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(7) Before giving notice under subsection (5)(a) above 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. | |
(8) A notice under subsection (5)(a) above shall be given by serving a copy | 5 |
on— | |
(a) the Authority; | |
(b) the Council; | |
(c) every water undertaker to which the regulations will apply; | |
(d) persons or bodies appearing to the Secretary of State to be | 10 |
representative of persons likely to be affected by the | |
regulations; and | |
(e) such other persons or bodies as the Secretary of State may | |
consider appropriate.” | |
45 Standards of performance in relation to sewerage services | 15 |
(1) Section 96 of the WIA (procedure for making regulations relating to | |
performance standards in connection with sewerage services) is amended as | |
follows. | |
(2) Before subsection (1) there is inserted— | |
“(A1) The Secretary of State may make regulations under section 95 above— | 20 |
(a) on an application by the Authority, in accordance with | |
subsections (1) to (3) below; or | |
(b) otherwise than on such an application, in accordance with | |
subsections (4) to (8) below.” | |
(3) In subsection (1)— | 25 |
(a) for the words preceding paragraph (a), and paragraph (a), there is | |
substituted “Where the Authority has made to the Secretary of State a | |
written application complying with subsection (2) below, the Secretary | |
of State may make regulations under section 95 above if—”, | |
(b) in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, | 30 |
and after sub-paragraph (ii) there is inserted— | |
“(iii) on the Council; and | |
(iv) on such other persons or bodies as the Secretary | |
of State may consider appropriate;”, | |
(c) in paragraph (c)(ii), for “(b)(ii)” there is substituted “(b)”. | 35 |
(4) In subsection (2)— | |
(a) in paragraph (a), for “draft provisions proposed by the Director for | |
inclusion in” there is substituted “the Authority’s proposals for the | |
making of”, | |
(b) in paragraph (b), for “those provisions” there is substituted “the | 40 |
regulations”. | |
(5) In subsection (3)— | |
(a) for “under section 95 above” there is substituted “on an application by | |
the Authority under this section”, | |
(b) in paragraph (a), for “the provisions proposed by the Director in his | 45 |
application or those provisions” there is substituted “those which in the | |
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opinion of the Secretary of State give effect to the proposals set out in | |
the Authority’s application or to those proposals”, | |
(c) in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, | |
and after sub-paragraph (ii) there is inserted “and | |
(iii) to any person or body on whom a copy of the | 5 |
Authority’s application was served under | |
subsection (1)(b) above.” | |
(6) After subsection (3) there is added— | |
“(4) Where no such application as is mentioned in subsection (1) above has | |
been made, the Secretary of State may make regulations under section | 10 |
95 above only if he considers— | |
(a) that the regulations will contribute towards the attainment of | |
policies relating to public health or the environment; or | |
(b) (if he does not consider that they will so contribute) that there | |
are exceptional reasons why it is otherwise in the public interest | 15 |
that the regulations should be made. | |
(5) Before making regulations under section 95 above by virtue of | |
subsection (4) above, the Secretary of State shall— | |
(a) give notice of his proposals; | |
(b) consider the results of the research carried out in accordance | 20 |
with subsection (7) below; and | |
(c) consider every representation or objection with respect to the | |
proposals which has been duly made and not withdrawn. | |
(6) A notice under subsection (5)(a) above must— | |
(a) summarise the Secretary of State’s reasons for his proposals; | 25 |
(b) specify the sewerage undertaker or undertakers in relation to | |
which it is proposed the regulations should apply; and | |
(c) specify the period within which objections or representations | |
with respect to the proposals may be made. | |
(7) Before giving notice under subsection (5)(a) above the Secretary of State | 30 |
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. | |
(8) A notice under subsection (5)(a) above shall be given by serving a copy | |
on— | 35 |
(a) the Authority; | |
(b) the Council; | |
(c) every sewerage undertaker to which the regulations will apply; | |
(d) persons or bodies appearing to the Secretary of State to be | |
representative of persons likely to be affected by the | 40 |
regulations; and | |
(e) such other persons or bodies as the Secretary of State may | |
consider appropriate.” | |
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Functions of the Council | |
46 General functions of the Council | |
(1) After section 27B of the WIA (which is inserted by section 38) there is | |
inserted— | |
“General functions of the Council | 5 |
27C The interests of consumers | |
(1) In considering the interests of consumers, the Council shall have regard | |
to the interests of— | |
(a) individuals who are disabled or chronically sick; | |
(b) individuals of pensionable age; | 10 |
(c) individuals with low incomes; | |
(d) individuals residing in rural areas; and | |
(e) customers, of companies holding an appointment under | |
Chapter 1 of Part 2 of this Act, whose premises are not eligible | |
to be supplied by a licensed water supplier, | 15 |
but that is not to be taken as implying that regard may not be had to the | |
interests of other descriptions of consumer. | |
(2) For the purposes of subsection (1) above, premises are not eligible to be | |
supplied by a licensed water supplier if— | |
(a) they are household premises (as defined in section 17C above); | 20 |
or | |
(b) the total quantity of water estimated to be supplied to the | |
premises annually for the purposes of subsection (2) of section | |
17D above is less than the quantity specified in that subsection. | |
27D Acquisition and review of information | 25 |
The Council shall have the function of obtaining and keeping under | |
review— | |
(a) information about consumer matters (including matters | |
affecting consumers in different areas); and | |
(b) information about the views of consumers on such matters | 30 |
(including the views of consumers in different areas). | |
27E Provision of advice and information to public authorities | |
(1) The Council shall have the function of— | |
(a) making proposals, or providing advice and information, about | |
consumer matters (including matters affecting consumers in | 35 |
different areas); and | |
(b) representing the views of consumers on such matters (including | |
the views of consumers in different areas), | |
to public authorities, companies holding an appointment under | |
Chapter 1 of this Part, licensed water suppliers and other persons | 40 |
whose activities may affect the interests of consumers. | |
(2) Subject to subsection (7) 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 | |
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function under this section unless one or more of paragraphs (a) to (c) | |
of subsection (3) below applies to the information. | |
(3) Information relating to a particular individual or body may be | |
disclosed if— | |
(a) the individual or body has consented to the disclosure; | 5 |
(b) it is information that is available to the public from some other | |
source; or | |
(c) it is not information the disclosure of which would or might, in | |
the opinion of the Council, seriously and prejudicially affect the | |
interests of the individual or body. | 10 |
(4) Before deciding to disclose any information relating to a particular | |
individual or body in pursuance of subsection (3)(c) above, the Council | |
shall— | |
(a) consult that individual or body; and | |
(b) have regard to any opinion expressed by the Authority as to the | 15 |
application of subsection (3)(c) above to the information or as to | |
the desirability or otherwise of its disclosure; | |
and paragraph (b) applies whether the opinion is given in relation to | |
the information itself or to information of a description which applies | |
to that information. | 20 |
(5) Subject to subsection (7) below, the Council shall not in the exercise of | |
its function under this section disclose any information which it | |
considers relates to any matter which is, or is likely to be, the subject of | |
criminal proceedings. | |
(6) In considering whether information relates to any matter as mentioned | 25 |
in subsection (5) above, the Council shall have regard to any opinion | |
expressed (whether in relation to the information itself or to | |
information of a description which applies to that information) by the | |
Secretary of State, the Assembly or the Director of Public Prosecutions. | |
(7) Subsections (2) to (5) above do not apply to a disclosure of information | 30 |
which is made to the Authority, the Secretary of State, the Assembly, | |
the Competition Commission or any other public authority. | |
(8) The disclosure by the Council of information in the exercise of its | |
function under this section does not contravene section 206 below | |
(restriction on disclosure of information). | 35 |
27F Provision of information to consumers | |
(1) The Council has the function of providing information to consumers | |
about consumer matters in such form as appears to the Council to be | |
most useful to the recipients. | |
(2) That function may be exercised by— | 40 |
(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 | |
(b) furnishing information to any consumer (whether in response | |
to a request or otherwise). | 45 |
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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. | |
(4) The Council shall maintain at least one office in each of England and | |
Wales at which consumers may apply for information. | 5 |
27G Power to publish information and advice about consumer matters | |
(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 | 10 |
manner as it thinks fit. | |
(2) Information which relates to the affairs of any particular individual or | |
body of persons (corporate or unincorporate) shall not be published 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 | 15 |
information. | |
(3) Information relating to a particular individual or body may be | |
published if— | |
(a) the individual or body has consented to the publication; | |
(b) it is information that is available to the public from some other | 20 |
source; or | |
(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 the individual or body. | |
(4) Before deciding to publish any information relating to a particular | 25 |
individual or body in pursuance of subsection (3)(c) above, the Council | |
shall— | |
(a) consult that individual or body; and | |
(b) have regard to any opinion expressed by the Authority as to the | |
application of subsection (3)(c) above to the information or as to | 30 |
the desirability or otherwise of its publication, | |
and paragraph (b) applies whether the opinion is given in relation to | |
the information itself or to information of a description which applies | |
to that information. | |
(5) The Council shall not in the exercise of its function under this section | 35 |
publish any information which it considers relates to any matter which | |
is, or is likely to be, the subject of criminal proceedings. | |
(6) In considering whether information relates to any matter as mentioned | |
in subsection (5) above, the Council shall have regard to any opinion | |
expressed (whether in relation to the information itself or to | 40 |
information of a description which applies to that information) by the | |
Secretary of State, the Assembly or the Director of Public Prosecutions. | |
(7) The publication of information under this section does not contravene | |
section 206 below (restriction on disclosure of information).” | |
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(2) Before section 30A of the WIA there is inserted— | |
“Further functions of Authority | |
30ZA Duty to consult Council | |
(1) It shall be the duty of the Authority to consult the Council in relation to | |
the exercise of each of its functions, except where— | 5 |
(a) the Council has indicated to the Authority (whether specifically | |
or generally) that it does not wish to be consulted; or | |
(b) the Authority considers that it would be clearly inappropriate | |
to consult the Council. | |
(2) That duty is in addition to any duty on the Authority to consult the | 10 |
Council which is provided for elsewhere. | |
30ZB Copies of notices | |
Where the Authority is required by any provision of this Act to publish | |
a notice or any other document, it shall send a copy of the document to | |
the Council.” | 15 |
47 Provision of information to the Council | |
After section 27G of the WIA (which is inserted by section 46) there is | |
inserted— | |
“27H Provision of information to the Council | |
(1) The Council may direct— | 20 |
(a) the Authority; | |
(b) a company holding an appointment under Chapter 1 of this | |
Part; or | |
(c) a licensed water supplier, | |
to supply to it, in such form as it may reasonably specify, such | 25 |
information specified or described in the direction as it may require for | |
the purpose of exercising its functions. | |
(2) A body to whom a direction under this section is given shall, if the | |
information specified or described in the direction is in its possession, | |
comply with the direction as soon as reasonably practicable. | 30 |
(3) Before giving a direction 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 the body to whom the direction is given. | |
(4) If a body to whom a direction under this section is given fails to comply | 35 |
with the direction it shall, if so required by the Council, give notice to | |
the Council of the reasons for its failure. | |
27I Publication of notice of reasons | |
(1) Subject to the following provisions of this section, the Council may | |
publish a notice given to it under section 27H(4) above. | 40 |
(2) Information which relates to the affairs of any particular individual or | |
body of persons (corporate or unincorporate) shall not be published | |
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under subsection (1) above unless one or more of paragraphs (a) to (c) | |
of subsection (3) below applies to the information. | |
(3) Information relating to a particular individual or body may be | |
published if— | |
(a) that individual or body has consented to the publication; | 5 |
(b) it is information that is available to the public from some other | |
source; or | |
(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 the individual or body. | 10 |
(4) Before deciding to publish any information relating to a particular | |
individual or body in pursuance of subsection (3)(c) above, the Council | |
shall— | |
(a) consult that individual or body; and | |
(b) have regard to any opinion expressed by the Authority as to the | 15 |
application of subsection (3)(c) above to the information or as to | |
the desirability or otherwise of its publication; | |
and paragraph (b) applies whether the opinion is given in relation to | |
the information itself or to information of a description which applies | |
to that information. | 20 |
(5) The Council shall not in the exercise of its function under this section | |
publish any information which it considers relates to any matter which | |
is, or is likely to be, the subject of criminal proceedings. | |
(6) In considering whether information relates to any matter as mentioned | |
in subsection (5) above, the Council shall have regard to any opinion | 25 |
expressed (whether in relation to the information itself or to | |
information of a description which applies to that information) by the | |
Secretary of State, the Assembly or the Director of Public Prosecutions. | |
(7) The publication by the Council of information under this section does | |
not contravene section 206 below (restriction on disclosure of | 30 |
information). | |
27J Provision of information by the Council | |
(1) Any of— | |
(a) the Authority; | |
(b) the Secretary of State; or | 35 |
(c) the Assembly, | |
may direct the Council to supply to him or it, in such form as he or it | |
may reasonably specify, such information specified or described in the | |
direction as he or it may require for the purpose of exercising his or its | |
functions. | 40 |
(2) The Council shall, if the information specified or described in the | |
direction is in its possession, comply with a direction under this section | |
as soon as reasonably practicable. | |
(3) Where the Council fails to comply with a direction given under | |
subsection (1) above it must give to the person who gave the direction | 45 |
notice of its reason for the failure, and that person may publish that | |
notice in such manner as he considers appropriate. | |
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