Water Bill (HL Bill 97)

Water BillPage 210

122 (1) Schedule 2 (transitional provision on termination of appointments) is
amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (3A)(a), for “a qualifying licensed water supplier”
5there is substituted “a qualifying water supply licensee or a
qualifying sewerage licensee”;

(b) in sub-paragraph (3A)(b), for “carry on activities” there is substituted
“carry on—

(i) activities;

(c) 10in sub-paragraph (3A)(b), after the sub-paragraph (i) so formed there
is inserted “; or

(ii) activities relating to the removal or
removals of matter mentioned in section
23(9) of this Act which were carried on by
15the transferor until that date (as the case
may be).;

(d) in sub-paragraph (4), in the definition of “other relevant companies”,
for “to be holding” there is substituted “to be—

(a) holding;

(e) 20in sub-paragraph (4), in that definition, after the paragraph (a) so
formed there is inserted “or

(b) holding appointments as sewerage undertakers for
any area in which, or in part of which, the activities
relating to the removal or removals of matter
25mentioned in section 23(9) of this Act will be
carried on by the transferee (as the case may be);.

(3) In paragraph 2(7A)(b), for “licensed water supplier” there is substituted
“water supply licensee or sewerage licensee”.

123 In Schedule 8 (pre-1989 Act transitional authority for trade effluent
30discharges etc), after paragraph 2(3) there is inserted—

(3A) If a sewerage undertaker serves a notice under sub-paragraph (2)
in relation to premises in respect of which a sewerage licensee
provides sewerage services, the sewerage undertaker must send a
copy of the notice to the sewerage licensee.

35Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

124 The Water Resources Act 1991 is amended as follows.

125 (1) Section 203 (exchange of information with respect to pollution incidents etc)
is amended as follows.

(2) In subsection (1A)—

(a) 40for “licensed water supplier” there is substituted “water supply
licensee”;

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

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

(3) In subsection (2A)—

(a) 45for “licensed water supplier” there is substituted “water supply
licensee”;

Water BillPage 211

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

(4) In subsection (3)—

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

(b) 5for “supplier” there is substituted “licensee”.

(5) In subsection (4), for “licensed water supplier” there is substituted “water
supply licensee”.

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

(7) 10In subsection (8)—

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

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

126 (1) Section 204 (restriction on disclosure of information) is amended as follows.

(2) 15In subsection (2)(b)—

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

(b) for “on it” there is substituted “on the undertaker or, as the case may
be, the person”.

(3) In subsection (4)(a)—

(a) 20for “a company” there is substituted “a person”;

(b) for “its licence” there is substituted “the person’s licence”.

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672S.I. 1999/672)

127 In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999, in the entry relating to the Water Industry Act 1991—

(a) 25for “licensed water suppliers” there is substituted “water supply
licensees”;

(b) for “licensed water supplier”, in each place those words occur, there
is substituted “water supply licensee”.

Enterprise Act 2002 (c. 40)Enterprise Act 2002 (c. 40)

128 30The Enterprise Act 2002 is amended as follows.

129 (1) Section 168 (regulated markets) is amended as follows.

(2) In subsection (3)(ff), after “section 66D” there is inserted “or 117E”.

(3) In subsection (4)(ff), after “section 66D”, in both places, there is inserted “or
117E”.

130 35In section 249 (special administration regime), in subsection (1)(aa)—

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

(b) after “administration order)” there is inserted “or a qualifying
sewerage licensee within the meaning of subsection (8) of that
40section”.

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Water Act 2003 (c. 37)Water Act 2003 (c. 37)

131 The Water Act 2003 is amended as follows.

132 Section 40 (which inserted the section 2A of the Water Industry Act 1991 that
is being replaced by section 24 of this Act) is repealed.

133 (1) 5Section 52 (co-operation between water regulators) is amended as follows.

(2) In subsection (3)—

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

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

(c) in paragraph (c), for “and licensed water suppliers” there is
substituted “, water supply licensees and sewerage licensees”.

(3) After subsection (8) there is inserted—

(9) In this section—

  • 15“sewerage licensee” means a person holding a sewerage licence
    under Chapter 1A of Part 2 of the Water Industry Act 1991;

  • “water supply licensee” means a person holding a water supply
    licence under Chapter 1A of Part 2 of the Water Industry Act
    1991.

134 (1) 20Section 58 (fluoridation of water supplies) is amended as follows, to the
extent that it is not in force on the day on which paragraphs 76 to 78 come
into force.

(2) In subsection (2)—

(a) in the inserted section 87 of the Water Industry Act 1991 (fluoridation
25of water supplies at request of relevant authorities), in subsections
(2)(b) and (3)(b), for “licensed water supplier” there is substituted
“water supply licensee”;

(b) in the inserted section 87C of the Water Industry Act 1991
(fluoridation arrangements: compliance), in subsection (4)(b), for
30“licensed water supplier” there is substituted “water supply
licensee”.

(3) In subsection (6), in the inserted section 90 of the Water Industry Act 1991
(indemnities in respect of fluoridation), in subsection (2)—

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

(b) for “it”, in both places, there is substituted “the licensee”.

Government of Wales Act 2006 (c. 32)Government of Wales Act 2006 (c. 32)

135 In Schedule 7 to the Government of Wales Act 2006 (Acts of the Assembly),
in paragraph 19 (water and flood defence), in the second exception, for
40“licensed water supplier” there is substituted “water supply licensee”.

Consumers, Estate Agents and Redress Act 2007 (c. 17)Consumers, Estate Agents and Redress Act 2007 (c. 17)

136 The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

137 In section 4 (meaning of “designated consumers”), in subsection (3)—

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

(b) for “its capacity” there is substituted “the undertaker’s or licensee’s
capacity”.

138 (1) 5Section 25 (enforcement by regulator of section 24 notice) is amended as
follows.

(2) In subsection (2), for “its capacity” there is substituted “the person’s
capacity”.

(3) In subsection (3), in the table, for “or licensed water supplier” there is
10substituted “, water supply licensee or sewerage licensee”.

(4) In subsection (7), for “or licensed water supplier” there is substituted “,
water supply licensee or sewerage licensee”.

139 In section 33 (supplementary provision about transfer and abolition orders),
in subsection (10)—

(a) 15for “or a licensed water supplier” there is substituted “, a water
supply licensee or a sewerage licensee”;

(b) for “its capacity” there is substituted “the undertaker’s or licensee’s
capacity”.

140 In section 41 (interpretation of Part 1), in subsection (1)—

(a) 20the definition of “licensed water supplier” is repealed;

(b) at the appropriate place there is inserted—

  • “sewerage licensee” means a person holding a
    sewerage licence under Chapter 1A of Part 2 of the
    Water Industry Act 1991;”;

  • 25““water supply licensee” means a person holding a
    water supply licence under Chapter 1A of Part 2 of
    the Water Industry Act 1991.

141 (1) Section 42 (interpretation of Part 2) is amended as follows.

(2) In subsection (1), in the table—

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

(b) in the second column, for “or licensed water supplier in its capacity”
there is substituted “, water supply licensee or sewerage licensee in
the undertaker’s or licensee’s capacity”.

(3) 35In subsection (2)—

(a) the definition of “licensed water supplier” is repealed;

(b) at the appropriate place there is inserted—

  • “sewerage licensee” has the same meaning as in Part
    1;”;

  • 40““water supply licensee” has the same meaning as in
    Part 1.

142 In section 52 (enforcement of requirements imposed under Part 2), in
subsection (3), for “or licensed water supplier” there is substituted “, water
supply licensee or sewerage licensee”.

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Flood and Water Management Act 2010 (c. 29)Flood and Water Management Act 2010 (c. 29)

143 The Flood and Water Management Act 2010 is amended as follows.

144 In section 6 (other Part 1 definitions), in subsection (11) (“water company”)—

(a) in the opening words, the words “a company which holds” are
5repealed;

(b) in paragraph (a), at the beginning insert “a company which holds”;

(c) in paragraph (b), at the beginning insert “a person who holds”.

145 In section 35 (provision of infrastructure), in subsection (2), in the words
inserted into section 213(1) of the Water Industry Act 1991, the words
10“17D(8),” are repealed (if section 35(2) remains to be brought into force to
any extent).

146 In section 42 (agreements on new drainage systems)—

(a) subsection (2) (which substitutes section 105(2) of the Water Industry
Act 1991) is repealed;

(b) 15subsection (3) (which inserts section 104(9) of the Water Industry Act
1991) is repealed.

147 In section 44 (social tariffs in charges schemes), in subsection (3), for the
words from “in connection with” to “1991 Act)” there is substituted “under
the Water Industry Act 1991 in connection with undertakers’ charges
20schemes under section 143 of that Act”.

Section 49

SCHEDULE 8 Regulation of the water environment

Part 1 Purposes for which provision may be made

25Interpretation

1 In this Schedule—

  • “fish regulations” means regulations containing provision which—

    (a)

    satisfies section 49(2)(c), or

    (b)

    is for the purpose mentioned in paragraph 8(2) or 30(3);

  • 30“flood regulations” means regulations containing provision which—

    (a)

    satisfies section 49(2)(b), or

    (b)

    is for the purpose mentioned in paragraph 8(2) or 30(2);

  • “water regulations” means regulations containing provision which—

    (a)

    satisfies section 49(2)(a), or

    (b)

    35is for the purpose mentioned in paragraph 8(2) or 30(1).

2 In this Schedule—

  • “functions” includes powers and duties;

  • “regulated activity” means—

    (a)

    in relation to water regulations, the use of water resources;

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    (b)

    in relation to flood regulations, any activity that affects, or
    could affect, the drainage of land, flood risk or the
    management of flood risk;

    (c)

    in relation to fish regulations, any activity that affects, or
    5could affect, the movement of fish through regulated waters;

  • “regulated field” means—

    (a)

    in relation to water regulations, regulating the use of water
    resources;

    (b)

    in relation to flood regulations, securing the drainage of land
    10or the management of flood risk;

    (c)

    in relation to fish regulations, safeguarding the movement of
    fish through regulated waters;

  • “the regulations” means regulations under section 49;

  • “specified” means specified in the regulations.

15Preliminary

3 (1) Establishing standards, objectives or requirements in relation to—

(a) regulated activities, and

(b) in the case of fish regulations, structures or obstructions that affect,
or could affect, the movement of fish through regulated waters.

(2) 20In the case of water regulations, authorising the making of plans for—

(a) the setting of overall limits,

(b) the allocation of rights, or

(c) the progressive improvement of standards or objectives,

relating to the use of water resources.

(3) 25In the case of water regulations, authorising the making of schemes for the
trading or other transfer of rights so allocated.

4 (1) Determining the authorities (whether public or local or the Minister) by
whom functions conferred by the regulations—

(a) in relation to permits under the regulations, or

(b) 30otherwise for or in connection with the regulated field,

are to be exercisable (in this Schedule referred to as “regulators”).

(2) Specifying any purposes for which any such functions are to be exercisable
by regulators.

5 Enabling the Minister to give directions which regulators are to comply
35with, or guidance which regulators are to have regard to, in exercising
functions under the regulations, including—

(a) directions providing for any functions exercisable by one regulator
to be instead exercisable by another;

(b) directions given for the purpose of the implementation of any
40obligations of the United Kingdom under the EU treaties or under
any international agreement to which the United Kingdom is a party;

(c) directions relating to the exercise of any function in a particular case
or class of case (except functions in relation to the investigation or
prosecution, in a particular case, of an offence under the regulations).

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Permits

6 Prohibiting persons from carrying on any activities of any specified
description, except—

(a) under a permit in force under the regulations, and

(b) 5in accordance with any conditions to which the permit is subject.

7 Specifying restrictions or other requirements in connection with the grant of
permits (including provisions for restricting the grant of permits to those
who are fit and proper persons within the meaning of the regulations); and
otherwise regulating the procedure to be followed in connection with the
10grant of permits.

8 (1) Prescribing the contents of permits.

(2) Authorising permits to be granted subject to conditions imposed by
regulators (the nature of any such condition not being restricted by section
49(2)).

(3) 15Securing that permits have effect subject to—

(a) conditions specified in the regulations; or

(b) rules of general application specified in or made under the
regulations.

9 (1) Requiring permits or the conditions to which permits are subject to be
20reviewed by regulators (whether periodically or in any specified
circumstances).

(2) Authorising or requiring the variation of permits or such conditions by
regulators (whether on applications made by holders of permits or
otherwise).

(3) 25Regulating the making of changes in the carrying on of the activities.

10 (1) Regulating the transfer or surrender of permits.

(2) Authorising the revocation of permits by regulators.

(3) Authorising the imposition by regulators of requirements with respect to the
taking of preventive action (by holders of permits or other persons) in
30connection with the surrender or revocation of permits.

11 Authorising the Minister to make schemes for the charging by regulators of
fees or other charges in respect of, or in respect of an application for—

(a) the grant of a permit,

(b) the variation of a permit or the conditions to which it is subject, or

(c) 35the transfer or surrender of a permit,

or in respect of the subsistence of a permit.

12 Authorising, or authorising the Minister to make schemes for, the charging
by the Minister or public or local authorities of fees or other charges in
respect of—

(a) 40any advice given, or

(b) any testing, assessment or investigation done or other action taken,

in cases where the advice or action is in any way in anticipation of, or
otherwise in connection with, the making of applications for the grant of

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permits or is carried out in pursuance of conditions to which any permit is
subject.

Further regulation

13 (1) Requiring persons who propose to carry out activities of a specified
5description to give notice of their proposals to regulators.

(2) Requiring owners or occupiers of land to give notice to regulators of any
obstruction of a specified description occurring on the land.

14 Requiring persons to apply for a permit under the regulations in respect of
activities of a specified description.

15 (1) 10Authorising a regulator, where a person is carrying on an activity of a
specified description—

(a) to serve notice on the person requiring them to cease carrying on the
activity or, at their own cost, to take such action in connection with
the activity as may be specified in the notice, or

(b) 15to arrange itself for action to be taken in connection with the activity.

(2) Authorising a regulator to—

(a) to serve notice on persons of a specified description requiring them,
at their own cost, to take such action as may be specified in the notice,
or

(b) 20to arrange itself for action to be taken,

in respect of a structure or obstruction of a specified description.

16 Imposing requirements, or authorising regulators to impose requirements
on persons of a specified description in relation to the operation and
maintenance of specified structures.

25Information, publicity and consultation

17 Enabling persons of any specified description (whether or not they are
holders of permits) to be required—

(a) to compile information about—

(i) regulated activities, and

(ii) 30in the case of fish regulations, structures or obstructions that
affect, or could affect, the movement of fish through
regulated waters;

(b) to provide such information in such manner as is specified in the
regulations.

18 35Securing—

(a) that publicity is given to specified matters;

(b) that regulators maintain registers of specified matters (but excepting
information which under the regulations is, or is determined to be,
commercially confidential and subject to any other exceptions
40specified in the regulations) which are open to public inspection;

(c) that copies of entries in such registers, or of specified documents,
may be obtained by members of the public.

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19 Requiring or authorising regulators to carry out consultation in connection
with the exercise of any of their functions; and providing for them to take
into account representations made to them on consultation.

Enforcement and offences

20 (1) 5Conferring on regulators functions with respect to the monitoring and
inspection of—

(a) the carrying on of regulated activities, or

(b) regulated structures or obstructions.

(2) Authorising regulators to appoint suitable persons to exercise any such
10functions and conferring on persons so appointed powers such as those
specified in—

(a) sections 169 to 174 of the Water Resources Act 1991;

(b) section 108(4) of the Environment Act 1995;

(c) regulation 26 of the Eels (England and Wales) Regulations 2009
15(S.I. 2009/3344S.I. 2009/3344);

(d) sections 31 and 32 of the Salmon and Freshwater Fisheries Act 1975.

(3) Functions which may be conferred in reliance on sub-paragraph (1)
include—

(a) power to take samples or to make copies of information;

(b) 20power to arrange for preventive or remedial action to be taken at the
expense of holders of permits.

(4) In sub-paragraph (1) “regulated structures or obstructions” means
structures or obstructions which—

(a) may be the subject of notices served by regulators under the
25regulations, or

(b) may be subject to requirements imposed under the regulations.

21 Authorising regulators to serve on holders of permits—

(a) notices requiring them to take remedial action in respect of
contraventions, actual or potential, of conditions to which their
30permits are subject;

(b) notices requiring them to provide such financial security as the
regulators serving the notices consider appropriate pending the
taking of remedial action in respect of any such contraventions;

(c) notices requiring them to take steps to remove or reduce, or to
35mitigate the effect of the potential consequences of, the following
imminent risks (whether or not arising from any such
contraventions)—

(i) an imminent risk of a significant waste of water resources or
of significant damage to the environment, in the case of water
40regulations;

(ii) an imminent risk of a significant impediment to drainage or
of a flood, in the case of flood regulations;

(iii) an imminent risk of a significant impediment to the
movement of fish through regulated waters, in the case of
45fish regulations.

22 Authorising regulators to suspend the operation of permits so far as having
effect to authorise the carrying on of activities to which they relate.

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23 Establishing a procedure for the resolution of disputes in relation to notices
served by regulators under the regulations.

24 Providing for the enforcement of notices served by regulators under the
regulations by proceedings in—

(a) 5the High Court, or

(b) in the case of fish regulations applying as mentioned in section
49(11)(b), the Sheriff Court.

25 Where action is required to be taken by a person under the regulations or
pursuant to a notice served under the regulations, authorising regulators in
10specified circumstances to take action instead of that person; and making
provision for the liability of that person in respect of reasonable costs
incurred by the regulators in taking such action.

26 Creating offences and dealing with matters relating to such offences,
including—

(a) 15the provision of defences, and

(b) evidentiary matters.

27 Enabling, where a person has been convicted of an offence under the
regulations—

(a) a court dealing with that person for the offence to order the taking of
20remedial action (in addition to or instead of imposing any
punishment), or

(b) a regulator to arrange for such action to be taken at that person’s
expense.

28 Where a person causes damage to any structure constructed, altered or
25maintained by a regulator under these regulations, authorising the regulator
to require the person to pay the expenses of the regulator in repairing the
damage and providing for the manner in which such expenses may be
recovered.

Appeals

29 30Conferring rights of appeal in respect of decisions made, notices served or
other things done (or omitted to be done) under the regulations; and making
provision for (or for the determination of) matters relating to the making,
considering and determination of such appeals (including provision for or
in connection with the holding of inquiries or hearings).

35Corresponding provision

30 (1) Making provision which, subject to any modifications that the Minister
considers appropriate, corresponds or is similar to any provision made by or
under, or capable of being made under—

(a) section 71 of the Water Industry Act 1991 (waste from water sources);

(b) 40Chapter 2 of Part 2 of the Water Resources Act 1991 (abstraction and
impounding);

(c) Part 1 of the Water Act 2003 (abstraction and impounding).

(2) Making provision which, subject to any modifications that the Minister
considers appropriate, corresponds or is similar to—