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Water Bill [HL]


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

    128

 

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

member of a regional committee, the appropriate authority

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 compensation of such amount as may be

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determined by the appropriate authority.

          14                In paragraphs 11 to 13 above the “appropriate authority” means—

                      (a)                     the Assembly, in relation to committees established (or

proposed to be established) for relevant undertakers

whose areas are wholly or mainly in Wales, to sub-

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committees of those committees, and to any relevant

undertaker whose area is wholly or mainly in Wales;

                      (b)                     the Secretary of State, in relation to committees established

(or proposed to be established) for other relevant

undertakers, to sub-committees of those committees, and

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to any other relevant undertaker.

Other committees

          15               (1)               The Council may establish committees other than regional

committees and any such committee may establish sub-

committees.

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                           (2)               The members of any such committee may include persons who are

not members of the Council (and the members of a sub-committee

may include persons who are not members of the relevant

committee or the Council).

                           (3)               The Council may pay to the chairman and other members of any

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

such travelling and other allowances, as the Secretary of State may

determine.

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

the office of chairman or other member of any such committee, or

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of any sub-committee of such a committee, 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 of any such committee, or of any sub-committee of such

a committee, the Secretary of State determines that there are

special circumstances which make it right that he should receive

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

compensation of such amount as may be determined by the

Secretary of State.

Performance of functions of the Council

          17                Anything authorised or required to be done by the Council may be

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done by any member or employee of the Council who, or any

 

 

Water Bill [HL]
Schedule 3 — Further provisions about transfers of functions, property etc

    129

 

          17                regional or other committee of the Council which, is authorised for

the purpose by the Council (whether generally or specially).

          18                The validity of anything done by the Council is not affected by a

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

a member.

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Supplementary powers

          19               (1)               The Council shall have power to do anything which is calculated

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

any of its functions.

                           (2)               That power includes, among other things, power to enter into

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agreements and to acquire and dispose of property.

                           (3)               The Council may make charges for facilities or services provided

by it at the request of any person.

First financial year of the Council

          20               (1)               If the period beginning with the day on which the Council is

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established and ending with the next 31st March is six months or

more, the first financial year of the Council is that period.

                           (2)               If the period mentioned in sub-paragraph (1) above is less than six

months, the first financial year of the Council is the period

beginning with the day on which the body is established and

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ending with 31st March in the following year.

Compensation for members of customer service committees

          21                The Authority may pay to any person who immediately before the

abolition by the Water Act 2003 of a customer service committee

established under section 28(1) of this Act is the chairman of that

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body such sums by way of compensation for loss of office, or loss

or diminution of pension rights, as the Secretary of State may

determine.”

Schedule 3

Section 35

 

Further provisions about transfers of functions, property etc

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Preliminary

  1        In this Schedule—

                    “transfer” means—

                    (a)                   a transfer of functions under section 35 to the Authority; or

                    (b)                   a transfer of property, rights and liabilities to the Authority or

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to the Council under section 35; and

                    “transfer scheme” means a transfer scheme under section 35.

 

 

Water Bill [HL]
Schedule 3 — Further provisions about transfers of functions, property etc

    130

 

Contents of transfer schemes

  2       (1)      The property, rights and liabilities which may be transferred by a transfer

scheme include property, rights and liabilities that would not otherwise be

capable of being transferred or assigned.

          (2)      The transfers authorised by sub-paragraph (1) include transfers which are to

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take effect as if there were no such contravention, liability or interference

with any interest or right as there would otherwise be by reason of any

provision having effect (whether under any enactment or agreement or

otherwise) in relation to the terms on which the transferor is entitled to the

property or right, or subject to the liability, in question.

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  3        A transfer scheme may define the property, rights and liabilities to be

transferred by specifying them or describing them or by referring to all (or

all except anything specified or described) of the property, rights and

liabilities comprised in a specified part of the undertaking of the transferor

(or partly in one way and partly in the other).

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  4        A transfer scheme may include such supplementary, incidental, transitional

and consequential provision as the Secretary of State considers appropriate.

Modification of transfer scheme after appointed day

  5       (1)      If, after the day appointed by a transfer scheme, the transferor and transferee

so agree in writing, the scheme shall for all purposes be deemed to have

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come into force on that day with such modifications as may be agreed.

          (2)      An agreement under this paragraph may, in connection with giving effect to

modifications to the scheme, include incidental, supplemental,

consequential and transitional provision.

          (3)      In this paragraph, “modifications” includes additions, alterations and

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omissions.

Effect of transfers

  6       (1)      Anything done by the transferor for the purpose of or in connection with

anything transferred which is in effect immediately before it is transferred

shall be treated as if done by the transferee.

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          (2)      A transfer does not affect the validity of anything done by or in relation to

the transferor before the transfer takes effect.

  7        There may be continued by or in relation to the transferee anything

(including legal proceedings) relating to anything transferred which is in the

process of being done by or in relation to the transferor immediately before

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it is transferred.

  8        The transferee shall be substituted for the transferor in any document

relating to anything transferred.

Continuity of employment, etc of transferred employees

  9        Where a person employed in the civil service of the state becomes an

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employee of the Council under a transfer scheme, his period of employment

in that service counts as a period of employment with the Council for the

purposes of the Employment Rights Act 1996 (c. 18) (and the change of

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    131

 

  9        employer does not break the continuity of the period of employment for

those purposes).

Schedule 4

Section 54

 

Licensing of water suppliers

  1        The WIA is amended as follows.

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  2        After Chapter 1 of Part 2 of the WIA there is inserted—

“Chapter 1A

Licensing of water suppliers

Granting of licences

       17A            Licensing of water suppliers

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              (1)             Subject to the following provisions of this Chapter—

                    (a)                   the Secretary of State; or

                    (b)                   with the consent of or in accordance with a general

authorisation given by the Secretary of State (after consulting

the Assembly), the Authority,

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                              may grant to a company a licence (a “water supply licence”) giving it

the retail authorisation referred to in subsection (2) below, or both

that and the supplementary authorisation referred to in subsection

(5) below.

              (2)             The retail authorisation is an authorisation to the company to use a

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water undertaker’s supply system for the purpose of supplying

water to the premises of customers of the company (subject to

subsection (3) below) in accordance with Chapter 2A of Part 3 of this

Act.

              (3)             The following requirements must be satisfied in relation to each of

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the premises supplied by the company—

                    (a)                   the requirement that the premises are not household

premises (as defined in section 17C below);

                    (b)                   the threshold requirement (construed in accordance with

section 17D below); and

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                    (c)                   the requirement that the premises are not being supplied

with water by another company pursuant to a water supply

licence,

                              and those requirements shall be enforceable under section 18 below

by the Authority.

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              (4)             A water supply licence which gives a company only the retail

authorisation is referred to in this Chapter as a “retail licence”.

              (5)             The supplementary authorisation is an authorisation to the company

to introduce water into a water undertaker’s supply system, by

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    132

 

              (5)             means of which any particular supply of water in accordance with

the retail authorisation is to take place, in connection with that

supply and in accordance with Chapter 2A of Part 3 of this Act.

              (6)             The supplementary authorisation does not authorise the company to

introduce water into that supply system if the water has been

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supplied by a company pursuant to a water supply licence.

              (7)             A water supply licence which gives a company also the

supplementary authorisation is referred to in this Chapter as a

“combined licence”.

              (8)             Before granting a combined licence—

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

                    (b)                   the Authority shall consult the Secretary of State and the

Assembly.

              (9)             A water supply licence shall not be granted to a company unless—

                    (a)                   it is a limited company; and

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                    (b)                   it is not a relevant undertaker.

              (10)            The Authority may, with the approval of the Secretary of State, issue

guidance as to the factors which are, or are not, to be taken into

account in determining the extent of any premises for the purposes

of subsection (3) above.

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              (11)            Before giving his approval to any guidance issued under subsection

(10) above, the Secretary of State shall consult the Assembly.

       17B            Section 17A: supplementary

              (1)             The Authority shall publish guidance issued under section 17A(10)

above in such manner as the Authority considers appropriate for the

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purpose of bringing it to the attention of persons likely to be affected

by it.

              (2)             The Authority may, with the approval of the Secretary of State, revise

the guidance so issued.

              (3)             Before giving his approval to guidance revised under subsection (2)

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above, the Secretary of State shall consult the Assembly.

              (4)             Subsection (1) above applies to guidance revised under subsection

(2) above as it applies to guidance issued under section 17A(10).

              (5)             In this Chapter, references to the supply system of a water

undertaker are to the system comprising the following—

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                    (a)                   any water mains and other pipes which it is the water

undertaker’s duty to develop and maintain by virtue of

section 37 below and which are used for the purpose of

conveying water from the undertaker’s treatment works to

the premises of customers; and

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                    (b)                   any water mains and other pipes which—

                           (i)                          are used by the undertaker for the purpose of

conveying non-domestic water from any of its

sources to the premises of customers; and

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    133

 

                           (ii)                         are not connected to any water mains or pipes falling

within paragraph (a) above or to any water mains or

other pipes connected to the treatment works

mentioned in that paragraph (whether directly or

indirectly),

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                                          and in sub-paragraph (i) above the reference to non-domestic

water is to water supplied other than for domestic or food

production purposes.

              (6)             In subsection (5)(a) above, the reference to treatment works is a

reference to the works designated from time to time by the Secretary

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of State as treatment works for the purposes of this subsection.

              (7)             Before designating any works for the purposes of subsection (6)

above, the Secretary of State shall consult the Assembly.

              (8)             A list of any works designated for the purposes of subsection (6)

above shall be published from time to time by the Secretary of State

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in such manner as he considers appropriate for the purpose of

bringing the designations to the attention of persons likely to be

affected by them.

              (9)             References in this Act to a licensed water supplier are references to a

company which is the holder for the time being of a water supply

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licence.

       17C            Meaning of household premises

              (1)             For the purposes of section 17A(3)(a) above, “household premises”

means premises in which, or in any part of which, a person has his

home.

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              (2)             The fact that a person has his home in, or in part of, any premises

does not mean that the premises are household premises unless the

principal use of the premises is as a home.

              (3)             The Secretary of State may by regulations make provision as to—

                    (a)                   the circumstances in which a person is or is not to be treated

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as having his home in, or in part of, any premises for the

purposes of this section; and

                    (b)                   the factors which are, or are not, to be taken into account in

determining the principal use of any premises for those

purposes.

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              (4)             The power to make regulations under subsection (3) above is

exercisable by the Assembly (and not by the Secretary of State) in

relation to premises supplied with water using the supply system of

a water undertaker whose area is wholly or mainly in Wales.

       17D            The threshold requirement

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              (1)             This section applies for the purpose of construing the reference to the

threshold requirement in section 17A(3)(b) above in relation to the

supply of water to any premises.

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    134

 

              (2)             The requirement is that, at the time when the licensed water supplier

first enters into an undertaking with a customer to give the supply,

the total quantity of water estimated to be supplied to the premises

annually pursuant to the undertaking is not less than 50 megalitres.

              (3)             Any estimate of the quantity of water to be supplied to any premises

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for the purposes of subsection (2) above shall be made in accordance

with guidance issued by the Authority with the approval of the

Secretary of State.

              (4)             Any guidance issued under subsection (3) above may, in

particular—

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                    (a)                   specify—

                           (i)                          the factors to be, and not to be, taken into account;

                           (ii)                         the assumptions to be made; and

                           (iii)                        the method of calculation to be employed,

                                          in making estimates; and

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                    (b)                   make provision as to the commencement of the annual

periods by reference to which estimates are to be made.

              (5)             Before giving his approval to any guidance issued under that

subsection, the Secretary of State shall consult the Assembly.

              (6)             Subsections (1) to (4) of section 17B above apply to guidance issued

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under subsection (3) above as they apply to guidance issued under

section 17A(10) above.

              (7)             The Secretary of State may make provision by regulations as to the

circumstances in which a licensed water supplier is not, for the

purposes of subsection (2) above, to be treated as entering into an

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undertaking with a new customer to give a supply of water to any

premises (subject to subsection (12) below).

              (8)             The Secretary of State may by regulations amend subsection (2)

above by substituting, for the quantity of water for the time being

specified there, a different quantity of water (subject to subsection

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(12) below).

              (9)             Regulations under subsection (8) above—

                    (a)                   shall include provision for the amendment made by the

regulations not to apply in relation to any undertaking

entered into before the date on which the regulations come

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into force; and

                    (b)                   may include provision for that amendment not to apply in

relation to any undertaking which is proposed, but not

entered into, before that date.

              (10)            A statutory instrument containing regulations under subsection (8)

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above shall not be made unless a draft of the instrument has been

laid before, and approved by a resolution of, each House of

Parliament.

              (11)            Before making regulations under subsection (8) above, the Secretary

of State shall consult—

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                    (a)                   the Authority; and

 

 

 
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