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

    200

 

paragraph includes (among other things) showing that the

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

5

exercised all due diligence as mentioned in that paragraph

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.

10

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

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

15

used for human consumption.”

  21                In section 72 (contamination of water sources), in subsection (5), after

paragraph (b) there is inserted “; and

                    (c)                      any pipe or conduit of a licensed water supplier.”

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

20

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

licensed water supplier”, and

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

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

(1)—

25

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

water supplier”,

              (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

30

water supplier”.

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

          (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

35

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

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

                    (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

40

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

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

45

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

 

 

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

    201

 

                    (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)

below in relation to those premises.”

5

          (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

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

10

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

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

15

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.”

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

20

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

  26      (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,”.

25

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

              “(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.”

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

30

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

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

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

35

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

          (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—

40

                           (i)                          any water undertaker or licensed water supplier 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 undertaker or supplier by or under

45

any of sections 68, 69 and 79 above; or

 

 

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

    202

 

                           (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

5

section.”

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

supplier or other relevant person”.

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

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

10

          (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

15

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”.

20

          (7)      In paragraph (d)—

              (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)”.

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

25

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

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

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

provisions—

              (a)             subsection (1),

30

              (b)             subsection (2), and

              (c)             subsection (3),

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

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

is amended as follows.

35

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

supplier”.

          (3)      In subsection (2)—

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

supplier”, and

40

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

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)—

45

 

 

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

    203

 

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

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

5

supplier”, and

              (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

10

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

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

          (2)      In subsection (1)—

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

supplier”, and

15

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

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

supplier”.

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

          (2)      In subsection (1)—

20

              (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

25

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

30

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

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

water supplier”.

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

after paragraph (c) there is inserted—

35

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

under section 66D above;”.

  35       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

40

water supplier to premises of customers in accordance with Chapter

1A of Part 2 of this Act.”

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

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

 

 

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

    204

 

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

“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”.

5

  38      (1)               Section 162 (works in connection with metering) is amended as follows.

          (2)                        In subsection (1A), in paragraph (a) at the end there is inserted “or”.

          (3)                        In that subsection, after paragraph (c) there is inserted “or

                    (d)                      a licensed water supplier supplies water to those premises

using the undertaker’s supply system.”

10

          (4)               After that subsection there is inserted—

              “(1B)                In subsection (1A)(d) above, the reference to the supply system of a

water undertaker shall be construed in accordance with section

17B(5) above.”

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

15

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

  40      (1)               Section 174 (offences of interference with works) is amended as follows.

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

              “(1A)                Subject to subsection (2) below, if any person without the consent of

the licensed water supplier—

20

                    (a)                   intentionally or recklessly interferes with any pipe or any

structure, installation or apparatus which—

                           (i)                          is vested in any licensed water supplier (in the case of

a pipe) or belongs to any such supplier (in any other

case); and

25

                           (ii)                         is used in connection with the carrying on by the

supplier of the activities authorised by its licence; or

                    (b)                   by any act or omission negligently interferes with any such

pipe or with any such structure, installation or apparatus so

as to damage it or so as to have an effect on its use or

30

operation,

                              that person shall be guilty of an offence and liable, on summary

conviction, to a fine not exceeding level 3 on the standard scale.”

          (3)                        In subsection (2)—

              (a)             after “subsection (1)” there is inserted “or (1A)”; and

35

              (b)             in paragraph (b)—

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

supplier”; and

                    (ii)                  in sub-paragraph (ii), for the words from “the stopcock was”

to the end there is substituted “subsection (2A) below

40

applies”.

          (4)                        After that subsection there is inserted—

              “(2A)                This subsection applies—

                    (a)                   in the case of a stopcock belonging to a water undertaker, if

the stopcock was closed otherwise than by the undertaker;

45

 

 

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

    205

 

                    (b)                   in the case of a stopcock belonging to a licensed water

supplier—

                           (i)                          if the stopcock was closed otherwise than by the

supplier; or

                           (ii)                         if the stopcock was closed by the supplier and the

5

person in question for the purposes of subsection (2)

above is the water undertaker whose supply system is

used for the purpose of the supply made by the

supplier,

                              and in this subsection the reference to the supply system of a water

10

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

above.”

          (5)                        In subsection (3), in paragraph (c), for “section” there is substituted

“subsection”.

          (6)                        After that subsection there is inserted—

15

              “(3A)                Any person who, without the consent of the licensed water

supplier—

                    (a)                   attaches any pipe or apparatus to any pipe which is—

                           (i)                          vested in a licensed water supplier; and

                           (ii)                         used in connection with the carrying on by the

20

supplier of the activities authorised by its licence;

                    (b)                   attaches any pipe or apparatus to any service pipe which

does not belong to such a supplier or a water undertaker but

which is a pipe by means of which water is supplied by such

a supplier to any premises;

25

                    (c)                   makes any alteration in a service pipe by means of which

water is so supplied, or in any apparatus attached to any such

pipe; or

                    (d)                   subject to subsection (4) below, uses any pipe or apparatus

which has been attached or altered in contravention of this

30

subsection,

                              shall be guilty of an offence and liable, on summary conviction, to a

fine not exceeding level 3 on the standard scale.”

          (7)                        In subsection (4)—

              (a)             after “subsection (3) above” there is inserted “or paragraph (d) of

35

subsection (3A) above”, and

              (b)             for “that subsection” there is substituted “subsection (3) or (3A)

above (as the case may require)”.

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

              “(5A)                If any person wilfully or negligently injures or suffers to be injured

40

any water fitting which—

                    (a)                   belongs to a licensed water supplier; and

                    (b)                   is used in connection with the carrying on by the supplier of

the activities authorised by its licence,

                              he shall be guilty of an offence and liable, on summary conviction, to

45

a fine not exceeding level 1 on the standard scale.”

          (9)               After subsection (8) there is inserted—

              “(8A)                In this section “consumer”—

 

 

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

    206

 

                    (a)                   in relation to a supply of water provided by a water

undertaker to any premises, means a person who is for the

time being the person on whom liability to pay charges to the

undertaker in respect of that supply of water would fall;

                    (b)                   in relation to a supply of water provided by a licensed water

5

supplier to any premises, means a person who is for the time

being the person on whom liability to pay charges to the

supplier in respect of that supply of water would fall.”

          (10)              In subsection (9), for ““consumer” and “water fitting” have the same

meanings” there is substituted ““water fitting” has the same meaning”.

10

  41      (1)               Section 175 (offence of tampering with meter) is amended as follows.

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

supplier”.

          (3)               In subsection (2), for the words from “consent” to the end there is substituted

“appropriate consent”.

15

          (4)                        After that subsection there is inserted—

              “(3)                In subsection (2) above, the “appropriate consent” means—

                    (a)                   if the meter is used by one relevant undertaker, the consent of

that undertaker;

                    (b)                   if the meter is used by one licensed water supplier, the

20

consent of that supplier;

                    (c)                   if the meter is used by two or more of the following persons—

                           (i)                          a relevant undertaker;

                           (ii)                         a licensed water supplier,

                                          the consent of each of those persons.

25

              (4)                In subsection (3) above, references to the consent of a relevant

undertaker are references to consent under section 176 below.”

  42      (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”.

30

          (3)      After that subsection there is inserted—

              “(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

35

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

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.”

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

as follows.

40

          (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;”.

 

 

 
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 26 June 2003