Water Bill (HL Bill 71)

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

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

“(i) 5by a water supply licensee using the supply system of
a water undertaker whose area is wholly or mainly in
Wales, or

(ii) by a sewerage licensee using the supply system of a
sewerage undertaker whose area is wholly or mainly
10in Wales”.

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

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

44 15In section 37A (water resources management plans: preparation and
review)—

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

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

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

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

(b) 25in the closing words to subsection (3), for “licensed water supplier’s”
there is substituted “water supply licensee’s”.

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

47 30In section 38B (publication of statistical information about complaints)—

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

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

48 (1) 35Section 39A (information to be given to customers about performance) is
amended as follows.

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

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

“(1A) 40Each water supply licensee must, in such form and manner and with
such frequency as the Authority may direct, take steps to inform the
licensee’s customers of—

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

(b) 45that licensee’s level of performance as regards those
standards.

(1B) The Authority may direct that the requirement in subsection (1A) is
not to apply to such water supply licensees as may be specified in the
direction.”

(4) In subsection (2), for “any such direction” there is substituted “a direction
5under subsection (1) or (1A)”.

(5) In subsection (2B), for “section 17B(5)” there is substituted “section 17B”.

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

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

(a) 10in subsection (4)(b), for “licensed water suppliers” there is
substituted “water supply licensees”;

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

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

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

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

51 In section 42 (financial conditions for compliance with the duty in section
2041), subsection (7) (terms defined in sections 43 and 43A) is repealed.

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

53 In section 47 (conditions of connection with water main), in subsection (1),
for “sections 48 to” substitute “sections 49 and”.

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

55 (1) 25Section 52 (domestic supply duty) is amended as follows.

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

56 30In 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,”.

57 (1) Section 61 (disconnections for non-payment of charges) is amended as
35follows.

(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
40subsection (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
supply of water to the premises.

(1ZC) 5A 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
the supply of water to the premises,

(b) 10the 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
notice was served, and

(d) 15that period has expired.”

(4) In subsection (2)—

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

(b) in the words following paragraph (b), for “that subsection” there is
20substituted “subsection (1)”.

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

“(2A) Where—

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

(b) 25within 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,

the licensee may not make a request under subsection (1ZB) in
30relation 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) 35in 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) 40the 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
45exercised 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) In subsection (5)—

(a) 5in paragraph (b)—

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

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

(b) 10in 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”
there is substituted “the primary premises”;

(iii) 15for “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
in reliance on subsection (5) if—

(a) 20in 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
subsection (1) because of a request for disconnection under
25subsection (1ZB), the secondary premises are supplied by a
person other than the licensee which made that request.”

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

“(3A) A water undertaker is not guilty of an offence under subsection (3)
30where 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).”

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

60 (1) 35Section 63AA (supply by licensed water supplier: domestic supply duty) is
amended as follows.

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

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

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

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

(3) 45In subsection (1), in the opening words, after “above” there is inserted “or
section 63AC(2)”.

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

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

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

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

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

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

(3) In subsection (1A)—

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

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

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

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

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

(4) In subsection (3A)—

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

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

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

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

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

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

(7) In this section “prescribed” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

70 In section 76 (temporary bans on use)—

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

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

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

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

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

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

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

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

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

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

73 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”.

74 5In section 87C (fluoridation arrangements: compliance), in subsection (4)(b),
for “licensed water supplier” there is substituted “water supply licensee”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) In subsection (1)—

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

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

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

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

(2) 40In 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
substituted “or licensee”.

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

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

82 In section 95B (publication of statistical information about complaints)—

(a) 5in subsection (1), after “undertakers” there is inserted “or sewerage
licensees”;

(b) in subsection (2), after “undertakers” there is inserted “or sewerage
licensees”.

83 (1) Section 96A (information to be given to customers about overall
10performance) is amended as follows.

(2) In subsection (1), after “customers” there is inserted “, and, if the direction so
specifies, sewerage licensees using the undertaker’s sewerage system for the
purpose of providing sewerage services to the premises of customers,”.

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

“(1A) 15Each sewerage licensee must, in such form and manner and with
such frequency as the Authority may direct, take steps to inform the
licensee’s customers of—

(a) the standards of overall performance established under
section 95ZA(1) which are applicable to that licensee;

(b) 20that licensee’s level of performance as regards those
standards.

(1B) The Authority may direct that the requirement in subsection (1A) is
not to apply to such sewerage licensees as may be specified in the
direction.”

(4) 25In subsection (2), for “any such direction” there is substituted “a direction
under subsection (1) or (1A)”.

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

“(2A) The sewerage licensees referred to in subsection (1) shall, if the
Authority so directs, pass on the information about the matters
30mentioned in that subsection to their customers.

(2B) In subsection (1), the reference to the sewerage undertaker’s
sewerage system is to be construed in accordance with section
17BA(7).”

(6) In subsection (3), after “undertaker” there is inserted “or sewerage licensee”.

84 35In section 99 (financial conditions for compliance with the duty in section
98), subsection (7) (terms defined in sections 100 and 100A) is repealed.

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

86 In section 101B (power to provide lateral drain following provision of public
40sewer)—

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

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

87 In section 102 (adoption of sewers and disposal works), in subsection (4)

(sewerage undertaker to give notice of proposal), after “under this section”
there is inserted—

“(za) shall give notice of its proposal to any sewerage licensee
which uses, or removes matter from, the undertaker’s
5sewerage system in accordance with a retail, wholesale or
disposal authorisation;”.

88 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.

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

(a) 10subsection (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.

90 15In section 105C (adoption schemes: supplementary), in subsection (2), after
paragraph (a) insert—

“(aa) any sewerage licensee which uses, or removes matter from,
the sewerage system of any such sewerage undertaker in
accordance with a retail, wholesale or disposal
20authorisation;”.

91 In 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
25104 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) an agreement which has been varied by order under section
105ZB(1).”

92 30In 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) an order under section 105ZA which is deemed to be an
35agreement by virtue of section 105ZA(5), and

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

93 In section 113 (power to alter drainage system of premises in an area), in
subsection (3), for the words from “notice of its proposals to” to the end of
40the subsection substitute “—

(a) the owner of the premises in question, and

(b) any sewerage licensee providing sewerage services to those
premises.”

94 In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the
45Water Resources Act 1991” there is inserted “or the Environmental
Permitting (England and Wales) Regulations 2010 (S.I. 2010/675S.I. 2010/675)”.

95 (1) Section 146 (connection charges etc) is amended as follows.

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

“(3A) The reference in subsection (3) 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).”

(3) In subsection (4)—

(a) 10after “sewerage undertaker” there is inserted “or a sewerage
licensee”;

(b) after “to the undertaker” there is inserted “or the licensee (as the case
may be)”.

(4) In subsection (5), after “certain charges” there is inserted “by relevant
15undertakers”.

96 In section 147 (charging for use of emergency water), in subsection (1), after
“undertaker” there is inserted “or water supply licensee”.

97 In section 148 (restriction on charging for metering works), in subsection
(2)(cc), after “section 66D” there is inserted “or 117E”.

98 20In section 150 (fixing maximum charges for services provided with the help
of undertakers’ services), for subsection (1A) there is substituted—

“(1A) This section does not apply to—

(a) water supplies provided by a water supply licensee, or

(b) sewerage services provided by a sewerage licensee,

25to premises of customers in accordance with Chapter 1A of Part 2.”

99 In section 152 (grants for national security purposes), in subsection (1), for
“and licensed water suppliers” there is substituted “, water supply licensees
and sewerage licensees”.

100 (1) Section 154A (financial assistance to reduce charges of relevant undertakers
30and water supply licensees) is amended as follows.

(2) In subsection (1)—

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

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

(c) 35in 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
accordance with the licensee’s retail authorisation
using the sewerage system of an English
40undertaker.”.

(3) In subsection (6)—

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

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