Water Bill (HL Bill 97)

27 In section 19 (exceptions to the duty to enforce), for “company”, in each
place, there is substituted “person”.

28 In section 20 (procedure for enforcement orders), for “company to which”,
in each place, there is substituted “person to whom”.

29 (1) 5Section 21 (validity of enforcement orders) is amended as follows.

(2) In subsection (1)—

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

(b) for “company”, in the second place it occurs, there is substituted
“person”.

(3) 10In subsection (2), for “company” there is substituted “person”.

30 In section 22 (effect of enforcement order), in subsection (3)—

(a) for “company”, in each place, there is substituted “person”;

(b) for “it” there is substituted “the person”.

31 (1) Section 22A (penalties) is amended as follows.

(2) 15In subsection (1)—

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

(b) in paragraph (b), in the opening words, for “company”, in both
places, there is substituted “person”;

(c) in the closing words, for “the company” there is substituted “that
20company or that person”.

(3) In subsection (2)—

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

(b) in paragraph (b), in the opening words, for “company”, in both
places, there is substituted “person”;

(c) 25in the closing words, for “the company” there is substituted “that
company or that person”.

(4) In subsection (4), in the opening words, for “company” there is substituted
“person”.

(5) In subsection (6)—

(a) 30in the opening words, after “penalty” there is inserted “on a person”;

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

(c) in paragraph (d), for “company”, there is substituted “person”.

(6) In subsection (7)—

(a) for “company”, there is substituted “person on whom the penalty has
35been imposed”;

(b) the words “on it” are repealed.

(7) In subsection (8)(b), for “company”, there is substituted “person on whom
the penalty is to be or has been imposed”.

(8) In subsection (11), for the words from “10%” to “(determined” there is
40substituted “—

“(a) 10% of the turnover of the company, or

(b) in a case where the person on whom the penalty is imposed
is not a company, 10% of the turnover of the business of the
person,

(determined”.

32 (1) Section 22C (time limits on the imposition of financial penalties) is amended
as follows.

(2) In subsection (1)—

(a) 5in the opening words, after “penalty” there is inserted “on a person”;

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

(c) in paragraph (b), for “company” there is substituted “person”.

(3) In subsection (2), in the opening words—

(a) after the first “penalty” there is inserted “on a person”;

(b) 10for “company” there is substituted “person”.

33 (1) Section 22E (appeals) is amended as follows.

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

(3) In subsections (2)(a) and (b) (in both places) and (4)(b), for “company” there
15is substituted “person”.

34 In section 22F (recovery of penalties), for “company” there is substituted
“person”.

35 (1) Section 23 (meaning and effect of special administration orders) is amended
as follows.

(2) 20In subsection (1), for “a qualifying licensed water supplier” there is
substituted “a qualifying water supply licensee or a qualifying sewerage
licensee”.

(3) In subsection (2A)—

(a) for “a qualifying licensed water supplier” there is substituted “a
25qualifying water supply licensee”;

(b) for “subsection (6)(b)” there is substituted “subsection (7)”.

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

“(2AA) The purposes of a special administration order made in relation to a
company which is a qualifying sewerage licensee must be—

(a) 30the transfer to another company or companies, as a going
concern, of so much of the company’s undertaking as it is
necessary to transfer in order to secure that the activities
relating to the removal or removals of matter mentioned in
subsection (9) may be properly carried on, and

(b) 35the carrying on of those activities pending the making of the
transfer.”

(5) In subsection (2B)(b)—

(a) in the opening words, for “or (2A)(a)” there is substituted “, (2A)(a)
or (2AA)(a)”;

(b) 40in sub-paragraph (ii), for “or (2A)(a)” there is substituted “, (2A)(a) or
(2AA)(a)”.

(6) In subsection (2C), for “and (2A)(b)” there is substituted “, (2A)(b) and
(2AA)(b)”.

(7) In subsection (4), for paragraph (b) there is substituted—

“(b) a company carries on activities relating to—

(i) the introduction or introductions of water mentioned
in subsection (7) formerly carried on by another
5company; or

(ii) the removal or removals of matter mentioned in
subsection (9) formerly carried on by another
company,”.

(8) In subsection (6)—

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

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

(c) for paragraphs (a) and (b) there is substituted—

“(a) 15it is the holder of a water supply licence giving it a
wholesale or supplementary authorisation (within
the meaning of Chapter 1A of this Part), and

(b) the condition in subsection (7) is satisfied in relation
to it.”

(9) 20After subsection (6) there is inserted—

“(7) The condition in this subsection is that—

(a) the introduction of water by the licence holder which is
permitted under section 66B or 66C is designated as a
strategic supply under section 66G, or

(b) 25the introductions of water by the licence holder which are
permitted under section 66B or 66C are designated as a
collective strategic supply under section 66H.”

(10) After subsection (7) (inserted by sub-paragraph (9)) there is inserted—

“(8) For the purposes of this section, sections 24 to 26 and Schedule 2, a
30sewerage licensee is a qualifying sewerage licensee if—

(a) it is the holder of a sewerage licence giving it a wholesale or
disposal authorisation (within the meaning of Chapter 1A of
this Part), and

(b) the condition in subsection (9) is satisfied in relation to it.

(9) 35The condition in this subsection is that—

(a) the removal of matter by the licence holder which is
permitted under section 117C or 117D is designated as
strategic sewerage provision under section 117N, or

(b) the removals of matter by the licence holder which are
40permitted under section 117C or 117D are designated as
collective strategic sewerage provision under section 117O.”

36 (1) Section 24 (special administration orders made on special petitions) is
amended as follows.

(2) In subsection (1A)—

(a) 45in paragraphs (a) and (b), the words “(after consulting the
Assembly)” are repealed;

(b) in paragraph (b), before “the Authority” there is inserted “by”;

(c) in the words following paragraph (b), for “qualifying licensed water
supplier” there is substituted “qualifying water supply licensee or
qualifying sewerage licensee”.

(3) After subsection (1A) there is inserted—

“(1B) 5Before presenting a petition under subsection (1A) in relation to a
qualifying water supply licensee whose licence gives it a
supplementary authorisation, the Secretary of State or the Authority
(as the case may be) must consult the Welsh Ministers.”

(4) In subsection (2)—

(a) 10in 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
sewerage licensee, that—

(i) 15action 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
inappropriate for the company to continue to
20hold its licence;”;

(c) in paragraph (d), for “qualifying licensed water supplier” there is
substituted “qualifying water supply licensee or a qualifying
sewerage licensee”.

(5) In subsection (7)(b), for “qualifying licensed water supplier” there is
25substituted “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
substituted “qualifying water supply licensee or a qualifying sewerage
30licensee”.

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
sewerage licensee”.

39 (1) 35Section 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) In subsection (2)—

(a) 40in 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
substituted “the authorisations or combinations of authorisations
45given 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
(13), in the definition of “the interests of consumers”—

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

(b) 5in paragraph (b), for “by sewerage undertakers” there is substituted
“ either by sewerage undertakers or by sewerage licensees acting in
their capacity as such”.

41 (1) Section 27C (the interests of consumers) is amended as follows.

(2) In subsection (1)—

(a) 10the “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) customers, of companies holding an appointment
15under 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) In subsection (2), for the words from “not eligible” to “the total quantity”
20there 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) Section 27H (provision of information to the Council) is amended as follows.

(2) 25In 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) after paragraph (c) there is inserted—

“(d) 30a sewerage licensee,”.

(3) In subsections (2), (3) and (4), after “body”, in each place, there is inserted “or
person”.

(4) In subsection (4)—

(a) for “it” there is substituted “the body or person”;

(b) 35for “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) In subsection (5), for “and a licensed water supplier” there is substituted “, a
40water 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
supply 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) 5by 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
10in Wales”.

(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 15In 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
20“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) 25in 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 30In 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) 35Section 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) 40Each 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) 45that 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) In subsection (2), for “any such direction” there is substituted “a direction
5under 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”.

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

(a) 10in 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
“water supply licensee”.

53 In section 39C (drought plans: provision of information)—

(a) 15for “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”
there is substituted “water supply licensee’s”.

54 In section 42 (financial conditions for compliance with the duty in section
2041), 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),
for “sections 48 to” substitute “sections 49 and”.

57 Section 48 (interest on sums provided by way of security) is repealed.

58 (1) 25Section 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
supply system of a water undertaker whose area is wholly or mainly in
Wales,”.

59 30In 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
Wales,”.

60 (1) Section 61 (disconnections for non-payment of charges) is amended as
35follows.

(2) In subsection (1)—

(a) for “the following provisions of this section” there is substituted
“subsections (1A) to (6)”;

(b) after “cut off a supply of water to any premises,” there is inserted “if
40subsection (1ZA) or (1ZB) applies.

“(1ZA) This subsection applies”.

(3) After the subsection (1ZA) so formed there is inserted—

“(1ZB) This 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) 5A water supply licensee may make a request under subsection (1ZB)
only if—

(a) the 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) 10the licensee has served notice on the occupier requiring
payment of charges due,

(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) 15that period has expired.”

(4) In 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
20substituted “subsection (1)”.

(5) After 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) 25within the period of seven days mentioned in subsection
(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
30relation to the premises except at a time when that person is the
occupier 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) 35in paragraph (a), after “the undertaker” there is inserted “or, as the
case 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) 40the words “, from the person in respect of whose liability the power
is 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
45exercised in the circumstances mentioned in
subsection (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) 5in paragraph (b)—

(i) after “those premises” there is inserted “(“the primary
premises”)”;

(ii) after “other premises” there is inserted “(“the secondary
premises”)”;

(b) 10in the words after paragraph (b)—

(i) for “those other premises” there is substituted “the secondary
premises”;

(ii) for “the premises in relation to which the charges are due”
there is substituted “the primary premises”;

(iii) 15for “the other premises” there is substituted “the secondary
premises”.

(9) After 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) 20in a case where the undertaker is exercising the power in
subsection (1) because charges are due to it, the secondary
premises 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
25subsection (1ZB), the secondary premises are supplied by a
person other than the licensee which made that request.”

61 In 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)
30where it disconnects a service pipe, or otherwise cuts off a supply of
water under section 61 in the circumstances mentioned in section
61(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) 35Section 63AA (supply by licensed water supplier: domestic supply duty) is
amended as follows.

(2) In 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
40supply licensee”.

64 (1) Section 63AB (supply by licensed water supplier: non-domestic supply) is
amended as follows.

(2) In the title, for “licensed water supplier” there is substituted “water supply
licensee”.

(3) 45In subsection (1), in the opening words, after “above” there is inserted “or
section 63AC(2)”.

(4) In 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) 5In subsections (1)(a) and (2), for “licensed water supplier” there is
substituted “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.

(2) 10In 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
licensee”;

(b) 15in 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) in paragraph (b), for “its retail authorisation” there is substituted “the
20licensee’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
licensee”;

(b) 25in 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
supply licensee”.

(7) 30After 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) in relation to a water undertaker whose area is wholly or
35mainly 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,

prescribed by regulations made by the Welsh Ministers by statutory
40instrument, 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
water supplier”, in each place, there is substituted “water supply licensee”.