PART 1 continued CHAPTER 3 continued
Contents page 1-9 10-24 25-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 Last page
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(a)
provide for requirements applying to the exercise of a function
by the Authority to apply to the exercise of the function by
another person;
(b)
require the Authority to produce guidance as to the exercise by
5another person of one of the Authority's adjudication functions
and to keep such guidance up to date;
(c)
require a person exercising one of the Authority's adjudication
functions to have regard to—
(i)
any guidance to which the Authority would have regard
10in exercising that function;
(ii)
any guidance produced by the Authority as to the
exercise of that function.
(3) An order under subsection (1) may—
(a) make different provision for different purposes;
(b)
15apply any primary or secondary legislation with or without
modifications;
(c) make supplemental, consequential and transitional provision.
(4)
For the purposes of this section, the Authority's adjudication functions
are—
(a)
20the determination of any matter referred to it for determination
under section 30A;
(b) the Authority's functions under any of the following—
regulations made by virtue of section 38(4) (power to
prescribe by regulations standards of performance for
25water undertakers as regards water supply in
individual cases: provision for disputes etc);
regulations made by virtue of section 38ZA(4) (power to
prescribe by regulations standards of performance for
water supply licensees as regards water supply in
30individual cases: provision for disputes etc);
regulations made by virtue of section 95(4) (power to
prescribe by regulations standards of performance for
sewerage undertakers as regards sewerage services in
individual cases: provision for disputes etc);
35regulations made by virtue of section 95ZA(4) (power to
prescribe by regulations standards of performance for
sewerage licensees as regards sewerage services in
individual cases: provision for disputes etc);
section 105 (appeals with respect to adoption of sewer etc);
40section 105B (appeals relating to schemes for the adoption
of sewers etc);
section 110 (determination of disputes with respect to cross
boundary sewers);
section 112(2) and (3) (appeal against requirement that
45proposed drain or sewer be constructed so as to form
part of general system);
section 122 (appeals relating to applications to discharge
trade effluent);
section 126 (appeals with respect to variations of consent to
50discharge trade effluent);
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section 128 (application for variation of time for discharge
of trade effluent);
section 181 (investigation of complaints with respect to the
exercise of works powers on private land);
5but do not include any functions as to enforcement under section 18.
(5) In this section—
“the Minister”, in relation to an adjudication function of the
Authority, means—
the Secretary of State, to the extent that the function is to
10be exercised—
in relation to a relevant undertaker whose area is
wholly or mainly in England,
in relation to a water supply licensee using the
supply system of such an undertaker (see section
1517B), or
in relation to a sewerage licensee using the
sewerage system of such an undertaker (see
section 17BA);
the Welsh Ministers, to the extent that the function is to
20be exercised—
in relation to a relevant undertaker whose area is
wholly or mainly in Wales, or
in relation to a water supply licensee using the
supply system of such an undertaker (see section
2517B);
“primary legislation” means an Act or an Act or Measure of the
National Assembly for Wales;
“secondary legislation” means an instrument made under primary
legislation.
(6)
30A statutory instrument containing an order made by the Secretary of
State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.
(7)
A statutory instrument containing an order made by the Welsh
Ministers under this section is subject to annulment in pursuance of a
35resolution of the National Assembly for Wales.
(8)
Subsection (9) applies in relation to a statutory instrument containing
both—
(a) an order under this section made by the Secretary of State, and
(b) an order under this section made by the Welsh Ministers.
(9) 40If in accordance with subsection (6) or (7)—
(a)
either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument containing
an order made by the Secretary of State be annulled, or
(b)
the National Assembly for Wales resolves that an instrument
45containing an order made by the Welsh Ministers be annulled,
nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the
instrument.”
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(1) After section 86 of the Water Industry Act 1991 there is inserted—
(1)
5The Secretary of State may by order made by statutory instrument
confer power on the Chief Inspector of Drinking Water to charge fees
for the exercise of a function by an inspector appointed by the Secretary
of State under section 86 (and to determine their amount).
(2)
The Welsh Ministers may by order made by statutory instrument
10confer power on the designated person to charge fees for the exercise of
a function by an inspector appointed by the Welsh Ministers under
section 86 (and to determine their amount).
(3) In subsection (2) “the designated person” means—
(a) the Chief Inspector of Drinking Water for Wales, or
(b)
15if the same person is designated under section 86(1A) and (1B),
the Chief Inspector of Drinking Water in that person's capacity
as a person designated by the Welsh Ministers under section
86(1B).
(4)
An order under this section may include consequential,
20supplementary, incidental or transitional provision, or savings.
(5)
A statutory instrument containing an order made by the Secretary of
State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.
(6)
A statutory instrument containing an order made by the Welsh
25Ministers under this section is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(7)
Subsection (8) applies in relation to a statutory instrument containing
both—
(a) an order under this section made by the Secretary of State, and
(b) 30an order under this section made by the Welsh Ministers.
(8) If in accordance with subsection (5) or (6)—
(a)
either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument containing
an order made by the Secretary of State be annulled, or
(b)
35the National Assembly for Wales resolves that an instrument
containing an order made by the Welsh Ministers be annulled,
nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the
instrument.”
(2) 40In the Public Bodies Act 2011—
(a)
subsections (3) and (4) of section 14 (power of the Welsh Ministers to
modify by order the funding arrangements of inspectors appointed
under section 86 of the Water Industry Act 1991) are repealed;
(b)
in Schedule 4 (bodies and offices where power to modify funding
45arrangements), the entry relating to inspectors appointed by the
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Secretary of State under section 86 of the Water Industry Act 1991 is
repealed.
(1)
5Section 101A of the Water Industry Act 1991 (further duty to provide sewers)
is amended as follows.
(2) In subsection (7)—
(a)
for “Any dispute” there is substituted “Subsections (7A) and (7B) apply
where there is a dispute”;
(b) 10the words following paragraph (c) are repealed.
(3) After subsection (7) there is inserted—
“(7A)
The dispute is to be determined by the appropriate person and may be
referred to the appropriate person for determination by either of the
parties to the dispute.
(7B)
15If the dispute is between a sewerage undertaker and an owner or
occupier of premises in Wales, the NRBW must provide advice in
relation to any of the matters mentioned in subsection (7)(a) to (c) if so
requested by—
(a) either of the parties to the dispute, or
(b) 20the appropriate person.
(7C)
Any advice provided by the NRBW under subsection (7B) must be
provided to both parties to the dispute and to the appropriate person.”
(4)
In subsections (8)(a) and (9), for “subsection (7)” there is substituted
“subsection (7A)”.
(5)
25In subsections (8), (9), (10) and (11), for “appropriate agency”, in each place
those words occur, there is substituted “appropriate person”.
(6) In subsection (11), in paragraph (b)—
(a) for “the NRBW” there is substituted “the Welsh Ministers”;
(b)
at the end there is inserted “, or such person as the Welsh Ministers may
30from time to time appoint as the appropriate person in relation to such
disputes.”
(7) After subsection (11) there is inserted—
“(12)
A person may be appointed as the appropriate person under subsection
(11)(b) only if the person is independent of the NRBW.
(13)
35A person is independent of the NRBW for the purposes of subsection
(12) if the person is—
(a)
an individual who is not a member of the NRBW or the NRBW's
staff, or
(b)
a body none of whose members is a member of the NRBW or the
40NRBW's staff.”
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(1) The Water Services Regulation Authority may modify the conditions of—
(a)
a pre-commencement appointment of a water or sewerage undertaker,
5or
(b) a pre-commencement water supply licence,
so as to include conditions relating to the provision of a consumer redress
scheme.
(2) In subsection (1)—
(a)
10“pre-commencement appointment of a water or sewerage undertaker”
means an appointment of a company under Chapter 1 of Part 2 of the
Water Industry Act 1991 to be a water or sewerage undertaker which is
made before the day on which this section comes into force, and
(b)
“pre-commencement water supply licence” means a licence under
15Chapter 1A of Part 2 of the Water Industry Act 1991 granted before that
day.
(3)
In this section, “consumer redress scheme” means a scheme or other
arrangements for unresolved complaints to be investigated and determined by
an independent person.
(4)
20The conditions that may under subsection (1) be included in an appointment
or licence include in particular conditions requiring the company holding the
appointment or the person holding the licence—
(a) to secure the provision of a consumer redress scheme, or
(b)
to secure the provision of a consumer redress scheme which is of a
25description specified in the conditions or which meets requirements so
specified.
(5)
Where under subsection (1) the Authority modifies conditions of an
appointment or licence, it may make such incidental or consequential
modifications of other conditions of the appointment or, as the case may be,
30other conditions of the licence as it considers necessary or expedient.
(6)
The power of the Authority under subsection (1) to modify the conditions of an
appointment or licence may not be exercised after the end of the period of two
years beginning with the day on which this section comes into force.
(7) Before making a modification under this section the Authority must consult—
(a)
35the company holding the appointment or the person holding the
licence;
(b) the Secretary of State;
(c) the Welsh Ministers;
(d) the Consumer Council for Water;
(e) 40such other persons as the Authority thinks it appropriate to consult.
(8)
The Minister may direct the Authority not to make a modification that it
proposes to make under this section; and the Authority must comply with such
a direction.
(9) In subsection (8) “the Minister” means—
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(a) the Secretary of State, in relation to—
(i)
a water or sewerage undertaker whose area is wholly or mainly
in England;
(ii)
a person who holds a licence under Chapter 1A of Part 2 of the
5Water Industry Act 1991;
(b)
the Welsh Ministers, in relation to a water or sewerage undertaker
whose area is wholly or mainly in Wales.
(1)
The Water Services Regulation Authority may modify the conditions of
10appointment of a company appointed under Chapter 1 of Part 2 of the Water
Industry Act 1991 to be a water or sewerage undertaker where it considers it
necessary or expedient to do so in consequence of provision made by or under
this Part.
(2)
The Authority may modify the conditions of a licence under Chapter 1A of Part
152 of the Water Industry Act 1991 where it considers it necessary or expedient
to do so in consequence of provision made by or under this Part.
(3) Where the Authority modifies—
(a) conditions of appointment under subsection (1), or
(b) conditions of a licence under subsection (2),
20it may make such incidental or consequential modifications of other conditions
of the appointment or, as the case may be, other conditions of the licence as it
considers necessary or expedient.
(4) Before making a modification under this section, the Authority must consult—
(a)
the company holding the appointment or, as the case may be, the
25person holding the licence;
(b) the Secretary of State;
(c) the Welsh Ministers;
(d) such other persons as the Authority thinks it appropriate to consult.
(5) The power of the Authority to modify—
(a) 30the conditions of a company's appointment under subsection (1), or
(b) the conditions of a person's licence under subsection (2),
may not be exercised after the end of the period of two years beginning with
the day on which the provision in question comes into force.
(6)
References in subsections (1) to (5) to provision made by or under this Part are
35to be treated, where particular provision made by or under this Part comes into
force on a particular day for a particular purpose, as references to so much of
such provision as comes into force on a particular day.
(7)
References in this section to provision made by or under this Part include
references to provision made under section 76 or 77 in connection with this
40Part.
(8)
The Minister may give directions to the Authority for the purpose of securing
that—
(a)
the conditions of appointment of a water or sewerage undertaker are
modified under this section;
(b)
45the conditions of a licence under Chapter 1A of Part 2 of the Water
Industry Act 1991 are modified under this section.
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(9)
The Minister may direct the Authority not to make a modification that it
proposes to make under this section.
(10) The Authority must comply with a direction under subsection (8) or (9).
(11) In this section “the Minister” means—
(a) 5the Secretary of State, in relation to—
(i)
a water or sewerage undertaker whose area is wholly or mainly
in England;
(ii)
a person who holds a licence under Chapter 1A of Part 2 of the
Water Industry Act 1991;
(b)
10the Welsh Ministers, in relation to a water or sewerage undertaker
whose area is wholly or mainly in Wales.
Schedule 7 (which contains further amendments) has effect.
(1) The Water Resources Act 1991 is amended as follows.
(2)
In section 61 (compensation where licence modified on direction of the
Secretary of State or Welsh Ministers), in subsection (1), after “Where a licence”
20there is inserted “held by a person other than a water undertaker or sewerage
undertaker”.
(3) Section 61A (recovery of compensation from new licence-holder) is repealed.
(1) The Water Resources Act 1991 is amended as follows.
(2)
25For sections 193 and 194 (maintenance, inspection and amendment of main
river maps for areas in England and Wales) there is substituted—
(1) The Agency must keep the main river map for England.
(2)
30For the purposes of this Act the main river map for England is a record
of areas in England which—
(a)
shows the extent to which any watercourse or part of a
watercourse is to be treated as a main river or as part of a main
river for the purposes of this Act, and
(b)
35indicates which (if any) of those watercourses are watercourses
designated in a scheme made under section 137.
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(3)
The map is conclusive as to the extent to which a watercourse in
England is to be treated as a main river or as part of a main river for the
purposes of this Act.
(4) The map must specify the date on which it takes effect.
(5) 5The Agency must keep the map in electronic form.
(6)
In this section and sections 193A to 193E “watercourse” has the same
meaning as in Part 4 of this Act.
(1)
The Agency must provide reasonable facilities for inspecting the main
10river map for England in electronic form.
(2) The Agency must on request provide any person with—
(a) a hard copy of all or part of the map, or
(b) data comprising all or part of the map in electronic form.
(3)
The Agency may charge a fee for providing a copy or data under
15subsection (2), but the fee—
(a)
must, in the case of a person appearing to the Agency to have
requested a copy or data for commercial purposes, represent a
reasonable usage fee, and
(b)
in any other case, may not exceed the reasonable costs of
20providing the copy or data.
(4)
The Agency must on request provide a body mentioned in the first
column of the following table with a hard copy of, or data comprising,
such part of the main river map for England as is described in the
second column of the entry for that body.
| A local authority in England | 25The part that relates to the local authority's area |
| An internal drainage board for an internal drainage district that is wholly or partly in England |
The part that relates to its district, so far as that district is in England 30 |
| A water company that exercises functions in relation to an area in England |
The part that relates to that area |
| A highway authority that exercises functions in relation to highways in England |
The part that relates to the area in 35England in relation to which it exercises functions |
| A navigation authority that exercises functions in relation to an area in England |
The part that relates to that area |
(5) 40The Documentary Evidence Act 1868 has effect as if—
(a)
the Agency were mentioned in the first column of the Schedule
to that Act;
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(b)
any member of the staff of the Agency authorised to act on
behalf of the Agency were specified in the second column of the
Schedule to that Act in connection with the Agency;
(c)
the regulation referred to in that Act included the main river
5map for England kept by the Agency;
(d)
references to a copy included references to a print-out of
information kept in electronic form.
(1)
The Agency may at any time replace the existing main river map for
10England for the purpose of including—
(a)
a change which, pursuant to section 193(2)(b), is required by the
making, amendment or revocation of a scheme under section
137,
(b) a change to give effect to a determination under section 193C, or
(c)
15a change directed by the Secretary of State under section
193D(5) (following an appeal against a determination).
(2) A replacement map may not include other changes.
(3) A replacement map must specify the date on which it takes effect.
(1)
20Subject to the following provisions of this section, the Agency may
determine that—
(a)
such watercourse or part of a watercourse in England as is
specified in the determination is to be treated for the purposes
of this Act as a main river or part of a main river;
(b)
25such watercourse or part of a watercourse in England as is
specified in the determination (not being a watercourse
designated in a scheme made under section 137) is no longer to
be treated for the purposes of this Act as a main river or part of
a main river.
(2)
30Before making a determination under subsection (1) as regards a
watercourse, the Agency must—
(a)
publish (in such manner as it considers appropriate) the
determination it proposes to make, and
(b)
consider representations made within the time and in the
35manner specified by the Agency when publishing the
determination.
(3)
The Agency must consult the NRBW before making a determination
under subsection (1)—
(a)
which affects a watercourse part of which is in England and part
40of which is in Wales, and
(b) in which it seems to the Agency that the NRBW has an interest.
(4)
Having taken such steps as are required by subsections (2) and (3), the
Agency may—
(a) decide not to make a determination, or
(b)
45decide to make a determination in accordance with what was
proposed under subsection (2)(a) or otherwise.
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(5)
The Agency must publish (in such manner as it considers
appropriate)—
(a) that decision;
(b) the terms of any determination made;
(c)
5if a determination is made, the date on which a replacement
map will give effect to the determination.
(6)
The date specified under subsection (5)(c) may not be before the end of
a period of six weeks beginning with the day on which the matters
specified in subsection (5) are published.
(7)
10The Agency must also inform those persons affected by the proposal
who made representations in accordance with subsection (2)(b)
containing an objection to the proposal as to the matters referred to in
subsection (5).
(1)
15A person aggrieved by a determination under section 193C may appeal
to the Secretary of State.
(2)
An appeal must be made before the end of a period of six weeks
beginning with the day on which the matters referred to in section
193C(5) are published.
(3)
20Where an appeal is made against a determination, a replacement map
under section 193B may not include a change to give effect to the
determination except as specified in this section.
(4)
The Secretary of State may appoint a person to make a report to assist
the Secretary of State in determining the appeal.
(5)
25If the Secretary of State allows the appeal in whole or in part, the
Secretary of State may by direction to the Agency—
(a)
specify a change to be included in a replacement map under
section 193B, and
(b) specify the date on which that change is to take effect.
(6)
30If the Secretary of State dismisses the appeal, the Agency may include
a change to give effect to its determination in a replacement map, the
replacement map to have effect on such date as the Secretary of State
may direct.
(7)
The Secretary of State may direct the Agency to publish the Secretary of
35State's decision in such manner as the direction may specify.
(1)
The Secretary of State may from time to time issue guidance to the
Agency about the exercise of its functions under sections 193 to 193D.
(2) The guidance may in particular include guidance as to—
(a)
40determining whether or not a watercourse or part of a
watercourse is suitable to become or to remain a main river or a
part of a main river;
(b)
what kind of publication is appropriate under section 193C(2)
and (5).