Water Bill (HL Bill 71)

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

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

(4) 5In subsection (7)—

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

(b) the “or” following paragraph (a) is repealed;

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

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

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

“(c) a person whose premises are served by a sewerage
licensee in accordance with the licensee’s retail
15authorisation using the undertaker’s sewerage
system.”.

(5) In subsection (8)—

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

(b) 20for “section 17A(2)” there is substituted “Schedule 2A or Schedule
2B, as the case may be,”.

101 (1) Section 162 (works in connection with metering) is amended as follows.

(2) In subsection (1A)—

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

(b) after paragraph (d) there is inserted “, or

“(e) a sewerage licensee provides sewerage services in
respect of those premises using the undertaker’s
sewerage system.”

(3) 30In subsection (1B), for “section 17B(5)” there is substituted “section 17B”.

(4) After subsection (1B) there is inserted—

“(1C) In subsection (1A)(e) above, the reference to the sewerage system of
a sewerage undertaker shall be construed in accordance with section
17BA.”

102 35In section 163 (power to fit stopcocks), in subsection (1), for “a licensed water
supplier” there is substituted “a water supply licensee”.

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

(c) 45if the watercourse”.

104 (1) Section 174 (offences of interference with works etc) is amended as follows.

(2) In subsection (1A)(a)—

(a) in sub-paragraph (i)—

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

(ii) 5for “any such supplier” there is substituted “any such
licensee”;

(b) in sub-paragraph (ii)—

(i) for “the supplier” there is substituted “the licensee”;

(ii) for “its licence” there is substituted “the licensee’s licence”.

(3) 10In subsection (2)(b), for “licensed water supplier” there is substituted “water
supply licensee”.

(4) In subsection (2A)—

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

(b) 15in paragraph (b)(i), for “the supplier” there is substituted “the
licensee”;

(c) in paragraph (b)(ii), for “the supplier”, in both places, there is
substituted “the licensee”;

(d) in the words following paragraph (b), for “section 17B(5)” there is
20substituted “section 17B”.

(5) In subsection (3A)—

(a) in the opening words, for “the licensed water supplier” there is
substituted “the water supply licensee”;

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

(c) in paragraph (a)(ii)—

(i) for “the supplier” there is substituted “the licensee”;

(ii) for “its licence” there is substituted “the licensee’s licence”;

(d) in paragraph (b), for “a supplier”, in both places, there is substituted
30“a licensee”.

(6) In subsection (5A)—

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

(b) in paragraph (b)—

(i) 35for “the supplier” there is substituted “the licensee”;

(ii) for “its licence” there is substituted “the licensee’s licence”.

(7) In subsection (8A)(b)—

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

(b) 40for “the supplier” there is substituted “the licensee”.

105 (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) In 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
5consent of that licensee;”;

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

“(ii) a water supply licensee;

(iii) a sewerage licensee,”.

106 In section 179 (vesting of works in undertaker), in subsection (1A) (when
10persons may agree to vest pipes etc in a person other than the undertaker),
the words from “but no agreement” to the end are repealed.

107 (1) Section 195 (the Authority’s register) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (bc), for “66D(1)” there is substituted “66CA(1)”;

(b) 15in paragraph (g), for “or 66H above” there is substituted “, 66H, 117N
or 117O”.

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

(4) Subsection (3A) is repealed.

108 (1) 20Section 195A (reasons for decisions) is amended as follows.

(2) In subsection (1)(f), for “66D(1)” there is substituted “66CA(1)”.

(3) In subsection (3), after “appointment or” there is inserted “the person
holding the”.

109 (1) Section 201 (publication of certain information and advice) is amended as
25follows.

(2) In subsection (1)(b), for “company” there is substituted “person”.

(3) In subsection (2), after “Part II of this Act or” there is inserted “a person
holding”.

110 (1) Section 202 (duties of undertakers to furnish the Secretary of State with
30information) is amended as follows.

(2) In subsection (1A), for “company”, in both places, there is substituted
“person”.

(3) In subsection (3), for “company”, in each place, there is substituted “person”.

(4) In subsection (4)(c)—

(a) 35after “particular company” there is inserted “or person”;

(b) after “to companies” there is inserted “or persons”;

(c) for “description or” there is substituted “description,”;

(d) after “Part II of this Act or” there is inserted “to all the persons
holding”.

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

111 (1) Section 203 (power to acquire information for enforcement purposes) is
amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)(ii), for “company” there is substituted “person”;

(b) 5in paragraph (b), in the opening words—

(i) for “company which” there is substituted “person who”;

(ii) for “the company” there is substituted “the person”.

(3) In subsection (7), after “such an appointment or” there is inserted “a person
holding such a”.

112 10In section 205 (exchange of metering information between undertakers), in
subsection (4)—

(a) the “and” at the end of paragraph (a) is repealed;

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

(c) 15after paragraph (b), there is inserted—

“(c) any sewerage licensee.”

113 (1) Section 206 (restriction on disclosure of information) is amended as follows.

(2) In subsection (3)(b), for “a licensed water supplier of any of the duties
imposed on it” there is substituted “a water supply licensee or sewerage
20licensee of any of the duties imposed on the licensee”.

(3) In subsection (5)(a), for “a licensed water supplier of activities under its
licence” there is substituted “a water supply licensee or sewerage licensee of
activities under the licence held by the licensee”.

114 (1) Section 208 (directions in the interests of national security) is amended as
25follows.

(2) In subsection (1)—

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

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

(3) 30In subsection (2)—

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

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

(c) for “requiring it” there is substituted “requiring that undertaker or
35licensee”.

(4) In subsection (3)—

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

(b) for “on it” there is substituted “on that undertaker or licensee”;

(c) 40for “to it” there is substituted “to that undertaker or licensee”.

115 In section 211 (limitation on right to prosecute in respect of sewerage
offences), in paragraph (b), after “undertaker;” there is inserted—

“(ba) a sewerage licensee;”.

116 (1) Section 213 (powers to make regulations) is amended as follows.

(2) In subsection (1)—

(a) the words “17D(8),” are repealed;

(b) after “36A” there is inserted “, 66M”.

(3) In subsection (2)(a), for “or sewerage undertaker or licensed water supplier”
5there is substituted “, sewerage undertaker, water supply licensee or
sewerage licensee”.

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

(2) In subsection (1)—

(a) in the definition of “customer or potential customer”, in paragraph
10(a), for “licensed water supplier” there is substituted “water supply
licensee or sewerage licensee”;

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

(c) in the definition of “sewerage services”, for “includes” there is
15substituted “—

“(a) in the case of a sewerage undertaker, includes”;

(d) in that definition, after the paragraph (a) so formed there is inserted
“or

“(b) in the case of a sewerage licensee, means the services
20provided by that person in that person’s capacity as a
sewerage licensee;”;

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

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

(ii) 25for “or supplier” there is substituted “or licensee”;

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

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

• ““sewerage licensee” is to be construed in accordance
  30with section 17BA(6);”;

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

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

(3) After subsection (10) there is inserted—

“(11) 35Subsection (10) does not apply to references to the Chief Inspector of
Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and
86ZA.”

118 In Schedule 1A (the Water Services Regulation Authority), in paragraph
9(3), for paragraph (f) (and the “and” following it) there is substituted—

“(f) 40water supply licensees;

(fa) sewerage licensees; and”.

119 (1) Schedule 2 (transitional provision on termination of appointments) is
amended as follows.

(2) In paragraph 1—

(a) 45in sub-paragraph (3A)(a), for “a qualifying licensed water supplier”
there is substituted “a qualifying water supply licensee or a
qualifying sewerage licensee”;

(b) in sub-paragraph (3A)(b), for “carry on activities” there is substituted
“carry on—

“(i) activities”;

(c) in sub-paragraph (3A)(b), after the sub-paragraph (i) so formed there
5is inserted “; or

“(ii) activities relating to the removal or
removals of matter mentioned in section
23(9) of this Act which were carried on by
the transferor until that date (as the case
10may be).”;

(d) in sub-paragraph (4), in the definition of “other relevant companies”,
for “to be holding” there is substituted “to be—

“(a) holding”;

(e) in sub-paragraph (4), in that definition, after the paragraph (a) so
15formed there is inserted “or

“(b) holding appointments as sewerage undertakers for
any area in which, or in part of which, the activities
relating to the removal or removals of matter
mentioned in section 23(9) of this Act will be
20carried on by the transferee (as the case may be);”.

(3) In paragraph 2(7A)(b), for “licensed water supplier” there is substituted
“water supply licensee or sewerage licensee”.

120 In Schedule 8 (pre-1989 Act transitional authority for trade effluent
discharges etc), after paragraph 2(3) there is inserted—

“(3A) 25If a sewerage undertaker serves a notice under sub-paragraph (2)
in relation to premises in respect of which a sewerage licensee
provides sewerage services, the sewerage undertaker must send a
copy of the notice to the sewerage licensee.”

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

121 30The Water Resources Act 1991 is amended as follows.

122 (1) Section 203 (exchange of information with respect to pollution incidents etc)
is amended as follows.

(2) In subsection (1A)—

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

(b) for “supplier” there is substituted “licensee”;

(c) for “its licence” there is substituted “the licensee’s licence”.

(3) In subsection (2A)—

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

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

(4) In subsection (3)—

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

(b) 45for “supplier” there is substituted “licensee”.

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

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

(7) 5In subsection (8)—

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

(b) for “a company” there is substituted “a person”.

123 (1) Section 204 (restriction on disclosure of information) is amended as follows.

(2) 10In subsection (2)(b)—

(a) for “company” there is substituted “person”;

(b) for “on it” there is substituted “on the undertaker or, as the case may
be, the person”.

(3) In subsection (4)(a)—

(a) 15for “a company” there is substituted “a person”;

(b) for “its licence” there is substituted “the person’s licence”.

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

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

(a) 20for “licensed water suppliers” there is substituted “water supply
licensees”;

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

Enterprise Act 2002 (c. 40)Enterprise Act 2002 (c. 40)

125 25The Enterprise Act 2002 is amended as follows.

126 (1) Section 168 (regulated markets) is amended as follows.

(2) In subsection (3)(ff), after “section 66D” there is inserted “or 117E”.

(3) In subsection (4)(ff), after “section 66D”, in both places, there is inserted “or
117E”.

127 30In section 249 (special administration regime), in subsection (1)(aa)—

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

(b) after “administration order)” there is inserted “or a qualifying
sewerage licensee within the meaning of subsection (8) of that
35section”.

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

128 The Water Act 2003 is amended as follows.

129 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.

130 (1) 40Section 52 (co-operation between water regulators) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a), for “and licensed water suppliers” there is
substituted “, water supply licensees and sewerage licensees”;

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

(c) in paragraph (c), for “and licensed water suppliers” there is
substituted “, water supply licensees and sewerage licensees”.

(3) After subsection (8) there is inserted—

“(9) In this section—

• 10“sewerage licensee” means a person holding a sewerage licence
  under Chapter 1A of Part 2 of the Water Industry Act 1991;

• “water supply licensee” means a person holding a water supply
  licence under Chapter 1A of Part 2 of the Water Industry Act
  1991.”

131 (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 73 to 75 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”.

Government of Wales Act 2006 (c. 32)Government of Wales Act 2006 (c. 32)

132 In Schedule 7 to the Government of Wales Act 2006 (Acts of the Assembly),
in paragraph 19 (water and flood defence), in the second exception, for
35“licensed water supplier” there is substituted “water supply licensee”.

Consumers, Estate Agents and Redress Act 2007 (c. 17)Consumers, Estate Agents and Redress Act 2007 (c. 17)

133 The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

134 In section 4 (meaning of “designated consumers”), in subsection (3)—

(a) for “or a licensed water supplier” there is substituted “, a water
40supply licensee or a sewerage licensee”;

(b) for “its capacity” there is substituted “the undertaker’s or licensee’s
capacity”.

135 (1) Section 25 (enforcement by regulator of section 24 notice) is amended as
follows.

(2) In subsection (2), for “its capacity” there is substituted “the person’s
capacity”.

(3) In subsection (3), in the table, for “or licensed water supplier” there is
substituted “, water supply licensee or sewerage licensee”.

(4) 5In subsection (7), for “or licensed water supplier” there is substituted “,
water supply licensee or sewerage licensee”.

136 In section 33 (supplementary provision about transfer and abolition orders),
in subsection (10)—

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

(b) for “its capacity” there is substituted “the undertaker’s or licensee’s
capacity”.

137 In section 41 (interpretation of Part 1), in subsection (1)—

(a) the definition of “licensed water supplier” is repealed;

(b) 15at the appropriate place there is inserted—

• ““sewerage licensee” means a person holding a
  sewerage licence under Chapter 1A of Part 2 of the
  Water Industry Act 1991;”;

• ““water supply licensee” means a person holding a
  20water supply licence under Chapter 1A of Part 2 of
  the Water Industry Act 1991.”

138 (1) Section 42 (interpretation of Part 2) is amended as follows.

(2) In subsection (1), in the table—

(a) in the first column, for “or licensed water supplier” there is
25substituted “, water supply licensee or sewerage licensee”;

(b) in the second column, for “or licensed water supplier in its capacity”
there is substituted “, water supply licensee or sewerage licensee in
the undertaker’s or licensee’s capacity”.

(3) In subsection (2)—

(a) 30the definition of “licensed water supplier” is repealed;

(b) at the appropriate place there is inserted—

• ““sewerage licensee” has the same meaning as in Part
  1;”;

• ““water supply licensee” has the same meaning as in
  35Part 1.”

139 In section 52 (enforcement of requirements imposed under Part 2), in
subsection (3), for “or licensed water supplier” there is substituted “, water
supply licensee or sewerage licensee”.

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

140 40The Flood and Water Management Act 2010 is amended as follows.

141 In section 6 (other Part 1 definitions), in subsection (11) (“water company”)—

(a) in the opening words, the words “a company which holds” are
repealed;

(b) in paragraph (a), at the beginning insert “a company which holds”;

(c) 45in paragraph (b), at the beginning insert “a person who holds”.

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

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

(b) subsection (3) (which inserts section 104(9) of the Water Industry Act
51991) is repealed.

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

Section 48

10SCHEDULE 8 Regulation of the water environment

Part 1 Purposes for which provision may be made

Interpretation

1 15In 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);

• “flood regulations” means regulations containing provision which—

  (a)

  20satisfies 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)

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

2 25In this Schedule—

• “functions” includes powers and duties;

• “regulated activity” means—

  (a)

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

  (b)

  in relation to flood regulations, any activity that affects, or
  30could 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;

• “regulated field” means—

  (a)

  35in 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)

  in relation to fish regulations, safeguarding the movement of
  40fish through regulated waters;

• “the regulations” means regulations under section 48;

• “specified” means specified in the regulations.