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(i) for sub-paragraph (ii) there is substituted— | |
“(ii) the Water Services Regulation | |
Authority;”, | |
(ii) for sub-paragraph (iii) there is substituted— | |
“(iii) the Consumer Council for Water (or | 5 |
any regional committee of that | |
Council established under section 27A | |
of the Water Industry Act 1991)”, | |
(iii) for “or regulations under section 2 of the Pollution | |
Prevention and Control Act 1999” there is substituted “, | 10 |
regulations under section 2 of the Pollution Prevention and | |
Control Act 1999 or the Water Act 2003”. | |
(4) In section 219 (powers to make regulations), in each of paragraphs (a) and | |
(b) of subsection (2), for “the Director” there is substituted “the Water | |
Services Regulation Authority”. | 15 |
Water Consolidation (Consequential Provisions) Act 1991 (c. 60) | |
29 In Schedule 2 to the Water Consolidation (Consequential Provisions) Act | |
1991 (transitional and transitory provisions and savings)— | |
(a) in paragraph 8, for “Director General of Water Services” there is | |
substituted “Water Services Regulation Authority”, | 20 |
(b) in paragraph 10, for “Director General of Water Services” there is | |
substituted “Water Services Regulation Authority”. | |
Competition and Service (Utilities) Act 1992 (c. 43) | |
30 Section 50 of the Competition and Service (Utilities) Act 1992 (which amends | |
section 2 of the WIA) shall cease to have effect. | 25 |
Coal Industry Act 1994 (c. 21) | |
31 In section 59 (information to be kept confidential by the Authority), in | |
subsection (4), after paragraph (n) there is inserted— | |
“(o) the Water Act 2003.” | |
Competition Act 1998 (c. 41) | 30 |
32 (1) The Competition Act 1998 is amended as follows. | |
(2) In section 54 (regulators), in subsection (1), for paragraph (d) there is | |
substituted— | |
“(d) the Water Services Regulation Authority;”. | |
(3) In Schedule 7 (the Competition Commission), in paragraph 2(1)(d), sub- | 35 |
paragraph (i) is omitted. | |
(4) In Schedule 13 (transitional provisions and savings), in paragraph 35(2)(e), | |
for “Director General of Water Services” there is substituted “Water Services | |
Regulation Authority”. | |
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Postal Services Act 2000 (c. 26) | |
33 In Schedule 7 to the Postal Services Act 2000 (disclosure of information), in | |
paragraph 3— | |
(a) in sub-paragraph (2), for paragraph (j) there is substituted— | |
“(j) the Water Services Regulation Authority,”, | 5 |
(b) in sub-paragraph (3), after paragraph (gg) there is inserted— | |
“(gga) the Water Act 2003,”. | |
Utilities Act 2000 (c. 27) | |
34 In section 105 of the Utilities Act 2000 (general restrictions on disclosure of | |
information)— | 10 |
(a) in subsection (5), for paragraph (e) there is substituted— | |
“(e) the Water Services Regulation Authority;”, | |
(b) in subsection (6)(l), at the end there is inserted “or the Water Act | |
2003”. | |
Transport Act 2000 (c. 38) | 15 |
35 In Schedule 9 to the Transport Act 2000 (air traffic: information), in | |
paragraph 3— | |
(a) in sub-paragraph (2), for paragraph (g) there is substituted— | |
“(g) the Water Services Regulation Authority;”, | |
(b) in sub-paragraph (3), after paragraph (r) there is inserted— | 20 |
“(ra) the Water Act 2003;”. | |
Enterprise Act 2002 (c. 40) | |
36 (1) The Enterprise Act 2002 is amended as follows. | |
(2) In section 136 (investigations and reports on market investigation | |
references), in each of subsections (7)(c) and (8), for “the Director General of | 25 |
Water Services” there is substituted “the Water Services Regulation | |
Authority”. | |
(3) In section 168 (regulated markets)— | |
(a) in subsection (4)(f), for “the Director General of Water Services” there | |
is substituted “the Water Services Regulation Authority”, | 30 |
(b) in subsection (5), for paragraph (e) there is substituted— | |
“(e) the Water Services Regulation Authority;”. | |
(4) In Schedule 15 (enactments conferring functions in relation to which a public | |
authority may disclose information), at the end there is inserted the | |
following entry— | 35 |
“Water Act 2003 (c. ).” | |
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Part 3 | |
Miscellaneous | |
Metropolis Water Act 1852 (c. 84) | |
37 Section 1 of the Metropolis Water Act 1852 (restriction on sources of supply | |
of water to London) shall cease to have effect. | 5 |
Water Industry Act 1991 (c. 56) | |
38 In section 111 of the WIA (restrictions on use of public sewers)— | |
(a) in paragraph (b) of subsection (1), for “one hundred and ten degrees | |
Fahrenheit” there is substituted “forty-three degrees Celsius”, | |
(b) in subsection (5), for “seventy-three degrees Fahrenheit” there is | 10 |
substituted “twenty-three degrees Celsius”. | |
Land Drainage Act 1991 (c. 59) | |
39 (1) The Land Drainage Act 1991 is amended as follows. | |
(2) In section 16 (which provides for the exercise of certain local authority | |
powers by the Environment Agency), in subsection (2), for “under | 15 |
subsection (3) above” there is substituted “in exercising those powers”. | |
(3) In section 55 (powers of internal drainage boards to borrow), in subsection | |
(1)(a), for “in the execution of this Act” there is substituted “in the exercise | |
or performance of any power or duty under this Act or the Water Resources | |
Act 1991”. | 20 |
Schedule 8 | |
Section 102(2) | |
Minor and consequential amendments: licensing of water suppliers etc | |
Water Act 1989 (c. 15) | |
1 (1) Section 174 of the Water Act 1989 (general restrictions on disclosure of | |
information) is amended as follows. | 25 |
(2) In paragraph (b) of subsection (2), for “or a sewerage undertaker” there is | |
substituted “, sewerage undertaker or company holding a licence under | |
Chapter 1A of Part 2 of the Water Industry Act 1991”. | |
(3) In paragraph (c) of that subsection, for “203(1) or (2)” there is substituted | |
“203(1), (1A), (2) or (2A)”. | 30 |
(4) In subsection (6)(a), after “sewerage undertaker” there is inserted “, or with | |
the carrying on by a company holding a licence under Chapter 1A of Part 2 | |
of the Water Industry Act 1991 of activities under its licence,”. | |
Water Industry Act 1991 (c. 56) | |
2 The WIA is amended as follows. | 35 |
3 In section 6 (appointment of relevant undertakers), after subsection (5) there | |
| |
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|
| |
| |
is inserted— | |
“(5A) A company shall not be appointed to be a relevant undertaker if it is | |
a licensed water supplier.” | |
4 (1) Section 18 (orders for securing compliance) is amended as follows. | |
(2) In subsection (1)— | 5 |
(a) after “this Part” there is inserted “or a licence under Chapter 1A of | |
this Part”; and | |
(b) in paragraph (a), after “appointment” there is inserted “or licence”. | |
(3) After that subsection there is inserted— | |
“(1A) Subject to subsection (2) and sections 19 and 20 below, where— | 10 |
(a) in the case of any company holding an appointment under | |
Chapter 1 of this Part, the Secretary of State or the Authority | |
is satisfied that the company— | |
(i) is causing or contributing to a contravention of a | |
condition or requirement such as is referred to in | 15 |
paragraph (a)(i) or (ii) of subsection (1) above by a | |
company holding a licence under Chapter 1A of this | |
Part; or | |
(ii) is likely to cause or contribute to any such | |
contravention; or | 20 |
(b) in the case of any company holding a licence under Chapter | |
1A of this Part, the Secretary of State or the Authority is | |
satisfied that the company— | |
(i) is causing or contributing to a contravention of a | |
condition or requirement such as is referred to in | 25 |
paragraph (a)(i) or (ii) of subsection (1) above by a | |
company holding an appointment under Chapter 1 of | |
this Part; or | |
(ii) is likely to cause or contribute to any such | |
contravention, | 30 |
he or it shall by a final enforcement order make such | |
provision as is requisite for the purpose of securing | |
compliance with that condition or requirement.” | |
(4) In subsection (2)— | |
(a) after “this Part” there is inserted “or a licence under Chapter 1A of | 35 |
this Part”; and | |
(b) in paragraph (a), after “subsection (1)” there is inserted “or (1A)”. | |
(5) In subsection (4), after paragraph (a)(ii) there is inserted “or | |
(iii) is causing or contributing to a contravention of any | |
such condition or requirement; or | 40 |
(iv) is likely to cause or contribute to any such | |
contravention;”. | |
(6) In subsection (6)— | |
(a) in paragraph (a)— | |
(i) after “this Part” there is inserted “or a licence under Chapter | 45 |
1A of this Part”; and | |
(ii) in sub-paragraph (i), after “appointment” there is inserted “or | |
licence”; and | |
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| |
|
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(b) in paragraph (b), after “this Part” there is inserted “or of a licence | |
under Chapter 1A of this Part”. | |
(7) For subsection (8) there is substituted— | |
“(8) Where any act or omission— | |
(a) constitutes a contravention of a condition of an appointment | 5 |
under Chapter 1 of this Part or of a condition of a licence | |
under Chapter 1A of this Part or of a statutory or other | |
requirement enforceable under this section; or | |
(b) causes or contributes to a contravention of any such | |
condition or requirement, | 10 |
the only remedies for, or for causing or contributing to, that | |
contravention (apart from those available by virtue of this section) | |
shall be those for which express provision is made by or under any | |
enactment and those that are available in respect of that act or | |
omission otherwise than by virtue of its constituting, or causing or | 15 |
contributing to, such a contravention.” | |
5 (1) Section 19 (exceptions to duty to enforce) is amended as follows. | |
(2) In subsection (1), after paragraph (a) there is inserted— | |
“(aa) that the extent to which the company caused or contributed | |
to, or was likely to cause or contribute to, a contravention was | 20 |
trivial;”. | |
(3) In subsection (3), after “paragraph (a),” there is inserted “(aa),”. | |
6 (1) Section 20 (procedure for enforcement orders) is amended as follows. | |
(2) In subsection (1)— | |
(a) after “final enforcement order” there is inserted “under section 18(1) | 25 |
above”; and | |
(b) after “provisional enforcement order” there is inserted “in a case in | |
which section 18(4)(a)(i) or (ii) above applies”. | |
(3) After that subsection there is inserted— | |
“(1A) Before making a final enforcement order under section 18(1A) above | 30 |
or confirming a provisional enforcement order in a case in which | |
section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the | |
Authority shall give notice— | |
(a) stating that he or it proposes to make or confirm the order | |
and setting out the effect of the order; | 35 |
(b) setting out— | |
(i) the condition or requirement for the purposes of | |
securing compliance with which the order is to be | |
made or confirmed; | |
(ii) the acts or omissions which, in his or its opinion, | 40 |
cause or contribute to or would cause or contribute to | |
the contravention of that condition or requirement; | |
and | |
(iii) the other facts which, in his or its opinion, justify the | |
making or confirmation of the order; and | 45 |
(c) specifying the period (not being less than twenty-one days | |
from the date of publication of the notice) within which | |
| |
| |
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| |
representations or objections to the proposed order or | |
proposed confirmation may be made, | |
and shall consider any representations or objections which are duly | |
made and not withdrawn.” | |
(4) In subsection (2), after “subsection (1)” there is inserted “or (1A)”. | 5 |
7 In section 22 (effect of enforcement order), in subsection (3), after “section | |
68(1)(a)” there is inserted “or (1A)(a)”. | |
8 (1) Section 23 (meaning and effect of special administration order) is amended | |
as follows. | |
(2) In subsection (1), after “this Part” there is inserted “or which is a qualifying | 10 |
licensed water supplier”. | |
(3) In subsection (2), after “in relation to any company” there is inserted | |
“holding an appointment under Chapter 1 of this Part”. | |
(4) After that subsection, there is inserted— | |
“(2A) The purposes of a special administration order made in relation to | 15 |
any company which is a qualifying licensed water supplier shall | |
be— | |
(a) the 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 ensure that activities relating | 20 |
to the introduction or introductions of water mentioned in | |
subsection (6)(b) below may be properly carried on; and | |
(b) the carrying on of those activities pending the making of the | |
transfer.” | |
(5) In subsection (4), for the words from “a company” to the end there is | 25 |
substituted— | |
“(a) a company is replaced by another as a relevant undertaker | |
without an appointment or variation under Chapter 1 of this | |
Part; or | |
(b) a company carries on activities relating to the introduction or | 30 |
introductions of water mentioned in subsection (6)(b) below | |
formerly carried on by another company, | |
in pursuance of a special administration order.” | |
(6) After subsection (5), there is inserted— | |
“(6) For the purposes of this section, sections 24 to 26 below and Schedule | 35 |
2 to this Act, a licensed water supplier is a qualifying licensed water | |
supplier if— | |
(a) it is the holder of a combined licence (within the meaning of | |
Chapter 1A of this Part); and | |
(b) the introduction of water by it which is permitted under | 40 |
section 66B or 66C below is designated as a strategic supply | |
under section 66G below or the introductions of water by it | |
which are so permitted are designated as a collective strategic | |
supply under section 66H below.” | |
9 (1) Section 24 (special administration orders made on special petitions) is | 45 |
amended as follows. | |
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(2) After subsection (1), there is inserted— | |
“(1A) If on an application made to the High Court by petition presented— | |
(a) by the Secretary of State (after consulting the Assembly); or | |
(b) with the consent of the Secretary of State (after consulting the | |
Assembly), the Authority, | 5 |
the Court is satisfied in relation to any company which is a qualifying | |
licensed water supplier that any one or more of the grounds | |
specified in subsection (2) below is satisfied in relation to that | |
company, that Court may make a special administration order in | |
relation to that company.” | 10 |
(3) In subsection (2)— | |
(a) for “subsection (1)” there is substituted “subsections (1) and (1A)”, | |
(b) in paragraphs (a) and (b), after “appointment” there is inserted “or | |
licence”, | |
(c) after paragraph (b) there is inserted— | 15 |
“(bb) in the case of a company which is a qualifying | |
licensed water supplier, that— | |
(i) action taken by the company has caused a | |
contravention by a water undertaker of any | |
principal duty; and | 20 |
(ii) that action is serious enough to make it | |
inappropriate for the company to continue to | |
hold its licence;”, | |
(d) in paragraph (d), after “this Part” there is inserted “or was not a | |
qualifying licensed water supplier”, and | 25 |
(e) in paragraph (e), at the beginning there is inserted “in the case of a | |
company holding an appointment under Chapter 1 of this Part,”. | |
(4) For subsection (7) there is substituted— | |
“(7) In this section “principal duty” means— | |
(a) in relation to a company holding an appointment under | 30 |
Chapter 1 of this Part, a requirement imposed on the | |
company by section 37 or 94 below; | |
(b) in relation to a company which is a qualifying licensed water | |
supplier, any condition of its licence or any statutory | |
requirement imposed on it in consequence of its licence.” | 35 |
10 In section 25 (power to make special administration order on a winding | |
up)— | |
(a) after “this Part” there is inserted “or is a qualifying licensed water | |
supplier”; and | |
(b) in paragraph (b), after “appointment” there is inserted “or a | 40 |
qualifying licensed water supplier”. | |
11 In section 26 (restrictions on voluntary winding up and insolvency | |
proceedings), after “this Part” there is inserted “or is a qualifying licensed | |
water supplier”. | |
12 (1) Section 27 (general duty of Authority to keep matters under review) is | 45 |
amended as follows. | |
(2) In subsection (1), for the words from “water” to the end there is | |
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|
