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Water Bill [HL]


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

    192

 

              (b)             in paragraph (b), after “undertaker” there is inserted “or supplier”.

  19       In section 74 (regulations for preventing contamination etc), in subsection

(1)—

              (a)             in paragraph (b), after “undertaker” there is inserted “or licensed

water supplier”,

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              (b)             in paragraph (c), after “that undertaker” there is inserted “or a

licensed water supplier”, and

              (c)             in paragraph (d), after “undertaker” there is inserted “or licensed

water supplier”.

  20      (1)      Section 75 (power to prevent damage etc) is amended as follows.

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          (2)      After subsection (1) there is inserted—

              “(1A)                Without prejudice to any power conferred on water undertakers by

regulations under section 74 above, where a licensed water supplier

which provides a supply of water to any premises has reason for

believing—

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                    (a)                   that damage to persons or property is being or is likely to be

caused by any damage to, or defect in, any water fitting used

in connection with the supply of water to those premises

which is not a service pipe belonging to the water undertaker

whose supply system is used for the purpose of making the

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supply;

                    (b)                   that water in a water main or other pipe of that undertaker is

being or is likely to be contaminated by the return of any

substance from those premises to that pipe or main;

                    (c)                   that water which is in any pipe connected with any such main

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or other pipe or which has been supplied by the supplier to

those premises is being or is likely to be contaminated before

it is used; or

                    (d)                   that water which has been or is to be so supplied is being or

is likely to be wasted or, having regard to the purposes for

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which it is supplied, misused or unduly consumed,

                              that undertaker may exercise the power conferred by subsection (2)

below in relation to those premises.”

          (3)      After subsection (10) there is inserted—

              “(11)                Where the power conferred by subsection (2) above on a water

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undertaker is exercisable by virtue of subsection (1A) above—

                    (a)                   the references to the consumer in subsections (2) and (3), in

relation to a supply of water to any premises, shall be taken

to be references to the person in respect of whom the supply

is made; and

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                    (b)                   the undertaker shall serve on the licensed water supplier

providing the supply a copy of any notice under this section

which is served on the person mentioned in paragraph (a)

above.

              (12)                In subsection (1A)(a) above, the reference to the supply system of a

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water undertaker shall be construed in accordance with section

17B(5) above.”

 

 

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

    193

 

  21       In section 76 (temporary hosepipe bans), in subsection (1), after “supplied by

that undertaker” there is inserted “or a licensed water supplier”.

  22      (1)      Section 90 (indemnities in respect of fluoridation) is amended as follows.

          (2)      After “water undertaker” there is inserted “or licensed water supplier”.

          (3)      In paragraph (a), after “done by the undertaker” there is inserted “or a

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licensed water supplier”.

          (4)      After that paragraph there is inserted—

                    “(aa)                      liabilities incurred by the supplier in connection with

anything done by the supplier or a water undertaker for the

purpose of increasing the fluoride content of any water

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supplied by the supplier;”.

          (5)      In paragraph (b), after “undertaker”, in both places where it appears, there

is inserted “or supplier”.

          (6)      In paragraph (c), after “undertaker” there is inserted “or supplier”.

          (7)      In paragraph (d)—

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              (a)             after “this Act” there is inserted “, or to the supplier in accordance

with a scheme under Schedule 2 to this Act,”, and

              (b)             after “paragraph (a)” there is inserted “or (aa)”.

  23       In section 93(1) (interpretation of Part 3), in the definition of “private

supply”, after “undertaker” there is inserted “or by a licensed water supplier

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in accordance with Chapter 1A of Part 2 of this Act”.

  24       In section 93A (duty to promote the efficient use of water), in the following

provisions—

              (a)             subsection (1),

              (b)             subsection (2), and

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              (c)             subsection (3),

           after “undertaker” there is inserted “or licensed water supplier”.

  25      (1)      Section 93B (power to impose requirements in connection with section 93A)

is amended as follows.

          (2)      In subsection (1), after “undertaker” there inserted “or licensed water

30

supplier”.

          (3)      In subsection (2)—

              (a)             after “water undertaker” there is inserted “or licensed water

supplier”, and

              (b)             after “the undertaker”, in both places where it appears, there is

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inserted “or supplier”.

          (4)      In subsection (3), in paragraphs (a) and (b), after “undertaker” there is

inserted “or licensed water supplier”.

          (5)      In subsection (4)—

              (a)             after “water undertaker” there is inserted “or licensed water

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supplier”, and

              (b)             after “that undertaker” there is inserted “or supplier”.

          (6)      In subsection (5)—

              (a)             after “water undertaker” there is inserted “or licensed water

supplier”, and

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

    194

 

              (b)             after “that undertaker” there is inserted “or supplier”.

          (7)      In subsection (6)—

              (a)             after “water undertaker” there is inserted “or licensed water

supplier”, and

              (b)             after “that undertaker” there is inserted “or supplier”.

5

  26      (1)      Section 93C (publicity) is amended as follows.

          (2)      In subsection (1)—

              (a)             after “water undertaker” there is inserted “or licensed water

supplier”, and

              (b)             after “that undertaker’s” there is inserted “or supplier’s”.

10

          (3)      In subsection (2), in paragraph (b), after “undertaker” there inserted “or

supplier”.

  27      (1)      Section 93D (information as to compliance) is amended as follows.

          (2)      In subsection (1)—

              (a)             after “water undertaker” there is inserted “or licensed water

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supplier”,

              (b)             after “that undertaker” there is inserted “or supplier”, and

              (c)             after “the undertaker” there is inserted “or supplier”.

          (3)      In subsection (2), in paragraph (b), after “undertaker” there is inserted “or

supplier”.

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          (4)      In subsection (3)—

              (a)             after “water undertaker” there is inserted “or licensed water

supplier”,

              (b)             after “the undertaker’s” there is inserted “or supplier’s”, and

              (c)             after “the undertaker” there is inserted “or supplier”.

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          (5)      In subsection (4), after “water undertaker” there is inserted “or licensed

water supplier”.

  28       In section 150 (fixing maximum charges for services provided with the help

of undertaker’s services), after subsection (1) there is inserted—

              “(1A)                This section does not apply to water supplies provided by a licensed

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water supplier to premises of customers in accordance with Chapter

1A of Part 2 of this Act.”

  29       In section 152 (grants for national security purposes), in subsection (1), after

“relevant undertakers” there is inserted “and licensed water suppliers”.

  30       In section 158 (powers to lay pipes in streets), in subsection (7)(a), after

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“trunk main” there is inserted “but not including a pipe laid in pursuance of

section 66B(3)(a)(ii) above which is used for the purpose of supplying water

other than for domestic or food production purposes or laid in pursuance of

section 66B(3)(a)(iii) above”.

  31      (1)      Section 179 (vesting of works in undertaker) is amended as follows.

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          (2)      In subsection (1), for the words from “subsection” to “vested” there is

substituted “subsections (1A) and (3) below”.

          (3)      After that subsection there is inserted—

 

 

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

    195

 

              “(1A)                Subsection (1) above is subject to any provision to the contrary

contained in an agreement between the relevant undertaker and the

person in whom an interest in the pipe or works is or is to be vested;

but no agreement may be made between a relevant undertaker and

any other person for the vesting in that person of any pipe laid in

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pursuance of section 66B(3)(a)(ii) above or of subsection (2)(b)(i) of

section 66C above by virtue of subsection (3)(b) of that section.”

  32      (1)      Section 195 (maintenance of register for the purposes of Part 2) is amended

as follows.

          (2)      In subsection (2), after paragraph (a) there is inserted—

10

                    “(aa)                      every licence under Chapter 1A of Part 2 of this Act, every

variation or revocation of any such licence and every

modification of the conditions of any such licence;”.

          (3)      In that subsection, after paragraph (b) there is inserted—

                    “(bb)                      every direction, consent or determination given or made

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under any such licence by the Secretary of State, the

Authority, the Assembly or the Environment Agency;

                    (bc)                      every determination made by the Authority under section

17E or 66D(1) above;”.

          (4)      In that subsection, after paragraph (f) (inserted by section 47(2)) there is

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inserted “and

                    “(g)                      every designation made by the Authority under section 66G

above.”

          (5)      After subsection (3) there is inserted—

              “(3AA)                Before giving a direction under subsection (3) above which relates to

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a licensed water supplier, the Secretary of State shall consult the

Assembly.”

  33      (1)      Section 201 (publication of information and advice) is amended as follows.

          (2)      In subsection (1), for the words from “relating to” to “as it may” there is

substituted—

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                    “(a)                      relating to any matter which is connected with the carrying

out by a company holding an appointment under Chapter 1

of Part 2 of this Act of the functions of a relevant undertaker;

or

                    (b)                      relating to any matter which is connected with the carrying

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on by a company holding a licence under Chapter 1A of that

Part of the activities authorised by the licence,

                   as it may”.

          (3)      In subsection (2), at the end there is inserted “or a licence under Chapter 1A

of that Part”.

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  34      (1)      Section 202 (duty to furnish the Secretary of State with information) is

amended as follows.

          (2)      After subsection (1) there is inserted—

              “(1A)                It shall be the duty of a company holding a licence under Chapter 1A

of Part 2 of this Act to furnish the Secretary of State with all such

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information relating to any matter which—

 

 

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

    196

 

                    (a)                   is connected with, or with any proposals relating to, the

carrying on by that company of the activities authorised by

the licence; or

                    (b)                   is material to the carrying out by the Secretary of State of any

of his functions under this Act, any of the other consolidation

5

Acts or the Water Act 1989,

                              as the Secretary of State may reasonably require.”

          (3)      In subsection (4), in paragraph (c), at the end there is inserted “or licences

under Chapter 1A of that Part”.

          (4)      In subsection (5), after “undertaker” there is inserted “or licensed water

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supplier”.

  35      (1)      Section 203 (power to acquire information for enforcement purposes) is

amended as follows.

          (2)      In subsection (1), for the words from “that a company” to “section 18 above”

there is substituted—

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                    “(a)                      in the case of a company which holds an appointment as a

relevant undertaker, that the company—

                           (i)                          may be contravening, or may have contravened, any

condition of the appointment or any statutory or

other requirement enforceable under section 18

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above; or

                           (ii)                         may be causing or contributing to, or may have

caused or contributed to, a contravention by a

company holding a licence under Chapter 1A of Part

2 of this Act of any condition of the licence or any

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statutory or other requirement enforceable under

section 18 above; or

                    (b)                      in the case of a company which holds a licence under that

Chapter, that the company—

                           (i)                          may be contravening, or may have contravened, any

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condition of the licence or any statutory or other

requirement enforceable under section 18 above; or

                           (ii)                         may be causing or contributing to, or may have

caused or contributed to, a contravention by a

company holding an appointment as a relevant

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undertaker of any condition of the appointment or

any statutory or other requirement enforceable under

section 18 above,”.

          (3)      In subsection (7)—

              (a)             after “this Act” there is inserted “or of a licence under Chapter 1A of

40

that Part”, and

              (b)             after “such an appointment” there is inserted “or licence”.

  36      (1)      Section 205 (exchange of metering information) is amended as follows.

          (2)      In subsection (1)—

              (a)             in paragraph (a), for “relevant undertakers” there is substituted

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“service providers”,

              (b)             in paragraphs (b) and (c), for “undertakers” there is substituted

“providers”,

 

 

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

    197

 

              (c)             in paragraph (d), for “undertaker” there is substituted “provider”,

and

              (d)             in the closing words, for “undertaker”, in both places where it

appears, there is substituted “provider”.

          (3)      In subsection (2)—

5

              (a)             for “relevant undertaker” there is substituted “service provider”,

              (b)             for “such undertaker” there is substituted “such provider”, and

              (c)             for “the undertaker” there is substituted “the provider”.

          (4)      For subsection (3) there is substituted—

              “(3)                The duties of a service provider under this section shall be

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enforceable under section 18 above by the Authority.

              (4)                For the purposes of this section, the following are service

providers—

                    (a)                   any relevant undertaker; and

                    (b)                   any licensed water supplier.”

15

  37      (1)      Section 206 (restriction on disclosure of information) is amended as follows.

          (2)      In subsection (3), at the end of paragraph (b) there is inserted “or by a

licensed water supplier of any of the duties imposed on it by or under this

Act”.

          (3)      In subsection (5), in paragraph (a), after “undertaker” there is inserted “or

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with the carrying on by a licensed water supplier of activities under its

licence”.

  38      (1)      Section 208 (directions in the interests of national security) is amended as

follows.

          (2)      In subsections (1) and (2)—

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              (a)             after “relevant undertaker” there is inserted “or licensed water

supplier”, and

              (b)             after “that undertaker” there is inserted “or supplier (as the case may

be)”.

          (3)      In subsection (3), after “relevant undertaker”, in both places where it

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appears, there is inserted “or licensed water supplier”.

  39      (1)      Section 213 (power to make regulations) is amended as follows.

          (2)      In subsection (1), after “section 8(1) or (2)” there is inserted “or 17D(8)”.

          (3)      In subsection (2)(a), after “sewerage undertaker” there is inserted “or

licensed water supplier”.

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  40      (1)      In section 219 (general interpretation), subsection (1) is amended as follows.

          (2)      In paragraph (a) of the definition of “customer or potential customer”, at the

end there is inserted “(other than a licensed water supplier)”.

          (3)      In the definition of “water main”—

              (a)             after “water undertaker” there is inserted “or licensed water

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supplier”; and

              (b)             after “of the undertaker” there is inserted “or supplier”.

          (4)      In the appropriate place there is inserted—

 

 

 
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