SCHEDULE 7 continued
Contents page 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-212 213-219 220-232 Last page
Water BillPage 190
(a)
in paragraph (bb), for “qualifying licensed water supplier” there is
substituted “qualifying water supply licensee”;
(b) after paragraph (bb) there is inserted—
“(bc)
in the case of a company which is a qualifying
5sewerage licensee, that—
(i)
action taken by the company has caused a
contravention by a sewerage undertaker of
any principal duty; and
(ii)
that action is serious enough to make it
10inappropriate for the company to continue to
hold its licence;”;
(c)
in paragraph (d), for “qualifying licensed water supplier” there is
substituted “qualifying water supply licensee or a qualifying
sewerage licensee”.
(5)
15In subsection (7)(b), for “qualifying licensed water supplier” there is
substituted “qualifying water supply licensee or a qualifying sewerage
licensee”.
37
In section 25 (power to make special administration order on winding-up
petition) for “qualifying licensed water supplier”, in both places, there is
20substituted “qualifying water supply licensee or a qualifying sewerage
licensee”.
38
In section 26 (restrictions on voluntary winding up and insolvency
proceedings), in subsection (1), for “qualifying licensed water supplier”
there is substituted “qualifying water supply licensee or a qualifying
25sewerage licensee”.
39
(1)
Section 27 (general duty of Authority to keep matters under review) is
amended as follows.
(2)
In subsection (1)(b), for “licensed water suppliers” there is substituted
“water supply licensees or sewerage licensees”.
(3) 30In subsection (2)—
(a) in paragraph (aa), for “companies” there is substituted “persons”;
(b) in paragraph (b), after “company” there is inserted “or person”.
(4) In subsection (4)—
(a)
in paragraph (c), for the words from “retail” to “Part)” there is
35substituted “the authorisations or combinations of authorisations
given by licences under Chapter 1A of this Part (see sections 17A and
17BA)”;
(b) in paragraph (d), for “company” there is substituted “person”.
40
In section 27A (establishment of the Council and committees), in subsection
40(13), in the definition of “the interests of consumers”—
(a)
in paragraph (a), for “licensed water suppliers” there is substituted
“water supply licensees”;
(b)
in paragraph (b), for “by sewerage undertakers” there is substituted
“ either by sewerage undertakers or by sewerage licensees acting in
45their capacity as such”.
41 (1) Section 27C (the interests of consumers) is amended as follows.
(2) In subsection (1)—
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(a) the “and” after paragraph (d) is repealed;
(b)
in paragraph (e), for the words from “not eligible” to the end there is
substituted “household premises (as defined in section 17C)”;
(c) after paragraph (e) there is inserted “; and
“(f)
5customers, of companies holding an appointment
under Chapter 1 of Part 2 of this Act, whose premises
are below the consumption threshold and in the area
of a relevant undertaker whose area is wholly or
mainly in Wales,”.
(3)
10In subsection (2), for the words from “not eligible” to “the total quantity”
there is substituted “below the consumption threshold if the total quantity”.
42
In section 27E (provision of advice and information to public authorities), in
subsection (1), for “licensed water suppliers” there is substituted “water
supply licensees, sewerage licensees”.
43 (1) 15Section 27H (provision of information to the Council) is amended as follows.
(2) In subsection (1)—
(a) the “or” at the end of paragraph (b) is repealed;
(b)
in paragraph (c) for “a licensed water supplier” there is substituted
“a water supply licensee, or”;
(c) 20after paragraph (c) there is inserted—
“(d) a sewerage licensee,”.
(3)
In subsections (2), (3) and (4), after “body”, in each place, there is inserted “or
person”.
(4) In subsection (4)—
(a) 25for “it” there is substituted “the body or person”;
(b) for “its” there is substituted “the”.
44 (1) Section 27K (sections 27H to 27J: supplementary) is amended as follows.
(2)
In subsection (2), for “or a licensed water supplier” there is substituted “, a
water supply licensee or a sewerage licensee”.
(3)
30In subsection (5), for “and a licensed water supplier” there is substituted “, a
water supply licensee and a sewerage licensee”.
45 (1) Section 29 (consumer complaints) is amended as follows.
(2) In subsection (1)—
(a)
for “or a licensed water supplier” there is substituted “, a water
35supply licensee or a sewerage licensee”;
(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)
40by 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
45in Wales”.
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(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”.
46
For the heading to Chapter 1 of Part 3 (general duties of water undertakers)
at the end there is inserted “etc”.
47
5In 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
10“water supply licensee”.
48
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)
15in the closing words to subsection (3), for “licensed water supplier's”
there is substituted “water supply licensee's”.
49
In section 37D (water resources management plans: supplementary), in
subsection (3)(b), for “licensed water supplier” there is substituted “water
supply licensee”.
50 20In 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”.
51
(1)
25Section 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)
30Each 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)
35that 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)
40In subsection (2), for “any such direction” there is substituted “a direction
under 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”.
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52 In section 39B (drought plans: preparation and review)—
(a)
in 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
5“water supply licensee”.
53 In section 39C (drought plans: provision of information)—
(a)
for “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”
10there is substituted “water supply licensee's”.
54
In section 42 (financial conditions for compliance with the duty in section
41), subsection (7) (terms defined in sections 43 and 43A) is repealed.
55 Sections 43 and 43A (calculations for the purpose of section 42) are repealed.
56
In section 47 (conditions of connection with water main), in subsection (1),
15for “sections 48 to” substitute “sections 49 and”.
57 Section 48 (interest on sums provided by way of security) is repealed.
58 (1) Section 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
20supply system of a water undertaker whose area is wholly or mainly in
Wales,”.
59
In 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
25Wales,”.
60
(1)
Section 61 (disconnections for non-payment of charges) is amended as
follows.
(2) In subsection (1)—
(a)
for “the following provisions of this section” there is substituted
30“subsections (1A) to (6)”;
(b)
after “cut off a supply of water to any premises,” there is inserted “if
subsection (1ZA) or (1ZB) applies.
“(1ZA) This subsection applies”.
(3) After the subsection (1ZA) so formed there is inserted—
“(1ZB)
35This 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)
A water supply licensee may make a request under subsection (1ZB)
only if—
(a)
40the 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)
the licensee has served notice on the occupier requiring
payment of charges due,
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(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) that period has expired.”
(4) 5In 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
substituted “subsection (1)”.
(5) 10After 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)
within the period of seven days mentioned in subsection
15(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
relation to the premises except at a time when that person is the
20occupier 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)
in paragraph (a), after “the undertaker” there is inserted “or, as the
25case 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)
the words “, from the person in respect of whose liability the power
30is 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
exercised in the circumstances mentioned in
35subsection (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) 40in paragraph (b)—
(i)
after “those premises” there is inserted “(“the primary
premises”)”;
(ii)
after “other premises” there is inserted “(“the secondary
premises”)”;
(b) 45in the words after paragraph (b)—
(i)
for “those other premises” there is substituted “the secondary
premises”;
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(ii)
for “the premises in relation to which the charges are due”
there is substituted “the primary premises”;
(iii)
for “the other premises” there is substituted “the secondary
premises”.
(9) 5After 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)
in a case where the undertaker is exercising the power in
subsection (1) because charges are due to it, the secondary
10premises 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
subsection (1ZB), the secondary premises are supplied by a
person other than the licensee which made that request.”
61
15In 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)
where it disconnects a service pipe, or otherwise cuts off a supply of
water under section 61 in the circumstances mentioned in section
2061(1ZB) (request from water supply licensee).”
62
In the italic heading preceding section 63AA, for “licensed water supplier”
there is substituted “water supply licensee”.
63
(1)
Section 63AA (supply by licensed water supplier: domestic supply duty) is
amended as follows.
(2)
25In the title, for “licensed water supplier” there is substituted “water supply
licensee”.
(3)
In subsection (1)(a), for “licensed water supplier” there is substituted “water
supply licensee”.
64
(1)
Section 63AB (supply by licensed water supplier: non-domestic supply) is
30amended as follows.
(2)
In the title, for “licensed water supplier” there is substituted “water supply
licensee”.
(3)
In subsection (1), in the opening words, after “above” there is inserted “or
section 63AC(2)”.
(4)
35In subsection (1)(a), for “licensed water supplier” there is substituted “water
supply licensee”.
65
(1)
Section 63AC (interim duty of water undertaker: domestic and non-
domestic supply) is amended as follows.
(2)
In subsections (1)(a) and (2), for “licensed water supplier” there is
40substituted “water supply licensee”.
66
In the italic heading preceding section 68, for “licensed water suppliers”
there is substituted “water supply licensees”.
67 (1) Section 68 (duties with respect to water quality) is amended as follows.
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(2)
In 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
5licensee”;
(b)
in paragraph (a), for “its retail authorisation” there is substituted “the
licensee's retail authorisation or restricted retail authorisation”;
(c)
in paragraph (b), for “that supplier” there is substituted “that
licensee”;
(d)
10in paragraph (b), for “its retail authorisation” there is substituted “the
licensee's retail authorisation or restricted retail authorisation”;
(e) the words following paragraph (b) are repealed.
(4) In subsection (3A)—
(a)
for “licensed water supplier” there is substituted “water supply
15licensee”;
(b) in paragraph (b), for “the supplier” there is substituted “the licensee”.
(5)
In subsection (3B), for “licensed water supplier” there is substituted “water
supply licensee”.
(6)
In subsection (5), for “licensed water supplier” there is substituted “water
20supply licensee”.
(7) After subsection (5) there is inserted—
“(6)
References in this section to a retail authorisation or a restricted retail
authorisation are to be construed in accordance with Schedule 2A.
(7) In this section “prescribed” means—
(a)
25in relation to a water undertaker whose area is wholly or
mainly in Wales, and
(b)
in relation to a water supply licensee so far as relating to
licensed activities using the supply system of such a water
undertaker,
30prescribed by regulations made by the Welsh Ministers by statutory
instrument, which is subject to annulment in pursuance of a
resolution of the Assembly.”
68 (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
35water 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
40substituted “or licensee”.
69
In section 72 (contamination of water sources), in subsection (5)(c) for
“licensed water supplier” there is substituted “water supply licensee”.
70
In section 73 (offences of contaminating, wasting and misusing water etc), in
subsection (1)—
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(a)
for “licensed water supplier” there is substituted “water supply
licensee”;
(b) in paragraph (b), for “supplier” there is substituted “licensee”.
71
(1)
Section 74 (regulations for preventing contamination, waste etc and with
5respect to water fittings) is amended as follows.
(2)
In 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”.
72
(1)
10Section 75 (power to prevent damage and to take steps to prevent
contamination, 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
15“water supply licensee”.
(4) In subsection (12), for “section 17B(5)” there is substituted “section 17B”.
73 In section 76 (temporary bans on use)—
(a)
in subsection (1), for “by it” there is substituted “by means of its
supply system”;
(b) 20after subsection (7) there is inserted—
“(8)
The reference in subsection (1) to the supply system of a
water undertaker is to be construed in accordance with
section 17B.”
74
(1)
Section 78 (local authority functions in relation to undertakers' supplies) is
25amended as follows.
(2)
In subsection (1)(a), for “licensed water supplier” there is substituted “water
supply licensee”.
(3) In subsection (3), for “section 17B(5)” there is substituted “section 17B”.
75
(1)
Section 86 (assessors for the enforcement of water quality) is amended as
30follows.
(2)
In subsections (2)(a)(i), (3), (4)(c)(i), and (6), for “licensed water supplier”, in
each place, there is substituted “water supply licensee”.
(3) In subsection (4)(c)(i), for “or supplier” there is substituted “or licensee”.
(4) In subsection (6), for “it” there is substituted “that person”.
76
35In 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”.
77
In section 87C (fluoridation arrangements: compliance), in subsection (4)(b),
for “licensed water supplier” there is substituted “water supply licensee”.
78 40In section 90 (indemnities in respect of fluoridation), in subsection (2)—
(a)
for “licensed water supplier” there is substituted “water supply
licensee”;
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(b) for “it”, in both places, there is substituted “the licensee”.
79
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”.
80 (1) 5In section 93A (duty to promote the efficient use of water)—
(a)
in 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”.
81
(1)
10Section 93B (power of Authority to impose requirements on water
undertakers) 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
15performance of that undertaker's or licensee's duty”.
(4)
In 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)
20In subsections (3) and (6), for “its customers”, in each place, there is
substituted “that person's customers”.
82
(1)
Section 93C (publicity of requirements imposed under section 93B) is
amended as follows.
(2) In subsection (1)—
(a)
25for “licensed water supplier” there is substituted “water supply
licensee”;
(b) for “or supplier's” there is substituted “or licensee's”.
(3) In subsection (2)(b), for “or supplier” there is substituted “or licensee”.
83
(1)
Section 93D (information as to compliance with requirements under section
3093B) is amended as follows.
(2)
In subsection (1), (3) and (4), for “licensed water supplier”, in each place,
there is substituted “water supply licensee”.
(3)
In subsection (1), (2)(b) and (3), for “or supplier”, in each place, there is
substituted “or licensee”.
(4) 35In subsection (3), for “or supplier's” there is substituted “or licensee's”.
84
For the heading to Chapter 1 of Part 4 (general functions of sewerage
undertakers), at the end there is inserted “etc”.
85 In section 95B (publication of statistical information about complaints)—
(a)
in subsection (1), after “undertakers” there is inserted “or sewerage
40licensees”;
(b)
in subsection (2), after “undertakers” there is inserted “or sewerage
licensees”.
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86
(1)
Section 96A (information to be given to customers about overall
performance) 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
5purpose of providing sewerage services to the premises of customers,”.
(3) After subsection (1) there is inserted—
“(1A)
Each 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)
10the standards of overall performance established under
section 95ZA(1) which are applicable to that licensee;
(b)
that licensee's level of performance as regards those
standards.
(1B)
The Authority may direct that the requirement in subsection (1A) is
15not to apply to such sewerage licensees as may be specified in the
direction.”
(4)
In subsection (2), for “any such direction” there is substituted “a direction
under subsection (1) or (1A)”.
(5) After subsection (2) there is inserted—
“(2A)
20The sewerage licensees referred to in subsection (1) shall, if the
Authority so directs, pass on the information about the matters
mentioned 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
2517BA(7).”
(6) In subsection (3), after “undertaker” there is inserted “or sewerage licensee”.
87
In section 99 (financial conditions for compliance with the duty in section
98), subsection (7) (terms defined in sections 100 and 100A) is repealed.
88
Sections 100 and 100A (calculations for the purposes of section 99) are
30repealed.
89
In section 101B (power to provide lateral drain following provision of public
sewer) (as amended by section 19)—
(a) in subsection (3), for “water” there is substituted “sewerage”;
(b) in subsection (4), the “or” following paragraph (a) is repealed.
90
35In 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
40sewerage system in accordance with a retail, wholesale or
disposal authorisation;”.
91
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.
92 In section 105 (appeals with respect to adoption)—