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| Guidance to Director on social and environmental matters. |
110. After section 2 of the 1991 Act there is inserted-
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| "Guidance on social and environmental matters. |
2A. - (1) Guidance shall be issued from time to time-
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(a) by the Assembly, in relation to relevant undertakers whose areas are wholly or mainly in Wales, and |
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(b) by the Secretary of State, in relation to other relevant undertakers, |
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about the making by the Director of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.
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(2) The Director shall, in exercising and performing the powers and duties mentioned in section 2(1), have regard to any guidance issued under this section.
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(3) Before issuing guidance under this section the Secretary of State and the Assembly shall consult-
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(c) relevant undertakers; and |
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(d) such other persons as the Secretary of State or the Assembly considers it appropriate to consult in relation to the guidance. |
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(4) A draft of any guidance proposed to be issued by the Secretary of State under this section shall be laid before each House of Parliament.
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(5) Guidance shall not be issued by the Secretary of State under this section until after the period of forty days beginning with-
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(a) the day on which the draft is laid before each House of Parliament; or |
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(b) if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days. |
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(6) If, before the end of that period, either House resolves that the guidance should not be issued, the Secretary of State must not issue it.
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(7) In reckoning any period of forty days for the purposes of subsection (5) or (6), no account shall be taken of any time during which-
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(a) Parliament is dissolved or prorogued; or |
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(b) both Houses are adjourned for more than four days. |
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(8) The Secretary of State and the Assembly shall arrange for any guidance issued by him or it under this section to be published in such manner as he or it considers appropriate."
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| Standards of performance in relation to water supply. |
111. - (1) Section 39 of the 1991 Act (procedure for making regulations relating to performance standards in connection with water supply) is amended as follows.
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(2) Before subsection (1) there is inserted-
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"(A1) The Secretary of State may make regulations under section 38-
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(a) on an application by the Director, only in accordance with subsections (1) to (3); or |
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(b) otherwise than on such an application, only in accordance with subsections (4) to (8)." |
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(3) In subsection (1)-
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(a) for the words preceding paragraph (a) and paragraph (a) there is substituted "Where the Director has made to the Secretary of State a written application complying with subsection (2) the Secretary of State may make regulations under section 38 where-"; |
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(b) in paragraph (b), after sub-paragraph (ii) there is inserted- |
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"(iii) on the Council; and
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(iv) on such other persons or bodies as the Secretary of State may consider appropriate;";
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(c) in paragraph (c), for "(b)(ii)" there is substituted "(b)". |
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(4) In subsection (2)-
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(a) in paragraph (a) for "draft provisions proposed by the Director for inclusion in" there is substituted "the Director's proposals for the making of"; |
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(b) in paragraph (b), for "those provisions" there is substituted "the regulations". |
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(5) In subsection (3)-
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(a) for "under section 38 above" there is substituted "on an application by the Director under this section"; |
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(b) in paragraph (a), for "the provisions proposed by the Director in his application or those provisions" there is substituted "those which in the opinion of the Secretary of State give effect to the proposals set out in the Director's application or to those proposals"; |
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(c) in paragraph (b), after sub-paragraph (ii) there is inserted "; and |
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(iii) to any person or body on whom a copy of the Director's application was served under subsection (1)(b)."
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(6) After subsection (3) there is inserted-
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"(4) Where no such application as is mentioned in subsection (1) has been made, the Secretary of State may not make regulations under section 38 unless he considers-
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(a) that the regulations will contribute towards the attainment of policies relating to public health or the environment, or |
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(b) if he does not consider that they will so contribute, that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made. |
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(5) Where no such application as is mentioned in subsection (1) has been made, the Secretary of State shall before making regulations under section 38-
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(a) give notice of his proposals; |
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(b) consider the results of the research carried out in accordance with subsection (7); and |
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(c) consider every representation or objection with respect to the proposals which has been duly made and not withdrawn. |
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(6) A notice under subsection (5)(a) must-
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(a) summarise the Secretary of State's reasons for his proposals; |
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(b) specify the water undertaker or undertakers in relation to which it is proposed the regulations should apply; and |
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(c) specify the period within which objections or representations with respect to the proposals may be made. |
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(7) Before giving notice under subsection (5)(a) the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.
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(8) A notice under subsection (5)(a) shall be given by serving a copy on-
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(c) every water undertaker to which the regulations will apply; |
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(d) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; and |
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(e) such other persons or bodies as the Secretary of State may consider appropriate.". |
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| Standards of performance in relation to sewerage services. |
112. - (1) Section 96 of the 1991 Act (procedure for making regulations relating to performance standards in connection with sewerage services) is amended as follows.
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(2) Before subsection (1) there is inserted-
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"(A1) The Secretary of State may make regulations under section 95-
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(a) on an application by the Director, only in accordance with subsections (1) to (3); or |
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(b) otherwise than on such an application, only in accordance with subsections (4) to (8)." |
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(3) In subsection (1)-
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(a) for the words preceding paragraph (a) and paragraph (a) there is substituted "Where the Director has made to the Secretary of State a written application complying with subsection (2) the Secretary of State may make regulations under section 95 where-"; |
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(b) in paragraph (b), after sub-paragraph (ii) there is inserted- |
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"(iii) on the Council; and
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(iv) on such other persons or bodies as the Secretary of State may consider appropriate;";
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(c) in paragraph (c), for "(b)(ii)" there is substituted "(b)". |
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(4) In subsection (2)-
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(a) in paragraph (a) for "draft provisions proposed by the Director for inclusion in" there is substituted "the Director's proposals for the making of"; |
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(b) in paragraph (b), for "those provisions" there is substituted "the regulations". |
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(5) In subsection (3)-
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(a) for "under section 95 above" there is substituted "on an application by the Director under this section"; |
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(b) in paragraph (a), for "the provisions proposed by the Director in his application or those provisions" there is substituted "those which in the opinion of the Secretary of State give effect to the proposals set out in the Director's application or to those proposals"; |
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(c) in paragraph (b), after sub-paragraph (ii) there is inserted "; and |
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(iii) to any person or body on whom a copy of the Director's application was served under subsection (1)(b)."
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(6) After subsection (3) there is inserted-
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"(4) Where no such application as is mentioned in subsection (1) has been made, the Secretary of State may not make regulations under section 95 unless he considers-
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(a) that the regulations will contribute towards the attainment of policies relating to public health or the environment, or |
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(b) if he does not consider that they will so contribute, that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made. |
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(5) Where no such application as is mentioned in subsection (1) has been made, the Secretary of State shall before making regulations under section 95-
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(a) give notice of his proposals; |
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(b) consider the results of the research carried out in accordance with subsection (7); and |
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(c) consider every representation or objection with respect to the proposals which has been duly made and not withdrawn. |
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(6) A notice under subsection (5)(a) must-
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(a) summarise the Secretary of State's reasons for his proposals; |
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(b) specify the sewerage undertaker or undertakers in relation to which it is proposed the regulations should apply; and |
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(c) specify the period within which objections or representations with respect to the proposals may be made. |
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(7) Before giving notice under subsection (5)(a) the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.
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(8) A notice under subsection (5)(a) shall be given by serving a copy on-
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(c) every sewerage undertaker to which the regulations will apply; |
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(d) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; and |
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(e) such other persons or bodies as the Secretary of State may consider appropriate.". |
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Functions of the Council |
| General functions of the Council. |
113. After section 27B of the 1991 Act (which is inserted by section 105) there is inserted-
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"General functions of the Consumer Council for Water |
| Acquisition and review of information. |
27C. - (1) The Council shall have the function of obtaining and keeping under review-
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(a) information about consumer matters (including matters affecting persons in different areas); |
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(b) information about the views of customers and potential customers of companies holding an appointment under Chapter I of Part II as relevant undertakers on consumer matters (including the views of persons in different areas). |
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(2) Where the Director is required by any provision of this Act or any other enactment to give or publish a notice specifying a period within which representations may be made with respect to any matter mentioned in the notice, the Director shall send a copy of the notice to the Council.
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This subsection does not apply if the enactment makes provision as to the sending of copies to the Council.
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| Provision of advice and information to public authorities. |
27D. - (1) The Council shall have the function of-
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(a) making proposals, or providing advice and information, about consumer matters (including matters affecting persons in different areas); and |
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(b) representing the views on such matters of customers or potential customers of companies holding an appointment under Chapter I of Part II, |
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to public authorities, companies holding such an appointment and other persons whose activities may affect the interests of customers or potential customers of such companies.
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(2) Subject to subsection (5) below, information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be disclosed in the exercise of the Council's function under this section, unless one or more of paragraphs (a) to (c) of subsection (3) below applies to the information.
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(3) Information relating to a particular individual or body may be disclosed if-
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(a) the individual or body has consented to the disclosure; |
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(b) it is information that is available to the public from some other source; or |
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(c) it is not information the disclosure of which would or might seriously and prejudicially affect the interests of the individual or body. |
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(4) Before deciding to disclose any information relating to a particular individual or body in pursuance of subsection (3)(c) above, the Council shall-
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(a) consult that person or body; and |
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(b) have regard to any opinion expressed by the Director as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its publication. |
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(5) Subsections (2) to (4) above do not apply to a disclosure of information which is made to the Director, the Secretary of State, the Competition Commission or any other public authority.
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(6) The disclosure by the Council of information in the exercise of its function under this section does not contravene section 206 below.
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(7) The Council shall maintain at least one office in each of England and Wales at which customers and potential customers of companies holding an appointment under Chapter I of Part II of this Act may apply for information from the Council.
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| Provision of information to consumers. |
27E. - (1) The Council has the function of providing information about consumer matters, in such form as appears to the Council to be most useful to the recipients, to customers or potential customers of companies holding an appointment under Chapter I of Part II.
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(2) That function may be exercised by-
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(a) publishing information in any manner the Council thinks appropriate for the purpose of bringing it to the attention of those likely to be interested; or |
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(b) furnishing information (whether in response to a request or otherwise) to any customer or potential customer of a company holding an appointment under Chapter I of Part II. |
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(3) Information may only be disclosed in the exercise of that function if it is information that is available to members of the public from some other source.
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| Power to publish information and advice about consumer matters. |
27F. - (1) If it appears to the Council that the publication of any advice and information about consumer matters (including information about the views of consumers on such matters) would promote the interests of consumers, the Council may publish that advice or information in such manner as it thinks fit.
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(2) Information relating to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published under this section unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
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(3) Information relating to a particular individual or body may be published if-
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(a) that individual or body has consented to the disclosure; |
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(b) it is information that is available to the public from some other source; or |
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(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body. |
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(4) Before deciding to disclose any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall-
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(a) consult that person or body; and |
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(b) have regard to any opinion expressed by the Director as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its publication. |
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(5) The publication of information under this section does not contravene section 206.
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(6) In this section "the interests of consumers" means the interests of customers or potential customers of companies holding an appointment under Chapter I of Part II."
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| Provision of information to the Council. |
114. After section 27F of the 1991 Act (inserted by section 113) there is inserted-
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| "Provision of information to the Council. |
27G. - (1) The Council may require-
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(b) the Secretary of State, or |
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(a "relevant authority") to supply to it such information relating to the relevant authority's functions under this Act as the Council may require in the exercise of its functions.
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(2) The Council may require a company holding an appointment under Chapter I of Part II (an "appointed company") to supply to it such information as it may require in the exercise of its functions.
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(3) Each relevant authority and each appointed company shall comply with any requirement under this section as soon as reasonably practicable.
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(4) Information supplied to the Council under this section shall be supplied in such form as the Council may reasonably specify.
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(5) Before requiring information to be supplied under this section and in specifying the form in which any information is to be supplied, the Council shall have regard to the desirability of minimising the costs, or any other detriment, to any relevant authority or any appointed company.
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(6) The Secretary of State may make regulations prescribing-
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(a) descriptions of information which a relevant authority or an appointed company may refuse to supply under this section, or |
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(b) circumstances in which a relevant authority or an appointed company may refuse to supply information under this section. |
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(7) Where an appointed company refuses to supply any information required under this section, the Council may refer the refusal to the Director.
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(8) On any referral under subsection (7) the Director shall-
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(a) consider any representations made by the Council or the appointed company, and |
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(b) determine whether by virtue of any regulations made under subsection (6) the information which the appointed company refuses to supply is information which it is entitled to refuse to supply, |
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and, if the Director determines that it is not, the appointed company shall supply the information to the Council.
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(9) A relevant authority shall, if required by the Council to do so, give notice to the Council of his or its reasons for-
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(a) a refusal to supply information under this section; or |
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(b) a determination under subsection (8). |
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(10) The duty of an appointed company to comply with this section shall be enforceable by the Director under section 18.
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| Publication of notice of reasons. |
27H. - (1) Subject to the following provisions of this section, the Council may publish a notice given to it under section 27G(9).
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(2) Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published under subsection (1) unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
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(3) Information relating to a particular individual or body may be published if-
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(a) that individual or body has consented to the disclosure; |
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(b) it is information that is available to the public from some other source; or |
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(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body. |
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(4) Before deciding to disclose any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall-
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(a) consult that person or body; and |
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(b) have regard to any opinion expressed by a relevant authority as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its publication. |
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(5) The publication by the Council of information under this section does not contravene section 206.
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| Provision of information by the Council. |
27I. - (1) The Council shall, as soon as reasonably practicable after being required to do so by a relevant authority, supply to the relevant authority such information as the relevant authority may require in the exercise of its functions under this Act.
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(2) The Secretary of State may make regulations prescribing-
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(a) descriptions of information which the Council may refuse to supply under this section, or |
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(b) circumstances in which the Council may refuse to supply information under this section. |
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(3) Where the Council refuses to supply to a relevant authority any information under subsection (1), it must give notice to the relevant authority of its reason for the refusal and the relevant authority may publish that notice in such manner as he or it considers appropriate.
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(4) In publishing any notice under this section, a relevant authority shall have regard to the need for excluding, so far as that is practicable, any matter the publication of which it considers would or might seriously and prejudicially affect the interests of a particular individual or body of persons (corporate or unincorporate)."
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| Provision of statistical information to consumers etc. |
115. - (1) After section 38A of the 1991 Act (information with respect to levels of performance of water undertakers) there is inserted-
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| "Publication of statistical information about standards of performance. |
38B. - (1) It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate relating to-
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(a) the levels of performance achieved by water undertakers in respect of standards of performance prescribed in regulations under section 38(1)(b) or (2); |
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(b) complaints made by customers or potential customers of water undertakers about any matter relating to the activities of water undertakers and the handling of such complaints. |
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(2) In subsection (1)(b) "complaints" includes complaints made directly to water undertakers (or anyone carrying on activities on their behalf) and complaints to the Director or the Council."
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(2) After section 95A of the 1991 Act (information with respect to levels of performance of sewerage undertakers) there is inserted-
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| "Publication of statistical information about standards of performance. |
95B. - (1) It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate relating to-
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(a) the levels of performance achieved by sewerage undertakers in respect of standards of performance prescribed in regulations under section 95(1)(b) or (2); |
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(b) complaints made by customers or potential customers of sewerage undertakers about any matter relating to the activities of sewerage undertakers and the handling of such complaints. |
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(2) In subsection (1)(b) "complaints" includes complaints made directly to sewerage undertakers (or anyone carrying on activities on their behalf) and complaints to the Director or the Council."
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(3) Sections 38A(4) and (5) and 95A(4) and (5) of the 1991 Act shall cease to have effect.
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| Consumer complaints. |
116. - (1) For section 29 of the 1991 Act there is substituted-
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| "Consumer complaints. |
29. - (1) This section applies to a complaint which any customer or potential customer of a relevant undertaker ("the complainant") has against that undertaker in relation to any matter connected with the functions of that undertaker.
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(2) If such a complaint is referred to the Council by or on behalf of the complainant and it appears to the Council that-
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(a) the complainant has an interest in the matter to which the complaint relates; and |
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(b) the complaint is not frivolous or vexatious, |
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it shall (subject to subsections (3) and (6)) be the duty of the Council to investigate the matter.
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(3) Where it appears to the Council that the complaint is one the Director would be required to investigate under section 181, the Council shall, instead of investigating the matter to which it relates, refer the complaint to the Director.
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(4) Where it appears to the Council that the complaint relates to a matter in respect of which any enforcement function is or may be exercisable the Council shall (unless it considers that the Director already has notice of that matter) inform the Director of the matter.
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(5) Where it appears to the Council that the complaint relates to a matter which constitutes a dispute of a kind which can be referred to the Director under any provision of this Act, the Council shall inform the complainant that he may have the right to refer the dispute to the Director.
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(6) The Council is not required to investigate any matter if it appears to the Council that-
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(a) it is unlikely that the complaint could be resolved by action taken by the relevant undertaker; |
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(b) the relevant undertaker has not been given a reasonable opportunity to deal with the complaint; |
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(c) in a case mentioned in subsection (4), the Director has not had a reasonable opportunity to exercise any enforcement function in relation to that matter; |
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(d) in a case mentioned in subsection (5), it is inappropriate to do so. |
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(7) Where it appears to the Council to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, the Council shall make representations on behalf of the complainant to the relevant undertaker about anything to which the complaint relates.
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(8) After investigating a complaint the Council may make a report to the Director; and such a report may include information about-
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(a) any representations made by the Council under subsection (7); and |
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(b) the response of the relevant undertaker to the complaint or any such representations. |
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(9) The Council shall not exercise its power to publish a report under subsection (8) or any information about the complaint from which the complainant may be identified without the consent of the complainant.
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(10) Where a representation made to the Director about any matter (other than a representation appearing to him to be frivolous or vexatious) appears to the Director-
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(a) to have been made by or on behalf of a person having an interest in the matter; and |
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(b) to be about a matter which is or amounts to a complaint to which this section applies (other than one which it is his duty to investigate under section 181), |
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the Director shall refer the matter to the Council.
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(11) In this section "enforcement function" means a function under section 18 or 22A."
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(2) Section 30 of the 1991 Act shall cease to have effect.
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| Investigations by the Council. |
117. After section 29 of the 1991 Act there is inserted-
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| "Power of Council to investigate other matters. |
29A. - (1) The Council may investigate any matter (not being a matter which it is its duty to investigate under this Part) which appears to it to be a matter relating to the interests of consumers in respect of water and sewerage services.
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(2) Before undertaking an investigation under this section the Council shall consult the Director, the Secretary of State and the Assembly.
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(3) Where the Council has investigated a matter under this section it may make a report on that matter to the Director, the Secretary of State, the Director General of Fair Trading, the Assembly or any other public authority whose functions appear to the Council to be exercisable in relation to that matter.
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(4) Subject to subsection (5), the Council may-
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(a) send a report on any matter investigated under this section to any person who appears to the Council to have an interest in that matter; and |
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(b) publish any such report in such manner as the Council thinks appropriate. |
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(5) Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be included in any report which is to be sent to any other person, or published, under subsection (4) unless one or more of paragraphs (a) to (c) of subsection (6) applies to the information.
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(6) Information relating to a particular individual or body may be included in such a report if-
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(a) that individual or body has consented to the disclosure; |
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(b) it is information that is available to the public from some other source; or |
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(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body. |
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(7) Before deciding to include in such a report any information relating to a particular individual or body in pursuance of subsection (6)(c), the Council shall-
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(a) consult that person or body; and |
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(b) have regard to any opinion expressed by the Director as to the application of subsection (6)(c) to the information or as to the desirability or otherwise of its inclusion in the report. |
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(8) The disclosure or publication by the Council of a report in accordance with this section does not contravene section 206."
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