|
| |
| |
authority, harbour authority or conservancy authority, the | |
Secretary of State for Transport; | |
(f) any person authorised by a licence under Part 1 of the | |
Electricity Act 1989 to generate electricity who is (in that | |
capacity) the holder of a licence to abstract water under | 5 |
Chapter 2 of Part 2 of this Act from— | |
(i) any relevant source of supply; or | |
(ii) any related inland waters; | |
(g) English Nature, if the area to which the order relates is or | |
includes England, or part of it; | 10 |
(h) the Countryside Council for Wales, if the area to which the | |
order relates is or includes Wales, or part of it; and | |
(i) the Broads Authority (established under the Norfolk and | |
Suffolk Broads Act 1988), if the area to which the order | |
relates is or includes the Broads (as defined in that Act), or | 15 |
part of it. | |
(5) Where an application for an order is made, the Agency shall also | |
publish a notice in the London Gazette— | |
(a) stating that the draft order has been submitted to the | |
Secretary of State; | 20 |
(b) naming the areas of each of the authorities or boards in | |
respect of which a copy of the notice is required to be | |
served under sub-paragraph (4)(a) above; | |
(c) specifying a place where a copy of the draft order and of | |
any relevant map or plan may be inspected; and | 25 |
(d) where the notice required by sub-paragraph (2) above is | |
published in a newspaper, giving the name of the | |
newspaper and the date of an issue containing the notice. | |
(6) In this paragraph— | |
(a) where a draft order makes provision generally (rather than | 30 |
for a specified geographical area), references to the area to | |
which the order relates are to the whole area (whether | |
England, Wales or both of them) in relation to which the | |
order is applied; | |
(b) references to a National Park authority are to a National | 35 |
Park authority established under Part 3 of the 1995 Act; | |
(c) a “relevant source of supply”, in relation to a draft order, | |
means— | |
(i) if the draft order relates only to particular sources | |
of supply (or a class of them) in an area, any of | 40 |
those sources of supply (or any source of supply in | |
that class) in that area; | |
(ii) otherwise, any source of supply in the area to | |
which the draft order relates; | |
(d) a “relevant water undertaker”, in relation to a draft order, | 45 |
means a water undertaker which is the holder of a licence | |
to abstract water under Chapter 2 of Part 2 of this Act | |
from— | |
(i) a relevant source of supply; or | |
| |
| |
|
| |
| |
(ii) a source of supply which is related to a relevant | |
source of supply; | |
(e) for the purposes of paragraph (d) above, a source of supply | |
(the “related source”) is related to a relevant source of | |
supply if it appears to the Agency that, having regard to | 5 |
the extent to which the level or flow of water in the related | |
source depends on the level or flow of the waters in the | |
relevant source of supply, the ability of the water | |
undertaker to abstract water from the related source in | |
accordance with its licence may be substantially affected as | 10 |
a result of the draft order; | |
(f) “related inland waters” are inland waters the level or flow | |
of which may, in the Agency’s opinion, be affected by | |
changes in the level or flow of the waters in a relevant | |
source of supply. | 15 |
Duty to provide copy of draft order | |
2 Where an application for an order is made, the Agency shall, at the | |
request of any person, furnish him with a copy of the draft order | |
on payment of such charge as the Agency thinks reasonable. | |
Making of order | 20 |
3 (1) Where an application for an order is made, the Secretary of State | |
may make the order either in the form of the draft or in that form | |
as altered in such manner as he thinks fit. | |
(2) Where the Secretary of State— | |
(a) proposes to make any alteration of an order before making | 25 |
it; and | |
(b) considers that any persons are likely to be adversely | |
affected by it, | |
the Agency shall give and publish such additional notices, in such | |
manner, as the Secretary of State may require. | 30 |
(3) Sub-paragraph (4) below shall apply if before the end of— | |
(a) the period of twenty-eight days referred to in sub- | |
paragraph (2)(b) of paragraph 1 above; | |
(b) the period of twenty-five days from the publication in the | |
London Gazette of the notice under sub-paragraph (5) of | 35 |
that paragraph; or | |
(c) any period specified in notices under sub-paragraph (2) | |
above, | |
notice of an objection is received by the Secretary of State from any | |
person on whom a notice is required by this Schedule to be served, | 40 |
from any other person appearing to the Secretary of State to be | |
affected by the order (either as prepared in draft or as proposed to | |
be altered) or, in a case where the Secretary of State directed the | |
Agency to apply for the order, from the Agency. | |
(4) Where this sub-paragraph applies and the objection in question is | 45 |
not withdrawn, the Secretary of State, before making the order, | |
may take such steps as he sees fit and, in particular, may— | |
| |
| |
|
| |
| |
(a) cause a local inquiry to be held; or | |
(b) afford to the objector and to the Agency an opportunity of | |
appearing before, and being heard by, a person appointed | |
by the Secretary of State for the purpose. | |
(5) Where— | 5 |
(a) the order (whether as prepared in draft or as proposed to | |
be altered) relates to any tidal water situated in Wales (or | |
in area of the sea adjoining either the coast of Wales or an | |
area of sea forming part of Wales); and | |
(b) no navigation authority, harbour authority or conservancy | 10 |
authority has functions in relation to that tidal water, | |
the Secretary of State shall not make the order except with the | |
approval of the Secretary of State for Transport. | |
Notice and inspection of final order | |
4 (1) Where an order is made under section 27A(1) or 39B(3) of this Act, | 15 |
whether in the form of the draft proposed by the Agency or with | |
alterations, the Secretary of State shall give notice to the Agency— | |
(a) stating that the order has been made, either without | |
alteration or with alterations specified in the notice; and | |
(b) specifying the date (not being earlier than twenty-eight | 20 |
days after the date of the notice under this paragraph) on | |
which the order shall have effect; | |
and the Agency shall forthwith publish the notice. | |
(2) The Agency shall keep a copy of every order made under section | |
27A(1) or 39B(3) of this Act available at its offices for inspection by | 25 |
the public, free of charge, at all reasonable times.” | |
Environment Act 1995 (c. 25) | |
15 (1) The Environment Act 1995 is amended as follows. | |
(2) In section 6 (general provisions with respect to water), after subsection (3) | |
there is inserted— | 30 |
“(3A) Subsection (3) above shall apply to— | |
(a) sections 3 and 4 of the Water Act 2003; and | |
(b) such of the related water resources provisions as apply in | |
relation to those sections by virtue of section 33(2) of the | |
Water Act 2003, | 35 |
as it applies to the provisions referred to in that subsection.” | |
(3) In Schedule 22 (amendment of enactments), paragraph 181 is omitted. | |
Part 2 | |
New regulatory arrangements, etc | |
Public Records Act 1958 (c. 51) | 40 |
16 In Schedule 1 to the Public Records Act 1958 (definition of public records), | |
at the appropriate place in Part 2 of the Table at the end of paragraph 3 there | |
| |
| |
|
| |
| |
is inserted— | |
“Consumer Council for Water.” | |
Public Bodies (Admission to Meetings) Act 1960 (c. 67) | |
17 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 | |
(bodies to which Act applies), for paragraph 1(k) there is substituted— | 5 |
“(k) regional committees of the Consumer Council for Water | |
established under section 27A of the Water Industry Act 1991.” | |
Parliamentary Commissioner Act 1967 (c. 13) | |
18 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments | |
and authorities subject to investigation)— | 10 |
(a) there is inserted at the appropriate places— | |
“Consumer Council for Water.” | |
“Water Services Regulation Authority.”, and | |
(b) the entry relating to the Office of the Director General of Water | |
Services is omitted. | 15 |
Superannuation Act 1972 (c. 11) | |
19 In Schedule 1 to the Superannuation Act 1972, in the list of “Other Bodies” | |
there is inserted at the appropriate place— | |
“The Consumer Council for Water.” | |
House of Commons Disqualification Act 1975 (c. 24) | 20 |
20 (1) Schedule 1 to the House of Commons Disqualification Act 1975 is amended | |
as follows. | |
(2) In Part 2 (bodies of which all members are disqualified), there is inserted at | |
the appropriate places— | |
“The Consumer Council for Water, and each regional committee of the | 25 |
Council established under section 27A of the Water Industry Act | |
1991.” | |
“The Water Services Regulation Authority.” | |
(3) In Part 3 (other disqualifying offices), the entries relating to the following are | |
omitted— | 30 |
(a) the Chairman of a customer service committee maintained under | |
section 28 of the Water Industry Act 1991, and | |
(b) the Director General of Water Services. | |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | |
21 (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is | 35 |
amended as follows. | |
(2) In Part 2 (bodies of which all members are disqualified), there is inserted at | |
| |
| |
|
| |
| |
the appropriate places— | |
“The Consumer Council for Water, and each regional committee of the | |
Council established under section 27A of the Water Industry Act | |
1991.” | |
“The Water Services Regulation Authority.” | 5 |
(3) In Part 3 (other disqualifying offices), the entries relating to the following are | |
omitted— | |
(a) the Chairman of a customer service committee maintained under | |
section 28 of the Water Industry Act 1991, and | |
(b) the Director General of Water Services. | 10 |
Race Relations Act 1976 (c. 74) | |
22 In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other | |
persons subject to general statutory duty), for the entry relating to a | |
Customer Service Committee maintained under section 28 of the Water | |
Industry Act 1991 there is substituted— | 15 |
“The Consumer Council for Water.” | |
Telecommunications Act 1984 (c. 12) | |
23 In the Telecommunications Act 1984, in section 101 (restriction on disclosure | |
of information)— | |
(a) in subsection (2)(b), for “the Director General of Water Services” | 20 |
there is substituted “the Water Services Regulation Authority”, | |
(b) in subsection (3)(j), at the end there is inserted “, or the Water Act | |
2003”. | |
Airports Act 1986 (c. 31) | |
24 In the Airports Act 1986, in section 74 (restriction on disclosure of | 25 |
information)— | |
(a) in subsection (2)(a), for “the Director General of Water Services” | |
there is substituted “the Water Services Regulation Authority”, | |
(b) in subsection (3)(k), at the end there is inserted “, or the Water Act | |
2003”. | 30 |
Company Directors Disqualification Act 1986 (c. 46) | |
25 In section 9E of the Company Directors Disqualification Act 1986 | |
(interpretation for the purposes of sections 9A to 9D of that Act), in | |
subsection (2), for paragraph (c) there is substituted— | |
“(c) the Water Services Regulation Authority;”. | 35 |
Water Act 1989 (c. 15) | |
26 (1) The Water Act 1989 is amended as follows. | |
(2) In section 174 (general restrictions on disclosure of information)— | |
(a) in subsection (2)— | |
(i) in paragraph (a)— | 40 |
| |
| |
|
| |
| |
(a) for “the Director” there is substituted “the Water | |
Services Regulation Authority, the Consumer | |
Council for Water”, | |
(b) for “or the Environment Act 1995” there is substituted | |
“, the Environment Act 1995 or the Water Act 2003”, | 5 |
(ii) in paragraph (c), for “or of any arrangements” to the end | |
there is substituted “or section 27H of the Water Industry Act | |
1991”, | |
(iii) in paragraph (j), after “1995” there is inserted “, the Water Act | |
2003”, | 10 |
(b) in subsection (4)(a)— | |
(i) for “the Director” there is substituted “the Water Services | |
Regulation Authority”, | |
(ii) for “a customer service committee” there is substituted “the | |
Consumer Council for Water (or any regional committee of | 15 |
that Council established under section 27A of the Water | |
Industry Act 1991)”. | |
(3) In section 185 (powers to make regulations), in subsection (2), paragraph (a) | |
is omitted. | |
(4) In Schedule 3 (Director General of Water Services), paragraphs 6 and 7 are | 20 |
omitted. | |
(5) In Schedule 4 (customer service committees), paragraph 6 is omitted. | |
(6) In Schedule 25 (amendment of enactments), paragraphs 68(2)(a) and 76(a) | |
are omitted. | |
Water Industry Act 1991 (c. 56) | 25 |
27 (1) The WIA is amended as follows. | |
(2) In section 35 (construction of merger provisions), whose insertion into the | |
WIA is provided for by section 70(1) of the Enterprise Act 2002 (c. 40), in | |
subsection (1), in the definition of “water enterprise”, for “water undertaker” | |
there is substituted “relevant undertaker”. | 30 |
(3) In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with | |
complaints), for “customer service committee” there is substituted “regional | |
committee”. | |
(4) In section 181 (complaints with respect to the exercise of works powers on | |
private land), in subsection (2)(c), for “the appropriate customer service | 35 |
committee” there is substituted “the Council”. | |
(5) In section 206 (restrictions on disclosure of information)— | |
(a) in subsection (3)— | |
(i) in paragraph (a), before “, the Competition Commission” | |
there is inserted “, the Council”, | 40 |
(ii) in that paragraph, for “or regulations under section 2 of the | |
Pollution Prevention and Control Act 1999” there is | |
substituted “, regulations under section 2 of the Pollution | |
Prevention and Control Act 1999 or the Water Act 2003”, | |
(iii) in paragraph (b), for “or the Water Act 1989” there is | 45 |
substituted “, the Water Act 1989 or the Water Act 2003”, | |
| |
| |
|
| |
| |
(iv) in paragraph (c), for “of any arrangements made by the | |
Director under section 29(6) above or of any duty imposed | |
by” there is substituted “of any duty imposed by section 27H | |
above or”, | |
(v) in paragraph (j)— | 5 |
(a) after “the Water Act 1989” there is inserted “, the | |
Water Act 2003”, | |
(b) for “or that Act of 1989” there is substituted “, the | |
Water Act 1989 or the Water Act 2003”, | |
(b) in subsection (4)(a)— | 10 |
(i) for “a customer service committee” there is substituted “the | |
Council (or any regional committee)”, | |
(ii) for “or regulations under section 2 of the Pollution | |
Prevention and Control Act 1999” there is substituted “, | |
regulations under section 2 of the Pollution Prevention and | 15 |
Control Act 1999 or the Water Act 2003”. | |
(6) In section 208 (directions in the interests of national security) after | |
subsection (3) there is inserted— | |
“(3A) The Secretary of State may, after consultation with the Council, give | |
to the Council such directions of a general character as appear to the | 20 |
Secretary of State to be requisite or expedient— | |
(a) in the interests of national security; or | |
(b) in connection with any civil emergency which may occur. | |
(3B) If it appears to the Secretary of State to be requisite or expedient to | |
do so— | 25 |
(a) in the interests of national security; or | |
(b) in connection with any civil emergency which has occurred | |
or may occur, | |
he may, after consultation with the Council, give to the Council a | |
direction requiring it to do, or not to do, a particular thing specified | 30 |
in the direction. | |
(3C) The Council shall comply with any direction given to it by the | |
Secretary of State under this section.” | |
(7) In section 219(1) (interpretation)— | |
(a) after the definition of “analyse” there is inserted— | 35 |
““the Assembly” means the National Assembly for Wales;”, | |
““the Authority” means the Water Services Regulation | |
Authority;”, | |
(b) after the definition of “contravention” there is inserted— | |
““the Council” means the Consumer Council for Water;”, | 40 |
(c) the definition of “the Director” is omitted, | |
(d) after the definition of “records” there is inserted— | |
““regional committee” means a regional committee of the | |
Council established under section 27A above;”. | |
Water Resources Act 1991 (c. 57) | 45 |
28 (1) The WRA is amended as follows. | |
| |
| |
|
