Water Bill (HL Bill 88)

(a) in subsection (1) (the nature of the duty), the words “, at the expense of
the person serving the notice,” are repealed;

(b) in subsection (7), in paragraph (b), for “under this section at another
person's expense” there is substituted “as its duty under this section”;

(c) 5in subsection (7), in the words after paragraph (b), for “under that
section at another person's expense” there is substituted “as its duty
under that section”;

(d) in subsection (9) (consequences of exercising power under section 46(8)
to lay a water main rather than a service pipe), paragraph (b)
10(maximum expenses recoverable) and the “but” preceding it are
repealed.

(5) In section 47 (conditions of connection with water main)—

(a) in subsection (2)(a) (requirement to give security for amounts to be
paid), for the words from “such security” to “reasonably require” there
15is substituted “such security as charging rules allow and the undertaker
requires”;

(b) in subsection (3B) (reference of disputes to Authority), in the opening
words, “whether” is repealed;

(c) in subsection (3B), for paragraph (a) there is substituted—

“(a) 20the security required to be provided by a condition
imposed under subsection (2)(a),”;

(d) in subsection (3B)(b), at the beginning there is inserted “whether”;

(e) in subsection (3B)(c), after “particular case,” there is inserted “whether”.

19 Charges for providing a public sewer etc

(1) 25The Water Industry Act 1991 is amended as follows.

(2) In section 99 (financial conditions for compliance with the duty in section 98 to
provide a public sewer or lateral drain)—

(a) in subsection (1)(b) (condition as to providing security), for the words
from “such security” to “reasonably required” there is substituted
30“such security as charging rules allow and the undertaker may have
required”;

(b) in subsection (2) (undertaking to pay in respect of public sewer), for
paragraph (a) there is substituted—

“(a) bind the person or persons mentioned in that subsection
35to pay to the undertaker such charges as the undertaker
may impose in accordance with charging rules, and”;

(c) in subsection (2A) (undertaking to pay in respect of lateral drain), for
paragraph (a) there is substituted—

“(a) bind the person or persons mentioned in that subsection
40to pay to the undertaker such charges as the undertaker
may impose in accordance with charging rules, and”;

(d) subsections (4) and (5) (interest on sums deposited by way of security)
are repealed;

(e) in subsection (6) (reference of disputes to the Water Services Regulation
45Authority), in paragraph (b), after “the amount” there is inserted “or
amounts by way of charges”;

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

(a) in subsection (3) (obligation to pay for drain requested), for “the costs
reasonably incurred in or in connection with providing that drain”
there is substituted “such charges as the undertaker may impose in
accordance with charging rules”;

(b) 5after subsection (3) there is inserted—

“(3A) The sewerage undertaker may require the person making a
request under this section to provide such security for the
payment of the charges as charging rules allow.”;

(c) in subsection (4) (reference of disputes to Authority), for paragraph (b)
10there is substituted—

“(b) the amount of any charge imposed,”;

(d) in subsection (4), after paragraph (b) there is inserted “or

“(c) the security required to be provided,”.

(4) In section 107 (right of a sewerage undertaker to undertake the making of a
15communication with a public sewer)—

(a) in subsection (3)(b)(i) (no obligation for undertaker to act until paid an
estimated cost of the work in advance), for “the cost of the work” there
is substituted “the amount by way of charges that the undertaker may
impose in accordance with charging rules for making the connection”;

(b) 20in subsection (3)(b)(ii) (no obligation for undertaker to act until given
security for payment), for “such security” to the end there is substituted
“such security for the payment of that amount as charging rules allow
and it may have required.”;

(c) for subsection (4), there is substituted—

“(4) 25If a payment to a sewerage undertaker under subsection (3)
exceeds the charges that may, in the event, be imposed in
accordance with charging rules for making the connection in
question, the excess is to be repaid by the undertaker; and, if
and so far as those charges are not covered by a payment under
30subsection (3), those charges are to be paid by the person for
whom the work was undertaken.”;

(d) in subsection (4A) (reference to disputes to Authority), in paragraph
(a), for “of the cost of works” there is substituted “of the amount of
charges”;

(e) 35in subsection (4A), for paragraph (b) (and the “or” following it) there is
substituted—

“(b) the security required by the undertaker, or”;

(f) in subsection (4A), for paragraph (c) there is substituted—

“(c) whether any excess is repayable, or any charges are
40payable, under subsection (4), or the amount of any such
excess or charges,”.

(5) In section 146 (connection charges etc, and charges for highway drainage), in
subsection (5)(a), after “expenses incurred by it in” there is inserted “, or
charges imposed by it for,”.

20 45Charges for moving pipes

In section 185 of the Water Industry Act 1991 (duty to move pipes etc in certain
cases), in subsection (5) (recovery of undertaker's expenses), for the words
from “the undertaker” to the end there is substituted “the person serving the

notice is liable to pay to the undertaker such charges as the undertaker may
impose in accordance with charging rules”.

Sustainable drainage

21 Drainage systems relieving public sewers

(1) 5After section 114 of the Water Industry Act 1991 there is inserted—

“Sustainable drainage

114A Drainage systems relieving public sewers

(1) Sewerage undertakers may construct, on their own or on another's
land, drainage systems for the purpose of reducing the volume of
10surface water entering public sewers or the rate at which it does so.

(2) A sewerage undertaker may maintain and operate a drainage system
constructed by it under subsection (1).

(3) In this section—

• “drainage system” means a structure designed to receive
  15rainwater and other surface water, other than a natural
  watercourse;

• “natural watercourse” means a river or stream;

• “rainwater” includes snow and other precipitation;

• “structure” includes—

  (a)

  20any part of an existing or proposed structure, and

  (b)

  any feature or aspect of a design that is intended to
  receive or facilitate the receipt of rainwater or other
  surface water.

(4) The powers conferred by subsections (1) and (2) are not to be regarded
25as functions of a sewerage undertaker for the purposes of section 155
(compulsory purchase of land required for the purposes of carrying out
functions of relevant undertakers).”

(2) In section 158 of that Act (powers to lay pipes in streets), in subsection (7)
(meaning of reference to a relevant pipe), in paragraph (b)—

(a) 30omit the “or” at the end of both sub-paragraphs (i) and (ii);

(b) after sub-paragraph (iii) there is inserted “or

“(iv) any pipe forming part of, or required in
connection with, a drainage system constructed
under section 114A.”

(3) 35In Schedule 3 to the Flood and Water Management Act 2010 (sustainable
drainage), after paragraph 19 there is inserted—

“Exception 3: systems under section 114A Water Industry Act 1991

The adoption duty does not apply to a drainage system constructed
under section 114A of the Water Industry Act 1991 (drainage systems
relieving public sewers).”

CHAPTER 3 Regulation of the water industry

General duties of the Water Services Regulation Authority

22 Primary duty to secure resilience

(1) Section 2 of the Water Industry Act 1991 (general duties with respect to water
5industry) is amended as follows.

(2) In subsection (2A)—

(a) omit the “and” at the end of paragraph (c);

(b) after paragraph (d) insert “; and

(e) to further the resilience objective.”

(3) 10After subsection (2D) insert—

“(2DA) The resilience objective mentioned in subsection (2A)(e) is—

(a) to secure the long-term resilience of water undertakers' supply
systems and sewerage undertakers' sewerage systems as
regards environmental pressures, population growth and
15changes in consumer behaviour, and

(b) to secure that undertakers take steps for the purpose of enabling
them to meet, in the long term, the need for the supply of water
and the provision of sewerage services to consumers,

including by promoting appropriate long-term planning and
20investment by relevant undertakers, and the taking by them of a range
of measures to manage water resources in sustainable ways and reduce
demand for water so as to reduce pressure on water resources.

(2DB) For the purposes of subsection (2DA)—

(a) the reference to water undertakers' supply systems is to be
25construed in accordance with section 17B;

(b) the reference to sewerage undertakers' sewerage systems is a
reference to the systems comprising—

(i) the systems of public sewers, the facilities for emptying
public sewers and the sewage disposal works and other
30facilities for dealing effectually with the contents of
public sewers that undertakers are required to provide
by section 94, and

(ii) the lateral drains that undertakers are required to
maintain by section 94.”

23 35General duty as regards undue preference in the provision of services

In section 2 of the Water Industry Act 1991 (general duties of the Secretary of
State and the Water Services Regulation Authority with respect to the water
industry), in subsection (3) (general considerations in exercising powers and
duties), after paragraph (b) there is inserted—

“(ba) 40to secure that no undue preference (including for itself) is
shown, and that there is no undue discrimination, in the doing
by such a company of—

(i) such things as relate to the provision of services by itself
or another such company, or

(ii) such things as relate to the provision of services by a
water supply licensee or a sewerage licensee;”.

24 5Strategic priorities and objectives

(1) For section 2A of the Water Industry Act 1991 there is substituted—

“2A Strategic priorities and objectives: England

(1) The Secretary of State may from time to time publish a statement
setting out strategic priorities and objectives for the Authority in
10carrying out relevant functions relating wholly or mainly to England.

(2) The Authority must carry out those functions in accordance with any
statement published under this section.

(3) In formulating a statement under this section, the Secretary of State—

(a) must have regard to the duties imposed on the Authority under
15section 2, and

(b) may have regard to social and environmental matters, amongst
other things.

(4) Before publishing a statement under this section, the Secretary of State
must consult—

(a) 20the Authority,

(b) the Council,

(c) relevant undertakers,

(d) licensed water suppliers,

(e) the Environment Agency,

(f) 25the Welsh Ministers,

(g) the NRBW, and

(h) anyone else the Secretary of State thinks appropriate.

(5) Before publishing a statement under this section the Secretary of State
must—

(a) 30lay a draft of the statement before Parliament, and

(b) then wait until the end of the 40-day period.

(6) The Secretary of State may not publish the statement under this section
if, within the 40-day period, either House of Parliament resolves not to
approve it.

(7) 35“The 40-day period” means the period of 40 days beginning with the
day on which the draft is laid before Parliament (or, if it is not laid
before each House on the same day, the later of the days on which it is
laid).

(8) When calculating the 40-day period, ignore any period during which
40Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than 4 days.

(9) In this section “relevant functions relating wholly or mainly to
England” means the functions mentioned in section 2(1)(b) so far as
they relate to appointment areas wholly or mainly in England.

(10) In subsection (9) “appointment area” means an area for which an
appointment is held under Chapter 1 of Part 2.

2B Strategic priorities and objectives: Wales

(1) The Welsh Ministers may from time to time publish a statement setting
5out strategic priorities and objectives for the Authority in carrying out
relevant functions relating wholly or mainly to Wales.

(2) The Authority must carry out those functions in accordance with any
statement published under this section.

(3) In formulating a statement under this section the Welsh Ministers—

(a) 10must have regard to the duties imposed on the Authority under
section 2, and

(b) may have regard to social and environmental matters, amongst
other things.

(4) Before publishing a statement under this section, the Welsh Ministers
15must consult—

(a) the Authority,

(b) the Council,

(c) relevant undertakers,

(d) licensed water suppliers,

(e) 20the NRBW,

(f) the Secretary of State,

(g) the Environment Agency, and

(h) anyone else the Welsh Ministers think appropriate.

(5) Before publishing a statement under this section the Welsh Ministers
25must—

(a) lay a draft of the statement before the Assembly, and

(b) then wait until the end of the 40-day period.

(6) The Welsh Ministers may not publish the statement under this section
if, within the 40-day period, the Assembly resolves not to approve it.

(7) 30“The 40-day period” means the period of 40 days beginning with the
day on which the draft is laid before the Assembly.

(8) When calculating the 40-day period, ignore any period during which
the Assembly is dissolved or is in recess for more than 4 days.

(9) In this section “relevant functions relating wholly or mainly to Wales”
35means the functions mentioned in section 2(1)(b) so far as they relate to
appointment areas wholly or mainly in Wales.

(10) In subsection (9) “appointment area” means an area for which an
appointment is held under Chapter 1 of Part 2.”

(2) In section 2(6A), (6B) and (7) of that Act (general duties with respect to water
40industry), for “section 2A” there is substituted “sections 2A and 2B”.

(3) In section 192A of that Act (forward work programme), after subsection (3)

there is inserted—

“(3A) The forward work programme for any year must also include an
explanation of how the projects described in it reflect any strategic
priorities or objectives published under section 2A or 2B.”

5Regulation of relevant undertakers, water supply licensees and sewerage licensees

25 Procedure for granting water supply and sewerage licences

(1) Section 17F of the Water Industry Act 1991 (procedure for granting water
supply licences) is amended as follows.

(2) For subsection (1) (application to be made as set out in regulations) there is
10substituted—

“(1) The Authority must determine for each type of relevant application
that may be made—

(a) the form and manner in which an application is to be made;

(b) the information it is to contain;

(c) 15the documents that are to accompany it;

(d) the fee that is to accompany it.

(1A) The fees may be different in different circumstances.

(1B) The Authority may make a new determination as to a matter referred
to in subsection (1).

(1C) 20The Authority must publish a notice of what it has determined under
subsection (1) or (1B) in such manner as it thinks appropriate for
bringing the determination to the attention of those affected by the
determination.

(1D) For the purposes of subsection (1) a relevant application is an
25application for—

(a) the grant of a water supply or sewerage licence giving a
particular authorisation or combination of authorisations;

(b) the variation of a water supply or sewerage licence so that it
gives—

(i) 30a particular authorisation only, or

(ii) a particular combination of authorisations.

(1E) A person making a relevant application must comply with such
provisions of a notice published under subsection (1C) as relate to the
application.”

(3) 35Subsections (2), (3) and (5) (requirement for applicant to publish notice of an
application made) are repealed.

(4) In subsection (4) (procedure where the Secretary of State or the Authority
proposes to refuse an application), for “the application”, in the first place it
occurs, there is substituted “a relevant application”.

26 Extension of time limit for imposing financial penalties

(1) In section 22C of the Water Industry Act 1991 (time limits on the imposition of
financial penalties), in subsection (1), for “twelve months” there is substituted
“five years”.

(2) 5But subsection (1) does not apply in relation to a contravention or failure
which—

(a) occurred before the date on which this section comes into force, and

(b) is not continuing on that date.

27 Water resources management plans for England: resilience

(1) 10Chapter 1 of Part 3 of the Water Industry Act 1991 (water supply) is amended
as follows.

(2) In section 37A(3) (water resources management plans: preparation and
review), at the end insert—

“(and see also section 37AA).”

(3) 15After that section insert—

“37AA Water resources management plans for England: resilience

(1) The Secretary of State may give a direction about the basis on which a
water resources management plan for England is to be prepared.

(2) A direction under this section may be given only where the Secretary of
20State considers it appropriate to do so with a view to securing that a
water undertaker is able to meet the need for the supply of water to
consumers in particular circumstances.

(3) A direction under this section may, in particular, require a plan to be
prepared on the basis of a specified assumption, including—

(a) 25an assumption as to whether, and how often, specified
circumstances are likely to arise;

(b) an assumption that a specified power would or would not be
exercised by the water undertaker or another person in
specified circumstances.

(4) 30Before giving a direction under this section, the Secretary of State must
consult—

(a) the Authority,

(b) the Welsh Ministers,

(c) each water undertaker to whom the direction would apply,

(d) 35the Environment Agency,

(e) the NRBW, and

(f) such other persons as the Secretary of State considers
appropriate.

(5) In this section—

• 40“specified” means specified in a direction under this section;

• “water resources management plan for England” means a water
  resources management plan prepared by a water undertaker
  whose area is wholly or mainly in England.”

(4) In section 37D(1) (water resources management plans: directions), after “37A”
insert “, 37AA”.

28 Frequency of water resources management and drought plans

(1) The Water Industry Act 1991 is amended as follows.

(2) 5In section 37A (water resources management plans: preparation and review)—

(a) in subsection (1), after “prepare” there is inserted “, publish”;

(b) in subsection (4), after “preparing” there is inserted “and publishing”;

(c) in subsection (6), in the opening words, after “prepare” there is inserted
“and publish”.

(3) 10In section 37D (water resources management plans: supplementary), after
subsection (3) there is inserted—

“(4) The Minister may by order made by statutory instrument amend the
period for the time being specified in section 37A(6)(c).

(5) In subsection (4), “the Minister” means—

(a) 15the Secretary of State, in relation to an order applying to water
undertakers whose areas are wholly or mainly in England, and

(b) the Welsh Ministers, in relation to an order applying to water
undertakers whose areas are wholly or mainly in Wales.

(6) A statutory instrument containing an order made by the Secretary of
20State under subsection (4) 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 subsection (4) is subject to annulment in pursuance of
a resolution of the Assembly.

(8) 25Subsection (9) applies in relation to a statutory instrument containing
both—

(a) an order made by the Secretary of State under subsection (4),
and

(b) an order made by the Welsh Ministers under subsection (4).

(9) 30If in accordance with subsection (6) or (7) (negative resolution
procedure)—

(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 Assembly resolves that an instrument containing an order
made by the Welsh Ministers be annulled,

the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.”

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

(a) 40in subsection (1), after “prepare” there is inserted “, publish”;

(b) in subsection (6)—

(i) in the opening words, after “prepare” there is inserted “and
publish”;

(ii) in paragraph (c) (long-stop date) for “three years” there is
45substituted “five years”.

(5) After section 39C (drought plans: provision of information) there is inserted—

“39D Drought plans: supplementary

(1) The Minister may by order made by statutory instrument amend the
period for the time being specified in section 39B(6)(c).

(2) 5In subsection (1), “the Minister” means—

(a) the Secretary of State, in relation to an order applying to water
undertakers whose areas are wholly or mainly in England, and

(b) the Welsh Ministers, in relation to an order applying to water
undertakers whose areas are wholly or mainly in Wales.

(3) 10A statutory instrument containing an order made by the Secretary of
State under subsection (1) is subject to annulment in pursuance of a
resolution of either House of Parliament.

(4) A statutory instrument containing an order made by the Welsh
Ministers under subsection (1) is subject to annulment in pursuance of
15a resolution of the Assembly.

(5) Subsection (6) applies in relation to a statutory instrument containing
both—

(a) an order made by the Secretary of State under subsection (1),
and

(b) 20an order made by the Welsh Ministers under subsection (1).

(6) If in accordance with subsection (3) or (4) (negative resolution
procedure)—

(a) either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument containing
25an order made by the Secretary of State be annulled, or

(b) the Assembly resolves that an instrument containing an order
made by the Welsh Ministers be annulled,

the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.”

29 30Standards of performance: water supply

(1) After section 38 of the Water Industry Act 1991 there is inserted—

“38ZA Standards of performance in connection with the supply of water:
water supply licensees

(1) For the purpose of establishing overall standards of performance in
35connection with the supply of water by water supply licensees in
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) 40provide 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.