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Water Bill [HL]


Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    175

 

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

  17      (1)      Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is

amended as follows.

          (2)      In Part 2 (bodies of which all members are disqualified), there is inserted at

the appropriate places—

5

          “The Consumer Council for Water, and each regional committee of the

Council established under section 27A of the Water Industry Act

1991.”

          “The Water Services Regulation Authority.”

          (3)      In Part 3 (other disqualifying offices), the entries relating to the following are

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omitted—

              (a)             the Chairman of a customer service committee maintained under

section 28 of the Water Industry Act 1991, and

              (b)             the Director General of Water Services.

Race Relations Act 1976 (c. 74)

15

  18       In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other

persons subject to general statutory duty), for the entry relating to a

Customer Service Committee maintained under section 28 of the Water

Industry Act 1991 there is substituted—

                                          “The Consumer Council for Water.”

20

Telecommunications Act 1984 (c. 12)

  19       In the Telecommunications Act 1984, in section 101 (restriction on disclosure

of information)—

              (a)             in subsection (2)(b), for “the Director General of Water Services”

there is substituted “the Water Services Regulation Authority”,

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              (b)             in subsection (3)(j), at the end there is inserted “, or the Water Act

2003”.

Airports Act 1986 (c. 31)

  20       In the Airports Act 1986, in section 74 (restriction on disclosure of

information)—

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              (a)             in subsection (2)(a), for “the Director General of Water Services”

there is substituted “the Water Services Regulation Authority”,

              (b)             in subsection (3)(k), at the end there is inserted “, or the Water Act

2003”.

Company Directors Disqualification Act 1986 (c. 46)

35

  21       In section 9E of the Company Directors Disqualification Act 1986

(interpretation for the purposes of sections 9A to 9D of that Act), in

subsection (2), for paragraph (c) there is substituted—

                    “(c)                      the Water Services Regulation Authority;”.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    176

 

Water Act 1989 (c. 15)

  22      (1)      The Water Act 1989 is amended as follows.

          (2)      In section 174 (general restrictions on disclosure of information)—

              (a)             in subsection (2)—

                    (i)                   in paragraph (a)—

5

                           (a)                          for “the Director” there is substituted “the Water

Services Regulation Authority, the Consumer

Council for Water”,

                           (b)                          for “or the Environment Act 1995” there is substituted

“, the Environment Act 1995 or the Water Act 2003”,

10

                    (ii)                  in paragraph (c), for “or of any arrangements” to the end

there is substituted “or section 27H of the Water Industry Act

1991”,

                    (iii)                 in paragraph (j), after “1995” there is inserted “, the Water Act

2003”,

15

              (b)             in subsection (4)(a)—

                    (i)                   for “the Director” there is substituted “the Water Services

Regulation Authority”,

                    (ii)                  for “a customer service committee” there is substituted “the

Consumer Council for Water (or any regional committee of

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that Council established under section 27A of the Water

Industry Act 1991)”.

          (3)      In section 185 (powers to make regulations), in subsection (2), paragraph (a)

is omitted.

Water Industry Act 1991 (c. 56)

25

  23      (1)      The WIA is amended as follows.

          (2)      In section 35 (construction of merger provisions), whose insertion into the

WIA is provided for by section 70(1) of the Enterprise Act 2002 (c 40), in

subsection (1), in the definition of “water enterprise”, for “water undertaker”

there is substituted “relevant undertaker”.

30

          (3)      In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with complaints)

for “customer service committee” there is substituted “regional committee”.

          (4)      In section 181 (complaints with respect to the exercise of works powers on

private land), in subsection (2)(c), for “the appropriate customer service

committee” there is substituted “the Council”.

35

          (5)      In section 206 (restrictions on disclosure of information)—

              (a)             in subsection (3)—

                    (i)                   in paragraph (a), before “, the Competition Commission”

there is inserted “, the Council”,

                    (ii)                  in that paragraph, for “or regulations under section 2 of the

40

Pollution Prevention and Control Act 1999” there is

substituted “, regulations under section 2 of the Pollution

Prevention and Control Act 1999 or the Water Act 2003”,

                    (iii)                 in paragraph (b), for “or the Water Act 1989” there is

substituted “, the Water Act 1989 or the Water Act 2003”,

45

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    177

 

                    (iv)                  in paragraph (c), for “of any arrangements made by the

Director under section 29(6) above or of any duty imposed

by” there is substituted “of any duty imposed by section 27H

above or”,

                    (v)                   in paragraph (j)—

5

                           (a)                          after “the Water Act 1989” there is inserted “, the

Water Act 2003”,

                           (b)                          for “or that Act of 1989” there is substituted “, the

Water Act 1989 or the Water Act 2003”,

              (b)             in subsection (4)(a)—

10

                    (i)                   for “a customer service committee” there is substituted “the

Council (or any regional committee)”,

                    (ii)                  for “or regulations under section 2 of the Pollution

Prevention and Control Act 1999” there is substituted “,

regulations under section 2 of the Pollution Prevention and

15

Control Act 1999 or the Water Act 2003”.

          (6)      In section 208 (directions in the interests of national security) after

subsection (3) there is inserted—

              “(3A)                The Secretary of State may, after consultation with the Council, give

to the Council such directions of a general character as appear to the

20

Secretary of State to be requisite or expedient—

                    (a)                   in the interests of national security; or

                    (b)                   in connection with any civil emergency which may occur.

              (3B)                If it appears to the Secretary of State to be requisite or expedient to

do so—

25

                    (a)                   in the interests of national security; or

                    (b)                   in connection with any civil emergency which has occurred

or may occur,

                                              he may, after consultation with the Council, give to the Council a

direction requiring it to do, or not to do, a particular thing specified

30

in the direction.

              (3C)                The Council shall comply with any direction given to it by the

Secretary of State under this section.”

          (7)      In section 219(1) (interpretation)—

              (a)             after the definition of “analyse” there is inserted—

35

                                      ““the Assembly” means the National Assembly for Wales;”,

                                      ““the Authority” means the Water Services Regulation

Authority;”,

              (b)             after the definition of “contravention” there is inserted—

                                      ““the Council” means the Consumer Council for Water;”,

40

              (c)             the definition of “the Director” is omitted,

              (d)             after the definition of “records” there is inserted—

                                      ““regional committee” means a regional committee of the

Council established under section 27A above;”.

Water Resources Act 1991 (c. 57)

45

  24      (1)      The WRA is amended as follows.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    178

 

          (2)      In section 20 (water resources management schemes), in subsection (2)(c),

for “Director General of Water Services” there is substituted “Water Services

Regulation Authority”.

          (3)      In section 204 (restriction on disclosure of information)—

              (a)             in subsection (2)—

5

                    (i)                   in paragraph (a), for “the Director General of Water Services”

there is substituted “the Water Services Regulation

Authority, the Consumer Council for Water”,

                    (ii)                  in that paragraph, for “or regulations under section 2 of the

Pollution Prevention and Control Act 1999” there is

10

substituted “, regulations under section 2 of the Pollution

Prevention and Control Act 1999 or the Water Act 2003”,

                    (iii)                 in paragraph (b), for “or the Water Act 1989” there is

substituted “, the Water Act 1989 or the Water Act 2003”,

                    (iv)                  in paragraph (c), for “of any arrangements made by the

15

Director under section 29(6) above or of any duty imposed

by” there is substituted “of any duty imposed by section 27H

above or”,

                    (v)                   in paragraph (j)—

                           (a)                          after “the Water Act 1989” there is inserted “, the

20

Water Act 2003”,

                           (b)                          for “or that Act of 1989” there is substituted “, the

Water Act 1989 or the Water Act 2003”,

              (b)             in subsection (3), in paragraph (a)—

                    (i)                   for sub-paragraph (ii) there is substituted—

25

                                        “(ii)                                          the Water Services Regulation

Authority;”,

                    (ii)                  for sub-paragraph (iii) there is substituted—

                                        “(iii)                                          the Consumer Council for Water (or

any regional committee of that

30

Council established under section 27A

of the Water Industry Act 1991)”,

                    (iii)                 for “or regulations under section 2 of the Pollution

Prevention and Control Act 1999” there is substituted “,

regulations under section 2 of the Pollution Prevention and

35

Control Act 1999 or the Water Act 2003”.

          (4)      In section 219 (powers to make regulations), in each of paragraphs (a) and

(b) of subsection (2), for “the Director” there is substituted “the Water

Services Regulation Authority”.

Water Consolidation (Consequential Provisions) Act 1991 (c. 60)

40

  25       In Schedule 2 to the Water Consolidation (Consequential Provisions) Act

1991 (transitional and transitory provisions and savings)—

              (a)             in paragraph 8, for “Director General of Water Services” there is

substituted “Water Services Regulation Authority”,

              (b)             in paragraph 10, for “Director General of Water Services” there is

45

substituted “Water Services Regulation Authority”.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    179

 

Competition and Service (Utilities) Act 1992 (c. 43)

  26       Section 50 of the Competition and Service (Utilities) Act 1992 (which amends

section 2 of the WIA) shall cease to have effect.

Coal Industry Act 1994 (c. 21)

  27       In section 59 (information to be kept confidential by the Authority), in

5

subsection (4), after paragraph (n) there is inserted—

                    “(o)                      the Water Act 2003.”

Competition Act 1998 (c. 41)

  28      (1)      The Competition Act 1998 is amended as follows.

          (2)      In section 54 (regulators), in subsection (1), for paragraph (d) there is

10

substituted—

                    “(d)                      the Water Services Regulation Authority;”.

          (3)      In Schedule 7 (the Competition Commission), in paragraph 2(1)(d), sub-

paragraph (i) is omitted.

          (4)      In Schedule 13 (transitional provisions and savings), in paragraph 35(2)(e),

15

for “Director General of Water Services” there is substituted “Water Services

Regulation Authority”.

Postal Services Act 2000 (c. 26)

  29       In Schedule 7 to the Postal Services Act 2000 (disclosure of information), in

paragraph 3—

20

              (a)             in sub-paragraph (2), for paragraph (j) there is substituted—

                                   “(j)                                      the Water Services Regulation Authority,”,

              (b)             in sub-paragraph (3), after paragraph (gg) there is inserted—

                                   “(gga)                                      the Water Act 2003,”.

Utilities Act 2000 (c. 27)

25

  30       In section 105 of the Utilities Act 2000 (general restrictions on disclosure of

information)—

              (a)             in subsection (5), for paragraph (e) there is substituted—

                           “(e)                             the Water Services Regulation Authority;”,

              (b)             in subsection (6)(l), at the end there is inserted “or the Water Act

30

2003”.

Transport Act 2000 (c. 38)

  31       In Schedule 9 to the Transport Act 2000 (air traffic: information), in

paragraph 3—

              (a)             in sub-paragraph (2), for paragraph (g) there is substituted—

35

                                   “(g)                                      the Water Services Regulation Authority;”,

              (b)             in sub-paragraph (3), after paragraph (r) there is inserted—

                             “(ra)                               the Water Act 2003;”.

 

 

Water Bill [HL]
Schedule 8 — Minor and consequential amendments: licensing of water suppliers etc.

    180

 

Enterprise Act 2002 (c. 40)

  32      (1)      The Enterprise Act 2002 is amended as follows.

          (2)      In section 136 (investigations and reports on market investigation

references), in each of subsections (7)(c) and (8), for “the Director General of

Water Services” there is substituted “the Water Services Regulation

5

Authority”.

          (3)      In section 168 (regulated markets)—

              (a)             in subsection (4)(f), for “the Director General of Water Services” there

is substituted “the Water Services Regulation Authority”,

              (b)             in subsection (5), for paragraph (e) there is substituted—

10

                           “(e)                             the Water Services Regulation Authority;”.

          (4)      In Schedule 15 (enactments conferring functions in relation to which a public

authority may disclose information), at the end there is inserted the

following entry—

               “Water Act 2003 (c.  ).”

15

Part 3

Miscellaneous

Water Industry Act 1991 (c. 56)

  33       In section 111 of the WIA (restrictions on use of public sewers)—

              (a)             in paragraph (b) of subsection (1), for “one hundred and ten degrees

20

Fahrenheit” there is substituted “forty-three degrees Celsius”,

              (b)             in subsection (5), for “seventy-three degrees Fahrenheit” there is

substituted “twenty-three degrees Celsius”.

Land Drainage Act 1991 (c. 59)

  34      (1)      The Land Drainage Act 1991 is amended as follows.

25

          (2)      In section 16 (which provides for the exercise of certain local authority

powers by the Environment Agency), in subsection (2), for “under

subsection (3) above” there is substituted “in exercising those powers”.

          (3)      In section 55 (powers of internal drainage boards to borrow), in subsection

(1)(a), for “in the execution of this Act” there is substituted “in the exercise

30

or performance of any power or duty under this Act or the Water Resources

Act 1991”.

Schedule 8

Section 93

 

Minor and consequential amendments: licensing of water suppliers etc.

  1        The WIA is amended as follows.

35

  2        In section 6 (appointment of relevant undertakers), after subsection (5) there

is inserted—

 

 

 
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