House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Water Bill [HL]


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

    195

 

suppliers with respect to the use for the purposes of or in connection with

making relevant supplies”.

          (5)      In subsection (4)—

              (a)             in paragraph (a)—

                    (i)                   for “forbid the use by water undertakers of” there is

5

substituted “require water undertakers or licensed water

suppliers to ensure that”; and

                    (ii)                  at the end there is inserted “are not used for the purposes of

or in connection with relevant supplies”;

              (b)             in paragraph (b)—

10

                    (i)                   after “require” there is inserted “water undertakers and

licensed water suppliers to ensure that”; and

                    (ii)                  for “by water undertakers to” there is substituted “for the

purposes of or in connection with relevant supplies”; and

              (c)             in paragraph (c), for “by water undertakers” there is substituted “for

15

the purposes of or in connection with relevant supplies”.

          (6)      In subsection (5)—

              (a)             the words “require a water undertaker” are omitted;

              (b)             in paragraph (a)—

                    (i)                   at the beginning, there is inserted “require a water

20

undertaker”; and

                    (ii)                  for “by that undertaker” there is substituted “using that

undertaker’s supply system”;

              (c)             the word “and” at the end of paragraph (a) is omitted;

              (d)             after that paragraph, there is inserted—

25

                           “(aa)                             require a licensed water supplier to publish

information about the quality of water supplied for

domestic or food production purposes to any

premises by that supplier”; and

              (e)             in paragraph (b)—

30

                    (i)                   at the beginning, there is inserted “require any such

undertaker or supplier”; and

                    (ii)                  for “so supplied” there is substituted “supplied as referred to

in paragraph (a) or (aa) above (as the case may be)”.

          (7)      In subsection (6)—

35

              (a)             in paragraph (b)—

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

supplier”; and

                    (ii)                  after “the undertaker” there is inserted “or supplier”; and

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

40

water supplier”.

          (8)      After that subsection there is inserted—

              “(7)                In this section, “relevant supplies” means—

                    (a)                   in the case of an obligation imposed on a water undertaker,

supplies of water—

45

                           (i)                          made by the undertaker in carrying out its functions;

or

 

 

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

    196

 

                           (ii)                         made by a licensed water supplier using the

undertaker’s supply system; and

                    (b)                   in the case of an obligation imposed on a licensed water

supplier, supplies of water made by that supplier using a

water undertaker’s supply system.”

5

  19      (1)      Section 70 (offence of supplying water unfit for human consumption) is

amended as follows.

          (2)      In subsection (1)—

              (a)             for the words from “water undertaker” to “pipes” there is substituted

“water undertaker’s supply system is used for the purposes of

10

supplying water”; and

              (b)             for “the undertaker” there is substituted “the relevant persons”.

          (3)      After that subsection there is inserted—

              “(1A)                For the purposes of subsection (1) above, the relevant persons are—

                    (a)                   the water undertaker whose supply system is used for the

15

purposes of supplying the water (in this section referred to as

the “primary water undertaker”); and

                    (b)                   any employer of persons, or any self-employed person, who

is concerned in the supply of the water.”

          (4)      In subsection (3)—

20

              (a)             for “water undertaker” there is substituted “relevant person”;

              (b)             for “that undertaker” there is substituted “that person”; and

              (c)             in paragraph (b), for “its” there is substituted “the primary water

undertaker’s”.

          (5)      After that subsection there is inserted—

25

              “(3A)                For the purposes of paragraph (b) of subsection (3) above—

                    (a)                   in the case of proceedings against a primary water

undertaker, showing that the undertaker took all reasonable

steps and exercised all due diligence as mentioned in that

paragraph includes (among other things) showing that the

30

relevant arrangements were reasonable in all the

circumstances; and

                    (b)                   in the case of proceedings against any other relevant person,

showing that the person took all reasonable steps and

exercised all due diligence as mentioned in that paragraph

35

includes (among other things) showing that it took all

reasonable steps and exercised all due diligence for securing

that all aspects of the relevant arrangements for which it was

responsible were properly carried out.

              (3B)                In subsection (3A) above, “relevant arrangements” means

40

arrangements made by the primary water undertaker to ensure that

all other relevant persons were required to take all reasonable steps

and exercise all due diligence for securing that the water was fit for

human consumption on leaving the undertaker’s pipes or was not

used for human consumption.”

45

  20       In section 73 (offences of contaminating water etc), in subsection (1)—

              (a)             in the opening words, after “undertaker” there is inserted “or

licensed water supplier”, and

 

 

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

    197

 

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

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

(1)—

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

water supplier”,

5

              (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”.

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

10

          (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 water undertaker whose

supply system is used for the purpose of a licensed water supplier

making a supply of water to any premises has reason for believing—

15

                    (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;

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

20

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

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

those premises is being or is likely to be contaminated before

25

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

which it is supplied, misused or unduly consumed,

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

30

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

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

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

35

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

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

providing the supply a copy of any notice under this section

40

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

above.

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

water undertaker shall be construed in accordance with section

17B(5) above.”

45

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

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

 

 

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

    198

 

  24      (1)               Section 78 (local authority’s functions in relation to undertaker’s supplies) is

amended as follows.

          (2)               In subsection (1)(a), after “undertaker” there is inserted “, or by a licensed

water supplier using that undertaker’s supply system,”.

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

5

              “(3)                In subsection (1)(a) above, the reference to the water undertaker’s

supply system shall be construed in accordance with section 17B(5)

above.”

  25      (1)               Section 86 (enforcement of water quality) is amended as follows.

          (2)                        In subsection (1)(b), for “by a water undertaker” there is substituted “using

10

a water undertaker’s supply system”.

          (3)                        In subsection (2)(a)(i), for the words from “by” to “above” there is

substituted “or a licensed water supplier by or under any of sections 68, 69

or 79 above or imposed on a relevant person (as defined in subsection (1A)

of section 70 above) by or under that section”.

15

          (4)                        In subsection (3), after “undertaker” there is inserted “, licensed water

supplier or other relevant person (as defined in section 70(1A) above)”.

          (5)                        In subsection (4), for paragraph (c) there is substituted—

                    “(c)                      at any reasonable time require—

                           (i)                          any water undertaker or licensed water supplier to

20

supply him with copies of, or extracts from, the

contents of any records kept for the purpose of

complying with any duty or other requirement

imposed on that undertaker or supplier by or under

any of sections 68, 69 or 79 above; or

25

                           (ii)                         any relevant person (as defined in subsection (1A) of

section 70 above) to supply him with copies of, or

extracts from, the contents of any records kept for the

purpose of complying with any duty or other

requirement imposed on that person by or under that

30

section.”

          (6)               In subsection (6), after “undertaker” there is inserted “, licensed water

supplier or other relevant person”.

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

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

35

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

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

40

purpose of increasing the fluoride content of any water

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”.

45

          (7)      In paragraph (d)—

 

 

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

    199

 

              (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)”.

  27       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

5

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

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

provisions—

              (a)             subsection (1),

              (b)             subsection (2), and

10

              (c)             subsection (3),

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

  29      (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

15

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

20

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

25

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

30

              (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”.

35

  30      (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”.

40

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

supplier”.

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

          (2)      In subsection (1)—

 

 

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

    200

 

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

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

5

supplier”.

          (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

10

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

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

water supplier”.

  32                In section 148 (restriction for charging for metering works), in subsection (2),

after paragraph (c) there is inserted—

15

                    “(cc)                      any sums which it is entitled to recover under an agreement

under section 66D above;”.

  33       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

20

water supplier to premises of customers in accordance with Chapter

1A of Part 2 of this Act.”

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

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

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

25

“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”.

  36                In section 163 (power to fit stopcocks), in subsection (1), after “the

30

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

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

          (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—

35

              “(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

40

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.”

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

as follows.

 

 

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

    201

 

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

                    “(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—

5

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

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;”.

10

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

inserted “and

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

or 66H above.”

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

15

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

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

Assembly.”

  39      (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

20

substituted—

                    “(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

25

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

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

30

of that Part”.

  40      (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

35

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

information relating to any matter which—

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

carrying on by that company of the activities authorised by

the licence; or

40

                    (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

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

45

under Chapter 1A of that Part”.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 30 April 2003