Water Bill (HL Bill 71)

accordance with their retail authorisations or restricted retail
authorisations, the Minister may, in accordance with section 39ZA, by
regulations—

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

(b) 5provide for a requirement so imposed to be enforceable under
section 18 by—

(i) the Minister, or

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

(2) 10The Minister may, in accordance with section 39ZA, by regulations
prescribe such standards of performance in connection with the
provision of supplies of water as, in the Minister’s opinion, ought to be
achieved in individual cases.

(3) Regulations under subsection (2) may provide that if a water supply
15licensee fails to meet a prescribed standard the licensee must pay such
amount as may be prescribed to any person who—

(a) is affected by the failure, and

(b) is of a prescribed description.

(4) Without prejudice to the generality of the power conferred by
20subsection (2), regulations under subsection (2) may—

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

(b) provide for a dispute under the regulations to be referred by
25either party to the dispute to the Authority;

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

(d) 30prescribe circumstances in which a water supply licensee is to
be exempted from requirements of the regulations.

(5) Where the Authority determines any dispute in accordance with
regulations under this section it must, in such manner as may be
specified in the regulations, give its reasons for reaching its decision
35with respect to the dispute.

(6) In this section—

• “the Minister” means—

  (a)

  the Secretary of State, in relation to supplies of water
  made in accordance with a retail authorisation;

  (b)

  40the Welsh Ministers, in relation to supplies of water
  made in accordance with a restricted retail
  authorisation;

• “prescribed” means prescribed by regulations made by the
  Minister.”

(2) 45Section 38A of that Act (information as to levels of performance of water
undertakers) is amended in accordance with subsections (3) to (6).

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

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

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

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

(c) 5in paragraph (b), after “water undertakers” there is inserted “or water
supply licensees”.

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

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

(a) 10as respects each standard established by regulations under
section 38ZA(1), such information with respect to the level of
performance achieved by the licensee as may be specified in the
direction;

(b) as respects each standard prescribed by regulations under
15section 38ZA(2), the number of cases in which compensation
was paid and the aggregate amount or value of that
compensation.”

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

“(3) 20The requirements in subsections (2) and (2A) are enforceable by the
Authority under section 18.”

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

(7) After section 39 there is inserted—

“39ZA 25 Procedure for regulations under section 38ZA

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

(2) In the application of section 39 by virtue of subsection (1)—

(a) 30a reference to a water undertaker is to be treated as a reference
to a water supply licensee, and

(b) a reference to the Secretary of State is to be treated as a reference
to the Minister (as defined in section 38ZA(6)).

(3) Regulations under section 38ZA are to be made by statutory
35instrument.

(4) A statutory instrument containing regulations under section 38ZA is
subject to annulment in pursuance of a resolution of—

(a) either House of Parliament, in the case of regulations made by
the Secretary of State;

(b) 40the National Assembly for Wales, in the case of regulations
made by the Welsh Ministers.

(5) Section 213(2) to (2B) applies to regulations made by the Welsh
Ministers under section 38ZA as it applies to regulations made by the
Secretary of State.”

30 Standards of performance: sewerage

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

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

(1) 5For the purpose of establishing overall standards of performance in
connection with the provision of sewerage services by sewerage
licensees in accordance with their retail authorisations, the Secretary of
State may, in accordance with section 96ZA, by regulations—

(a) impose requirements in connection with the provision of
10sewerage services;

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

(i) the Secretary of State, or

(ii) the Authority, with the consent of or in accordance with
15a general authorisation given by the Secretary of State.

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

(3) 20Regulations under subsection (2) may provide that if a sewerage
licensee fails to meet a prescribed standard the licensee must pay such
amount as may be prescribed to any person who—

(a) is affected by the failure, and

(b) is of a prescribed description.

(4) 25Without prejudice to the generality of the power conferred by
subsection (2), regulations under subsection (2) may—

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

(b) 30provide for a dispute under the regulations to be referred by
either party to the dispute to the Authority;

(c) make provision for the procedure to be followed in connection
with any such reference and for the Authority’s determination
on such a reference to be enforceable in such manner as may be
35prescribed;

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

(5) Where the Authority determines any dispute in accordance with
regulations under this section it must, in such manner as may be
40specified in the regulations, give its reasons for reaching its decision
with respect to the dispute.”

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

(3) In subsection (1) (duty of Water Services Regulation Authority to collect
45information)—

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

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

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

(c) in paragraph (b), after “sewerage undertakers” there is inserted “or
5sewerage licensees”.

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

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

(a) as respects each standard established by regulations under
10section 95ZA(1), such information with respect to the level of
performance achieved by the licensee as may be specified in the
direction;

(b) as respects each standard prescribed by regulations under
section 95ZA(2), the number of cases in which compensation
15was paid and the aggregate amount or value of that
compensation.”

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

“(3) The requirements in subsections (2) and (2A) are enforceable by the
20Authority under section 18.”

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

(7) After section 96 there is inserted—

“96ZA Procedure for regulations under section 95ZA

(1) 25Section 96 applies for the purposes of making regulations under section
95ZA as it applies for the purposes of making regulations under section
95.

(2) In the application of section 96 by virtue of subsection (1), a reference to
a sewerage undertaker is to be treated as a reference to a sewerage
30licensee.”

31 Interim duty: water supply

For section 63AC of the Water Industry Act 1991 (interim duty of water
undertaker: domestic and non-domestic supply) there is substituted—

“63AC Interim duty: domestic and non-domestic supply

(1) 35This section applies where—

(a) a water supply licensee (“the previous licensee”) ceases to
supply any premises with water, and

(b) the owner or occupier of the premises has not notified the water
undertaker in whose area the premises are that—

(i) 40he has made arrangements for the continuation of the
supply of water to the premises, or

(ii) he intends any supply of water to the premises to cease.

(2) It is to be the duty of the water undertaker to continue the supply of
water to the premises which was made by the previous licensee.

(3) But the Authority may give a direction to an eligible water supply
licensee (“an interim licensee”) providing that it is to be the duty of that
licensee to continue the supply instead.

(4) An “eligible water supply licensee” is a water supply licensee with a
5retail authorisation or a restricted retail authorisation who has elected
to be an eligible water supply licensee for the purposes of this section
in accordance with the code issued under section 63AF.

(5) If the Authority proposes to give a direction under subsection (3) to an
eligible water supply licensee—

(a) 10the Authority must give notice of the proposed direction to the
licensee, and

(b) the licensee may, in accordance with the code issued under
section 63AF, temporarily suspend the election made by the
licensee as mentioned in subsection (4), so that the proposed
15direction cannot be given to the licensee.

(6) Where a supply is made by an undertaker under subsection (2)—

(a) the charges payable in respect of the supply are to be fixed from
time to time by a charges scheme under section 143, and

(b) subject to subsection (12), the supply is to be made until—

(i) 20a supply is made by an interim licensee by virtue of a
direction under subsection (3),

(ii) a supply is made by a water supply licensee following
the service of a notice under section 63AA or 63AB;

(iii) a supply is made under section 52 or 55, or

(iv) 25a notice is served by the undertaker on the owner or
occupier of the premises stating that the supply is to be
discontinued (subject to subsection (8)),

whichever is the earlier.

(7) Where a supply is made by an interim licensee by virtue of a direction
30given under subsection (3)—

(a) the supply by the interim licensee is to be treated as having
begun on the date on which the previous licensee ceased to
supply the premises,

(b) the terms and conditions in accordance with which the supply
35is to be made are to be—

(i) those provided for by a scheme made under section
63AE, or

(ii) such other terms and conditions as may be agreed
between the interim licensee and the owner or occupier
40of the premises, and

(c) subject to subsection (12), the supply is to be made until it is
discontinued in accordance with the terms and conditions
mentioned in paragraph (b).

(8) A notice under subsection (6)(b)(iv) may not be served before the end
45of the period of three months beginning with the day on which the
supply by the previous licensee ceased.

(9) Subsections (10) and (11) apply if, within a period of three months
beginning with the date on which the previous licensee ceased to

supply the premises with water, the owner or occupier of the premises
serves notice—

(a) under section 63AA or 63AB, on the water undertaker
continuing the supply under subsection (2), or

(b) 5in accordance with the terms and conditions mentioned in
subsection (7)(b), on the interim licensee continuing the supply
by virtue of a direction given under subsection (3),

that instead another water supply licensee (“the new licensee”) is to
continue the supply of water to the premises which was made by the
10previous licensee.

(10) The notice must—

(a) specify the time from which the new licensee is to continue the
supply in question, and

(b) be served in accordance with the code issued under section
1563AF.

(11) In the case of a notice served as mentioned in subsection (9)(a), the
supply by the new licensee is to be treated as having begun on the date
on which the previous licensee ceased to supply the premises.

(12) Supplies of water under this section are subject to sections 60 to 63.

63AD 20 Interim duty: supplementary

(1) A water undertaker is not required by virtue of section 63AC to provide
a supply of water to any premises if the provision of the supply
would—

(a) require the undertaker, in order to meet all its existing
25obligations to supply water for domestic or other purposes,
together with its probable future obligations to supply
buildings and parts of buildings with water for domestic
purposes, to incur unreasonable expenditure in carrying out
works, or

(b) 30otherwise put at risk its ability to meet any of the existing or
probable future obligations mentioned in paragraph (a).

(2) The Authority may determine, in a case referred to it by the owner or
occupier of the premises in question, whether the condition in
subsection (1) is satisfied in relation to a water undertaker.

(3) 35Before the Authority determines whether that condition is satisfied, it
must consult—

(a) the Secretary of State, in the case of a water undertaker whose
area is wholly or mainly in England;

(b) the Welsh Ministers, in the case of a water undertaker whose
40area is wholly or mainly in Wales.

(4) The supply of water to any premises by a water undertaker under
section 63AC does not prevent a proposed supply to those premises by
that undertaker under section 55 from being regarded as a new supply
for the purposes of that section.

(5) 45Where a duty is imposed by section 63AC(2), or by virtue of a direction
given under section 63AC(3), in respect of any premises, any breach of
the duty which causes the owner or occupier of the premises to sustain
loss or damage is actionable at the suit of that owner or occupier.

(6) But in any proceedings brought against a water undertaker or water
supply licensee in pursuance of subsection (5), it is a defence for the
undertaker or licensee to show that the undertaker or, as the case may
be, the licensee took all reasonable steps and exercised all due diligence
5to avoid the breach.

63AE Interim licensees: schemes for terms and conditions

(1) A person who is an eligible water supply licensee for the purposes of
section 63AC must make, and from time to time revise, a scheme
containing the terms and conditions which, in the absence of agreed
10terms and conditions, are to apply to a supply of water made by the
licensee by virtue of a direction given under section 63AC(3).

(2) A scheme under this section may make different provision for different
purposes, or for different areas.

(3) As soon as practicable after a water supply licensee makes or revises a
15scheme under this section the licensee is to—

(a) publish the scheme, or revised scheme, on the licensee’s
website, and

(b) send a copy of the scheme, or revised scheme, to the Authority.

(4) The Authority may give a direction that terms and conditions applying
20to a supply of water in accordance with a scheme under this section
must be modified as specified in the direction.

(5) A direction under subsection (4) may apply—

(a) generally to terms and conditions applying in accordance with
a scheme under this section, or

(b) 25to terms and conditions so applying in any particular case.

(6) It is the duty of a water supply licensee to comply with a direction
under subsection (4), and this duty is enforceable under section 18.

63AF Interim duty: code

(1) The Authority must issue a code in relation to—

(a) 30supplies of water under section 63AC, and

(b) its power of direction under section 63AC(3) (power to direct
that eligible water supply licensee makes interim supply).

(2) The code may, in particular, make provision about—

(a) the procedure for electing to be an eligible water supply licensee
35for the purposes of section 63AC;

(b) the procedure for temporarily suspending such an election
under section 63AC(5)(b);

(c) the circumstances in which the Authority’s power of direction
under section 63AC(3) or 63AE(4) may or may not be exercised;

(d) 40how the Authority will determine the date on which a water
supply licensee ceased to supply premises with water for the
purposes of section 63AC;

(e) terms and conditions contained in schemes made under section
63AE;

(f) 45eligible water supply licensees informing owners or occupiers
of premises of their schemes for terms and conditions made

under section 63AE, before agreeing any terms and conditions
as mentioned in section 63AC(7)(b)(ii);

(g) the giving of notices as mentioned in section 63AC(9) (that a
new licensee is to continue the supply of water made by the
5previous licensee) including, in particular, provision about—

(i) the earliest time that a notice may specify as the time
from which a new licensee is to continue the supply of
water made by a previous licensee;

(ii) the procedure for serving a notice.

(3) 10If the Authority considers that a water supply licensee is not acting as
required by provision contained in a code as mentioned in subsection
(2)(e) or (f), the Authority may give the licensee a direction to do, or not
to do, a particular thing specified in the direction.

(4) It is the duty of a water supply licensee to comply with a direction
15under subsection (3), and this duty is enforceable under section 18.

(5) The Authority must from time to time review the code and, if
appropriate, issue a revised code.

(6) References in section 63AC to the code issued under this section are to
the code issued under this section that has effect at the time in
20question.”

32 Interim duty: sewerage services

After section 110J of the Water Industry Act 1991 (as inserted by section 9) there
is inserted—

“Provision of sewerage services by sewerage licensees etc

110K 25 Provision by sewerage licensee

(1) The owner or occupier of any premises may serve a notice on a
sewerage undertaker—

(a) informing the undertaker that sewerage services to the
premises are to be provided by a sewerage licensee, and

(b) 30specifying the time after which the undertaker will no longer be
required to provide sewerage services to the premises.

(2) Where the charges for the sewerage services provided by the
undertaker are, under Chapter 1 of Part 5 of this Act, fixed in relation
to the premises by reference to volume, the time specified in the notice
35is to fall at least two working days after the notice is served.

(3) In this section a reference to two working days is a reference to a period
of 48 hours calculated after disregarding any time falling on—

(a) a Saturday or Sunday, or

(b) Christmas Day, Good Friday or any day which is a bank holiday
40in England and Wales under the Banking and Financial
Dealings Act 1971.

110L Interim duty: sewerage undertakers and sewerage licensees

(1) This section applies where—

(a) a sewerage licensee (“the previous licensee”) ceases to provide
sewerage services to any premises, and

(b) the owner or occupier of the premises has not notified the
sewerage undertaker in whose area the premises are that—

(i) 5he has made arrangements for the continuation of the
provision of sewerage services to the premises, or

(ii) he intends any provision of sewerage services to the
premises to cease.

(2) It is to be the duty of the sewerage undertaker to continue to provide
10the sewerage services to the premises which were provided by the
previous licensee.

(3) But the Authority may give a direction to an eligible sewerage licensee
(“an interim licensee”) providing that it is to be the duty of that licensee
to provide the sewerage services instead.

(4) 15An “eligible sewerage licensee” is a sewerage licensee with a retail
authorisation who has elected to be an eligible sewerage licensee for the
purposes of this section in accordance with the code issued under
section 110O.

(5) If the Authority proposes to give a direction under subsection (3) to an
20eligible sewerage licensee—

(a) the Authority must give notice of the proposed direction to the
licensee, and

(b) the licensee may, in accordance with the code issued under
section 110O, temporarily suspend the election made by the
25licensee as mentioned in subsection (4), so that the proposed
direction cannot be given to the licensee.

(6) Where sewerage services are provided by an undertaker under
subsection (2)—

(a) the charges payable in respect of the provision of the services
30are to be fixed from time to time by a charges scheme under
section 143, and

(b) the services are to be provided until—

(i) services are provided by an interim licensee by virtue of
a direction under subsection (3), or

(ii) 35services are provided by a sewerage licensee following
the service of a notice under section 110K,

whichever is the earlier.

(7) Where sewerage services are provided by an interim licensee by virtue
of a direction given under subsection (3)—

(a) 40the provision of services by the interim licensee is to be treated
as having begun on the date on which the previous licensee
ceased to provide services to the premises,

(b) the terms and conditions in accordance with which the services
are to be provided are to be—

(i) 45those provided for by a scheme made under section
110N, or

(ii) such other terms and conditions as may be agreed
between the interim licensee and the owner or occupier
of the premises, and

(c) the services are to be provided until they are discontinued in
accordance with the terms and conditions mentioned in
paragraph (b).

(8) Subsections (9) and (10) apply if, within a period of three months
5beginning with the date on which the previous licensee ceased to
provide sewerage services to the premises, the owner or occupier of the
premises serves notice—

(a) under section 110K, on the sewerage undertaker continuing the
provision of services under subsection (2), or

(b) 10in accordance with the terms and conditions mentioned in
subsection (7)(b), on the interim licensee continuing the
provision of services by virtue of a direction given under
subsection (3),

that instead another sewerage licensee (“the new licensee”) is to
15continue the provision of the services to the premises which were
provided by the previous licensee.

(9) The notice must—

(a) specify the time from which the new licensee is to continue the
provision of the services in question, and

(b) 20be served in accordance with the code issued under section
110O.

(10) In the case of a notice served as mentioned in subsection (8)(a), the
provision of services by the new licensee is to be treated as having
begun on the date on which the previous licensee ceased to provide
25services to the premises.

110M Interim duty: supplementary

(1) Where a duty is imposed by section 110L(2), or by virtue of a direction
given under section 110L(3), in respect of any premises, any breach of
the duty which causes the owner or occupier of the premises to sustain
30loss or damage is actionable at the suit of that owner or occupier.

(2) But in any proceedings brought against a sewerage undertaker or
sewerage licensee in pursuance of subsection (1), it is a defence for the
undertaker or licensee to show that the undertaker or, as the case may
be, the licensee took all reasonable steps and exercised all due diligence
35to avoid the breach.

110N Interim licensees: schemes for terms and conditions

(1) A person who is an eligible sewerage licensee for the purposes of
section 110L must make, and from time to time revise, a scheme
containing the terms and conditions which, in the absence of agreed
40terms and conditions, are to apply to the provision of sewerage services
by the licensee by virtue of a direction given under section 110L(3).

(2) A scheme under this section may make different provision for different
purposes, or for different areas.

(3) As soon as practicable after a sewerage licensee makes or revises a
45scheme under this section the licensee is to—

(a) publish the scheme, or revised scheme, on the licensee’s
website, and