undertaker may not cut off the supply to the secondary premises
35in reliance on subsection (5) if—

(a) in a case where the undertaker is exercising the power in
subsection (1) because charges are due to it, the secondary
premises are supplied by a person other than the undertaker;

(b) in a case where the undertaker is exercising the power in
40subsection (1) because of a request for disconnection under
subsection (1ZB), the secondary premises are supplied by a
person other than the licensee which made that request.”

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

“(3A) 45A 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).”

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

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

(2) 5In the title, for “licensed water supplier” there is substituted “water supply
licensee”.

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

60 (1) Section 63AB (supply by licensed water supplier: non-domestic supply) is
10amended as follows.

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

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

61 (1) 15Section 63AC (interim duty of water undertaker: domestic and non-
domestic supply) is amended as follows.

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

62 In the italic heading preceding section 68, for “licensed water suppliers”
20there is substituted “water supply licensees”.

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

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

(3) In subsection (1A)—

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

(b) in 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
30licensee”;

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

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

(4) In subsection (3A)—

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

(b) in 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) 40In subsection (5), for “licensed water supplier” there is substituted “water
supply licensee”.

(7) After 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) 5in relation to a water undertaker whose area is wholly or
mainly 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,

10prescribed by regulations made by the Welsh Ministers by statutory
instrument, which is subject to annulment in pursuance of a
resolution of the Assembly.”

64 (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
15water 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
20substituted “or licensee”.

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

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

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

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

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

(2) 30In 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”.

68 (1) Section 75 (power to prevent damage and to take steps to prevent
35contamination, 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) 40In subsection (12), for “section 17B(5)” there is substituted “section 17B”.

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

70 (1) 5Section 78 (local authority functions in relation to undertakers’ supplies) is
amended as follows.

(2) In 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”.

71 (1) 10Section 86 (assessors for the enforcement of water quality) is amended as
follows.

(2) In 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) 15In subsection (6), for “it” there is substituted “that person”.

72 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”.

73 In section 87C (fluoridation arrangements: compliance), in subsection (4)(b),
20for “licensed water supplier” there is substituted “water supply licensee”.

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

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

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

75 25In 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”.

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

(a) in subsections (1), (2) and (3), for “licensed water supplier”, in each
30place, there is substituted “water supply licensee”;

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

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

(2) 35In 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) In subsections (2), (4), (5) and (6), for “or supplier”, in each place, there is
40substituted “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
substituted “that person’s customers”.

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

(2) 5In subsection (1)—

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

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

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

79 (1) 10Section 93D (information as to compliance with requirements under section
93B) is amended as follows.

(2) In subsection (1), (3) and (4), 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
15substituted “or licensee”.

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

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

81 In section 99 (financial conditions for compliance with the duty in section
2098), subsection (7) (terms defined in sections 100 and 100A) is repealed.

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

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

(a) 25in subsection (3), for “water” there is substituted “sewerage”;

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

84 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.

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

(a) 30subsection (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.

86 35In 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) 40an 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).”

87 In section 107 (right of sewerage undertaker to undertake the making of
communications 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) 5an 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).”

88 In section 146 (connection charges etc), after subsection (3) (no charges for
10vesting declaration) there is inserted—

“(3A) The reference in subsection (3) 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) 15an agreement which has been varied by order under section
105ZB(1).”

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

(2) In subsection (1)—

(a) 20the “or” following paragraph (a) is repealed;

(b) in 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) 25a sewerage licensee that serves premises in
accordance with the licensee’s retail authorisation
using the sewerage system of an English
undertaker.”.

(3) In subsection (6)—

(a) 30the “or” following paragraph (a) is repealed;

(b) in 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
35made by the Secretary of State with an English
undertaker 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) 40the “or” following paragraph (a) is repealed;

(c) in 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) 45a person whose premises are served by a sewerage
licensee 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
5supply licensee or of a sewerage licensee”;

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

90 In section 164 (agreements for works with respect to water sources), in
subsection (2) (notice to be given before agreeing to works entailing a
10discharge 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
15in Wales, and

(c) if the watercourse”.

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

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

(3) 20In subsection (3) (meaning of “appropriate consent”)—

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

“(b) if 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
25consent of that licensee;”;

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

“(ii) a water supply licensee;

(iii) a sewerage licensee,”.

92 In section 179 (vesting of works in undertaker), in subsection (1A) (when
30persons may agree to vest pipes etc in a person other than the undertaker),
the words from “but no agreement” to the end are repealed.

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

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

(2) 35In subsection (1)—

(a) in the definition of “protected land”, in paragraph (b), for “section
218” there is substituted “section 217”;

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

(i) for “licensed water supplier” there is substituted “water
40supply licensee”;

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

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

• ““charging rules” means rules issued under section
  144ZA;”;

• 45““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);”;

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

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672S.I. 1999/672)

95 5In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999, in the entry relating to the Water Industry Act 1991—

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

(b) for “licensed water supplier”, in each place those words occur, there
10is substituted “water supply licensee”.

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

96 The Water Act 2003 is amended as follows.

97 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.

98 (1) 15Section 58 (fluoridation of water supplies) is amended as follows, to the
extent that it is not in force on the day on which paragraphs 72 to 74 come
into force.

(2) In subsection (2)—

(a) in the inserted section 87 of the Water Industry Act 1991 (fluoridation
20of 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
25“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) for “licensed water supplier” there is substituted “water supply
30licensee”;

(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)

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

100 In section 42 (agreements on new drainage systems)—

(a) 35subsection (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.

101 In section 44 (social tariffs in charges schemes), in subsection (3), for the
40words 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 48

SCHEDULE 8 Regulation of the water environment

Part 1 Purposes for which provision may be made

5Interpretation

1 In this Schedule—

• “fish regulations” means regulations containing provision which—

  (a)

  satisfies section 48(2)(c), or

  (b)

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

• 10“flood regulations” means regulations containing provision which—

  (a)

  satisfies section 48(2)(b), or

  (b)

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

• “water regulations” means regulations containing provision which—

  (a)

  satisfies section 48(2)(a), or

  (b)

  15is for the purpose mentioned in paragraph 8(2) or 30(1).

2 In this Schedule—

• “functions” includes powers and duties;

• “regulated activity” means—

  (a)

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

  (b)

  20in relation to flood regulations, any activity that affects, or
  could affect, the drainage of land, flood risk or the
  management of flood risk;

  (c)

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

• 25“regulated field” means—

  (a)

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

  (b)

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

  (c)

  30in relation to fish regulations, safeguarding the movement of
  fish through regulated waters;

• “the regulations” means regulations under section 48;

• “specified” means specified in the regulations.

Preliminary

3 (1) 35Establishing standards, objectives or requirements in relation to—

(a) regulated activities, and

(b) in 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) 40the setting of overall limits,

(b) the allocation of rights, or

(c) the progressive improvement of standards or objectives,