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Water Bill [HL]


Water Bill [HL]
Part 1 — Abstraction and impounding

    36

 

Enforcement

 32    Enforcement notices, and related procedures and offences

After section 25 of the WRA there is inserted—

       “25A            Enforcement notices

           (1)           Subject to the following provisions of this section, where it appears to

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the Agency that a person is—

                  (a)                 in breach of section 24(1) or (2) or section 25(1) above; or

                  (b)                 for the purposes of section 24 or 25 above a holder of a licence

under this Chapter and has not complied with a condition or

requirement imposed by the provisions, as for the time being in

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force, of that licence,

                                       the Agency shall be entitled to serve an enforcement notice on him if the

condition in subsection (2) below is satisfied.

           (2)           The condition is that it appears to the Agency that the breach or failure

to comply is causing or is likely to cause significant damage to the

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environment.

           (3)           An enforcement notice is a notice requiring the person on whom it is

served—

                  (a)                 to cease his breach of section 24(1) or (2) or section 25(1) above,

or to comply with the condition or requirement in question; and

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                  (b)                 to carry out any works or operations specified in the notice.

           (4)           The works or operations which may be specified are works or

operations which it appears to the Agency are appropriate for the

purpose of remedying or mitigating the effects of the breach or failure

to comply, and may include—

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                  (a)                 works or operations for the purpose, so far as it is reasonably

practicable to do so, of restoring any affected waters, including

any flora and fauna dependent on them, to their state

immediately before the breach or failure to comply; and

                  (b)                 in the case of a breach of section 25(1) above, the removal of any

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unauthorised impounding works or the reversal of any

unauthorised alteration to impounding works.

           (5)           An enforcement notice must specify the periods within which the

person on whom it is served must do each of the things specified in the

notice.

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           (6)           Before serving an enforcement notice on any person, the Agency shall

take reasonable steps to consult that person about the works or

operations which are to be specified in the notice.

           (7)           The Secretary of State may by regulations make provision for or in

connection with—

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                  (a)                 the form or content of enforcement notices;

                  (b)                 requirements for consultation, before the service of an

enforcement notice, with persons other than the person upon

whom the notice is to be served;

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    37

 

                  (c)                 steps to be taken for the purposes of any consultation required

under subsection (6) above or regulations made by virtue of

paragraph (b) above;

                  (d)                 any other steps of a procedural nature which are to be taken in

connection with, or in consequence of, the service of an

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enforcement notice.

           (8)           An enforcement notice is not invalid, or invalidly served, merely

because of a failure to comply with subsection (6) above or with

regulations made by virtue of subsection (7)(b) above.

           (9)           The Secretary of State may, if he thinks fit in relation to any person, give

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directions to the Agency as to whether or how it should exercise its

powers under this section.

           (10)          In proceedings for any offence under section 24 or 25 above against a

person upon whom an enforcement notice has been served, the

following are not to be taken as evidence that he has committed the

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offence—

                  (a)                 the fact that an enforcement notice has been served on him;

                  (b)                 the fact that he does not appeal against it;

                  (c)                 the fact that on an appeal against it the notice is confirmed

(whether with or without modifications).

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       25B            Rights of entry and appeals

      Sections 161B and 161C below (including any power to make

regulations) shall apply in relation to enforcement notices as they apply

in relation to works notices under section 161A below.

       25C            Consequences of not complying with an enforcement notice

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           (1)           If a person on whom the Agency serves an enforcement notice fails to

comply with any of its requirements, he shall be guilty of an offence.

           (2)           A person who commits an offence under subsection (1) above shall be

liable—

                  (a)                 on summary conviction, to a fine not exceeding £20,000;

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                  (b)                 on conviction on indictment, to a fine.

           (3)           If a person on whom an enforcement notice has been served fails to

comply with any of its requirements, the Agency may do what that

person was required to do and may recover from him any costs or

expenses reasonably incurred by the Agency in doing it.

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           (4)           If the Agency is of the opinion that proceedings for an offence under

subsection (1) above would afford an ineffectual remedy against a

person who has failed to comply with the requirements of an

enforcement notice, the Agency may take proceedings in the High

Court for the purpose of securing compliance with the notice.”

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 33    Appeals against enforcement orders

     (1)    Section 21 of the WIA (validity of enforcement orders) is amended as follows.

     (2)    At the end of paragraph (a) of subsection (1), there is omitted the word “or”.

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    38

 

     (3)    After paragraph (b) of subsection (1), there is added—

                  “(c)                    that the making or confirmation of the order was based on an

error of law or fact; or

                  (d)                    that in the circumstances of the case, the making or

confirmation of the order was not reasonable.”

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     (4)    For subsection (2) there is substituted—

           “(2)              On any such application, the High Court may, if satisfied that any of the

grounds set out in subsection (1) above are proved—

                  (a)                 quash the order or any provision of the order; or

                  (b)                 vary the whole of the order, or any part of the order whether the

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application relates to that part of the order or not.”

Miscellaneous

 34    Bulk supplies

     (1)    After section 20B of the WRA (inserted by section 31 of this Act) there is

inserted—

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       “20C            Proposals for bulk supply arrangements

           (1)           In the circumstances mentioned in subsection (2) below, the Agency

may, in carrying out its functions under section 6(2) of the 1995 Act,

propose to a qualifying person (within the meaning of section 40 of the

Water Industry Act 1991) that he make an application under that

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section for a bulk supply of water from a water undertaker.

           (2)           The circumstances referred to in subsection (1) above are that it appears

to the Agency that such a bulk supply is necessary in order to secure the

proper use of water resources.

           (3)           The Agency shall not make such a proposal without first consulting the

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Water Services Regulation Authority.

           (4)           The Agency may include in its proposal the period for which, and

terms and conditions on which, the Agency considers it appropriate

that the bulk supply should be given.”

     (2)    In section 38 of the WRA (general consideration of applications), in subsection

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

                                       “and may have regard to any failure on the part of the applicant to

make an application under section 40 of the Water Industry Act 1991

pursuant to a proposal made by the Agency under section 20C above.”.

 35    Visiting forces

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Section 223 of the WRA (exemption of visiting forces from restrictions on

abstraction etc) shall cease to have effect.

 36    Application of certain water resources provisions to this Act

     (1)    The relevant WRA provisions apply to (or in relation to) the following sections

of this Act (the “applicable sections”) as they apply to (or in relation to) Part 2

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or, as the case may be, Chapter 2 of Part 2 of the WRA—

 

 

Water Bill [HL]
Part 2 — New regulatory arrangements, etc

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           (a)           section 5 (existing impounding works),

           (b)           section 6 (existing impounding works: works notices), and

           (c)           section 12 (orders under section 33 of the WRA, etc).

     (2)    Accordingly, in the relevant WRA provisions—

           (a)           references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be

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read as if the applicable sections were included in that Part or that

Chapter,

           (b)           references to the related water resources provisions are to be read as if

those provisions meant, in relation to the applicable sections, the

relevant WRA provisions other than section 222 of the WRA, and

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           (c)           references to the Secretary of State are to be read as references to the

appropriate authority (as defined, in each case, in the applicable section

in question).

     (3)    The “relevant WRA provisions” are the following provisions of the WRA—

           (a)           section 120 (contributions between the Agency and certain other

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authorities),

           (b)           section 158 (works agreements for water resources purposes),

           (c)           section 201 (power to require information in respect of water resources

functions), as substituted by section 73 of this Act,

           (d)           section 216 (enforcement: powers and duties),

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           (e)           section 222 (Crown application), as in force immediately before the

substitution made by paragraph 2(4) of Schedule 21 to the Environment

Act 1995 (c. 25) and for so long as the substituted section 222 does not

apply to Part 2 of the WRA.

     (4)    Section 220 of the WRA (provisions relating to service of documents) applies to

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documents required or authorised by virtue of any of the applicable sections to

be served on any person as it applies to documents required or authorised to

be served by virtue of the WRA.

     (5)    References in the WRA to the functions (generally) of the Environment Agency

are to be read as including the Agency’s functions under the applicable

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sections.

Part 2

New regulatory arrangements, etc

Establishment, etc of new bodies

 37    Water Services Regulation Authority

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     (1)    After section 1 of the Water Industry Act 1991 (c. 56) (in this Act referred to as

the “WIA”) there is inserted—

       “1A            Water Services Regulation Authority

           (1)           There shall be a body corporate to be known as the Water Services

Regulation Authority (in this Act referred to as “the Authority”) for the

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purpose of carrying out the functions conferred on or transferred to it

by this Act or under or by virtue of any other enactment.

           (2)           The functions of the Authority are performed on behalf of the Crown.

 

 

Water Bill [HL]
Part 2 — New regulatory arrangements, etc

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           (3)           Schedule 1A to this Act shall have effect with respect to the Authority.

           (4)           In Welsh the Authority may be known as “Awdurdod Rheoleiddio

Gwasanaethau Dˆwr”.”

     (2)    Schedule 1 (which inserts the new Schedule 1A into the WIA) is to have effect.

     (3)    The office of Director General of Water Services is abolished.

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     (4)    Section 1 of, and Schedule 1 to, the WIA (which make provision in relation to

the Director General of Water Services) shall cease to have effect.

 38    Consumer Council for Water

     (1)    After section 27 of the WIA there is inserted—

“The Consumer Council for Water

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       27A            Establishment of the Council and committees

           (1)           There shall be a body corporate to be known as the Consumer Council

for Water (in this Act referred to as “the Council”) for the purpose of

carrying out the functions of the Council under this Act.

           (2)           In Welsh the Council may be known as “Cyngor Defnyddwyr Dˆwr”.

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           (3)           The Council shall not be regarded as a servant or agent of the Crown or

as enjoying any status, immunity or privilege of the Crown.

           (4)           The Council shall establish such committees of the Council—

                  (a)                 as the Assembly may direct, for relevant undertakers whose

areas are wholly or mainly in Wales; and

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                  (b)                 as the Secretary of State may direct, for other relevant

undertakers.

           (5)           A direction under subsection (4) above may provide for the allocation

of each relevant undertaker to a committee specified in the direction.

           (6)           The power to give a direction under subsection (4) above may not be

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exercised after the end of the period of six months beginning with the

commencement of section 38 of the Water Act 2003.

           (7)           After the end of the period mentioned in subsection (6) above the

Council may (subject to paragraph 11 of Schedule 3A to this Act)—

                  (a)                 establish such committees for relevant undertakers as it

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considers appropriate; or

                  (b)                 alter the allocation of a relevant undertaker to a committee

established under this section.

           (8)           The Council shall ensure that each relevant undertaker is allocated to a

committee established under this section.

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           (9)           A committee established under this section is referred to in this Act as

a “regional committee”.

           (10)          The purposes of a regional committee shall be—

                  (a)                 the provision of advice and information to the Council on

consumer matters affecting the areas of the relevant

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undertakers allocated to that committee;

 

 

Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    41

 

                  (b)                 such other purposes as the Council may determine.

           (11)          The provisions of Schedule 3A to this Act (which makes further

provision about the Council and regional committees) shall have effect.

           (12)          In the exercise of its functions the Council shall have regard, where

relevant, to any benefits to consumers from the achievement of

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sustainable development.

           (13)          In this Chapter—

                                  “consumers” includes both existing and future consumers;

                                  “the interests of consumers” means the interests of consumers in

relation to—

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                        (a)                        the supply of water by means of a water undertaker’s

supply system to premises either by water undertakers

or licensed water suppliers acting in their capacity as

such; and

                        (b)                        the provision of sewerage services by sewerage

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undertakers; and

                                  “consumer matter” means any matter connected with the interests

of consumers.

       27B            Co-operation between Council and other authorities

           (1)           This section imposes duties on—

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                  (a)                 the Authority and the Council;

                  (b)                 the Council and the Secretary of State; and

                  (c)                 the Council and the Assembly.

           (2)           It shall be the duty of the bodies mentioned in each paragraph of

subsection (1) above to make arrangements with a view to securing—

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                  (a)                 co-operation and the exchange of information between them;

and

                  (b)                 the consistent treatment of matters which affect both of them.

           (3)           As soon as practicable after agreement is reached on any arrangements

required by this section, the parties shall prepare a memorandum

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setting them out.

           (4)           Arrangements under this section shall be kept under review by the

parties.

           (5)           As soon as practicable after agreement is reached on any changes to

arrangements under this section, the parties shall revise their

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memorandum.

           (6)           Parties to arrangements required by this section shall send a copy of

their memorandum, and any revised memorandum, to each other

person mentioned in subsection (1) above who is not a party to the

arrangements set out in the memorandum (or revised memorandum).

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           (7)           The Secretary of State shall lay a copy of every memorandum or revised

memorandum under this section before each House of Parliament.”

     (2)    Schedule 2 (which inserts the new Schedule 3A into the WIA) is to have effect.

     (3)    The customer service committees established under section 28(1) of the WIA

are abolished.

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Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    42

 

     (4)    Section 28 of, and Schedule 4 to, the WIA shall cease to have effect.

 39    Transfer to Authority and Council of functions, property etc

     (1)    The functions of the Director General of Water Services are transferred to the

Water Services Regulation Authority.

     (2)    Subject to any express amendment made by this Act, each reference to the

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Director General of Water Services (or to him as the Director) in the WIA

(however the reference is expressed) is to have effect as a reference to the Water

Services Regulation Authority (or, as the case may be, the Authority), and

accordingly in the WIA “he”, “him” and cognate expressions, in relation to the

Director General of Water Services, are to have effect as “it” (or the appropriate

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equivalent) in relation to the Water Services Regulation Authority.

     (3)    The Secretary of State may make one or more schemes (“transfer schemes”) for

the transfer of the property, rights and liabilities of the Director General of

Water Services to the Water Services Regulation Authority (referred to below

in this Part as “the Authority”) or to the Consumer Council for Water (referred

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to below in this Part as “the Council”).

     (4)    A transfer scheme may provide for the transfer to the Council of rights and

liabilities relating to persons employed in the civil service of the state.

     (5)    On the day appointed by a transfer scheme, the property, rights and liabilities

which are the subject of the scheme shall, by virtue of this subsection, be

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transferred in accordance with the provisions of the scheme.

     (6)    Schedule 3 is to have effect in relation to transfer schemes and transfers under

this section.

 40    Conditions relating to costs of water regulation

     (1)    In this section “payment conditions” means conditions included in an

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appointment under Chapter 1 of Part 2 of the WIA by virtue of section 11(1)(c)

of that Act.

     (2)    The payment conditions of such an appointment may (without prejudice to the

generality of section 11(1)(c)) require the payment by the company holding the

appointment of sums relating to any of the expenses mentioned in subsection

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(3).

     (3)    Those expenses are—

           (a)           the expenses of the Council, and

           (b)           the expenses of the Authority, the Secretary of State or the Assembly in

relation to the establishment of the Council.

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     (4)    The Authority may, in accordance with this section, modify any payment

conditions where it considers it necessary or expedient to do so in consequence

of, or of preparations for—

           (a)           the establishment of the Council, or

           (b)           the abolition of the customer service committees established under

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section 28(1) of the WIA.

     (5)    Where the Authority modifies under subsection (4) any payment conditions of

an appointment it may make such incidental or consequential modifications as

 

 

 
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