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to him a sum by way of compensation of such amount as may be | |
determined by the appropriate authority. | |
14 In paragraphs 11 to 13 above the “appropriate authority” means— | |
(a) the Assembly, in relation to committees established (or | |
proposed to be established) for relevant undertakers | 5 |
whose areas are wholly or mainly in Wales, to sub- | |
committees of those committees, and to any relevant | |
undertaker whose area is wholly or mainly in Wales; | |
(b) the Secretary of State, in relation to committees established | |
(or proposed to be established) for other relevant | 10 |
undertakers, to sub-committees of those committees, and | |
to any other relevant undertaker. | |
Other committees | |
15 (1) The Council may establish committees other than regional | |
committees and any such committee may establish sub- | 15 |
committees. | |
(2) The members of any such committee may include persons who are | |
not members of the Council (and the members of a sub-committee | |
may include persons who are not members of the relevant | |
committee or the Council). | 20 |
(3) The Council may pay to the chairman and other members of any | |
such committee, or of a sub-committee, such remuneration, and | |
such travelling and other allowances, as the Secretary of State may | |
determine. | |
16 (1) If the Secretary of State so determines in the case of any holder of | 25 |
the office of chairman or other member of any such committee, or | |
of any sub-committee of such a committee, the Council shall pay— | |
(a) such pension, allowance or gratuity to or in respect of him; | |
or | |
(b) such contributions or payments towards provision for | 30 |
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 | |
member of any such committee, or of any sub-committee of such | |
a committee, the Secretary of State determines that there are | 35 |
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. | |
Performance of functions of the Council | 40 |
17 Anything authorised or required to be done by the Council may be | |
done by any member or employee of the Council who, or any | |
regional or other committee of the Council which, is authorised for | |
the purpose by the Council (whether generally or specially). | |
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18 The validity of anything done by the Council is not affected by a | |
vacancy among its members or by a defect in the appointment of | |
a member. | |
Supplementary powers | |
19 (1) The Council shall have power to do anything which is calculated | 5 |
to facilitate, or is incidental or conducive to, the performance of | |
any of its functions. | |
(2) That power includes, among other things, power to enter into | |
agreements and to acquire and dispose of property. | |
(3) The Council may make charges for facilities or services provided | 10 |
by it at the request of any person. | |
First financial year of the Council | |
20 (1) If the period beginning with the day on which the Council is | |
established and ending with the next 31st March is six months or | |
more, the first financial year of the Council is that period. | 15 |
(2) If the period mentioned in sub-paragraph (1) above is less than six | |
months, the first financial year of the Council is the period | |
beginning with the day on which the body is established and | |
ending with 31st March in the following year. | |
Compensation for members of customer service committees | 20 |
21 The Authority may pay to any person who immediately before the | |
abolition by the Water Act 2003 of a customer service committee | |
established under section 28(1) of this Act is the chairman of that | |
body such sums by way of compensation for loss of office, or loss | |
or diminution of pension rights, as the Secretary of State may | 25 |
determine.” | |
Schedule 3 | |
Section 36(6) | |
Further provisions about transfers of functions, property etc | |
Preliminary | |
1 In this Schedule— | 30 |
“transfer” means— | |
(a) a transfer of functions under section 36 to the Authority; or | |
(b) a transfer of property, rights and liabilities to the Authority or | |
to the Council under section 36; and | |
“transfer scheme” means a transfer scheme under section 36. | 35 |
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Contents of transfer schemes | |
2 (1) The property, rights and liabilities which may be transferred by a transfer | |
scheme include property, rights and liabilities that would not otherwise be | |
capable of being transferred or assigned. | |
(2) The transfers authorised by sub-paragraph (1) include transfers which are to | 5 |
take effect as if there were no such contravention, liability or interference | |
with any interest or right as there would otherwise be by reason of any | |
provision having effect (whether under any enactment or agreement or | |
otherwise) in relation to the terms on which the transferor is entitled to the | |
property or right, or subject to the liability, in question. | 10 |
3 A transfer scheme may define the property, rights and liabilities to be | |
transferred by specifying them or describing them or by referring to all (or | |
all except anything specified or described) of the property, rights and | |
liabilities comprised in a specified part of the undertaking of the transferor | |
(or partly in one way and partly in the other). | 15 |
4 A transfer scheme may include such supplementary, incidental, transitional | |
and consequential provision as the Secretary of State considers appropriate. | |
Modification of transfer scheme after appointed day | |
5 (1) If, after the day appointed by a transfer scheme, the transferor and transferee | |
so agree in writing, the scheme shall for all purposes be deemed to have | 20 |
come into force on that day with such modifications as may be agreed. | |
(2) An agreement under this paragraph may, in connection with giving effect to | |
modifications to the scheme, include incidental, supplemental, | |
consequential and transitional provision. | |
(3) In this paragraph, “modifications” includes additions, alterations and | 25 |
omissions. | |
Effect of transfers | |
6 (1) Anything done by the transferor for the purpose of or in connection with | |
anything transferred which is in effect immediately before it is transferred | |
shall be treated as if done by the transferee. | 30 |
(2) A transfer does not affect the validity of anything done by or in relation to | |
the transferor before the transfer takes effect. | |
7 There may be continued by or in relation to the transferee anything | |
(including legal proceedings) relating to anything transferred which is in the | |
process of being done by or in relation to the transferor immediately before | 35 |
it is transferred. | |
8 The transferee shall be substituted for the transferor in any document | |
relating to anything transferred. | |
Continuity of employment, etc of transferred employees | |
9 Where a person employed in the civil service of the state becomes an | 40 |
employee of the Council under a transfer scheme, his period of employment | |
in that service counts as a period of employment with the Council for the | |
purposes of the Employment Rights Act 1996 (c. 18) (and the change of | |
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employer does not break the continuity of the period of employment for | |
those purposes). | |
Schedule 4 | |
Section 56 | |
Licensing of water suppliers | |
1 The WIA is amended as follows. | 5 |
2 After Chapter 1 of Part 2 of the WIA there is inserted— | |
“Chapter 1A | |
Licensing of water suppliers | |
Granting of licences | |
17A Licensing of water suppliers | 10 |
(1) Subject to the following provisions of this Chapter— | |
(a) the Secretary of State; or | |
(b) with the consent of or in accordance with a general | |
authorisation given by the Secretary of State (after consulting | |
the Assembly), the Authority, | 15 |
may grant to a company a licence (a “water supply licence”) giving it | |
the retail authorisation referred to in subsection (2) below, or both | |
that and the supplementary authorisation referred to in subsection | |
(5) below. | |
(2) The retail authorisation is an authorisation to the company to use a | 20 |
water undertaker’s supply system for the purpose of supplying | |
water to the premises of customers of the company (subject to | |
subsection (3) below) in accordance with Chapter 2A of Part 3 of this | |
Act. | |
(3) The following requirements must be satisfied in relation to each of | 25 |
the premises supplied by the company— | |
(a) the requirement that the premises are not household | |
premises (as defined in section 17C below); | |
(b) the threshold requirement (construed in accordance with | |
section 17D below); and | 30 |
(c) the requirement that the premises are not being supplied | |
with water by another company pursuant to a water supply | |
licence, | |
and those requirements shall be enforceable under section 18 below | |
by the Authority. | 35 |
(4) A water supply licence which gives a company only the retail | |
authorisation is referred to in this Chapter as a “retail licence”. | |
(5) The supplementary authorisation is an authorisation to the company | |
to introduce water into a water undertaker’s supply system, by | |
means of which any particular supply of water in accordance with | 40 |
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the retail authorisation is to take place, in connection with that | |
supply and in accordance with Chapter 2A of Part 3 of this Act. | |
(6) A water supply licence which gives a company also the | |
supplementary authorisation is referred to in this Chapter as a | |
“combined licence”. | 5 |
(7) Before granting a combined licence— | |
(a) the Secretary of State shall consult the Assembly; and | |
(b) the Authority shall consult the Secretary of State and the | |
Assembly. | |
(8) A water supply licence shall not be granted to a company unless— | 10 |
(a) it is a limited company; and | |
(b) it is not a relevant undertaker. | |
(9) The Authority may, with the approval of the Secretary of State, issue | |
guidance as to the factors which are, or are not, to be taken into | |
account in determining the extent of any premises for the purposes | 15 |
of subsection (3) above. | |
(10) Before giving his approval to any guidance issued under subsection | |
(9) above, the Secretary of State shall consult the Assembly. | |
17B Section 17A: supplementary | |
(1) The Authority shall publish guidance issued under section 17A(9) | 20 |
above in such manner as the Authority considers appropriate for the | |
purpose of bringing it to the attention of persons likely to be affected | |
by it. | |
(2) The Authority may, with the approval of the Secretary of State, revise | |
the guidance so issued. | 25 |
(3) Before giving his approval to guidance revised under subsection (2) | |
above, the Secretary of State shall consult the Assembly. | |
(4) Subsection (1) above applies to guidance revised under subsection | |
(2) above as it applies to guidance issued under section 17A(9) above. | |
(5) In this Chapter, references to the supply system of a water | 30 |
undertaker are to the system comprising the following— | |
(a) any water mains and other pipes which it is the water | |
undertaker’s duty to develop and maintain by virtue of | |
section 37 below and which are used for the purpose of | |
conveying water from the undertaker’s treatment works to | 35 |
the premises of customers; and | |
(b) any water mains and other pipes which— | |
(i) are used by the undertaker for the purpose of | |
conveying non-domestic water from any of its | |
sources to the premises of customers; and | 40 |
(ii) are not connected to any water mains or pipes falling | |
within paragraph (a) above or to any water mains or | |
other pipes connected to the treatment works | |
mentioned in that paragraph (whether directly or | |
indirectly), | 45 |
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and in sub-paragraph (i) above the reference to non-domestic | |
water is to water supplied other than for domestic or food | |
production purposes. | |
(6) In subsection (5)(a) above, the reference to treatment works is a | |
reference to the works designated from time to time by the Secretary | 5 |
of State as treatment works for the purposes of this subsection. | |
(7) Before designating any works for the purposes of subsection (6) | |
above, the Secretary of State shall consult the Assembly. | |
(8) A list of any works designated for the purposes of subsection (6) | |
above shall be published from time to time by the Secretary of State | 10 |
in such manner as he considers appropriate for the purpose of | |
bringing the designations to the attention of persons likely to be | |
affected by them. | |
(9) References in this Act to a licensed water supplier are references to a | |
company which is the holder for the time being of a water supply | 15 |
licence. | |
17C Meaning of household premises | |
(1) For the purposes of section 17A(3)(a) above, “household premises” | |
means premises in which, or in any part of which, a person has his | |
home. | 20 |
(2) The fact that a person has his home in, or in part of, any premises | |
does not mean that the premises are household premises unless the | |
principal use of the premises is as a home. | |
(3) The Secretary of State may by regulations make provision as to— | |
(a) the circumstances in which a person is or is not to be treated | 25 |
as having his home in, or in part of, any premises for the | |
purposes of this section; and | |
(b) the factors which are, or are not, to be taken into account in | |
determining the principal use of any premises for those | |
purposes. | 30 |
(4) The power to make regulations under subsection (3) above is | |
exercisable by the Assembly (and not by the Secretary of State) in | |
relation to premises supplied with water using the supply system of | |
a water undertaker whose area is wholly or mainly in Wales. | |
17D The threshold requirement | 35 |
(1) This section applies for the purpose of construing the reference to the | |
threshold requirement in section 17A(3)(b) above in relation to the | |
supply of water to any premises. | |
(2) The requirement is that, at the time when the licensed water supplier | |
first enters into an undertaking with a customer to give the supply, | 40 |
the total quantity of water estimated to be supplied to the premises | |
annually pursuant to the undertaking is not less than 50 megalitres. | |
(3) Any estimate of the quantity of water to be supplied to any premises | |
for the purposes of subsection (2) above shall be made in accordance | |
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with guidance issued by the Authority with the approval of the | |
Secretary of State. | |
(4) Any guidance issued under subsection (3) above may, in | |
particular— | |
(a) specify— | 5 |
(i) the factors to be, and not to be, taken into account; | |
(ii) the assumptions to be made; and | |
(iii) the method of calculation to be employed, | |
in making estimates; and | |
(b) make provision as to the commencement of the annual | 10 |
periods by reference to which estimates are to be made. | |
(5) Before giving his approval to any guidance issued under that | |
subsection, the Secretary of State shall consult the Assembly. | |
(6) Subsections (1) to (4) of section 17B above apply to guidance issued | |
under subsection (3) above as they apply to guidance issued under | 15 |
section 17A(9) above. | |
(7) The Secretary of State may make provision by regulations as to the | |
circumstances in which a licensed water supplier is not, for the | |
purposes of subsection (2) above, to be treated as entering into an | |
undertaking with a new customer to give a supply of water to any | 20 |
premises (subject to subsection (12) below). | |
(8) The Secretary of State may by regulations amend subsection (2) | |
above by substituting, for the quantity of water for the time being | |
specified there, a different quantity of water (subject to subsection | |
(12) below). | 25 |
(9) Regulations under subsection (8) above— | |
(a) shall include provision for the amendment made by the | |
regulations not to apply in relation to any undertaking | |
entered into before the date on which the regulations come | |
into force; and | 30 |
(b) may include provision for that amendment not to apply in | |
relation to any undertaking which is proposed, but not | |
entered into, before that date. | |
(10) A statutory instrument containing regulations under subsection (8) | |
above shall not be made unless a draft of the instrument has been | 35 |
laid before, and approved by a resolution of, each House of | |
Parliament. | |
(11) Before making regulations under subsection (8) above, the Secretary | |
of State shall consult— | |
(a) the Authority; and | 40 |
(b) such other persons (if any) as the Secretary of State thinks it | |
appropriate to consult. | |
(12) The powers to make regulations under subsections (7) and (8) above | |
are exercisable by the Assembly (and not by the Secretary of State) in | |
relation to premises supplied with water using the supply system of | 45 |
a water undertaker whose area is wholly or mainly in Wales. | |
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