|
| |
| |
(2) In subsection (1)(a), after “undertaker” there is inserted “or licensed water | |
supplier”. | |
(3) In subsection (2), for the words from “consent” to the end there is substituted | |
“appropriate consent”. | |
(4) After that subsection there is inserted— | 5 |
“(3) In subsection (2) above, the “appropriate consent” means— | |
(a) if the meter is used by one relevant undertaker, the consent of | |
that undertaker; | |
(b) if the meter is used by one licensed water supplier, the | |
consent of that supplier; | 10 |
(c) if the meter is used by two or more of the following persons— | |
(i) a relevant undertaker; | |
(ii) a licensed water supplier, | |
the consent of each of those persons. | |
(4) In subsection (3) above, references to the consent of a relevant | 15 |
undertaker are references to consent under section 176 below.” | |
41 (1) Section 179 (vesting of works in undertaker) is amended as follows. | |
(2) In subsection (1), for the words from “subsection” to “vested” there is | |
substituted “subsections (1A) and (3) below”. | |
(3) After that subsection there is inserted— | 20 |
“(1A) Subsection (1) above is subject to any provision to the contrary | |
contained in an agreement between the relevant undertaker and the | |
person in whom an interest in the pipe or works is or is to be vested; | |
but no agreement may be made between a relevant undertaker and | |
any other person for the vesting in that person of any pipe laid in | 25 |
pursuance of section 66B(3)(a)(ii) above or of subsection (2)(b)(i) of | |
section 66C above by virtue of subsection (3)(b) of that section.” | |
42 (1) Section 195 (maintenance of register for the purposes of Part 2) is amended | |
as follows. | |
(2) In subsection (2), after paragraph (a) there is inserted— | 30 |
“(aa) every licence under Chapter 1A of Part 2 of this Act, every | |
variation or revocation of any such licence and every | |
modification of the conditions of any such licence;”. | |
(3) In that subsection, after paragraph (b) there is inserted— | |
“(bb) every direction, consent or determination given or made | 35 |
under any such licence by the Secretary of State, the | |
Authority, the Assembly or the Environment Agency; | |
(bc) every determination made by the Authority under section | |
17E or 66D(1) above;”. | |
(4) In that subsection, after paragraph (f) (inserted by section 48(2)) there is | 40 |
inserted “and | |
“(g) every designation made by the Authority under section 66G | |
or 66H above.” | |
| |
| |
|
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| |
(5) After subsection (3) there is inserted— | |
“(3AA) Before giving a direction under subsection (3) above which relates to | |
a licensed water supplier, the Secretary of State shall consult the | |
Assembly.” | |
43 (1) Section 201 (publication of information and advice) is amended as follows. | 5 |
(2) In subsection (1), for the words from “relating to” to “as it may” there is | |
substituted— | |
“(a) relating to any matter which is connected with the carrying | |
out by a company holding an appointment under Chapter 1 | |
of Part 2 of this Act of the functions of a relevant undertaker; | 10 |
or | |
(b) relating to any matter which is connected with the carrying | |
on by a company holding a licence under Chapter 1A of that | |
Part of the activities authorised by the licence, | |
as it may”. | 15 |
(3) In subsection (2), at the end there is inserted “or a licence under Chapter 1A | |
of that Part”. | |
44 (1) Section 202 (duty to furnish the Secretary of State with information) is | |
amended as follows. | |
(2) After subsection (1) there is inserted— | 20 |
“(1A) It shall be the duty of a company holding a licence under Chapter 1A | |
of Part 2 of this Act to furnish the Secretary of State with all such | |
information relating to any matter which— | |
(a) is connected with, or with any proposals relating to, the | |
carrying on by that company of the activities authorised by | 25 |
the licence; or | |
(b) is material to the carrying out by the Secretary of State of any | |
of his functions under this Act, any of the other consolidation | |
Acts or the Water Act 1989, | |
as the Secretary of State may reasonably require.” | 30 |
(3) In subsection (4), in paragraph (c), at the end there is inserted “or licences | |
under Chapter 1A of that Part”. | |
(4) In subsection (5), after “undertaker” there is inserted “or licensed water | |
supplier”. | |
45 (1) Section 203 (power to acquire information for enforcement purposes) is | 35 |
amended as follows. | |
(2) In subsection (1), for the words from “that a company” to “section 18 above” | |
there is substituted— | |
“(a) in the case of a company which holds an appointment as a | |
relevant undertaker, that the company— | 40 |
(i) may be contravening, or may have contravened, any | |
condition of the appointment or any statutory or | |
other requirement enforceable under section 18 | |
above; or | |
(ii) may be causing or contributing to, or may have | 45 |
caused or contributed to, a contravention by a | |
company holding a licence under Chapter 1A of Part | |
2 of this Act of any condition of the licence or any | |
| |
| |
|
| |
| |
statutory or other requirement enforceable under | |
section 18 above; or | |
(b) in the case of a company which holds a licence under that | |
Chapter, that the company— | |
(i) may be contravening, or may have contravened, any | 5 |
condition of the licence or any statutory or other | |
requirement enforceable under section 18 above; or | |
(ii) may be causing or contributing to, or may have | |
caused or contributed to, a contravention by a | |
company holding an appointment as a relevant | 10 |
undertaker of any condition of the appointment or | |
any statutory or other requirement enforceable under | |
section 18 above,”. | |
(3) In subsection (7)— | |
(a) after “this Act” there is inserted “or of a licence under Chapter 1A of | 15 |
that Part”, and | |
(b) after “such an appointment” there is inserted “or licence”. | |
46 (1) Section 205 (exchange of metering information) is amended as follows. | |
(2) In subsection (1)— | |
(a) in paragraph (a), for “relevant undertakers” there is substituted | 20 |
“service providers”, | |
(b) in paragraphs (b) and (c), for “undertakers” there is substituted | |
“providers”, | |
(c) in paragraph (d), for “undertaker” there is substituted “provider”, | |
and | 25 |
(d) in the closing words, for “undertaker”, in both places where it | |
appears, there is substituted “provider”. | |
(3) In subsection (2)— | |
(a) for “relevant undertaker” there is substituted “service provider”, | |
(b) for “such undertaker” there is substituted “such provider”, and | 30 |
(c) for “the undertaker” there is substituted “the provider”. | |
(4) For subsection (3) there is substituted— | |
“(3) The duties of a service provider under this section shall be | |
enforceable under section 18 above by the Authority. | |
(4) For the purposes of this section, the following are service | 35 |
providers— | |
(a) any relevant undertaker; and | |
(b) any licensed water supplier.” | |
47 (1) Section 206 (restriction on disclosure of information) is amended as follows. | |
(2) In subsection (3), at the end of paragraph (b) there is inserted “or by a | 40 |
licensed water supplier of any of the duties imposed on it by or under this | |
Act”. | |
(3) In that subsection, in paragraph (c), for “203(1) or (2)” there is substituted | |
“203(1), (1A), (2) or (2A)”. | |
(4) In subsection (5), in paragraph (a), after “undertaker” there is inserted “, or | 45 |
with the carrying on by a licensed water supplier of activities under its | |
licence,”. | |
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| |
|
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| |
48 (1) Section 208 (directions in the interests of national security) is amended as | |
follows. | |
(2) In subsections (1) and (2)— | |
(a) after “relevant undertaker” there is inserted “or licensed water | |
supplier”, and | 5 |
(b) after “that undertaker” there is inserted “or supplier (as the case may | |
be)”. | |
(3) In subsection (3), after “relevant undertaker”, in both places where it | |
appears, there is inserted “or licensed water supplier”. | |
49 (1) Section 213 (power to make regulations) is amended as follows. | 10 |
(2) In subsection (1), after “section 8(1) or (2)” there is inserted “or 17D(8)”. | |
(3) In subsection (2)(a), after “sewerage undertaker” there is inserted “or | |
licensed water supplier”. | |
50 (1) Section 219 (general interpretation) is amended as follows. | |
(2) In subsection (1)— | 15 |
(a) in paragraph (a) of the definition of “customer or potential | |
customer”, at the end there is inserted “(other than a licensed water | |
supplier)”, | |
(b) in the definition of “water main”— | |
(i) after “water undertaker” there is inserted “or licensed water | 20 |
supplier”, and | |
(ii) after “of the undertaker” there is inserted “or supplier”, and | |
(c) in the appropriate place there is inserted— | |
““licensed water supplier” shall be construed in accordance | |
with section 17B(9) above;”. | 25 |
(3) After subsection (4) there is inserted— | |
“(4A) In this Act, unless otherwise stated, references to the supply system | |
of a water undertaker are to the water mains and other pipes which | |
it is the undertaker’s duty to develop and maintain by virtue of | |
section 37 above.” | 30 |
51 (1) Schedule 2 (transitional provision on termination of appointments) is | |
amended as follows. | |
(2) In paragraph 1, in sub-paragraph (1), for “and (3)” there is substituted “to | |
(3A)”. | |
(3) In that paragraph, in paragraph (a) of sub-paragraph (3), after “company” | 35 |
there is inserted “holding an appointment under Chapter 1 of this Part”. | |
(4) In that paragraph, after that sub-paragraph there is inserted— | |
“(3A) The third case in which this Schedule applies is where— | |
(a) the High Court has made a special administration order in | |
relation to any company which is a qualifying licensed | 40 |
water supplier (“the transferor”); and | |
(b) it is proposed that on and after the relevant date another | |
company (“the transferee”) should carry on activities | |
relating to the introduction or introductions of water | |
mentioned in section 23(6)(b) of this Act which were | 45 |
carried on by the transferor until that date.” | |
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|
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| |
(5) In that paragraph, in sub-paragraph (4)— | |
(a) in paragraph (b) of the definition of “the relevant date”, after “sub- | |
paragraph (3)” there is inserted “or (3A)”, and | |
(b) there are inserted in the appropriate places— | |
““other relevant companies” means any companies, other than | 5 |
the transferor and the transferee, which are likely on or at | |
a time after the relevant date to be holding appointments | |
as water undertakers for any area in which, or in part of | |
which, the activities relating to the introduction or | |
introductions of water mentioned in section 23(6)(b) of this | 10 |
Act will be carried on by the transferee;” | |
““transferor” and “transferee” shall be construed in accordance | |
with sub-paragraph (3A) above;”. | |
(6) In paragraph 2, after sub-paragraph (7) there is inserted— | |
“(7A) In a case specified in paragraph 1(3A) above— | 15 |
(a) the preceding provisions of this paragraph shall have | |
effect as if— | |
(i) any reference to the existing appointee were a | |
reference to the transferor; | |
(ii) any reference to the new appointee were a | 20 |
reference to the transferee; and | |
(iii) any reference to other appointees were a reference | |
to other relevant companies; and | |
(b) sub-paragraph (6) above shall have effect as if the reference | |
to functions were, in relation to a company which is a | 25 |
licensed water supplier, a reference to activities authorised | |
by its licence and any statutory functions imposed on it in | |
consequence of its licence.” | |
(7) In paragraph 3, after sub-paragraph (6) there is inserted— | |
“(7) In a case specified in paragraph 1(3A) above the preceding | 30 |
provisions of this paragraph shall have effect as if— | |
(a) any reference to the existing appointee were a reference to | |
the transferor; | |
(b) any reference to the new appointee were a reference to the | |
transferee; and | 35 |
(c) any reference to other appointees were a reference to other | |
relevant companies.” | |
(8) After paragraph 4 there is inserted— | |
“Exclusion of transfer of licence | |
4A Where a scheme under this Schedule is made in the case specified | 40 |
in paragraph 1(3A) above, the scheme may not provide for the | |
transfer to the transferee of the licence under Chapter 1A of Part 2 | |
of this Act which is held by the transferor.” | |
(9) In paragraph 5, after sub-paragraph (2) there is inserted— | |
“(3) In a case specified in paragraph 1(3A) above— | 45 |
(a) sub-paragraph (2) above shall have effect as if— | |
| |
| |
|
| |
| |
(i) any reference to the existing appointee were a | |
reference to the transferor; | |
(ii) any reference to the new appointee were a | |
reference to the transferee; and | |
(iii) any reference to any other appointee or appointees | 5 |
were a reference to any other relevant company or | |
companies; and | |
(b) paragraph (g) of that sub-paragraph shall have effect as if | |
the reference to two or more such appointees as are | |
mentioned in paragraph (f) of that sub-paragraph were a | 10 |
reference to two or more such persons as are mentioned in | |
that paragraph (as it has effect by virtue of paragraph (a) | |
above).” | |
(10) In paragraph 6, after sub-paragraph (8) there is inserted— | |
“(9) In a case specified in paragraph 1(3A) above, the preceding | 15 |
provisions of this paragraph shall have effect as if— | |
(a) any reference to the existing appointee were a reference to | |
the transferor; and | |
(b) any reference to the new appointee were a reference to the | |
transferee.” | 20 |
52 (1) Schedule 3 (special administration orders) is amended as follows. | |
(2) In paragraph 4— | |
(a) in paragraph (a), at the end there is inserted “or a licence under | |
Chapter 1A of that Part”, and | |
(b) in paragraph (b), at the end there is inserted “or licence”. | 25 |
(3) In paragraph 10(2)— | |
(a) after “1991” there is inserted “or its licence under Chapter 1A of that | |
Part”, and | |
(b) after “that appointment” there is inserted “or licence”. | |
Water Resources Act 1991 (c. 57) | 30 |
53 (1) The WRA is amended as follows. | |
(2) In section 203 (exchange of information with respect to pollution incidents | |
etc)— | |
(a) after subsection (1) there is inserted— | |
“(1A) It shall be the duty of the Agency to provide a licensed water | 35 |
supplier with all such information to which this section | |
applies as is in the possession of the Agency and is | |
reasonably requested by the supplier for purposes connected | |
with the carrying on of activities under its licence.”, | |
(b) after subsection (2) there is inserted— | 40 |
“(2A) It shall be the duty of every licensed water supplier to | |
provide the Agency with all such information to which this | |
section applies as is in the possession of the supplier and is | |
reasonably requested by the Agency for purposes connected | |
with the carrying out of any of its functions.”, | 45 |
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|
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| |
(c) for subsection (3) there is substituted— | |
“(3) Information provided to a water undertaker, to a licensed | |
water supplier or to the Agency under subsection (1), (1A), | |
(2) or (2A) above shall be provided in such form and in such | |
manner and at such times as the undertaker, the supplier or | 5 |
the Agency, as the case may be, may reasonably require.”, | |
(d) in subsection (4)— | |
(i) for “subsection (1) or (2)” there is inserted “subsection (1), | |
(1A), (2) or (2A)”, and | |
(ii) after “undertaker” there is inserted “, to a licensed water | 10 |
supplier”, | |
(e) in subsection (5), for “a water undertaker under subsection (2) above | |
shall” there is substituted— | |
“(a) a water undertaker under subsection (2) above; or | |
(b) a licensed water supplier under subsection (2A) | 15 |
above, | |
shall”, and | |
(f) after subsection (7) there is inserted— | |
“(8) Any reference in this section to a licensed water supplier is a | |
reference to a company holding a licence under Chapter 1A | 20 |
of Part 2 of the Water Industry Act 1991.” | |
(3) In section 204 (restriction on disclosure of information)— | |
(a) in paragraph (b) of subsection (2), for “or sewerage undertaker” there | |
is substituted “, sewerage undertaker or company holding a licence | |
under Chapter 1A of Part 2 of the Water Industry Act 1991”, | 25 |
(b) in paragraph (c) of that subsection, for “203(1) or (2)” there is | |
substituted “203(1), (1A), (2) or (2A)”, and | |
(c) in subsection (4)(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 | 30 |
under its licence,”. | |
Competition Act 1998 (c. 41) | |
54 In Schedule 7 to the Competition Act 1998, in paragraph 19A(9), in the | |
definition of “special reference group”, in paragraph (g), for “or 14” there is | |
substituted “, 14 or 17K”. | 35 |
Enterprise Act 2002 (c. 40) | |
55 (1) The Enterprise Act 2002 is amended as follows. | |
(2) In section 168 (regulated markets)— | |
(a) after subsection (3)(f) there is inserted— | |
“(ff) modifying the conditions of a licence granted under | 40 |
Chapter 1A of Part 2 of the Act of 1991 or modifying | |
the terms and conditions of an agreement under | |
section 66D of that Act;”, and | |
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