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(6) Before serving an enforcement notice on any person, the Agency shall | |
take reasonable steps to consult that person about the works or | |
operations which are to be specified in the notice. | |
(7) The Secretary of State may by regulations make provision for or in | |
connection with— | 5 |
(a) the form or content of enforcement notices; | |
(b) requirements for consultation, before the service of an | |
enforcement notice, with persons other than the person upon | |
whom the notice is to be served; | |
(c) steps to be taken for the purposes of any consultation required | 10 |
under subsection (6) above or regulations made by virtue of | |
paragraph (b) above; | |
(d) any other steps of a procedural nature which are to be taken in | |
connection with, or in consequence of, the service of an | |
enforcement notice. | 15 |
(8) An enforcement notice is not invalid, or invalidly served, merely | |
because of a failure to comply with subsection (6) above or with | |
regulations made by virtue of subsection (7)(b) above. | |
(9) The Secretary of State may, if he thinks fit in relation to any person, give | |
directions to the Agency as to whether or how it should exercise its | 20 |
powers under this section. | |
(10) In proceedings for any offence under section 24 or 25 above against a | |
person upon whom an enforcement notice has been served, the | |
following are not to be taken as evidence that he has committed the | |
offence— | 25 |
(a) the fact that an enforcement notice has been served on him; | |
(b) the fact that he does not appeal against it; | |
(c) the fact that on an appeal against it the notice is confirmed | |
(whether with or without modifications). | |
25B Rights of entry and appeals | 30 |
Sections 161B and 161C below (including any power to make | |
regulations) shall apply in relation to enforcement notices as they apply | |
in relation to works notices under section 161A below. | |
25C Consequences of not complying with an enforcement notice | |
(1) If a person on whom the Agency serves an enforcement notice fails to | 35 |
comply with any of its requirements, he shall be guilty of an offence. | |
(2) A person who commits an offence under subsection (1) above shall be | |
liable— | |
(a) on summary conviction, to a fine not exceeding £20,000; | |
(b) on conviction on indictment, to a fine. | 40 |
(3) If a person on whom an enforcement notice has been served fails to | |
comply with any of its requirements, the Agency may do what that | |
person was required to do and may recover from him any costs or | |
expenses reasonably incurred by the Agency in doing it. | |
(4) If the Agency is of the opinion that proceedings for an offence under | 45 |
subsection (1) above would afford an ineffectual remedy against a | |
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person who has failed to comply with the requirements of an | |
enforcement notice, the Agency may take proceedings in the High | |
Court for the purpose of securing compliance with the notice.” | |
Miscellaneous | |
31 Bulk supplies | 5 |
(1) After section 20B of the WRA (inserted by section 29 of this Act) there is | |
inserted— | |
“20C Proposals for bulk supply arrangements | |
(1) In the circumstances mentioned in subsection (2) below, the Agency | |
may, in carrying out its functions under section 6(2) of the 1995 Act, | 10 |
propose to a qualifying person (within the meaning of section 40 of the | |
Water Industry Act 1991) that he make an application under that | |
section for a bulk supply of water from a water undertaker. | |
(2) The circumstances referred to in subsection (1) above are that it appears | |
to the Agency that such a bulk supply is necessary in order to secure the | 15 |
proper use of water resources. | |
(3) The Agency shall not make such a proposal without first consulting the | |
Water Services Regulation Authority. | |
(4) The Agency may include in its proposal the period for which, and | |
terms and conditions on which, the Agency considers it appropriate | 20 |
that the bulk supply should be given.” | |
(2) In section 38 of the WRA (general consideration of applications), in subsection | |
(3), after paragraph (b) there is inserted— | |
“and may have regard to any failure on the part of the applicant to | |
make an application under section 40 of the Water Industry Act 1991 | 25 |
pursuant to a proposal made by the Agency under section 20C above.”. | |
32 Visiting forces | |
Section 223 of the WRA (exemption of visiting forces from restrictions on | |
abstraction etc) shall cease to have effect. | |
33 Application of certain water resources provisions to this Act | 30 |
(1) The relevant WRA provisions apply to (or in relation to) the following sections | |
of this Act (the “applicable sections”) as they apply to (or in relation to) Part 2 | |
or, as the case may be, Chapter 2 of Part 2 of the WRA— | |
(a) section 3 (existing impounding works), | |
(b) section 4 (existing impounding works: works notices), and | 35 |
(c) section 10 (orders under section 33 of the WRA, etc). | |
(2) Accordingly, in the relevant WRA provisions— | |
(a) references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be | |
read as if the applicable sections were included in that Part or that | |
Chapter, | 40 |
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| |
(b) references to the related water resources provisions are to be read as if | |
those provisions meant, in relation to the applicable sections, the | |
relevant WRA provisions other than section 222 of the WRA, and | |
(c) references to the Secretary of State are to be read as references to the | |
appropriate authority (as defined, in each case, in the applicable section | 5 |
in question). | |
(3) The “relevant WRA provisions” are the following provisions of the WRA— | |
(a) section 120 (contributions between the Agency and certain other | |
authorities), | |
(b) section 158 (works agreements for water resources purposes), | 10 |
(c) section 201 (power to require information in respect of water resources | |
functions), as substituted by section 70 of this Act, | |
(d) section 216 (enforcement: powers and duties), | |
(e) section 222 (Crown application), as in force immediately before the | |
substitution made by paragraph 2(4) of Schedule 21 to the Environment | 15 |
Act 1995 (c. 25) and for so long as the substituted section 222 does not | |
apply to Part 2 of the WRA. | |
(4) Section 220 of the WRA (provisions relating to service of documents) applies to | |
documents required or authorised by virtue of any of the applicable sections to | |
be served on any person as it applies to documents required or authorised to | 20 |
be served by virtue of the WRA. | |
(5) References in the WRA to the functions (generally) of the Environment Agency | |
are to be read as including the Agency’s functions under the applicable | |
sections. | |
Part 2 | 25 |
New regulatory arrangements, etc | |
Establishment, etc of new bodies | |
34 Water Services Regulation Authority | |
(1) After section 1 of the Water Industry Act 1991 (c. 56) (in this Act referred to as | |
the “WIA”) there is inserted— | 30 |
“1A Water Services Regulation Authority | |
(1) There shall be a body corporate to be known as the Water Services | |
Regulation Authority (in this Act referred to as “the Authority”) for the | |
purpose of carrying out the functions conferred on or transferred to it | |
by this Act or under or by virtue of any other enactment. | 35 |
(2) The functions of the Authority are performed on behalf of the Crown. | |
(3) Schedule 1A to this Act shall have effect with respect to the Authority. | |
(4) In Welsh the Authority may be known as “Awdurdod Rheoleiddio | |
Gwasanaethau Dˆwr”.” | |
(2) Schedule 1 (which inserts the new Schedule 1A into the WIA) is to have effect. | 40 |
(3) The office of Director General of Water Services is abolished. | |
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(4) Section 1 of, and Schedule 1 to, the WIA (which make provision in relation to | |
the Director General of Water Services) shall cease to have effect. | |
35 Consumer Council for Water | |
(1) After section 27 of the WIA there is inserted— | |
“The Consumer Council for Water | 5 |
27A Establishment of the Council and committees | |
(1) There shall be a body corporate to be known as the Consumer Council | |
for Water (in this Act referred to as “the Council”) for the purpose of | |
carrying out the functions of the Council under this Act. | |
(2) In Welsh the Council may be known as “Cyngor Defnyddwyr Dˆwr”. | 10 |
(3) The Council shall not be regarded as a servant or agent of the Crown or | |
as enjoying any status, immunity or privilege of the Crown. | |
(4) The Council shall establish such committees of the Council— | |
(a) as the Assembly may direct, for relevant undertakers whose | |
areas are wholly or mainly in Wales; and | 15 |
(b) as the Secretary of State may direct, for other relevant | |
undertakers. | |
(5) A direction under subsection (4) above may provide for the allocation | |
of each relevant undertaker to a committee specified in the direction. | |
(6) The power to give a direction under subsection (4) above may not be | 20 |
exercised after the end of the period of six months beginning with the | |
commencement of section 35 of the Water Act 2003. | |
(7) After the end of the period mentioned in subsection (6) above the | |
Council may (subject to paragraph 11 of Schedule 3A to this Act)— | |
(a) establish such committees for relevant undertakers as it | 25 |
considers appropriate; or | |
(b) alter the allocation of a relevant undertaker to a committee | |
established under this section. | |
(8) The Council shall ensure that each relevant undertaker is allocated to a | |
committee established under this section. | 30 |
(9) A committee established under this section is referred to in this Act as | |
a “regional committee”. | |
(10) The purposes of a regional committee shall be— | |
(a) the provision of advice and information to the Council on | |
consumer matters affecting the areas of the relevant | 35 |
undertakers allocated to that committee; | |
(b) such other purposes as the Council may determine. | |
(11) The provisions of Schedule 3A to this Act (which makes further | |
provision about the Council and regional committees) shall have effect. | |
(12) In the exercise of its functions the Council shall have regard, where | 40 |
relevant, to any benefits to consumers from the achievement of | |
sustainable development. | |
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(13) In this Chapter— | |
“consumers” includes both existing and future consumers; | |
“the interests of consumers” means the interests of consumers in | |
relation to— | |
(a) the supply of water by means of a water undertaker’s | 5 |
supply system to premises either by water undertakers | |
or by licensed water suppliers acting in their capacity as | |
such; and | |
(b) the provision of sewerage services by sewerage | |
undertakers; and | 10 |
“consumer matter” means any matter connected with the interests | |
of consumers. | |
27B Co-operation between Council and other authorities | |
(1) This section imposes duties on— | |
(a) the Authority and the Council; | 15 |
(b) the Council and the Secretary of State; and | |
(c) the Council and the Assembly. | |
(2) It shall be the duty of the bodies mentioned in each paragraph of | |
subsection (1) above to make arrangements with a view to securing— | |
(a) co-operation and the exchange of information between them; | 20 |
and | |
(b) the consistent treatment of matters which affect both of them. | |
(3) As soon as practicable after agreement is reached on any arrangements | |
required by this section, the parties shall prepare a memorandum | |
setting them out. | 25 |
(4) Arrangements under this section shall be kept under review by the | |
parties. | |
(5) As soon as practicable after agreement is reached on any changes to | |
arrangements under this section, the parties shall revise their | |
memorandum. | 30 |
(6) Parties to arrangements required by this section shall send a copy of | |
their memorandum, and any revised memorandum, to each other | |
person mentioned in subsection (1) above who is not a party to the | |
arrangements set out in the memorandum (or revised memorandum). | |
(7) The Secretary of State shall lay a copy of every memorandum or revised | 35 |
memorandum under this section before each House of Parliament.” | |
(2) Schedule 2 (which inserts the new Schedule 3A into the WIA) is to have effect. | |
(3) The customer service committees established under section 28(1) of the WIA | |
are abolished. | |
(4) Section 28 of, and Schedule 4 to, the WIA shall cease to have effect. | 40 |
36 Transfer to Authority and Council of functions, property etc | |
(1) The functions of the Director General of Water Services are transferred to the | |
Water Services Regulation Authority. | |
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(2) Subject to any express amendment made by this Act, each reference to the | |
Director General of Water Services (or to him as the Director) in the WIA | |
(however the reference is expressed) is to have effect as a reference to the Water | |
Services Regulation Authority (or, as the case may be, the Authority), and | |
accordingly in the WIA “he”, “him” and cognate expressions, in relation to the | 5 |
Director General of Water Services, are to have effect as “it” (or the appropriate | |
equivalent) in relation to the Water Services Regulation Authority. | |
(3) The Secretary of State may make one or more schemes (“transfer schemes”) for | |
the transfer of the property, rights and liabilities of the Director General of | |
Water Services to the Water Services Regulation Authority (referred to below | 10 |
in this Part as “the Authority”) or to the Consumer Council for Water (referred | |
to below in this Part as “the Council”). | |
(4) A transfer scheme may provide for the transfer to the Council of rights and | |
liabilities relating to persons employed in the civil service of the state. | |
(5) On the day appointed by a transfer scheme, the property, rights and liabilities | 15 |
which are the subject of the scheme shall, by virtue of this subsection, be | |
transferred in accordance with the provisions of the scheme. | |
(6) Schedule 3 is to have effect in relation to transfer schemes and transfers under | |
this section. | |
37 Conditions relating to costs of water regulation | 20 |
(1) In this section “payment conditions” means conditions included in an | |
appointment under Chapter 1 of Part 2 of the WIA by virtue of section 11(1)(c) | |
of that Act. | |
(2) The payment conditions of such an appointment may (without prejudice to the | |
generality of section 11(1)(c)) require the payment by the company holding the | 25 |
appointment of sums relating to any of the expenses mentioned in subsection | |
(3). | |
(3) Those expenses are— | |
(a) the expenses of the Council, and | |
(b) the expenses of the Authority, the Secretary of State or the Assembly in | 30 |
relation to the establishment of the Council. | |
(4) The Authority may, in accordance with this section, modify any payment | |
conditions where it considers it necessary or expedient to do so in consequence | |
of, or of preparations for— | |
(a) the establishment of the Council, or | 35 |
(b) the abolition of the customer service committees established under | |
section 28(1) of the WIA. | |
(5) Where the Authority modifies under subsection (4) any payment conditions of | |
an appointment it may make such incidental or consequential modifications as | |
it considers necessary or expedient of the other conditions included in the | 40 |
appointment. | |
(6) Before modifying under subsection (4) or (5) the conditions included in such an | |
appointment, the Authority shall consult the company holding the | |
appointment. | |
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(7) The powers of the Authority under subsections (4) and (5) may not be exercised | |
after the end of the period of two years beginning with the commencement of | |
this section. | |
(8) The Secretary of State may, after consulting the Assembly, give directions to | |
the Authority for the purpose of securing that sums relating to any of the | 5 |
expenses mentioned in subsection (3) are included in the sums payable by | |
virtue of payment conditions; and the Authority shall comply with any such | |
direction. | |
(9) If this section comes into force before the coming fully into force of section | |
36(1), references in this section to the Authority are to be read as including | 10 |
references to the Director General of Water Services. | |
38 Forward work programmes and annual reports | |
(1) Before section 193 of the WIA there is inserted— | |
“192A Forward work programmes | |
(1) The Authority and the Council shall, before each financial year, each | 15 |
publish a document (the “forward work programme”) containing a | |
general description of the projects, other than those comprising routine | |
activities in the exercise of its functions, which it plans to undertake | |
during the year. | |
(2) That description must include the objectives of each project. | 20 |
(3) The forward work programme for any year shall also include an | |
estimate of the overall expenditure which the Authority or the Council | |
expects to incur during the year in the exercise of its functions. | |
(4) Before publishing the forward work programme for any year, the | |
Authority or the Council shall give notice— | 25 |
(a) containing a draft of the forward work programme; and | |
(b) specifying the time within which representations or objections | |
to the proposals contained in it may be made, | |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | 30 |
(5) The notice under subsection (4) above must be published by the | |
Authority or the Council in such manner as it considers appropriate for | |
the purpose of bringing the matters contained in it to the attention of | |
persons likely to be affected by them. | |
(6) The Authority must send a copy of any notice given by it under | 35 |
subsection (4) above to the Council, the Secretary of State and the | |
Assembly. | |
(7) The Council must send a copy of any notice given by it under | |
subsection (4) above to the Authority, the Secretary of State and the | |
Assembly. | 40 |
192B Annual and other reports | |
(1) The Authority shall, as soon as practicable after the end of each | |
financial year, make to the Secretary of State a report (the “annual | |
report” for that year) on— | |
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