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Water Bill [HL]


Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    69

 

       16B            Commission’s power of veto following report: supplementary

           (1)           For the purposes of the law relating to defamation, absolute privilege

attaches to any notice under subsection (4)(a), (6) or (9) of section 16A

above.

           (2)           In giving any notice under subsection (4)(a) or (6) of section 16A above,

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or publishing any notice under subsection (9) of that section, the

Commission must have regard to the following considerations before

disclosing any information.

           (3)           The first consideration is the need to exclude from disclosure (so far as

practicable) any information whose disclosure the Commission thinks

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is contrary to the public interest.

           (4)           The second consideration is the need to exclude from disclosure (so far

as practicable)—

                  (a)                 commercial information whose disclosure the Commission

thinks might significantly harm the legitimate business

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interests of the undertaking to which it relates; or

                  (b)                 information relating to the private affairs of an individual

whose disclosure the Commission thinks might significantly

harm the individual’s interests.

           (5)           The third consideration is the extent to which the disclosure of the

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information mentioned in subsection (4)(a) or (b) above is necessary for

the purposes of the notice.

           (6)           The following sections of Part 3 of the Enterprise Act 2002 shall apply,

with the modifications mentioned in subsections (7) and (8) below, for

the purposes of any investigation by the Commission for the purposes

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of the exercise of its functions under section 16A above, as they apply

for the purposes of any investigations on references under that Part—

                  (a)                 section 109 (attendance of witnesses and production of

documents etc.);

                  (b)                 section 110 (enforcement of powers under section 109: general);

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                  (c)                 section 111 (penalties);

                  (d)                 section 112 (penalties: main procedural requirements);

                  (e)                 section 113 (payments and interest by instalments);

                  (f)                 section 114 (appeals in relation to penalties);

                  (g)                 section 115 (recovery of penalties); and

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                  (h)                 section 116 (statement of policy).

           (7)           Section 110 shall, in its application by virtue of subsection (6) above,

have effect as if—

                  (a)                 subsection (2) were omitted;

                  (b)                 in subsection (4), for the words “the publication of the report of

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the Commission on the reference concerned” there were

substituted “the publication by the Commission of a notice

under section 16A(9) of the Water Industry Act 1991 in

connection with the reference concerned or, if no direction has

been given by the Commission under section 16A(1) of that Act

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in connection with the reference concerned and within the

period permitted for that purpose, the latest day on which it

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    70

 

                  (b)                 was possible to give such a direction within the permitted

period”; and

                  (c)                 in subsection (9) the words from “or section” to “section 65(3))”

were omitted.

           (8)           Section 111(5)(b) shall, in its application by virtue of subsection (6)

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above, have effect as if for sub-paragraph (ii) there were substituted—

                        “(ii)                           if earlier, the day on which a notice is published by the

Commission under section 16A(9) of the Water Industry

Act 1991 in connection with the reference concerned or,

if no direction has been given by the Commission under

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section 16A(1) of that Act in connection with the

reference concerned and within the period permitted for

that purpose, the latest day on which it was possible to

give such a direction within the permitted period.”

           (9)           Provisions of Part 3 of the Enterprise Act 2002 which have effect for the

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purposes of sections 109 to 116 of that Act (including, in particular,

provisions relating to offences and the making of orders) shall, for the

purposes of the application of those sections by virtue of subsection (6)

above, have effect in relation to those sections as applied by virtue of

that subsection.

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           (10)          Accordingly, corresponding provisions of this Act shall not have effect

in relation to those sections as applied by virtue of that subsection.”

Licensing of water suppliers

 54    Licensing of other water suppliers

Schedule 4, which contains amendments to the WIA to provide for the

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licensing of suppliers of water other than water undertakers, is to have effect.

Part 3

Miscellaneous

The Drinking Water Inspectorate

 55    The Chief Inspector of Drinking Water and the Drinking Water Inspectorate

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     (1)    Section 86 of the WIA (which provides for the appointment of technical

assessors for the enforcement of water quality) is amended as provided in

subsections (2) to (8).

     (2)    I              n subsection (1), the words “as technical assessors” are omitted.

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

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           “(1A)              Subject to subsection (1B) below, the Secretary of State shall designate

one such person as the Chief Inspector of Drinking Water.

           (1B)              If the function of the Secretary of State under subsection (1) above is

transferred to any extent to the Assembly—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    71

 

                  (a)                 subject to paragraph (b) below, the Assembly may designate

one such person appointed by it as the Chief Inspector of

Drinking Water for Wales; but

                  (b)                 if the person designated by the Assembly is the same as the

person designated by the Secretary of State as the Chief

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Inspector of Drinking Water, he shall be known as such in both

capacities.”

     (4)    In subsection (2), for “A person” there is substituted “An inspector”.

     (5)    In subsection (3)(a) and (b), for “a person” there is substituted “an inspector”.

     (6)    In subsection (4), for “person”, wherever it appears, there is substituted

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“inspector”.

     (7)    In subsection (6), for the words from “on summary conviction” to the end there

is substituted—

                  “(a)                    on summary conviction, to a fine not exceeding £20,000;

                  (b)                    on conviction on indictment, to a fine.”

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     (8)    After subsection (6) there is added—

           “(7)              Proceedings by the Secretary of State for an offence under this section

or in relation to the quality and sufficiency of water supplied using a

water undertaker’s supply system may be instituted and carried on in

the name of the Chief Inspector of Drinking Water.

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           (8)              In this section—

                                  “inspector” means the Chief Inspector of Drinking Water or any

other person appointed under subsection (1) above;

                                  “water undertaker’s supply system” means the water mains and

other pipes which it is the undertaker’s duty to develop and

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maintain by virtue of section 37 above.”

     (9)    In section 219 of the WIA (general interpretation), after subsection (9) there is

added—

           “(10)              If the Assembly designates a person as Chief Inspector of Drinking

Water for Wales under section 86(1B) above, references in this Act to

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the Chief Inspector of Drinking Water, as respects anything to be done

in relation to him, shall be taken as references to the person designated

as the Chief Inspector of Drinking Water by the Secretary of State and

also the person designated by the Assembly as the Chief Inspector of

Drinking Water for Wales.”

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     (10)   Subsection (7) does not have effect in relation to any offence committed before

the commencement of that subsection.

Water resale

 56    Charges for services provided with the help of an undertaker

     (1)    Section 150 of the WIA (fixing maximum charges for services provided with

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the help of undertakers’ services) is amended as follows.

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

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    72

 

           “(2A)              An order under this section may require the person providing the

supplies or services to furnish the person who is provided with them

with such information as may be specified or described in the order.

           (2B)              An order containing such a requirement may also provide that, in the

event of the failure of the person providing the supplies or services to

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furnish that information, the maximum charges he is entitled to recover

from the person provided with them in respect of those supplies or

services shall be such as may be fixed by the order.”

     (3)    In subsection (5), for the words from “the amount of the excess” to the end there

is substituted—

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                  “(a)                    the amount of the excess; and

                  (b)                                                            if the order so provides, interest on that amount at a rate

specified or described in the order,

                                                                                                                           shall be recoverable by that person from the person to whom he paid

the charge.”

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Penalties

 57    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

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substituted “£20,000”.

     (2)    Subsection (1) does not have effect in relation to any offence committed before

the commencement of this section.

 58    Supplying water unfit for human consumption

     (1)    In section 70(1)(a) of the WIA (which provides for the penalty on summary

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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

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 59     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.

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           (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.

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    73

 

           (3)           A water resources management plan shall address in particular—

                  (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

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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)                 the likely sequence and timing for implementing those

measures; and

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                  (d)                 such other matters as the Secretary of State may specify in

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

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last published, the water undertaker shall —

                  (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

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following cases—

                  (a)                 following conclusion of its annual review, if the review

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

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beginning with the date when the plan (or revised plan) was last

published,

                         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).

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           (7)           The Secretary of State may give directions specifying—

                  (a)                 the form which a water resources management plan must take;

                  (b)                 the planning period to which a water resources management

plan must relate.

           (8)           Before preparing its water resources management plan (including a

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revised plan), the water undertaker shall consult—

                  (a)                 the Environment Agency;

                  (b)                 the Authority;

                  (c)                 the Secretary of State; and

                  (d)                 any licensed water supplier which supplies water to premises in

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the undertaker’s area via the undertaker’s supply system.

           (9)           The Secretary of State shall consult the Environment Agency before

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)

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below.

 

 

 
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