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Water Bill [HL]


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

    163

 

supply, it shall give notice of the proposed determination to the

persons specified in paragraphs (a) to (d) of subsection (4) above.

              (9)             Subsection (5) above applies to a notice under subsection (8) above

as it applies to a notice under subsection (4) above (and subsection

(6) above applies accordingly).

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              (10)            For the purposes of this section, an introduction of water is a

strategic supply if, without that introduction being made, there is a

substantial risk that the water undertaker would be unable to

maintain supplies to its own customers as well as supplying

customers of the licensed water supplier in question with water for

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domestic purposes.

       66H Designation of collective strategic supply

              (1)             Subsection (2) below applies if at any time the Authority determines

that two or more introductions of water—

                    (a)                   which are made by a licensed water supplier; and

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                    (b)                   which a water undertaker is required to permit under section

66B or 66C above in accordance with agreements under

section 66D above,

                              constitute a collective strategic supply of water.

              (2)             The Authority shall designate the introductions as a collective

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strategic supply.

              (3)             Subsection (4) below applies if—

                    (a)                   a water undertaker requests the Authority to make a

determination that two or more introductions of water

constitute a collective strategic supply for the purposes of

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subsection (1) above, or

                    (b)                   the Authority otherwise proposes to make a determination

that two or more introductions of water constitute a collective

strategic supply for the purposes of that subsection.

              (4)             The Authority shall give notice of the request or proposed

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determination to—

                    (a)                   the Secretary of State;

                    (b)                   the Assembly;

                    (c)                   the Environment Agency;

                    (d)                   the other party or parties, or the parties, to the agreements

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under section 66D above; and

                    (e)                   such other persons (if any) as the Authority thinks it

appropriate to notify.

              (5)             Any such notice shall specify the time (not being less than twenty-

eight days from the date on which the notice was given) within

40

which representations or objections with respect to the request or

proposed determination may be made.

              (6)             The Authority shall consider any representations or objections which

are duly made and not withdrawn.

 

 

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

    164

 

              (7)             If the Authority determines that introductions designated under this

section as a collective strategic supply no longer constitute such a

supply, it shall cancel their designation.

              (8)             If the Authority proposes to make a determination under subsection

(7) above that introductions no longer constitute a collective strategic

5

supply, it shall give notice of the proposed determination to the

persons specified in paragraphs (a) to (d) of subsection (4) above.

              (9)             Subsection (5) above applies to a notice under subsection (8) above

as it applies to a notice under subsection (4) above (and subsection

(6) above applies accordingly).

10

              (10)            For the purposes of this section, introductions of water are a

collective strategic supply if, without those introductions being

made, there is a substantial risk that the water undertaker would be

unable to maintain supplies to its own customers as well as

supplying the customers of the licensed water supplier in question

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with water for domestic purposes.

Offences

       66I Prohibition on unauthorised use of supply system

              (1)             Subject to subsections (2) and (3) and section 66K below, no person

shall use a water undertaker’s supply system for the purpose of

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supplying water to any premises of a customer.

              (2)             Subsection (1) above shall not apply where the supply is made—

                    (a)                   by a water undertaker, or

                    (b)                   by a licensed water supplier in pursuance of its licence.

              (3)             The Secretary of State may by regulations specify further

25

circumstances in which subsection (1) above shall not apply.

              (4)             A person who contravenes subsection (1) above shall be guilty of an

offence.

              (5)             Any undertaking entered into which involves a contravention of

subsection (1) above shall be unenforceable.

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              (6)             A person guilty of an offence under this section shall be liable—

                    (a)                   on summary conviction, to a fine not exceeding the statutory

maximum, and

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

              (7)             No proceedings for an offence under this section shall be instituted

35

except by—

                    (a)                   the Secretary of State, or

                    (b)                   the Authority.

              (8)             The functions of—

                    (a)                   making regulations under subsection (3) above; and

40

                    (b)                   instituting proceedings under subsection (7)(a) above,

 

 

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

    165

 

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

relation to any supply system of a water undertaker whose area is

wholly or mainly in Wales.

              (9)             In this section and section 66J below, references to the supply system

of a water undertaker shall be construed in accordance with section

5

17B(5) above.

       66J            Prohibition on unauthorised introduction of water

              (1)             Subject to subsections (2) and (3) and section 66K below, no person

shall introduce water into a water undertaker’s supply system (other

than the undertaker itself).

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              (2)             Subsection (1) above shall not apply where the water is introduced—

                    (a)                   by a licensed water supplier in pursuance of its licence, or

                    (b)                   by another water undertaker under an agreement with the

undertaker in question or in accordance with section 40

above.

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              (3)             The Secretary of State may by regulations specify further

circumstances in which subsection (1) above shall not apply.

              (4)             A person who contravenes subsection (1) above shall be guilty of an

offence.

              (5)             Any undertaking entered into which involves a contravention of

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subsection (1) above shall be unenforceable.

              (6)             A person guilty of an offence under this section shall be liable—

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

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

              (7)             For the purposes of section 210 below, the penalty on conviction on

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indictment of an offence under this section shall be deemed to

include imprisonment (in addition to or instead of a fine) for a term

not exceeding two years.

              (8)             No proceedings for an offence under this section shall be instituted

except by—

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                    (a)                   the Secretary of State; or

                    (b)                   the Authority.

              (9)             The functions of—

                    (a)                   making regulations under subsection (3) above; and

                    (b)                   instituting proceedings under subsection (8)(a) above,

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

relation to any supply system of a water undertaker whose area is

wholly or mainly in Wales.

       66K            Sections 66I and 66J: exemptions

              (1)             The Secretary of State may by order made by statutory instrument

40

grant exemption from section 66I(1) or 66J(1) above to—

                    (a)                   a person or persons of a class;

                    (b)                   generally or to such extent as may be specified in the order;

and

 

 

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

    166

 

                    (c)                   unconditionally or subject to such conditions as may be so

specified.

              (2)             Before making an order under subsection (1) above the Secretary of

State shall give notice—

                    (a)                   stating that he proposes to make such an order and setting

5

out the terms of the proposed order;

                    (b)                   stating the reasons why he proposes to make the order in the

terms proposed; and

                    (c)                   specifying the time (not being less than twenty-eight days

from the date of publication of the notice) within which

10

representations or objections with respect to the proposals

may be made,

                              and shall consider any representations or objections which are duly

made and not withdrawn.

              (3)             The notice required by subsection (2) above shall be given—

15

                    (a)                   by serving a copy of it on the Authority; and

                    (b)                   by publishing it in such manner as the Secretary of State

considers appropriate for bringing it to the attention of those

likely to be affected by the proposed order.

              (4)             Notice of an exemption granted to a person shall be given—

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                    (a)                   by serving a copy of the exemption on him; and

                    (b)                   by publishing the exemption in such manner as the Secretary

of State considers appropriate for bringing it to the attention

of other persons who may be affected by it.

              (5)             Notice of an exemption granted to persons of a class shall be given

25

by publishing the exemption in such manner as the Secretary of State

considers appropriate for bringing it to the attention of—

                    (a)                   persons of that class; and

                    (b)                   other persons who may be affected by it.

              (6)             An exemption may be granted—

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                    (a)                   indefinitely; or

                    (b)                   for a period specified in, or determined by or under, the

exemption.

              (7)             Conditions included in an exemption by virtue of subsection (1)(c)

above may, in particular, require any person carrying on any activity

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in pursuance of the exemption—

                    (a)                   to comply with any direction given by the Secretary of State

or the Authority as to such matters as are specified in the

exemption or are of a description so specified;

                    (b)                   except in so far as the Secretary of State or the Authority

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consents to his doing or not doing them, not to do or to do

such things as are specified in the exemption or are of a

description so specified; and

                    (c)                   to refer for determination by the Secretary of State or the

Authority such questions arising under the exemption as are

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specified in the exemption or are of a description so specified.

 

 

 
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