|
| |
| |
(i) action taken by the company has caused a | |
contravention by a water undertaker of any | |
principal duty; and | |
(ii) that action is serious enough to make it | |
inappropriate for the company to continue to | 5 |
hold its licence;”, | |
(d) in paragraph (d), after “this Part” there is inserted “or was not a | |
qualifying licensed water supplier”, and | |
(e) in paragraph (e), at the beginning there is inserted “in the case of a | |
company holding an appointment under Chapter 1 of this Part,”. | 10 |
(4) For subsection (7) there is substituted— | |
“(7) In this section “principal duty” means— | |
(a) in relation to a company holding an appointment under | |
Chapter 1 of this Part, a requirement imposed on the | |
company by section 37 or 94 below; | 15 |
(b) in relation to a company which is a qualifying licensed water | |
supplier, any condition of its licence or any statutory | |
requirement imposed on it in consequence of its licence.” | |
10 In section 25 (power to make special administration order on a winding | |
up)— | 20 |
(a) after “this Part” there is inserted “or is a qualifying licensed water | |
supplier”; and | |
(b) in paragraph (b), after “appointment” there is inserted “or a | |
qualifying licensed water supplier”. | |
11 In section 26 (restrictions on voluntary winding up and insolvency | 25 |
proceedings), after “this Part” there is inserted “or is a qualifying licensed | |
water supplier”. | |
12 (1) Section 27 (general duty of Authority to keep matters under review) is | |
amended as follows. | |
(2) In subsection (1), for the words from “water” to the end there is | 30 |
substituted— | |
“(a) water undertakers or sewerage undertakers carry out | |
functions; and | |
(b) licensed water suppliers carry on activities authorised by | |
their licences.” | 35 |
(3) In subsection (2)— | |
(a) after paragraph (a) there is inserted— | |
“(aa) the carrying on by companies holding licences under | |
Chapter 1A of this Part of the activities authorised by | |
their licences; or”; and | 40 |
(b) in paragraph (b), for “such company” there is substituted “company | |
mentioned in paragraph (a) or (aa) above”. | |
(4) In subsection (4), at the end of paragraph (b) there is inserted “or | |
(c) the activities authorised by retail licences or combined | |
licences (within the meanings of Chapter 1A of this Part); or | 45 |
(d) the carrying on of any such activities by a company holding | |
any such licence.” | |
| |
| |
|
| |
| |
13 (1) Section 39A (information to be given to customers about overall | |
performance) is amended as follows. | |
(2) In subsection (1), after “customers” there is inserted “, and, if the direction so | |
specifies, licensed water suppliers using the undertaker’s supply system for | |
the purpose of supplying water to the premises of customers or those | 5 |
customers,”. | |
(3) After subsection (2) there is inserted— | |
“(2A) The licensed water suppliers referred to in subsection (1) above shall, | |
if the Authority so directs, pass on the information about the matters | |
mentioned in that subsection to their customers. | 10 |
(2B) In subsection (1) above, the reference to the water undertaker’s | |
supply system shall be construed in accordance with section 17B(5) | |
above.” | |
(4) In subsection (3), after “undertaker” there is inserted “or licensed water | |
supplier”. | 15 |
14 (1) Section 43 (calculation of payments to undertaker in respect of provision of | |
water main) is amended as follows. | |
(2) In subsection (1), for “water charges payable for the use during that year of | |
that main are” there is substituted “relevant revenue in respect of that main | |
for that year is”. | 20 |
(3) For subsection (7) there is substituted— | |
“(7) Any reference in this section to the relevant revenue in respect of a | |
main provided by a water undertaker for any year is— | |
(a) in relation to premises connected with the main which are | |
supplied with water by the undertaker, is a reference to so | 25 |
much of the aggregate of any charges payable to the | |
undertaker in respect of services provided in the course of | |
that year as represents charges which— | |
(i) have been imposed by the undertaker in relation to | |
those premises, and | 30 |
(ii) are reasonably attributable to the provision of a | |
supply of water (whether or not for domestic | |
purposes) to those premises by means of that main, | |
(b) in relation to premises connected with the main which are | |
supplied with water by a licensed water supplier, is a | 35 |
reference to so much of the aggregate of any charges made | |
during the course of that year which— | |
(i) are payable by the supplier to the undertaker in | |
respect of the duty under section 66A(2)(b), 66B(3)(b) | |
or 66C(2)(b)(ii) below; and | 40 |
(ii) are reasonably attributable to the use of that main for | |
the purpose of the supplier supplying water to those | |
premises.” | |
15 (1) Section 52 (the domestic supply duty) is amended as follows. | |
(2) In subsection (3), at the beginning there is inserted “Subject to subsection | 45 |
(4A) below,”. | |
| |
| |
|
| |
| |
(3) After subsection (4) there is inserted— | |
“(4A) This section does not apply to any premises if— | |
(a) they are not in the area of the water undertaker; | |
(b) they are not household premises (as defined in section 17C | |
above); and | 5 |
(c) the total quantity of water estimated to be supplied to them | |
annually for the purposes of subsection (2) of section 17D | |
above is not less than the quantity specified in that | |
subsection.” | |
(4) After subsection (6) there is inserted— | 10 |
“(6A) For the purposes of this section, there is also an interruption of the | |
domestic supply duty owed by a water undertaker in relation to any | |
premises where— | |
(a) a notice is served in respect of those premises under section | |
63AA below; and | 15 |
(b) the time specified in that notice has passed.” | |
16 (1) Section 55 (supplies for non-domestic purposes) is amended as follows. | |
(2) After subsection (1) there is inserted— | |
“(1A) This section also applies where— | |
(a) a water undertaker is requested to provide a supply of water | 20 |
to premises which are not in the undertaker’s area by the | |
owner or occupier of the premises; | |
(b) the premises are household premises (as defined in section | |
17C above) or the total quantity of water estimated to be | |
supplied to the premises annually for the purposes of | 25 |
subsection (2) of section 17D above is less than the quantity | |
specified in that subsection; and | |
(c) paragraph (a) or (b) of subsection (1) above applies.” | |
(3) In subsection (8), after “63” there is inserted “and 63AB”. | |
17 After section 63 there is inserted— | 30 |
“Supply by licensed water supplier etc | |
63AA Supply by licensed water supplier: domestic supply | |
(1) The owner or occupier of any premises may serve a notice on a water | |
undertaker— | |
(a) informing the undertaker that the premises are to be supplied | 35 |
by a licensed water supplier; and | |
(b) specifying the time after which a supply of water to the | |
premises by the undertaker will no longer be required. | |
(2) Where the charges for the water supplied by the undertaker are, | |
under Chapter 1 of Part 5 of this Act, fixed in relation to the premises | 40 |
by reference to volume, the time specified in the notice shall fall at | |
least two working days after the notice is served. | |
| |
| |
|
| |
| |
(3) In this section and section 63AB below, any reference to two working | |
days is a reference to a period of forty-eight hours calculated after | |
disregarding any time falling on— | |
(a) a Saturday or Sunday; or | |
(b) Christmas Day, Good Friday or any day which is a bank | 5 |
holiday in England and Wales under the Banking and | |
Financial Dealings Act 1971. | |
63AB Supply by licensed water supplier: non-domestic supply | |
(1) The duty of a water undertaker under section 55 above to provide a | |
supply of water to any premises shall cease to apply if— | 10 |
(a) a notice specifying the time after which a supply of water to | |
the premises by the undertaker will no longer be required in | |
consequence of the premises being supplied by a licensed | |
water supplier has been served on the undertaker by the | |
owner or occupier of the premises; and | 15 |
(b) that time has passed. | |
(2) Where the charges for the water supplied by the undertaker are, | |
under Chapter 1 of Part 5 of this Act, fixed in relation to the premises | |
by reference to volume, the time specified in the notice shall fall at | |
least two working days after the notice is served. | 20 |
63AC Interim duty of water undertaker: domestic and non-domestic supply | |
(1) This section applies where— | |
(a) a licensed water supplier ceases to supply any premises with | |
water; and | |
(b) the owner or occupier of the premises has not notified the | 25 |
water undertaker in whose area the premises are that— | |
(i) he has made arrangements for the continuation of the | |
supply of water to the premises; or | |
(ii) he intends any supply of water to the premises to | |
cease. | 30 |
(2) Where this section applies, it shall be the duty of the water | |
undertaker to continue the supply of water to the premises which | |
was made by the licensed water supplier. | |
(3) Where a supply is made under subsection (2)— | |
(a) the charges payable in respect of the supply shall be fixed | 35 |
from time to time by a charges scheme under section 143 | |
below; and | |
(b) subject to subsection (7) below, the supply shall be made | |
until— | |
(i) a supply is made under section 52 or 55 above; or | 40 |
(ii) a notice is served by the undertaker on the owner or | |
occupier of the premises stating that the supply is to | |
be discontinued (subject to subsection (4) below), | |
whichever is earlier. | |
(4) A notice under subsection (3)(b)(ii) above may not be served before | 45 |
the end of the period of three months beginning with the day on | |
which the supply by the supplier ceased. | |
| |
| |
|
| |
| |
(5) A water undertaker shall not be required by virtue of this section to | |
provide a supply of water to any premises if the provision of the | |
supply would— | |
(a) require the undertaker, in order to meet all its existing | |
obligations to supply water for domestic or other purposes, | 5 |
together with its probable future obligations to supply | |
buildings and parts of buildings with water for domestic | |
purposes, to incur unreasonable expenditure in carrying out | |
works; or | |
(b) otherwise put at risk its ability to meet any of the existing or | 10 |
probable future obligations mentioned in paragraph (a) | |
above. | |
(6) The supply of water to any premises by a water undertaker under | |
this section shall not prevent a proposed supply to those premises by | |
that undertaker under section 55 above from being regarded as a | 15 |
new supply for the purposes of that section. | |
(7) Where a duty is imposed by this section in respect of any premises, | |
any breach of the duty which causes the owner or occupier of the | |
premises to sustain loss or damage shall be actionable at the suit of | |
that owner or occupier; but, in any proceedings brought against a | 20 |
water undertaker in pursuance of this subsection, it shall be a | |
defence for the undertaker to show that it took all reasonable steps | |
and exercised all due diligence to avoid the breach. | |
(8) Sections 60 to 63 above apply as they apply where a supply of water | |
is made under section 52 or 55 above.” | 25 |
18 (1) Section 68 (water quality) is amended as follows. | |
(2) In subsection (1)— | |
(a) after “water undertaker” there is inserted “where its supply system | |
is used for the purpose of supplying water to any premises for | |
domestic or food production purposes”; | 30 |
(b) in paragraph (a), for the words from the beginning to “which” there | |
is substituted “to ensure that any water so supplied”; | |
(c) in paragraph (b), for the words from “that undertaker” to “purposes” | |
there is substituted “water is so supplied”; and | |
(d) after that paragraph, there is inserted— | 35 |
“and this section and section 69 below apply, in relation to the | |
duty of an undertaker, whether or not the water supplied | |
using the undertaker’s supply system is supplied by the | |
undertaker.” | |
(3) After that subsection, there is inserted— | 40 |
“(1A) It shall be the duty of a licensed water supplier— | |
(a) when supplying water to any premises for domestic or food | |
production purposes, in accordance with its retail | |
authorisation, to ensure that the water is wholesome at the | |
time of supply; and | 45 |
(b) so far as reasonably practicable, to ensure, in relation to each | |
source or combination of sources from which that supplier | |
supplies water to premises for domestic or food production | |
purposes, in accordance with its retail authorisation, that | |
| |
| |
|
| |
| |
there is, in general, no deterioration in the quality of the | |
water which is supplied from time to time from that source or | |
combination of sources, | |
and references in this subsection to the retail authorisation shall be | |
construed in accordance with section 17A(2) above.” | 5 |
(4) In subsection (2), for “water supplied by a water undertaker” there is | |
substituted “where a water undertaker’s supply system is used for the | |
purpose of supplying water to any premises, any water so supplied”. | |
(5) In subsection (3)— | |
(a) for the words from “this section” to “premises” there is substituted | 10 |
“subsection (1) above where a water undertaker’s supply system is | |
used for the purpose of supplying water to any premises, and the | |
water so supplied”; and | |
(b) in paragraph (b), for “supplying the water, to take such steps” there | |
is substituted “the water is supplied, to ensure that such steps are | 15 |
taken”. | |
(6) After that subsection there is inserted— | |
“(3A) For the purposes of subsection (1A) above where water supplied by | |
a licensed water supplier to any premises would not otherwise be | |
regarded as unwholesome at the time of supply, that water shall be | 20 |
regarded as unwholesome at that time if— | |
(a) it has ceased to be wholesome after leaving the relevant pipes | |
but while in a pipe which is subject to water pressure from a | |
water main or which would be so subject but for the closing | |
of some valve; and | 25 |
(b) it has so ceased in consequence of the failure of the supplier, | |
before supplying the water, to ensure that such steps are | |
taken as may be prescribed for the purpose of securing the | |
elimination, or reduction to a minimum, of any prescribed | |
risk that the water would cease to be wholesome after leaving | 30 |
the relevant pipes. | |
(3B) In subsection (3A) above “relevant pipes” means the pipes of the | |
water undertaker whose supply system is used for the purpose of the | |
supply made by the licensed water supplier.” | |
(7) In subsection (5), after “undertaker” there is inserted “and licensed water | 35 |
supplier”. | |
(8) In the sidenote (and the italic heading immediately preceding it), after | |
“undertakers” there is inserted “and licensed water suppliers”. | |
19 (1) Section 69 (regulations for preserving water quality) is amended as follows. | |
(2) In subsection (1), for “to take all such steps” there is substituted “or a | 40 |
licensed water supplier to ensure that such steps are taken”. | |
(3) In subsection (2)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”; | |
(b) in paragraph (a)— | 45 |
(i) for “take all such steps” there is substituted “ensure that all | |
such steps are taken”; and | |
| |
| |
|
| |
| |
(ii) for “which that undertaker supplies” there is substituted | |
“used for relevant supplies”; | |
(c) in paragraph (b)— | |
(i) for “take all such steps” there is substituted “ensure that all | |
such steps are taken”; and | 5 |
(ii) for “that undertaker uses or is proposing to use for supplying | |
water” there is substituted “is used or is proposed to be used | |
for making relevant supplies”; | |
(d) in paragraph (c), for “that undertaker is using or proposing to use for | |
supplying water” there is substituted “is used or proposed to be used | 10 |
for making relevant supplies”; | |
(e) in paragraph (d)— | |
(i) for “keep records” there is substituted “ensure that records | |
are kept”; | |
(ii) for “supplied with water” there is substituted “receiving | 15 |
relevant supplies”; and | |
(iii) the words “by that undertaker” are omitted; and | |
(f) in paragraph (e), for “comply with prescribed requirements” there is | |
substituted “ensure that prescribed requirements are complied | |
with”. | 20 |
(4) In subsection (3), for the words from “with respect” to “functions” there is | |
substituted “imposing obligations on water undertakers or licensed water | |
suppliers with respect to the use for the purposes of or in connection with | |
making relevant supplies”. | |
(5) In subsection (4)— | 25 |
(a) in paragraph (a)— | |
(i) for “forbid the use by water undertakers of” there is | |
substituted “require water undertakers or licensed water | |
suppliers to ensure that”; and | |
(ii) at the end there is inserted “are not used for the purposes of | 30 |
or in connection with relevant supplies”; | |
(b) in paragraph (b)— | |
(i) after “require” there is inserted “water undertakers and | |
licensed water suppliers to ensure that”; and | |
(ii) for “by water undertakers to” there is substituted “for the | 35 |
purposes of or in connection with relevant supplies”; and | |
(c) in paragraph (c), for “by water undertakers” there is substituted “for | |
the purposes of or in connection with relevant supplies”. | |
(6) In subsection (5)— | |
(a) the words “require a water undertaker” are omitted; | 40 |
(b) in paragraph (a)— | |
(i) at the beginning, there is inserted “require a water | |
undertaker”; and | |
(ii) for “by that undertaker” there is substituted “using that | |
undertaker’s supply system”; | 45 |
(c) the word “and” at the end of paragraph (a) is omitted; | |
(d) after that paragraph, there is inserted— | |
“(aa) require a licensed water supplier to publish | |
information about the quality of water supplied for | |
| |
| |
|
