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Schedules | |
Schedule 1 | |
Section 34(2) | |
The Water Services Regulation Authority | |
After Schedule 1 to the WIA there is inserted— | |
“Schedule 1A | 5 |
Section 1A(3) | |
The Water Services Regulation Authority | |
Membership | |
1 (1) The Authority shall consist of a chairman, and at least two other | |
members, appointed by the Secretary of State. | |
(2) The Secretary of State shall consult— | 10 |
(a) the Assembly, before appointing any member; and | |
(b) the chairman, before appointing any other member. | |
Terms of appointment, remuneration, pensions etc | |
2 (1) Subject to this Schedule, the chairman and other members of the | |
Authority shall hold and vacate office as such in accordance with | 15 |
the terms of their respective appointments. | |
(2) Their terms of appointment shall be determined by the Secretary | |
of State. | |
3 (1) An appointment of a person to hold office as chairman or as one | |
of the other members of the Authority shall be for a term not | 20 |
exceeding five years. | |
(2) A person holding office as chairman or other member— | |
(a) may resign that office by giving notice in writing to the | |
Secretary of State; and | |
(b) may be removed from office by the Secretary of State on | 25 |
the ground of incapacity or misbehaviour. | |
(3) The Secretary of State shall consult the Assembly before removing | |
from office a person holding office as chairman or other member. | |
(4) A previous appointment as chairman or other member does not | |
affect a person’s eligibility for appointment to either office. | 30 |
4 (1) The Authority shall pay to its chairman and its other members | |
such remuneration, and such travelling and other allowances, as | |
may be determined by the Secretary of State. | |
(2) The Authority shall, if required to do so by the Secretary of State— | |
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(a) pay such pension, allowances or gratuities as may be | |
determined by the Secretary of State to or in respect of a | |
person who is or has been the chairman or a member of the | |
Authority; or | |
(b) make such payments as may be so determined towards | 5 |
provision for the payment of a pension, allowances or | |
gratuities to or in respect of such a person. | |
(3) If the Secretary of State determines that there are special | |
circumstances which make it right for a person ceasing to hold | |
office as chairman or other member of the Authority to receive | 10 |
compensation, the Authority shall pay to him a sum by way of | |
compensation of such amount as may be determined by the | |
Secretary of State. | |
Staff | |
5 The Authority may, with the approval of the Minister for the Civil | 15 |
Service as to numbers and terms and conditions of service, | |
appoint such staff as it may determine. | |
Committees | |
6 (1) The Authority may establish committees and any committee of the | |
Authority may establish sub-committees. | 20 |
(2) The members of a committee of the Authority may include | |
persons who are not members of the Authority (and the members | |
of a sub-committee may include persons who are not members of | |
the committee or the Authority). | |
Proceedings etc | 25 |
7 (1) The Authority may regulate its own procedure. | |
(2) The validity of anything done by the Authority is not affected by | |
a vacancy among its members or by a defect in the appointment of | |
a member. | |
8 A document purporting to be duly executed under the seal of the | 30 |
Authority, or signed on its behalf, shall be received in evidence | |
and, unless the contrary is proved, shall be taken to be so executed | |
or signed. | |
Code of Practice | |
9 (1) The Authority shall prepare, and may revise, a code of practice | 35 |
governing the discharge by it of its functions. | |
(2) The Authority shall, in exercising its functions, have regard to the | |
provisions of the code. | |
(3) In preparing or revising the code, the Authority shall consult— | |
(a) the Secretary of State; | 40 |
(b) the Assembly; | |
(c) the Environment Agency; | |
(d) the Council; | |
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(e) relevant undertakers; | |
(f) licensed water suppliers; and | |
(g) such other persons as the Authority considers appropriate. | |
(4) The Authority shall publish in such manner as it considers | |
appropriate the code as for the time being in force. | 5 |
Performance of functions | |
10 (1) Anything authorised or required to be done by the Authority may | |
be done by— | |
(a) any member or employee of the Authority who is | |
authorised for that purpose by the Authority, whether | 10 |
generally or specially; | |
(b) any committee of the Authority which has been so | |
authorised. | |
(2) The Authority may not so authorise a committee whose members | |
include any person who is not a member or employee of the | 15 |
Authority. | |
Payments to the Authority | |
11 The Secretary of State shall make payments out of money | |
provided by Parliament to the Authority of such amounts, at such | |
times and on such conditions (if any) as he considers appropriate. | 20 |
Supplementary powers | |
12 (1) The Authority has power to do anything which is calculated to | |
facilitate, or is conducive or incidental to, the performance of its | |
functions. | |
(2) That power includes the formation of advisory bodies.” | 25 |
Schedule 2 | |
Section 35(2) | |
The Consumer Council for Water | |
After Schedule 3 to the WIA there is inserted— | |
“Schedule 3A | |
Section 27A(11) | |
The Consumer Council for Water | 30 |
Membership of Council | |
1 (1) The Council shall consist of— | |
(a) a chairman appointed by the Secretary of State; | |
(b) one other member appointed by the Assembly; and | |
(c) such other members as may be appointed by the Secretary | 35 |
of State. | |
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(2) The Secretary of State shall consult the Assembly before | |
appointing the chairman. | |
(3) The Secretary of State and the Assembly shall consult the | |
chairman before appointing any other member. | |
(4) An appointment under this paragraph shall be for a term not | 5 |
exceeding five years. | |
(5) In appointing persons under this paragraph the Secretary of State | |
and the Assembly shall have regard to the desirability of including | |
among the members one or more persons who— | |
(a) have experience of work among, and the special needs of, | 10 |
disabled persons; or | |
(b) have or have had a disability. | |
2 (1) A person holding office as chairman or other member may resign | |
that office by giving notice to the Secretary of State (in the case of | |
a member appointed by him), or to the Assembly (in the case of a | 15 |
member appointed by the Assembly). | |
(2) The Secretary of State may remove any person appointed by him | |
from office as chairman or other member on the ground of | |
incapacity or misbehaviour. | |
(3) The Secretary of State shall consult the Assembly before removing | 20 |
any person appointed by him as chairman. | |
(4) The Assembly may remove any person appointed by it from office | |
as member on the ground of incapacity or misbehaviour. | |
(5) Otherwise, the chairman and other members shall hold and vacate | |
office as such in accordance with the terms of their respective | 25 |
appointments. | |
(6) A previous appointment as chairman or other member does not | |
affect a person’s eligibility for appointment to either office. | |
Terms of appointment, remuneration, pensions etc | |
3 The Council shall pay to the chairman and other members of the | 30 |
Council such remuneration, and such travelling and other | |
allowances, as the Secretary of State may determine. | |
4 (1) If the Secretary of State so determines in the case of any holder of | |
the office of chairman or other member, the Council shall pay— | |
(a) such pension, allowance or gratuity to or in respect of him, | 35 |
or | |
(b) such contributions or payments towards provision for | |
such a pension, allowance or gratuity, | |
as the Secretary of State may determine. | |
(2) If, when any person ceases to hold office as chairman or other | 40 |
member, the Secretary of State determines that there are special | |
circumstances which make it right that he should receive | |
compensation, the Council shall pay to him a sum by way of | |
compensation of such amount as may be determined by the | |
Secretary of State. | 45 |
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Members appointed by Assembly | |
5 In relation to any member of the Council appointed by the | |
Assembly, the matters mentioned in paragraphs 3 and 4 above | |
shall be determined by the Assembly instead of by the Secretary of | |
State. | 5 |
Staff | |
6 (1) The Council shall, with the approval of the Secretary of State, | |
appoint a principal officer on such terms of employment as it may, | |
with that approval, determine. | |
(2) The Council may, with the approval of the Secretary of State as to | 10 |
numbers and terms of employment, appoint such other employees | |
as it may determine. | |
(3) The persons to whom section 1 of the Superannuation Act 1972 | |
(persons to or in respect of whom benefits may be provided by | |
schemes under that section) applies shall include employees of the | 15 |
Council. | |
(4) The Council shall pay to the Minister for the Civil Service, at such | |
times as he may direct, such sums as he may determine in respect | |
of any increase attributable to sub-paragraph (3) above in the | |
sums payable out of money provided by Parliament under the | 20 |
Superannuation Act 1972. | |
Annual reports | |
7 (1) As soon as practicable after the end of each financial year the | |
Council shall report to the Secretary of State on its activities during | |
the year. | 25 |
(2) The annual report for each year shall include a report on the | |
progress of the projects described in the Council’s forward work | |
programme for that year. | |
(3) In making any report under this paragraph the Council shall not | |
include any information which relates to the affairs of a particular | 30 |
individual or body of persons (corporate or unincorporate) unless | |
one or more of paragraphs (a) to (c) of sub-paragraph (4) below | |
applies to the information. | |
(4) Information relating to a particular individual or body may be | |
included in the report if— | 35 |
(a) that individual or body has consented to its inclusion; | |
(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 | 40 |
prejudicially affect the interests of that individual or body. | |
(5) Before deciding to include any information relating to a particular | |
individual or body in pursuance of sub-paragraph (4)(c) above, | |
the Council shall— | |
(a) consult that person or body; and | 45 |
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(b) have regard to any opinion expressed by the Authority as | |
to the application of sub-paragraph (4)(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 | 5 |
to information itself or to information of a description which | |
applies to that information. | |
(6) In making any report under this paragraph the Council shall not | |
include any information which it considers relates to any matter | |
which is, or is likely to be, the subject of criminal proceedings. | 10 |
(7) In considering whether information relates to any matter as | |
mentioned in sub-paragraph (6) 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 | 15 |
Director of Public Prosecutions. | |
(8) The Secretary of State shall lay a copy of each annual report of the | |
Council before each House of Parliament. | |
(9) The Council shall send a copy of each annual report to the | |
Authority and the Assembly and shall arrange for the report to be | 20 |
published in such further manner as it considers appropriate. | |
Financial provisions and accounts | |
8 (1) It shall be the duty of the Council to comply with any notice given | |
by the Secretary of State requiring it to perform duties of a | |
financial nature specified in the notice. | 25 |
(2) The Secretary of State shall consult the Assembly before giving | |
any notice to the Council under sub-paragraph (1) above. | |
9 (1) The Council shall prepare, in respect of each financial year, a | |
statement of accounts giving a true and fair view of the state of | |
affairs and the income and expenditure of the Council. | 30 |
(2) The statement of accounts shall comply with any requirement | |
which the Secretary of State has notified to the Council. | |
(3) The Council shall, within such period after the end of the financial | |
year to which it relates as the Secretary of State may specify by | |
notice given to the Council, send copies of each statement of | 35 |
accounts of the Council to— | |
(a) the Secretary of State and the Assembly; and | |
(b) the Comptroller and Auditor General. | |
(4) The Comptroller and Auditor General shall— | |
(a) examine, certify and report on every statement sent to him | 40 |
under sub-paragraph (3) above; and | |
(b) lay a copy of the statement and of his report before each | |
House of Parliament. | |
10 The Secretary of State and the Assembly shall pay to the Council | |
such sums as he or it thinks fit to enable it to meet its expenses. | 45 |
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Regional committees | |
11 (1) The Council shall not establish or abolish a regional committee, or | |
alter the allocation of a relevant undertaker to a regional | |
committee, without the approval of the appropriate authority. | |
(2) If the Council proposes to do anything mentioned in sub- | 5 |
paragraph (1) above it shall, after consulting the appropriate | |
authority, give notice— | |
(a) describing its proposals; and | |
(b) specifying the time from the date of the notice (not being | |
less than two months) within which representations may | 10 |
be made with respect to the proposals; | |
and shall consider any representations that are duly made and not | |
withdrawn. | |
(3) A notice under sub-paragraph (2) above shall be given by | |
publishing it in such manner as the Council considers appropriate | 15 |
for bringing the proposals to the attention of those likely to be | |
affected. | |
(4) An appropriate authority shall not give its approval under sub- | |
paragraph (1) above until after the time specified in the notice | |
under sub-paragraph (2) above. | 20 |
12 (1) A regional committee of the Council shall consist of— | |
(a) a chairman appointed by the appropriate authority; | |
(b) such other members as the Council may appoint. | |
(2) Any regional committee may establish sub-committees. | |
(3) The members of a regional committee of the Council may include | 25 |
persons who are not members of the Council (and the members of | |
a sub-committee of the committee may include persons who are | |
not members of the committee or the Council). | |
(4) In appointing members of a regional committee the Council shall | |
take account of any guidance given to them by the appropriate | 30 |
authority. | |
(5) The Council may pay to the chairman and other members of a | |
regional committee, or a sub-committee, such remuneration, and | |
such travelling and other allowances, as the appropriate authority | |
may determine. | 35 |
13 (1) If the appropriate authority so determines in the case of any holder | |
of the office of chairman or other member of a regional committee, | |
or of any sub-committee of a regional committee, the Council shall | |
pay— | |
(a) such pension, allowance or gratuity to or in respect of him; | 40 |
or | |
(b) such contributions or payments towards provision for | |
such a pension, allowance or gratuity, | |
as the appropriate authority may determine. | |
(2) If, when any person ceases to hold office as chairman or other | 45 |
member of a regional committee, the appropriate authority | |
determines that there are special circumstances which make it | |
right that he should receive compensation, the Council shall pay | |
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