Water Bill (HL Bill 97)

(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
5substituted “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)—

(a) 10for “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
respect to water fittings) is amended as follows.

(2) 15In 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) Section 75 (power to prevent damage and to take steps to prevent
20contamination, 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
“water supply licensee”.

(4) 25In 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) after subsection (7) there is inserted—

“(8) 30The 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
amended as follows.

(2) 35In 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
follows.

(2) 40In 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 In 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 5In section 87C (fluoridation arrangements: compliance), in subsection (4)(b),
for “licensed water supplier” there is substituted “water supply licensee”.

78 In section 90 (indemnities in respect of fluoridation), in subsection (2)—

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

(b) 10for “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) In section 93A (duty to promote the efficient use of water)—

(a) 15in 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) Section 93B (power of Authority to impose requirements on water
20undertakers) 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
performance of that undertaker’s or licensee’s duty”.

(4) 25In 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) In subsections (3) and (6), for “its customers”, in each place, there is
30substituted “that person’s customers”.

82 (1) Section 93C (publicity of requirements imposed under section 93B) is
amended as follows.

(2) In subsection (1)—

(a) for “licensed water supplier” there is substituted “water supply
35licensee”;

(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
93B) is amended as follows.

(2) 40In 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) In 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) 5in subsection (1), after “undertakers” there is inserted “or sewerage
licensees”;

(b) in subsection (2), after “undertakers” there is inserted “or sewerage
licensees”.

86 (1) Section 96A (information to be given to customers about overall
10performance) 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
purpose of providing sewerage services to the premises of customers,”.

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

“(1A) 15Each 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) the standards of overall performance established under
section 95ZA(1) which are applicable to that licensee;

(b) 20that 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 sewerage licensees as may be specified in the
direction.”

(4) 25In subsection (2), for “any such direction” there is substituted “a direction
under subsection (1) or (1A)”.

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

“(2A) The sewerage licensees referred to in subsection (1) shall, if the
Authority so directs, pass on the information about the matters
30mentioned 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
17BA(7).”

(6) In subsection (3), after “undertaker” there is inserted “or sewerage licensee”.

87 35In 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
repealed.

89 In section 101B (power to provide lateral drain following provision of public
40sewer) (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 In 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
5sewerage 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)—

(a) 10subsection (2) is repealed;

(b) in subsection (4), paragraph (b) and the “or” preceding it are
repealed;

(c) subsection (6) is repealed;

(d) in subsection (7), the words from “and for” to the end are repealed.

93 15In section 105C (adoption schemes: supplementary), in subsection (2), after
paragraph (a) insert—

“(aa) any sewerage licensee which uses, or removes matter from,
the sewerage system of any such sewerage undertaker in
accordance with a retail, wholesale or disposal
20authorisation;”.

94 In section 106B (requirement to enter into agreement before connection
charges etc), after subsection (3) (no charges for vesting declaration) there is
inserted—

“(3A) A reference in this section to an agreement entered into under section
25104 includes a reference to—

(a) an order under section 105ZA which is deemed to be an
agreement by virtue of section 105ZA(5), and

(b) an agreement which has been varied by order under section
105ZB(1).”

95 30In section 107 (right of sewerage undertaker to undertake the making of
communications with public sewers), after subsection (6) there is inserted—

“(7) A reference in this section to an agreement under section 104
includes a reference to—

(a) an order under section 105ZA which is deemed to be an
35agreement by virtue of section 105ZA(5), and

(b) an agreement which has been varied by order under section
105ZB(1).”

96 In section 113 (power to alter drainage system of premises in an area), in
subsection (3), for the words from “notice of its proposals to” to the end of
40the subsection substitute “notice of its proposals to—

(a) the owner of the premises in question, and

(b) any sewerage licensee providing sewerage services to those
premises.”

97 In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the
45Water Resources Act 1991” there is inserted “or the Environmental
Permitting (England and Wales) Regulations 2010 (S.I. 2010/675S.I. 2010/675)”.

98 (1) Section 146 (connection charges etc) is amended as follows.

(2) After subsection (3) there is inserted—

“(3A) The reference in subsection (3) to an agreement under section 104
includes a reference to—

(a) 5an order under section 105ZA which is deemed to be an
agreement by virtue of section 105ZA(5), and

(b) an agreement which has been varied by order under section
105ZB(1).”

(3) In subsection (4)—

(a) 10after “sewerage undertaker” there is inserted “or a sewerage
licensee”;

(b) after “to the undertaker” there is inserted “or the licensee (as the case
may be)”.

(4) In subsection (5), after “certain charges” there is inserted “by relevant
15undertakers”.

99 In section 147 (charging for use of emergency water), in subsection (1), after
“undertaker” there is inserted “or water supply licensee”.

100 In section 148 (restriction on charging for metering works), in subsection
(2)(cc), after “section 66D” there is inserted “or 117E”.

101 20In section 150 (fixing maximum charges for services provided with the help
of undertakers’ services), for subsection (1A) there is substituted—

“(1A) This section does not apply to—

(a) water supplies provided by a water supply licensee, or

(b) sewerage services provided by a sewerage licensee,

25to premises of customers in accordance with Chapter 1A of Part 2.”

102 In section 152 (grants for national security purposes), in subsection (1), for
“and licensed water suppliers” there is substituted “, water supply licensees
and sewerage licensees”.

103 (1) Section 154A (financial assistance to reduce charges of relevant undertakers
30and water supply licensees) is amended as follows.

(2) In subsection (1)—

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

(b) in paragraph (b), for “licensed water supplier” there is substituted
“water supply licensee”;

(c) 35in paragraph (b), “its” there is substituted “the licensee’s”;

(d) at the end of paragraph (b) there is inserted “, or

“(c) a sewerage licensee that serves premises in
accordance with the licensee’s retail authorisation
using the sewerage system of an English
40undertaker.”.

(3) In subsection (6)—

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

(b) in paragraph (b), for “licensed water supplier” there is substituted
“water supply licensee”;

(c) at the end of paragraph (b) there is inserted “, or

“(c) to a sewerage licensee by means of an arrangement
made by the Secretary of State with an English
undertaker that is a sewerage undertaker.”.

(4) 5In subsection (7)—

(a) in paragraph (a), for “a licensed water supplier” there is substituted
“a water supply licensee or a sewerage licensee”;

(b) the “or” following paragraph (a) is repealed;

(c) in paragraph (b), for “licensed water supplier” there is substituted
10“water supply licensee”;

(d) in paragraph (b), for “its” there is substituted “the licensee’s”;

(e) at the end of paragraph (b) there is inserted “, or

“(c) a person whose premises are served by a sewerage
licensee in accordance with the licensee’s retail
15authorisation using the undertaker’s sewerage
system.”.

(5) In subsection (8)—

(a) for “of a licensed water supplier” there is substituted “of a water
supply licensee or of a sewerage licensee”;

(b) 20for “section 17A(2)” there is substituted “Schedule 2A or Schedule
2B, as the case may be,”.

104 In section 158 (powers to lay pipes in streets), in subsection (7)(a), for the
words from “section 66B(3)(a)(ii) above” to “section 66B(3)(a)(iii) above”
there is substituted “section 66B(4)(a)(i) or (b)(i) which is used for the
25purpose of supplying water other than for domestic or food production
purposes or laid in pursuance of section 66B(4)(b)(ii)”.

105 (1) Section 162 (works in connection with metering) is amended as follows.

(2) In subsection (1A)—

(a) in paragraph (d), for “licensed water supplier” there is substituted
30“water supply licensee”;

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

“(e) a sewerage licensee provides sewerage services in
respect of those premises using the undertaker’s
sewerage system.”

(3) 35In subsection (1B), for “section 17B(5)” there is substituted “section 17B”.

(4) After subsection (1B) there is inserted—

“(1C) In subsection (1A)(e) above, the reference to the sewerage system of
a sewerage undertaker shall be construed in accordance with section
17BA.”

106 40In section 163 (power to fit stopcocks), in subsection (1), for “a licensed water
supplier” there is substituted “a water supply licensee”.

107 In section 164 (agreements for works with respect to water sources), in
subsection (2) (notice to be given before agreeing to works entailing a
discharge into a watercourse), for the words from “the NRA” to “if the

watercourse” substitute “—

(a) the Environment Agency, if the proposed works will affect
any watercourse in England,

(b) the NRBW, if the proposed works will affect any watercourse
5in Wales, and

(c) if the watercourse”.

108 (1) Section 174 (offences of interference with works etc) is amended as follows.

(2) In subsection (1A)—

(a) in the opening words, for “the licensed water supplier” there is
10substituted “the water supply licensee”;

(b) in paragraph (a)(i)—

(i) for “any licensed water supplier” there is substituted “any
water supply licensee”;

(ii) for “any such supplier” there is substituted “any such
15licensee”;

(c) in paragraph (a)(ii)—

(i) for “the supplier” there is substituted “the licensee”;

(ii) for “its licence” there is substituted “the licensee’s licence”.

(3) In subsection (2)(b), for “licensed water supplier” there is substituted “water
20supply licensee”.

(4) In subsection (2A)—

(a) in paragraph (b), in the opening words, for “a licensed water
supplier” there is substituted “a water supply licensee”;

(b) in paragraph (b)(i), for “the supplier” there is substituted “the
25licensee”;

(c) in paragraph (b)(ii), for “the supplier”, in both places, there is
substituted “the licensee”;

(d) in the words following paragraph (b), for “section 17B(5)” there is
substituted “section 17B”.

(5) 30In subsection (3A)—

(a) in the opening words, for “the licensed water supplier” there is
substituted “the water supply licensee”;

(b) in paragraph (a)(i), for “a licensed water supplier” there is
substituted “a water supply licensee”;

(c) 35in paragraph (a)(ii)—

(i) for “the supplier” there is substituted “the licensee”;

(ii) for “its licence” there is substituted “the licensee’s licence”;

(d) in paragraph (b), for “a supplier”, in both places, there is substituted
“a licensee”.

(6) 40In subsection (5A)—

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

(b) in paragraph (b)—

(i) for “the supplier” there is substituted “the licensee”;

(ii) 45for “its licence” there is substituted “the licensee’s licence”.

(7) In subsection (8A)(b)—

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

(b) for “the supplier” there is substituted “the licensee”.

109 (1) Section 175 (offence of tampering with meter) is amended as follows.

(2) 5In subsection (1) (offence of tampering) for “or licensed water supplier”
there is substituted “, water supply licensee or sewerage licensee”.

(3) In subsection (3) (meaning of “appropriate consent”)—

(a) for paragraph (b) there is substituted—

“(b) if the meter is used by one water supply licensee, the
10consent of that licensee;

(ba) if the meter is used by one sewerage licensee, the
consent of that licensee;”;

(b) in paragraph (c), for sub-paragraph (ii) there is substituted—

“(ii) a water supply licensee;

(iii) 15a sewerage licensee,”.

110 In section 179 (vesting of works in undertaker), in subsection (1A) (when
persons may agree to vest pipes etc in a person other than the undertaker),
the words from “but no agreement” to the end are repealed.

111 (1) Section 195 (the Authority’s register) is amended as follows.

(2) 20In subsection (2)—

(a) in paragraph (bc), for “66D(1)” there is substituted “66CA(1)”;

(b) in paragraph (g), for “or 66H above” there is substituted “, 66H, 117N
or 117O”.

(3) In subsection (3AA), for “licensed water supplier” there is substituted
25“water supply licensee”.

(4) Subsection (3A) is repealed.

112 (1) Section 195A (reasons for decisions) is amended as follows.

(2) In subsection (1)(f), for “66D(1)” there is substituted “66CA(1)”.

(3) In subsection (3), after “appointment or” there is inserted “the person
30holding the”.

113 (1) Section 201 (publication of certain information and advice) is amended as
follows.

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

(3) In subsection (2), after “Part II of this Act or” there is inserted “a person
35holding”.

114 (1) Section 202 (duties of undertakers to furnish the Secretary of State with
information) is amended as follows.

(2) In subsection (1A), for “company”, in both places, there is substituted
“person”.

(3) 40In subsection (3), for “company”, in each place, there is substituted “person”.

(4) In subsection (4)(c)—

(a) after “particular company” there is inserted “or person”;

(b) after “to companies” there is inserted “or persons”;

(c) for “description or” there is substituted “description,”;

(d) after “Part II of this Act or” there is inserted “to all the persons
5holding”.

(5) In subsection (5), for “or licensed water supplier” there is substituted “,
water supply licensee or sewerage licensee”.

115 In section 205 (exchange of metering information between undertakers), in
subsection (4)—

(a) 10the “and” at the end of paragraph (a) is repealed;

(b) in paragraph (b), for “licensed water supplier” there is substituted
“water supply licensee”;

(c) after paragraph (b), there is inserted—

“(c) any sewerage licensee.”

116 (1) 15Section 206 (restriction on disclosure of information) is amended as follows.

(2) In subsection (3)(b), for “a licensed water supplier of any of the duties
imposed on it” there is substituted “a water supply licensee or sewerage
licensee of any of the duties imposed on the licensee”.

(3) In subsection (5)(a), for “a licensed water supplier of activities under its
20licence” there is substituted “a water supply licensee or sewerage licensee of
activities under the licence held by the licensee”.

117 (1) Section 208 (directions in the interests of national security) is amended as
follows.

(2) In subsection (1)—

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

(b) for “or supplier” there is substituted “or licensee”.

(3) In subsection (2)—

(a) for “or licensed water supplier” there is substituted “, water supply
30licensee or sewerage licensee”;

(b) for “or supplier” there is substituted “or licensee”;

(c) for “requiring it” there is substituted “requiring that undertaker or
licensee”.

(4) In subsection (3)—

(a) 35for “or licensed water supplier”, in both places, there is substituted “,
water supply licensee or sewerage licensee”;

(b) for “on it” there is substituted “on that undertaker or licensee”;

(c) for “to it” there is substituted “to that undertaker or licensee”.

118 In section 211 (limitation on right to prosecute in respect of sewerage
40offences), in paragraph (b), after “undertaker;” there is inserted—

“(ba) a sewerage licensee;”.

119 (1) Section 213 (powers to make regulations) is amended as follows.

(2) In subsection (1)—

(a) the words “17D(8),” (inserted by section 35(2) of the Flood and Water
Management Act 2010) are repealed;

(b) the words “or 17D(8)” (inserted by paragraph 49 of Schedule 8 to the
Water Act 2003) are repealed (if they remain in force to any extent);

(c) 5before “or 105A” there is inserted “, 66M”.

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

“(1ZA) The requirement in subsection (1) does not apply in the case of
regulations made by the Welsh Ministers under section 17D(8).”

(4) In subsection (2)(a), for “or sewerage undertaker or licensed water supplier”
10there is substituted “, sewerage undertaker, water supply licensee or
sewerage licensee”.

120 (1) Section 219 (general interpretation) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “customer or potential customer”, in paragraph
15(a), for “licensed water supplier” there is substituted “water supply
licensee or sewerage licensee”;

(b) in the definition of “protected land”, in paragraph (b), for “section
218” there is substituted “section 217”;

(c) in the definition of “sewerage services”, for “includes” there is
20substituted “—

“(a) in the case of a sewerage undertaker, includes”;

(d) in that definition, after the paragraph (a) so formed there is inserted
“or

“(b) in the case of a sewerage licensee, means the services
25provided by that person in that person’s capacity as a
sewerage licensee;”;

(e) in the definition of “water main”—

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

(ii) 30for “or supplier” there is substituted “or licensee”;

(f) the following are inserted at the appropriate place—

• ““charging rules” means rules issued under section
  144ZA;”;

• ““sewerage licensee” is to be construed in accordance
  35with section 17BA(6);”;

• ““water supply licensee” is to be construed in
  accordance with section 17A(7);”;

(g) the definition of “licensed water supplier” is repealed.

(3) After subsection (10) there is inserted—

“(11) 40Subsection (10) does not apply to references to the Chief Inspector of
Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and
86ZA.”

121 In Schedule 1A (the Water Services Regulation Authority), in paragraph
9(3), for paragraph (f) (and the “and” following it) there is substituted—

“(f) 45water supply licensees;

(fa) sewerage licensees; and”.