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(2) In section 20 (water resources management schemes), in subsection (2)(c), | |
for “Director General of Water Services” there is substituted “Water Services | |
Regulation Authority”. | |
(3) In section 204 (restriction on disclosure of information)— | |
(a) in subsection (2)— | 5 |
(i) in paragraph (a), for “the Director General of Water Services” | |
there is substituted “the Water Services Regulation | |
Authority, the Consumer Council for Water”, | |
(ii) in that paragraph, for “or regulations under section 2 of the | |
Pollution Prevention and Control Act 1999” there is | 10 |
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 | |
substituted “, the Water Act 1989 or the Water Act 2003”, | |
(iv) in paragraph (c), for “of any arrangements made by the | 15 |
Director General of Water Services under section 29(6)” there | |
is substituted “of any duty imposed by section 27H”, | |
(v) in paragraph (j)— | |
(a) after “the Water Act 1989” there is inserted “, the | |
Water Act 2003”, | 20 |
(b) for “or that Act of 1989” there is substituted “, the | |
Water Act 1989 or the Water Act 2003”, | |
(b) in subsection (3), in paragraph (a)— | |
(i) for sub-paragraph (ii) there is substituted— | |
“(ii) the Water Services Regulation | 25 |
Authority;”, | |
(ii) for sub-paragraph (iii) there is substituted— | |
“(iii) the Consumer Council for Water (or | |
any regional committee of that | |
Council established under section 27A | 30 |
of the Water Industry Act 1991); or”, | |
(iii) 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”. | 35 |
(4) In section 219 (powers to make regulations), in each of paragraphs (a) and | |
(b) of subsection (2), for “the Director” there is substituted “the Water | |
Services Regulation Authority”. | |
Water Consolidation (Consequential Provisions) Act 1991 (c. 60) | |
29 (1) The Water Consolidation (Consequential Provisions) Act 1991 is amended | 40 |
as follows. | |
(2) In Schedule 1 (amendment of enactments), paragraphs 10, 28(a) and 29(a) | |
are omitted. | |
(3) In Schedule 2 (transitional and transitory provisions and savings)— | |
(a) in paragraph 8, for “Director General of Water Services” there is | 45 |
substituted “Water Services Regulation Authority”, | |
(b) in paragraph 10, for “Director General of Water Services” there is | |
substituted “Water Services Regulation Authority”. | |
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Competition and Service (Utilities) Act 1992 (c. 43) | |
30 Section 50 of the Competition and Service (Utilities) Act 1992 (which amends | |
section 2 of the WIA) shall cease to have effect. | |
Coal Industry Act 1994 (c. 21) | |
31 In section 59 (information to be kept confidential by the Authority), in | 5 |
subsection (4), after paragraph (o) there is inserted— | |
“(p) the Water Act 2003.” | |
Competition Act 1998 (c. 41) | |
32 (1) The Competition Act 1998 is amended as follows. | |
(2) In section 54 (regulators), in subsection (1), for paragraph (d) there is | 10 |
substituted— | |
“(d) the Water Services Regulation Authority;”. | |
(3) In Schedule 7 (the Competition Commission), in paragraph 2(1)(d), sub- | |
paragraph (i) is omitted. | |
(4) In Schedule 10 (regulators), the following are omitted— | 15 |
(a) paragraph 5(3), | |
(b) paragraph 13(2) and (3). | |
(5) In Schedule 13 (transitional provisions and savings), in paragraph 35(2)(e), | |
for “Director General of Water Services” there is substituted “Water Services | |
Regulation Authority”. | 20 |
Postal Services Act 2000 (c. 26) | |
33 In Schedule 7 to the Postal Services Act 2000 (disclosure of information), in | |
paragraph 3— | |
(a) in sub-paragraph (2), for paragraph (j) there is substituted— | |
“(j) the Water Services Regulation Authority,”, | 25 |
(b) in sub-paragraph (3), after paragraph (gg) there is inserted— | |
“(gi) the Water Act 2003,”. | |
Utilities Act 2000 (c. 27) | |
34 In section 105 of the Utilities Act 2000 (general restrictions on disclosure of | |
information)— | 30 |
(a) in subsection (5), for paragraph (e) there is substituted— | |
“(e) the Water Services Regulation Authority;”, | |
(b) in subsection (6)(l), at the end there is inserted “or the Water Act | |
2003”. | |
Transport Act 2000 (c. 38) | 35 |
35 In Schedule 9 to the Transport Act 2000 (air traffic: information), in | |
paragraph 3— | |
(a) in sub-paragraph (2), for paragraph (g) there is substituted— | |
“(g) the Water Services Regulation Authority;”, | |
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(b) in sub-paragraph (3), after paragraph (ra) there is inserted— | |
“(rb) the Water Act 2003;”. | |
Enterprise Act 2002 (c. 40) | |
36 (1) The Enterprise Act 2002 is amended as follows. | |
(2) In section 136 (investigations and reports on market investigation | 5 |
references), in each of subsections (7)(c) and (8), for “the Director General of | |
Water Services” there is substituted “the Water Services Regulation | |
Authority”. | |
(3) In section 168 (regulated markets)— | |
(a) in subsection (4)(f), for “the Director General of Water Services” there | 10 |
is substituted “the Water Services Regulation Authority”, | |
(b) in subsection (5), for paragraph (e) there is substituted— | |
“(e) the Water Services Regulation Authority;”. | |
(4) In Schedule 15 (enactments conferring functions in relation to which a public | |
authority may disclose information), at the end there is inserted the | 15 |
following entry— | |
“Water Act 2003 (c. ).” | |
Part 3 | |
Miscellaneous | |
Metropolis Water Act 1852 (c. 84) | 20 |
37 Section 1 of the Metropolis Water Act 1852 (restriction on sources of supply | |
of water to London) shall cease to have effect. | |
Reservoirs Act 1975 (c. 23) | |
38 In Schedule 1 to the Reservoirs Act 1975 (index of general definitions), the | |
entry for “Local authority” is omitted. | 25 |
Water Industry Act 1991 (c. 56) | |
39 In section 111 of the WIA (restrictions on use of public sewers)— | |
(a) in paragraph (b) of subsection (1), for “one hundred and ten degrees | |
Fahrenheit” there is substituted “forty-three degrees Celsius”, | |
(b) in subsection (5), for “seventy-three degrees Fahrenheit” there is | 30 |
substituted “twenty-three degrees Celsius”. | |
Land Drainage Act 1991 (c. 59) | |
40 (1) The Land Drainage Act 1991 is amended as follows. | |
(2) In section 16 (which provides for the exercise of certain local authority | |
powers by the Environment Agency), in subsection (2), for “under | 35 |
subsection (3) above” there is substituted “in exercising those powers”. | |
(3) In section 55 (powers of internal drainage boards to borrow), in subsection | |
(1)(a), for “in the execution of this Act” there is substituted “in the exercise | |
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or performance of any power or duty under this Act or the Water Resources | |
Act 1991”. | |
Environment Act 1995(c. 25) | |
41 In section 101 of the Environment Act 1995 (grants in connection with | |
drainage works), subsection (1) is omitted. | 5 |
Schedule 8 | |
Section 100(1) | |
Minor and consequential amendments: licensing of water suppliers etc | |
Water Act 1989 (c. 15) | |
1 (1) Section 174 of the Water Act 1989 (general restrictions on disclosure of | |
information) is amended as follows. | 10 |
(2) In paragraph (b) of subsection (2), for “or a sewerage undertaker” there is | |
substituted “, sewerage undertaker or company holding a licence under | |
Chapter 1A of Part 2 of the Water Industry Act 1991”. | |
(3) In paragraph (c) of that subsection, for “203(1) or (2)” there is substituted | |
“203(1), (1A), (2) or (2A)”. | 15 |
(4) In subsection (6)(a), after “sewerage undertaker” there is inserted “, or with | |
the carrying on by a company holding a licence under Chapter 1A of Part 2 | |
of the Water Industry Act 1991 of activities under its licence,”. | |
Water Industry Act 1991 (c. 56) | |
2 The WIA is amended as follows. | 20 |
3 In section 6 (appointment of relevant undertakers), after subsection (5) there | |
is inserted— | |
“(5A) A company shall not be appointed to be a relevant undertaker if it is | |
a licensed water supplier.” | |
4 (1) Section 18 (orders for securing compliance) is amended as follows. | 25 |
(2) In subsection (1)— | |
(a) after “this Part” there is inserted “or a licence under Chapter 1A of | |
this Part”; and | |
(b) in paragraph (a), after “appointment” there is inserted “or licence”. | |
(3) After that subsection there is inserted— | 30 |
“(1A) Subject to subsection (2) and sections 19 and 20 below, where— | |
(a) in the case of any company holding an appointment under | |
Chapter 1 of this Part, the Secretary of State or the Authority | |
is satisfied that the company— | |
(i) is causing or contributing to a contravention of a | 35 |
condition or requirement such as is referred to in | |
paragraph (a)(i) or (ii) of subsection (1) above by a | |
company holding a licence under Chapter 1A of this | |
Part; or | |
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(ii) is likely to cause or contribute to any such | |
contravention; or | |
(b) in the case of any company holding a licence under Chapter | |
1A of this Part, the Secretary of State or the Authority is | |
satisfied that the company— | 5 |
(i) is causing or contributing to a contravention of a | |
condition or requirement such as is referred to in | |
paragraph (a)(i) or (ii) of subsection (1) above by a | |
company holding an appointment under Chapter 1 of | |
this Part; or | 10 |
(ii) is likely to cause or contribute to any such | |
contravention, | |
he or it shall by a final enforcement order make such provision as is | |
requisite for the purpose of securing compliance with that condition | |
or requirement.” | 15 |
(4) In subsection (2)— | |
(a) after “this Part” there is inserted “or a licence under Chapter 1A of | |
this Part”; and | |
(b) in paragraph (a), after “subsection (1)” there is inserted “or (1A)”. | |
(5) In subsection (4), after paragraph (a)(ii) there is inserted “or | 20 |
(iii) is causing or contributing to a contravention of any | |
such condition or requirement; or | |
(iv) is likely to cause or contribute to any such | |
contravention;”. | |
(6) In subsection (6)— | 25 |
(a) in paragraph (a)— | |
(i) after “this Part” there is inserted “or a licence under Chapter | |
1A of this Part”; and | |
(ii) in sub-paragraph (i), after “appointment” there is inserted “or | |
licence”; and | 30 |
(b) in paragraph (b), after “this Part” there is inserted “or of a licence | |
under Chapter 1A of this Part”. | |
(7) For subsection (8) there is substituted— | |
“(8) Where any act or omission— | |
(a) constitutes a contravention of a condition of an appointment | 35 |
under Chapter 1 of this Part or of a condition of a licence | |
under Chapter 1A of this Part or of a statutory or other | |
requirement enforceable under this section; or | |
(b) causes or contributes to a contravention of any such | |
condition or requirement, | 40 |
the only remedies for, or for causing or contributing to, that | |
contravention (apart from those available by virtue of this section) | |
shall be those for which express provision is made by or under any | |
enactment and those that are available in respect of that act or | |
omission otherwise than by virtue of its constituting, or causing or | 45 |
contributing to, such a contravention.” | |
5 (1) Section 19 (exceptions to duty to enforce) is amended as follows. | |
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(2) In subsection (1), after paragraph (a) there is inserted— | |
“(aa) that the extent to which the company caused or contributed | |
to, or was likely to cause or contribute to, a contravention was | |
trivial;”. | |
(3) In subsection (3), after “paragraph (a),” there is inserted “(aa),”. | 5 |
6 (1) Section 20 (procedure for enforcement orders) is amended as follows. | |
(2) In subsection (1)— | |
(a) after “final enforcement order” there is inserted “under section 18(1) | |
above”; and | |
(b) after “provisional enforcement order” there is inserted “in a case in | 10 |
which section 18(4)(a)(i) or (ii) above applies”. | |
(3) After that subsection there is inserted— | |
“(1A) Before making a final enforcement order under section 18(1A) above | |
or confirming a provisional enforcement order in a case in which | |
section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the | 15 |
Authority shall give notice— | |
(a) stating that he or it proposes to make or confirm the order | |
and setting out the effect of the order; | |
(b) setting out— | |
(i) the condition or requirement for the purposes of | 20 |
securing compliance with which the order is to be | |
made or confirmed; | |
(ii) the acts or omissions which, in his or its opinion, | |
cause or contribute to or would cause or contribute to | |
the contravention of that condition or requirement; | 25 |
and | |
(iii) the other facts which, in his or its opinion, justify the | |
making or confirmation of the order; and | |
(c) specifying the period (not being less than twenty-one days | |
from the date of publication of the notice) within which | 30 |
representations or objections to the proposed order or | |
proposed confirmation may be made, | |
and shall consider any representations or objections which are duly | |
made and not withdrawn.” | |
(4) In subsection (2), after “subsection (1)” there is inserted “or (1A)”. | 35 |
7 In section 22 (effect of enforcement order), in subsection (3), after “section | |
68(1)(a)” there is inserted “or (1A)(a)”. | |
8 (1) Section 23 (meaning and effect of special administration order) is amended | |
as follows. | |
(2) In subsection (1), after “this Part” there is inserted “or which is a qualifying | 40 |
licensed water supplier”. | |
(3) In subsection (2), after “in relation to any company” there is inserted | |
“holding an appointment under Chapter 1 of this Part”. | |
(4) After that subsection, there is inserted— | |
“(2A) The purposes of a special administration order made in relation to | 45 |
any company which is a qualifying licensed water supplier shall | |
be— | |
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(a) the transfer to another company or companies, as a going | |
concern, of so much of the company’s undertaking as it is | |
necessary to transfer in order to ensure that activities relating | |
to the introduction or introductions of water mentioned in | |
subsection (6)(b) below may be properly carried on; and | 5 |
(b) the carrying on of those activities pending the making of the | |
transfer.” | |
(5) In subsection (4), for the words from “a company” to the end there is | |
substituted— | |
“(a) a company is replaced by another as a relevant undertaker | 10 |
without an appointment or variation under Chapter 1 of this | |
Part; or | |
(b) a company carries on activities relating to the introduction or | |
introductions of water mentioned in subsection (6)(b) below | |
formerly carried on by another company, | 15 |
in pursuance of a special administration order.” | |
(6) After subsection (5), there is inserted— | |
“(6) For the purposes of this section, sections 24 to 26 below and Schedule | |
2 to this Act, a licensed water supplier is a qualifying licensed water | |
supplier if— | 20 |
(a) it is the holder of a combined licence (within the meaning of | |
Chapter 1A of this Part); and | |
(b) the introduction of water by it which is permitted under | |
section 66B or 66C below is designated as a strategic supply | |
under section 66G below or the introductions of water by it | 25 |
which are so permitted are designated as a collective strategic | |
supply under section 66H below.” | |
9 (1) Section 24 (special administration orders made on special petitions) is | |
amended as follows. | |
(2) After subsection (1), there is inserted— | 30 |
“(1A) If on an application made to the High Court by petition presented— | |
(a) by the Secretary of State (after consulting the Assembly); or | |
(b) with the consent of the Secretary of State (after consulting the | |
Assembly), the Authority, | |
the Court is satisfied in relation to any company which is a qualifying | 35 |
licensed water supplier that any one or more of the grounds | |
specified in subsection (2) below is satisfied in relation to that | |
company, that Court may make a special administration order in | |
relation to that company.” | |
(3) In subsection (2)— | 40 |
(a) for “subsection (1)” there is substituted “subsections (1) and (1A)”, | |
(b) in paragraphs (a) and (b), after “appointment” there is inserted “or | |
licence”, | |
(c) after paragraph (b) there is inserted— | |
“(bb) in the case of a company which is a qualifying | 45 |
licensed water supplier, that— | |
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|
