|
| |
| |
Penalties | |
60 Abstraction and impounding offences | |
(1) In each of sections 24(5)(a) and 25(3)(a) of the WRA (which deal with the | |
penalty on summary conviction for offences relating to abstraction and | |
impounding of water respectively), for “the statutory maximum” there is | 5 |
substituted “£20,000”. | |
(2) Subsection (1) does not have effect in relation to any offence committed before | |
the commencement of this section. | |
61 Supplying water unfit for human consumption | |
(1) In section 70(1)(a) of the WIA (which provides for the penalty on summary | 10 |
conviction for the offence of supplying water unfit for human consumption), | |
for “the statutory maximum” there is substituted “£20,000”. | |
(2) Subsection (1) does not have effect in relation to any offence committed before | |
the commencement of this section. | |
Water resources management plans | 15 |
62 Water resources management plans | |
After section 37 of the WIA there is inserted— | |
“37A Water resources management plans: preparation and review | |
(1) It shall be the duty of each water undertaker to prepare and maintain a | |
water resources management plan. | 20 |
(2) A water resources management plan is a plan for how the water | |
undertaker will manage and develop water resources so as to be able, | |
and continue to be able, to meet its obligations under and in accordance | |
with this Part. | |
(3) A water resources management plan shall address in particular— | 25 |
(a) the water undertaker’s estimate of the quantities of water | |
required to meet those obligations; | |
(b) the measures which the water undertaker intends to take or | |
continue for the purpose set out in subsection (2) above (also | |
taking into account for that purpose the introduction of water | 30 |
into the undertaker’s supply system by or on behalf of licensed | |
water suppliers); | |
(c) the likely sequence and timing for implementing those | |
measures; and | |
(d) such other matters as the Secretary of State may specify in | 35 |
directions. | |
(4) The procedure for preparing a water resources management plan | |
(including a revised plan) is set out in section 37B below. | |
(5) Before each anniversary of the date when its plan (or revised plan) was | |
last published, the water undertaker shall — | 40 |
(a) review its plan; and | |
| |
| |
|
| |
| |
(b) send a statement of the conclusions of its review to the Secretary | |
of State. | |
(6) The water undertaker shall prepare a revised plan in each of the | |
following cases— | |
(a) following conclusion of its annual review, if the review | 5 |
indicated a material change of circumstances; | |
(b) if directed to do so by the Secretary of State; | |
(c) in any event, not later than the end of the period of five years | |
beginning with the date when the plan (or revised plan) was last | |
published, | 10 |
and shall follow the procedure in section 37B below (whether or not the | |
revised plan prepared by the undertaker includes any proposed | |
alterations to the previous plan). | |
(7) The Secretary of State may give directions specifying— | |
(a) the form which a water resources management plan must take; | 15 |
(b) the planning period to which a water resources management | |
plan must relate. | |
(8) Before preparing its water resources management plan (including a | |
revised plan), the water undertaker shall consult— | |
(a) the Environment Agency; | 20 |
(b) the Authority; | |
(c) the Secretary of State; and | |
(d) any licensed water supplier which supplies water to premises in | |
the undertaker’s area via the undertaker’s supply system. | |
(9) The Secretary of State shall consult the Environment Agency before | 25 |
giving a direction under subsection (6)(b) above. | |
(10) In this section, in relation to a water resources management plan, | |
“published” means published in accordance with section 37B(8)(a) | |
below. | |
37B Water resources management plans: publication and representations | 30 |
(1) A water undertaker shall— | |
(a) send a draft water resources management plan to the Secretary | |
of State; | |
(b) state whether it appears to the undertaker that any information | |
contained in that plan is or might be commercially confidential | 35 |
(as regards itself or another person); and | |
(c) give the Secretary of State the name of each such other person | |
and his address for service of a notice under subsection (2)(a) | |
below. | |
(2) If the water undertaker states that it so appears in relation to any such | 40 |
information, the Secretary of State shall— | |
(a) if the person to whom or to whose business the information | |
relates is not the water undertaker, give that person notice that | |
the information is included in a draft water resources | |
management plan and, unless subsection (10) below applies, is | 45 |
required to be published under this section; and | |
| |
| |
|
| |
| |
(b) give each person (including the water undertaker) to whom any | |
such information relates a reasonable opportunity— | |
(i) of objecting to the publication of the information | |
relating to him on the ground that it is commercially | |
confidential; and | 5 |
(ii) of making representations to the Secretary of State for | |
the purpose of justifying any such objection, | |
and shall determine, taking any objections and representations under | |
paragraph (b) into account, whether the information is or is not | |
commercially confidential. | 10 |
(3) A water undertaker shall— | |
(a) (subject to subsection (10) below) publish the draft water | |
resources management plan in the prescribed way or, if no way | |
is prescribed, in a way calculated to bring it to the attention of | |
persons likely to be affected by it; | 15 |
(b) publish with it a statement— | |
(i) whether any information has been excluded from the | |
published draft plan by virtue of subsection (10) below | |
and, if it has, the general nature of that information; and | |
(ii) that any person may make representations in writing | 20 |
about the plan to the Secretary of State before the end of | |
a period specified in the statement; and | |
(c) send a copy of the published draft plan and accompanying | |
statement to such persons (if any) as may be prescribed. | |
(4) The Secretary of State shall send to the water undertaker a copy of any | 25 |
representations he receives following publication of the draft plan | |
under subsection (3) above and shall give it a reasonable period of time | |
within which to comment on the representations. | |
(5) The Secretary of State may in regulations prescribe how such | |
representations and any comments by the water undertaker on them | 30 |
are to be dealt with. | |
(6) Regulations under subsection (5) above— | |
(a) may provide for the Secretary of State to cause an inquiry or | |
other hearing to be held in connection with the draft water | |
resources management plan; and | 35 |
(b) if they do so provide, may provide for subsections (2) to (5) of | |
section 250 of the Local Government Act 1972 (local inquiries: | |
evidence and costs) to apply with prescribed modifications to | |
such an inquiry or hearing as they apply to inquiries under that | |
section. | 40 |
(7) The Secretary of State may direct a water undertaker that its water | |
resources management plan must differ from the draft sent to him | |
under subsection (1) above in ways specified in his direction, and | |
(subject to subsection (9) below) it shall be the duty of the water | |
undertaker to comply with the direction. | 45 |
(8) The water undertaker shall— | |
(a) (subject to subsection (10) below) publish the water resources | |
management plan in the prescribed way or, if no way is | |
| |
| |
|
| |
| |
prescribed, in a way calculated to bring it to the attention of | |
persons likely to be affected by it; and | |
(b) publish with it a statement whether any information has been | |
excluded from the published plan by virtue of subsection (10) | |
below and, if it has, the general nature of that information. | 5 |
(9) If the water undertaker considers that publishing a water resources | |
management plan complying with a direction under subsection (7) | |
above would mean including in the published plan any information | |
(other than any information in relation to which the Secretary of State | |
has already made a determination under subsection (2) above) which | 10 |
might be commercially confidential (as regards itself or another | |
person)— | |
(a) the water undertaker shall send the Secretary of State a notice | |
saying so, and giving the Secretary of State the name of any such | |
other person and his address for service of a notice under | 15 |
subsection (2)(a) above as applied by paragraph (b) below; and | |
(b) subsection (2) above shall apply in relation to that information | |
as it applies in relation to the information referred to there; | |
and the Secretary of State may either confirm his direction under | |
subsection (7) above (which is to be treated as a new direction under | 20 |
subsection (7)) or revoke the previous such direction (or the previous | |
one so treated) and give a new one. | |
(10) The published version of a draft water resources management plan | |
published under subsection (3)(a) above, and a water resources | |
management plan published under subsection (8)(a) above, shall | 25 |
exclude any information which the Secretary of State— | |
(a) has determined under subsection (2) above (or that subsection | |
as applied by subsection (9) above) is commercially | |
confidential; or | |
(b) directs the water undertaker to exclude on the ground that it | 30 |
appears to him that its publication would be contrary to the | |
interests of national security. | |
(11) Any steps to be taken by a water undertaker under this section shall be | |
completed by such time or within such period as the Secretary of State | |
may direct. | 35 |
37C Water resources management plans: provision of information | |
(1) It shall be the duty of each licensed water supplier to provide the water | |
undertaker with such information as the water undertaker may | |
reasonably request for the purposes of preparing or revising its water | |
resources management plan. | 40 |
(2) In the event of any dispute between a water undertaker and a licensed | |
water supplier as to the reasonableness of the water undertaker’s | |
request under subsection (1) above, either party may refer the matter | |
for determination by the Secretary of State, and any such determination | |
shall be final. | 45 |
(3) For the purposes of paragraph (b) of section 37B(1) above, the water | |
undertaker shall identify in its statement under that paragraph any | |
information— | |
| |
| |
|
| |
| |
(a) provided by a licensed water supplier pursuant to subsection | |
(1) above; and | |
(b) contained in the water undertaker’s draft water resources | |
management plan, | |
which the licensed water supplier has (at the time of providing it to the | 5 |
water undertaker) specifically identified as being, in the licensed water | |
supplier’s opinion, commercially confidential. | |
(4) The water undertaker shall not use any unpublished information save | |
for the purpose of facilitating the performance by it of any of the duties | |
imposed on it by or under this Act, any of the other consolidation Acts | 10 |
or the Water Act 1989. | |
(5) In subsection (4) above— | |
(a) “unpublished information” means confidential information | |
which— | |
(i) is provided to the water undertaker by a licensed water | 15 |
supplier under this section; | |
(ii) relates to the affairs of any individual or to any | |
particular business; and | |
(iii) by virtue of section 37B above, is not published; | |
(b) “the other consolidation Acts” has the same meaning as in | 20 |
section 206 below. | |
37D Water resources management plans: supplementary | |
(1) Directions given under section 37A or 37B above may be— | |
(a) general directions applying to all water undertakers; or | |
(b) directions applying only to one or more water undertakers | 25 |
specified in the directions, | |
and shall be given by an instrument in writing. | |
(2) It shall be the duty of each water undertaker to whom directions apply | |
to comply with the directions. | |
(3) The duties of— | 30 |
(a) a water undertaker under sections 37A to 37C above and under | |
this section; and | |
(b) a licensed water supplier under section 37C above, | |
shall be enforceable by the Secretary of State under section 18 above.” | |
Drought | 35 |
63 Drought plans | |
After section 39A of the WIA there is inserted— | |
“39B Drought plans: preparation and review | |
(1) It shall be the duty of each water undertaker to prepare and maintain a | |
drought plan. | 40 |
(2) A drought plan is a plan for how the water undertaker will continue, | |
during a period of drought, to discharge its duties to supply adequate | |
quantities of wholesome water, with as little recourse as reasonably | |
| |
| |
|
| |
| |
possible to drought orders or drought permits under Chapter 3 of Part | |
2 of the Water Resources Act 1991. | |
(3) The duties referred to in subsection (2) above include in particular | |
those imposed under or by virtue of— | |
(a) section 37 above; | 5 |
(b) sections 67 to 69 below. | |
(4) A drought plan shall address, in particular, the following matters— | |
(a) what measures the water undertaker might need to take to | |
restrain the demand for water within its area; | |
(b) what measures the water undertaker might need to take to | 10 |
obtain extra water from other sources (also taking into account | |
for that purpose the introduction of water into the undertaker’s | |
supply system by or on behalf of licensed water suppliers); | |
(c) how the water undertaker will monitor the effects of the | |
drought and of the measures taken under the drought plan; | 15 |
(d) such other matters as the Secretary of State may specify in | |
directions. | |
(5) Section 37B above (water resources management plans: publication | |
and representations), including any power in that section to make | |
regulations or give directions, applies in relation to drought plans | 20 |
(including revised plans) as it applies in relation to water resources | |
management plans. | |
(6) Each water undertaker shall review (or further review) its drought plan | |
and prepare a revised plan in each of the following cases— | |
(a) if there is a material change of circumstances; | 25 |
(b) if directed to do so by the Secretary of State; | |
(c) in any event, not later than the end of the period of three years | |
beginning with the date when the plan (or revised plan) was last | |
published in accordance with section 37B(8)(a) above as applied | |
by subsection (5) above, | 30 |
and shall follow the procedure in section 37B above as applied by | |
subsection (5) above (whether or not the revised plan prepared by the | |
undertaker includes any proposed alterations to the previous plan). | |
(7) Before preparing its drought plan (including a revised plan), the water | |
undertaker shall consult— | 35 |
(a) the Environment Agency; | |
(b) the Authority; | |
(c) the Secretary of State; and | |
(d) any licensed water supplier which supplies water to premises in | |
the undertaker’s area via the undertaker’s supply system. | 40 |
(8) The Secretary of State may give directions specifying the form which a | |
drought plan must take. | |
(9) Directions given under this section (including directions given under | |
section 37B above as applied by subsection (5) above) may be— | |
(a) general directions applying to all water undertakers; or | 45 |
(b) directions applying only to one or more water undertakers | |
specified in the directions, | |
and shall be given by an instrument in writing. | |
| |
| |
|
| |
| |
(10) It shall be the duty of each water undertaker to whom directions apply | |
to comply with the directions. | |
(11) The Secretary of State shall consult the Environment Agency before | |
giving a direction under subsection (6)(b) above. | |
(12) The duty of a water undertaker under this section shall be enforceable | 5 |
by the Secretary of State under section 18 above. | |
39C Drought plans: provision of information | |
(1) It shall be the duty of each licensed water supplier to provide the water | |
undertaker with such information as the water undertaker may | |
reasonably request for the purposes of preparing or revising its | 10 |
drought plan. | |
(2) In the event of any dispute between a water undertaker and a licensed | |
water supplier as to the reasonableness of the water undertaker’s | |
request under subsection (1) above, either party may refer the matter | |
for determination by the Secretary of State, and any such determination | 15 |
shall be final. | |
(3) For the purposes of paragraph (b) of section 37B(1) above as applied by | |
section 39B(5) above, the water undertaker shall identify in its | |
statement under that paragraph any information— | |
(a) provided by a licensed water supplier pursuant to subsection | 20 |
(1) above; and | |
(b) contained in the water undertaker’s draft drought plan, | |
which the licensed water supplier has (at the time of providing it to the | |
water undertaker) specifically identified as being, in the licensed water | |
supplier’s opinion, commercially confidential. | 25 |
(4) The water undertaker shall not use any unpublished information save | |
for the purpose of facilitating the performance by it of any of the duties | |
imposed on it by or under this Act, any of the other consolidation Acts | |
or the Water Act 1989. | |
(5) In subsection (4) above— | 30 |
(a) “unpublished information” means confidential information | |
which— | |
(i) is provided to the water undertaker by a licensed water | |
supplier under this section; | |
(ii) relates to the affairs of any individual or to any | 35 |
particular business; and | |
(iii) by virtue of section 37B above as applied by section | |
39B(5) above, is not published; | |
(b) “the other consolidation Acts” has the same meaning as in | |
section 206 below. | 40 |
(6) The duties of a licensed water supplier and a water undertaker under | |
this section shall be enforceable by the Secretary of State under section | |
18 above.” | |
64 Drought orders and drought permits: charges | |
(1) In section 77 of the WRA (provisions of drought order with respect to | 45 |
abstractions and discharges), subsection (4) is omitted. | |
| |
| |
|
