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Water Bill [HL]


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

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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

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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

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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)—

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

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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

Control Act 1999 or the Water Act 2003”.

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          (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

Secretary of State to be requisite or expedient—

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                    (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—

                    (a)                   in the interests of national security; or

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                    (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

in the direction.

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              (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—

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

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                                      ““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;”,

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

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

                                      ““regional committee” means a regional committee of the

Council established under section 27A above;”.

 

 

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

    182

 

Water Resources Act 1991 (c. 57)

  24      (1)      The WRA is amended as follows.

          (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”.

5

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

              (a)             in subsection (2)—

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

there is substituted “the Water Services Regulation

Authority, the Consumer Council for Water”,

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                    (ii)                  in that paragraph, 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 Control Act 1999 or the Water Act 2003”,

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

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

                    (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”,

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                    (v)                   in paragraph (j)—

                           (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”,

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

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

                                        “(ii)                                          the Water Services Regulation

Authority;”,

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

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                                        “(iii)                                          the Consumer Council for Water (or

any regional committee of that

Council established under section 27A

of the Water Industry Act 1991)”,

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

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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”.

          (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

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Services Regulation Authority”.

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

  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

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substituted “Water Services Regulation Authority”,

 

 

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

    183

 

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

substituted “Water Services Regulation Authority”.

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.

5

Coal Industry Act 1994 (c. 21)

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

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

                    “(o)                      the Water Act 2003.”

Competition Act 1998 (c. 41)

10

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

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

substituted—

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

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

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paragraph (i) is omitted.

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

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

Regulation Authority”.

Postal Services Act 2000 (c. 26)

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

paragraph 3—

              (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—

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                                   “(gga)                                      the Water Act 2003,”.

Utilities Act 2000 (c. 27)

  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—

30

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

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

2003”.

Transport Act 2000 (c. 38)

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

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paragraph 3—

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

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

 

 

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

    184

 

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

                             “(ra)                               the Water Act 2003;”.

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

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

Water Services” there is substituted “the Water Services Regulation

Authority”.

          (3)      In section 168 (regulated markets)—

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

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is substituted “the Water Services Regulation Authority”,

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

                           “(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

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following entry—

               “Water Act 2003 (c.  ).”

Part 3

Miscellaneous

Water Industry Act 1991 (c. 56)

20

  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

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

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

substituted “twenty-three degrees Celsius”.

25

Land Drainage Act 1991 (c. 59)

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

          (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”.

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          (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

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

Act 1991”.

Schedule 8

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Section 93(2)

 

Minor and consequential amendments: licensing of water suppliers etc

  1        The WIA is amended as follows.

 

 

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

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

is inserted—

              “(5A)                 A company shall not be appointed to be a relevant undertaker if it is

a licensed water supplier.”

  3       (1)      Section 18 (orders for securing compliance) is amended as follows.

5

          (2)      In subsection (1)—

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

this Part”; and

              (b)             in paragraph (a), after “appointment” there is inserted “or licence”.

          (3)      After that subsection there is inserted—

10

              “(1A)                Subject to subsection (2) and sections 19 and 20 below, where—

                    (a)                   in the case of any company holding an appointment under

Chapter 1 of this Part, the Secretary of State or the Authority

is satisfied that the company—

                           (i)                          is causing or contributing to a contravention of a

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condition or requirement such as is referred to in

paragraph (a)(i) or (ii) of subsection (1) above by a

company holding a licence under Chapter 1A of this

Part; or

                           (ii)                         is likely to cause or contribute to any such

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contravention; or

                    (b)                   in the case of any company holding a licence under Chapter

1A of this Part, the Secretary of State or the Authority is

satisfied that the company—

                           (i)                          is causing or contributing to a contravention of a

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condition or requirement such as is referred to in

paragraph (a)(i) or (ii) of subsection (1) above by a

company holding an appointment under Chapter 1 of

this Part; or

                           (ii)                         is likely to cause or contribute to any such

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contravention,

                                          he or it shall by a final enforcement order make such

provision as is requisite for the purpose of securing

compliance with that condition or requirement.”

          (4)      In subsection (2)—

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

this Part”; and

              (b)             in paragraph (a), after “subsection (1)” there is inserted “or (1A)”.

          (5)      In subsection (4), after paragraph (a)(ii) there is inserted “or

                           (iii)                             is causing or contributing to a contravention of any

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such condition or requirement; or

                           (iv)                             is likely to cause or contribute to any such

contravention;”.

          (6)      In subsection (6)—

              (a)             in paragraph (a)—

45

                    (i)                   after “this Part” there is inserted “or a licence under Chapter

1A of this Part”; and

 

 

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

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                    (ii)                  in sub-paragraph (i), after “appointment” there is inserted “or

licence”; and

              (b)             in paragraph (b), after “this Part” there is inserted “or of a licence

under Chapter 1A of this Part”.

          (7)      For subsection (8) there is substituted—

5

              “(8)                Where any act or omission—

                    (a)                   constitutes a contravention of a condition of an appointment

under Chapter 1 of this Part or of a condition of a licence

under Chapter 1A of this Part or of a statutory or other

requirement enforceable under this section; or

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                    (b)                   causes or contributes to a contravention of any such

condition or requirement,

                              the only remedies for, or for causing or contributing to, that

contravention (apart from those available by virtue of this section)

shall be those for which express provision is made by or under any

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enactment and those that are available in respect of that act or

omission otherwise than by virtue of its constituting, or causing or

contributing to, such a contravention.”

  4       (1)      Section 19 (exceptions to duty to enforce) is amended as follows.

          (2)      In subsection (1), after paragraph (a) there is inserted—

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                    “(aa)                      that the extent to which the company caused or contributed

to, or was likely to cause or contribute to, a contravention was

trivial;”.

          (3)      In subsection (3), after “paragraph (a),” there is inserted “(aa),”.

  5       (1)      Section 20 (procedure for enforcement orders) is amended as follows.

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          (2)      In subsection (1)—

              (a)             after “final enforcement order” there is inserted “under section 18(1)

above”; and

              (b)             after “provisional enforcement order” there is inserted “in a case in

which section 18(4)(a)(i) or (ii) above applies”.

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          (3)      After that subsection there is inserted—

              “(1A)                Before making a final enforcement order under section 18(1A) above

or confirming a provisional enforcement order in a case in which

section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the

Authority shall give notice—

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                    (a)                   stating that he or it proposes to make or confirm the order

and setting out the effect of the order;

                    (b)                   setting out—

                           (i)                          the condition or requirement for the purposes of

securing compliance with which the order is to be

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made or confirmed;

                           (ii)                         the acts or omissions which, in his or its opinion,

cause or contribute to or would cause or contribute to

the contravention of that condition or requirement;

and

45

                           (iii)                        the other facts which, in his or its opinion, justify the

making or confirmation of the order; and

 

 

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

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                    (c)                   specifying the period (not being less than twenty-one days

from the date of publication of the notice) within which

representations or objections to the proposed order or

proposed confirmation may be made,

                              and shall consider any representations or objections which are duly

5

made and not withdrawn.”

          (4)      In subsection (2), after “subsection (1)” there is inserted “or (1A)”.

  6        In section 22 (effect of enforcement order), in subsection (3), after “section

68(1)(a)” there is inserted “or (1A)(a)”.

  7       (1)      Section 23 (meaning and effect of special administration order) is amended

10

as follows.

          (2)      In subsection (1), after “this Part” there is inserted “or which is a qualifying

licensed water supplier”.

          (3)      In subsection (2), after “in relation to any company” there is inserted

“holding an appointment under Chapter 1 of this Part”.

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          (4)      After that subsection, there is inserted—

              “(2A)                 The purposes of a special administration order made in relation to

any company which is a qualifying licensed water supplier shall

be—

                    (a)                   the transfer to another company or companies, as a going

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concern, of so much of the company’s undertaking as it is

necessary to transfer in order to ensure that activities relating

to the introduction or introductions of water mentioned in

subsection (6)(b) below may be properly carried on; and

                    (b)                   the carrying on of those activities pending the making of the

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transfer.”

          (5)      In subsection (4), for the words from “a company” to the end there is

substituted—

                    “(a)                      a company is replaced by another as a relevant undertaker

without an appointment or variation under Chapter 1 of this

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Part; or

                    (b)                      a company carries on activities relating to the introduction or

introductions of water mentioned in subsection (6)(b) below

formerly carried on by another company,

                   in pursuance of a special administration order.”

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          (6)      After subsection (5), there is inserted—

              “(6)                 For the purposes of this section, sections 24 to 26 below and Schedule

2 to this Act, a licensed water supplier is a qualifying licensed water

supplier if—

                    (a)                   it is the holder of a combined licence (within the meaning of

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Chapter 1A of this Part); and

                    (b)                   the introduction of water by it which is permitted under

section 66B or 66C below is designated as a strategic supply

under section 66G below or the introductions of water by it

which are so permitted are designated as a collective strategic

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supply under section 66H below.”

 

 

 
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