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Water Bill [HL]


Water Bill [HL]
Schedule 1 — The Water Services Regulation Authority

 121

 

Schedules

Schedule 1

Section 33

 

The Water Services Regulation Authority

                    After Schedule 1 to the WIA there is inserted—

“Schedule 1A

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The Water Services Regulation Authority

Membership

          1                (1)               The Authority shall consist of a chairman, and at least two other

members, appointed by the Secretary of State.

                           (2)               The Secretary of State shall consult—

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                      (a)                     the Assembly, before appointing any member; and

                      (b)                     the chairman, before appointing any other member.

Terms of appointment, remuneration, pensions etc

          2                (1)               Subject to this Schedule, the chairman and other members of the

Authority shall hold and vacate office as such in accordance with

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the terms of their respective appointments.

                           (2)               Their terms of appointment shall be determined by the Secretary

of State.

          3                (1)               An appointment of a person to hold office as chairman or as one

of the other members of the Authority shall be for a term not

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exceeding five years.

                           (2)               A person holding office as chairman or other member—

                      (a)                     may resign that office by giving notice in writing to the

Secretary of State; and

                      (b)                     may be removed from office by the Secretary of State on

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the ground of incapacity or misbehaviour.

                           (3)               The Secretary of State shall consult the Assembly before removing

from office a person holding office as chairman or other member.

                           (4)               A previous appointment as chairman or other member does not

affect a person’s eligibility for appointment to either office.

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          4                (1)               The Authority shall pay to its chairman and its other members

such remuneration, and such travelling and other allowances, as

may be determined by the Secretary of State.

 

 

Water Bill [HL]
Schedule 1 — The Water Services Regulation Authority

    122

 

                           (2)               The Authority shall, if required to do so by the Secretary of State—

                      (a)                     pay such pension, allowances or gratuities as may be

determined by the Secretary of State to or in respect of a

person who is or has been the chairman or a member of the

Authority; or

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                      (b)                     make such payments as may be so determined towards

provision for the payment of a pension, allowances or

gratuities to or in respect of such a person.

                           (3)               If the Secretary of State determines that there are special

circumstances which make it right for a person ceasing to hold

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office as chairman or other member of the Authority to receive

compensation, the Authority shall pay to him a sum by way of

compensation of such amount as may be determined by the

Secretary of State.

Staff

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          5                 The Authority may, with the approval of the Minister for the Civil

Service as to numbers and terms and conditions of service,

appoint such staff as it may determine.

Committees

          6                (1)               The Authority may establish committees and any committee of the

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Authority may establish sub-committees.

                           (2)               The members of a committee of the Authority may include

persons who are not members of the Authority (and the members

of a sub-committee may include persons who are not members of

the committee or the Authority).

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Proceedings etc

          7                (1)               The Authority may regulate its own procedure.

                           (2)               The validity of anything done by the Authority is not affected by

a vacancy among its members or by a defect in the appointment of

a member.

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          8                 A document purporting to be duly executed under the seal of the

Authority, or signed on its behalf, shall be received in evidence

and, unless the contrary is proved, shall be taken to be so executed

or signed.

Code of Practice

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          9                (1)               The Authority shall prepare, and may revise, a code of practice

governing the discharge by it of its functions.

                           (2)               The Authority shall, in exercising its functions, have regard to the

provisions of the code.

                           (3)               In preparing or revising the code, the Authority shall consult—

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                      (a)                     the Secretary of State;

                      (b)                     the Assembly;

                      (c)                     the Environment Agency;

 

 

Water Bill [HL]
Schedule 2 — The Consumer Council for Water

    123

 

                      (d)                     the Council;

                      (e)                     relevant undertakers;

                      (f)                     licensed water suppliers; and

                      (g)                     such other persons as the Authority considers appropriate.

                           (4)               The Authority shall publish in such manner as it considers

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appropriate the code as for the time being in force.

Performance of functions

          10               (1)               Anything authorised or required to be done by the Authority may

be done by—

                      (a)                     any member or employee of the Authority who is

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authorised for that purpose by the Authority, whether

generally or specially;

                      (b)                     any committee of the Authority which has been so

authorised.

                           (2)               The Authority may not so authorise a committee whose members

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include any person who is not a member or employee of the

Authority.

Payments to the Authority

          11                The Secretary of State shall make payments out of money

provided by Parliament to the Authority of such amounts, at such

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times and on such conditions (if any) as he considers appropriate.

Supplementary powers

          12               (1)               The Authority has power to do anything which is calculated to

facilitate, or is conducive or incidental to, the performance of its

functions.

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                           (2)               That power includes the formation of advisory bodies.”

Schedule 2

Section 34

 

The Consumer Council for Water

           After Schedule 3 to the WIA there is inserted—

“Schedule 3A

30

The Consumer Council for Water

Membership of Council

          1                (1)               The Council shall consist of—

                      (a)                     a chairman appointed by the Secretary of State;

                      (b)                     one other member appointed by the Assembly; and

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Water Bill [HL]
Schedule 2 — The Consumer Council for Water

    124

 

                      (c)                     such other members as may be appointed by the Secretary

of State.

                           (2)               The Secretary of State shall consult the Assembly before

appointing the chairman.

                           (3)               The Secretary of State and the Assembly shall consult the

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chairman before appointing any other member.

                           (4)               An appointment under this paragraph shall be for a term not

exceeding five years.

                           (5)               In appointing persons under this paragraph the Secretary of State

and the Assembly shall have regard to the desirability of including

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among the members one or more persons who—

                      (a)                     have experience of work among, and the special needs of,

disabled persons; or

                      (b)                     have or have had a disability.

          2                (1)               A person holding office as chairman or other member may resign

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that office by giving notice to the Secretary of State (in the case of

a member appointed by him), or to the Assembly (in the case of a

member appointed by the Assembly).

                           (2)               The Secretary of State may remove any person appointed by him

from office as chairman or other member on the ground of

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incapacity or misbehaviour.

                           (3)               The Secretary of State shall consult the Assembly before removing

any person appointed by him as chairman.

                           (4)               The Assembly may remove any person appointed by it from office

as member on the ground of incapacity or misbehaviour.

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                           (5)               Otherwise, the chairman and other members shall hold and vacate

office as such in accordance with the terms of their respective

appointments.

                           (6)               A previous appointment as chairman or other member does not

affect a person’s eligibility for appointment to either office.

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Terms of appointment, remuneration, pensions etc

          3                 The Council shall pay to the chairman and other members of the

Council such remuneration, and such travelling and other

allowances, as the Secretary of State may determine.

          4                (1)               If the Secretary of State so determines in the case of any holder of

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the office of chairman or other member, the Council shall pay—

                      (a)                     such pension, allowance or gratuity to or in respect of him,

or

                      (b)                     such contributions or payments towards provision for

such a pension, allowance or gratuity,

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                                                               as the Secretary of State may determine.

                           (2)               If, when any person ceases to hold office as chairman or other

member, the Secretary of State determines that there are special

circumstances which make it right that he should receive

compensation, the Council shall pay to him a sum by way of

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Water Bill [HL]
Schedule 2 — The Consumer Council for Water

    125

 

                           (2)               compensation of such amount as may be determined by the

Secretary of State.

Members appointed by Assembly

          5                 In relation to any member of the Council appointed by the

Assembly, the matters mentioned in paragraphs 3 and 4 above

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shall be determined by the Assembly instead of by the Secretary of

State.

Staff

          6                (1)               The Council shall, with the approval of the Secretary of State,

appoint a principal officer on such terms of employment as it may,

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with that approval, determine.

                           (2)               The Council may, with the approval of the Secretary of State as to

numbers and terms of employment, appoint such other employees

as it may determine.

                           (3)               The persons to whom section 1 of the Superannuation Act 1972

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(persons to or in respect of whom benefits may be provided by

schemes under that section) applies shall include employees of the

Council.

                           (4)               The Council shall pay to the Minister for the Civil Service, at such

times as he may direct, such sums as he may determine in respect

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of any increase attributable to sub-paragraph (3) above in the

sums payable out of money provided by Parliament under the

Superannuation Act 1972.

Annual reports

          7                (1)               As soon as practicable after the end of each financial year the

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Council shall report to the Secretary of State on its activities during

the year.

                           (2)               The annual report for each year shall include a report on the

progress of the projects described in the Council’s forward work

programme for that year.

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                           (3)               In making any report under this paragraph the Council shall not

include any information which relates to the affairs of a particular

individual or body of persons (corporate or unincorporate) unless

one or more of paragraphs (a) to (c) of sub-paragraph (4) below

applies to the information.

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                           (4)               Information relating to a particular individual or body may be

included in the report if—

                      (a)                     that individual or body has consented to its inclusion;

                      (b)                     it is information that is available to the public from some

other source; or

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                      (c)                     it is not information the publication of which would or

might, in the opinion of the Council, seriously and

prejudicially affect the interests of that individual or body.

 

 

Water Bill [HL]
Schedule 2 — The Consumer Council for Water

    126

 

                           (5)               Before deciding to include any information relating to a particular

individual or body in pursuance of sub-paragraph (4)(c) above,

the Council shall—

                      (a)                     consult that person or body; and

                      (b)                     have regard to any opinion expressed by the Authority as

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to the application of sub-paragraph (4)(c) above to the

information or as to the desirability or otherwise of its

publication,

                                                               and paragraph (b) applies whether the opinion is given in relation

to information itself or to information of a description which

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applies to that information.

                           (6)               In making any report under this paragraph the Council shall not

include any information which it considers relates to any matter

which is, or is likely to be, the subject of criminal proceedings.

                           (7)               In considering whether information relates to any matter as

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mentioned in sub-paragraph (6) above, the Council shall have

regard to any opinion expressed (whether in relation to the

information itself or to information of a description which applies

to that information) by the Secretary of State, the Assembly or the

Director of Public Prosecutions.

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                           (8)               The Secretary of State shall lay a copy of each annual report of the

Council before each House of Parliament.

                           (9)               The Council shall send a copy of each annual report to the

Authority and the Assembly and shall arrange for the report to be

published in such further manner as it considers appropriate.

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Financial provisions and accounts

          8                (1)               It shall be the duty of the Council to comply with any notice given

by the Secretary of State requiring it to perform duties of a

financial nature specified in the notice.

                           (2)               The Secretary of State shall consult the Assembly before giving

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any notice to the Council under sub-paragraph (1) above.

          9                (1)               The Council shall prepare, in respect of each financial year, a

statement of accounts giving a true and fair view of the state of

affairs and the income and expenditure of the Council.

                           (2)               The statement of accounts shall comply with any requirement

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which the Secretary of State has notified to the Council.

                           (3)               The Council shall, within such period after the end of the financial

year to which it relates as the Secretary of State may specify by

notice given to the Council, send copies of each statement of

accounts of the Council to—

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                      (a)                     the Secretary of State and the Assembly; and

                      (b)                     the Comptroller and Auditor General.

                           (4)               The Comptroller and Auditor General shall—

                      (a)                     examine, certify and report on every statement sent to him

under sub-paragraph (3) above; and

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                      (b)                     lay a copy of the statement and of his report before each

House of Parliament.

 

 

Water Bill [HL]
Schedule 2 — The Consumer Council for Water

    127

 

          10                The Secretary of State and the Assembly shall pay to the Council

such sums as he or it thinks fit to enable it to meet its expenses.

Regional committees

          11               (1)               The Council shall not establish or abolish a regional committee, or

alter the allocation of a relevant undertaker to a regional

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committee, without the approval of the appropriate authority.

                           (2)               If the Council proposes to do anything mentioned in sub-

paragraph (1) above it shall, after consulting the appropriate

authority, give notice—

                      (a)                     describing its proposals; and

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                      (b)                     specifying the time from the date of the notice (not being

less than two months) within which representations may

be made with respect to the proposals;

                                                               and shall consider any representations that are duly made and not

withdrawn.

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                           (3)               A notice under sub-paragraph (2) above shall be given by

publishing it in such manner as the Council considers appropriate

for bringing the proposals to the attention of those likely to be

affected.

                           (4)               An appropriate authority shall not give its approval under sub-

20

paragraph (1) above until after the time specified in the notice

under sub-paragraph (2) above.

          12               (1)               A regional committee of the Council shall consist of—

                      (a)                     a chairman appointed by the appropriate authority;

                      (b)                     such other members as the Council may appoint.

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                           (2)               Any regional committee may establish sub-committees.

                           (3)               The members of a regional committee of the Council may include

persons who are not members of the Council (and the members of

a sub-committee of the committee may include persons who are

not members of the committee or the Council).

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                           (4)               In appointing members of a regional committee the Council shall

take account of any guidance given to them by the appropriate

authority.

                           (5)               The Council may pay to the chairman and other members of a

regional committee, or a sub-committee, such remuneration, and

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such travelling and other allowances, as the appropriate authority

may determine.

          13               (1)               If the appropriate authority so determines in the case of any holder

of the office of chairman or other member of a regional committee,

or of any sub-committee of a regional committee, the Council shall

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pay—

                      (a)                     such pension, allowance or gratuity to or in respect of him;

or

                      (b)                     such contributions or payments towards provision for

such a pension, allowance or gratuity,

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                                             as the appropriate authority may determine.

 

 

 
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