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

    207

 

          (3)      In that subsection, after paragraph (b) there is inserted—

                    “(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

5

17E or 66D(1) above;”.

          (4)      In that subsection, after paragraph (f) (inserted by section 50(2)) there is

inserted “and

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

or 66H above.”

10

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

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

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

Assembly.”

  44      (1)      Section 201 (publication of information and advice) is amended as follows.

15

          (2)      In subsection (1), for the words from “relating to” to “as it may” there is

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;

20

or

                    (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”.

25

          (3)      In subsection (2), at the end there is inserted “or a licence under Chapter 1A

of that Part”.

  45      (1)      Section 202 (duty to furnish the Secretary of State with information) is

amended as follows.

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

30

              “(1A)                It shall be the duty of a company holding a licence under Chapter 1A

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

35

the licence; or

                    (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.”

40

          (3)      In subsection (4), in paragraph (c), at the end there is inserted “or licences

under Chapter 1A of that Part”.

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

supplier”.

  46      (1)      Section 203 (power to acquire information for enforcement purposes) is

45

amended as follows.

          (2)      In subsection (1), for the words from “that a company” to “section 18 above”

 

 

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

    208

 

there is substituted—

                    “(a)                      in the case of a company which holds an appointment as a

relevant undertaker, that the company—

                           (i)                          may be contravening, or may have contravened, any

condition of the appointment or any statutory or

5

other requirement enforceable under section 18

above; or

                           (ii)                         may be causing or contributing to, or may have

caused or contributed to, a contravention by a

company holding a licence under Chapter 1A of Part

10

2 of this Act of any condition of the licence or any

statutory or other requirement enforceable under

section 18 above; or

                    (b)                      in the case of a company which holds a licence under that

Chapter, that the company—

15

                           (i)                          may be contravening, or may have contravened, any

condition of the licence or any statutory or other

requirement enforceable under section 18 above; or

                           (ii)                         may be causing or contributing to, or may have

caused or contributed to, a contravention by a

20

company holding an appointment as a relevant

undertaker of any condition of the appointment or

any statutory or other requirement enforceable under

section 18 above,”.

          (3)      In subsection (7)—

25

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

that Part”, and

              (b)             after “such an appointment” there is inserted “or licence”.

  47      (1)      Section 205 (exchange of metering information) is amended as follows.

          (2)      In subsection (1)—

30

              (a)             in paragraph (a), for “relevant undertakers” there is substituted

“service providers”,

              (b)             in paragraphs (b) and (c), for “undertakers” there is substituted

“providers”,

              (c)             in paragraph (d), for “undertaker” there is substituted “provider”,

35

and

              (d)             in the closing words, for “undertaker”, in both places where it

appears, there is substituted “provider”.

          (3)      In subsection (2)—

              (a)             for “relevant undertaker” there is substituted “service provider”,

40

              (b)             for “such undertaker” there is substituted “such provider”, and

              (c)             for “the undertaker” there is substituted “the provider”.

          (4)      For subsection (3) there is substituted—

              “(3)                The duties of a service provider under this section shall be

enforceable under section 18 above by the Authority.

45

              (4)                For the purposes of this section, the following are service

providers—

                    (a)                   any relevant undertaker; and

 

 

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

    209

 

                    (b)                   any licensed water supplier.”

  48      (1)      Section 206 (restriction on disclosure of information) is amended as follows.

          (2)      In subsection (3), at the end of paragraph (b) there is inserted “or by a

licensed water supplier of any of the duties imposed on it by or under this

Act”.

5

          (3)               In that subsection, in paragraph (c), for “203(1) or (2)” there is substituted

“203(1), (1A), (2) or (2A)”.

          (4)      In subsection (5), in paragraph (a), after “undertaker” there is inserted “or

with the carrying on by a licensed water supplier of activities under its

licence”.

10

  49      (1)      Section 208 (directions in the interests of national security) is amended as

follows.

          (2)      In subsections (1) and (2)—

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

supplier”, and

15

              (b)             after “that undertaker” there is inserted “or supplier (as the case may

be)”.

          (3)      In subsection (3), after “relevant undertaker”, in both places where it

appears, there is inserted “or licensed water supplier”.

  50      (1)      Section 213 (power to make regulations) is amended as follows.

20

          (2)      In subsection (1), after “section 8(1) or (2)” there is inserted “or 17D(8)”.

          (3)      In subsection (2)(a), after “sewerage undertaker” there is inserted “or

licensed water supplier”.

  51      (1)      In section 219 (general interpretation), subsection (1) is amended as follows.

          (2)      In paragraph (a) of the definition of “customer or potential customer”, at the

25

end there is inserted “(other than a licensed water supplier)”.

          (3)      In the definition of “water main”—

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

supplier”; and

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

30

          (4)      In the appropriate place there is inserted—

                                ““licensed water supplier” shall be construed in accordance with

section 17B(9) above”.

  52      (1)      Schedule 2 (transitional provision on termination of appointments) is

amended as follows.

35

          (2)      In paragraph 1, in sub-paragraph (1), for “and (3)” there is substituted “to

(3A)”.

          (3)      In that paragraph, in paragraph (a) of sub-paragraph (3), after “company”

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

          (4)      In that paragraph, after that sub-paragraph there is inserted—

40

          “(3A)                                   The third case in which this Schedule applies is where—

                      (a)                     the High Court has made a special administration order in

relation to any company which is a qualifying licensed

water supplier (“the transferor”); and

 

 

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

    210

 

                      (b)                     it is proposed that on and after the relevant date another

company (“the transferee”) should carry on activities

relating to the introduction or introductions of water

mentioned in section 23(6)(b) of this Act which were

carried on by the transferor until that date.”

5

          (5)      In that paragraph, in sub-paragraph (4)—

              (a)             in paragraph (b) of the definition of “the relevant date”, after “sub-

paragraph (3)” there is inserted “or (3A)”, and

              (b)             there are inserted in the appropriate places—

                                      ““other relevant companies” means any companies, other than

10

the transferor and the transferee, which are likely on or at

a time after the relevant date to be holding appointments

as water undertakers for any area in which, or in part of

which, the activities relating to the introduction or

introductions of water mentioned in section 23(6)(b) of this

15

Act will be carried on by the transferee;”

                                      ““transferor” and “transferee” shall be construed in accordance

with sub-paragraph (3A) above;”.

          (6)      In paragraph 2, after sub-paragraph (7) there is inserted—

          “(7A)                                   In a case specified in paragraph 1(3A) above—                  

20

                      (a)                     the preceding provisions of this paragraph shall have

effect as if—

                             (i)                            any reference to the existing appointee were a

reference to the transferor;

                             (ii)                           any reference to the new appointee were a

25

reference to the transferee; and

                             (iii)                          any reference to other appointees were a reference

to other relevant companies; and

                      (b)                     sub-paragraph (6) above shall have effect as if the reference

to functions were, in relation to a company which is a

30

licensed water supplier, a reference to activities authorised

by its licence and any statutory functions imposed on it in

consequence of its licence.”

          (7)      In paragraph 3, after sub-paragraph (6) there is inserted—

          “(7)                                   In a case specified in paragraph 1(3A) above the preceding

35

provisions of this paragraph shall have effect as if—

                      (a)                     any reference to the existing appointee were a reference to

the transferor;

                      (b)                     any reference to the new appointee were a reference to the

transferee; and

40

                      (c)                     any reference to other appointees were a reference to other

relevant companies.”

          (8)      After paragraph 4 there is inserted—

“Exclusion of transfer of licence

          4A                  Where a scheme under this Schedule is made in the case specified

45

in paragraph 1(3A) above, the scheme may not provide for the

 

 

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

    211

 

transfer to the transferee of the licence under Chapter 1A of Part 2

of this Act which is held by the transferor.”

          (9)      In paragraph 5, after sub-paragraph (2) there is inserted—

          “(3)                                   In a case specified in paragraph 1(3A) above—

                      (a)                     sub-paragraph (2) above shall have effect as if—

5

                             (i)                            any reference to the existing appointee were a

reference to the transferor;

                             (ii)                           any reference to the new appointee were a

reference to the transferee; and

                             (iii)                          any reference to any other appointee or appointees

10

were a reference to any other relevant company or

companies; and

                      (b)                     paragraph (g) of that sub-paragraph shall have effect as if

the reference to two or more such appointees as are

mentioned in paragraph (f) of that sub-paragraph were a

15

reference to two or more such persons as are mentioned in

that paragraph (as it has effect by virtue of paragraph (a)

above).”

          (10)     In paragraph 6, after sub-paragraph (8) there is inserted—

          “(9)                                   In a case specified in paragraph 1(3A) above, the preceding

20

provisions of this paragraph shall have effect as if—

                      (a)                     any reference to the existing appointee were a reference to

the transferor; and

                      (b)                     any reference to the new appointee were a reference to the

transferee.”

25

  53      (1)      Schedule 3 (special administration orders) is amended as follows.

          (2)      In paragraph 4—

              (a)             in paragraph (a), at the end there is inserted “or a licence under

Chapter 1A of that Part”, and

              (b)             in paragraph (b), at the end there is inserted “or licence”.

30

          (3)      In paragraph 10(2)—

              (a)             after “1991” there is inserted “or its licence under Chapter 1A of that

Part”, and

              (b)             after “that appointment” there is inserted “or licence”.

Water Resources Act 1991 (c. 57)

35

  54      (1)               The WRA is amended as follows.

          (2)               In section 203 (exchange of information with respect to pollution incidents

etc)—

              (a)             after subsection (1) there is inserted—

                    “(1A)                      It shall be the duty of the Agency to provide a licensed water

40

supplier with all such information to which this section

applies as is in the possession of the Agency and is

reasonably requested by the supplier for purposes connected

with the carrying on of activities under its licence.”,

 

 

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

    212

 

              (b)             after subsection (2) there is inserted—

                    “(2A)                      It shall be the duty of every licensed water supplier to

provide the Agency with all such information to which this

section applies as is in the possession of the supplier and is

reasonably requested by the Agency for purposes connected

5

with the carrying out of any of its functions.”,

              (c)             for subsection (3) there is substituted—

                    “(3)                      Information provided to a water undertaker, to a licensed

water supplier or to the Agency under subsection (1), (1A),

(2) or (2A) above shall be provided in such form and in such

10

manner and at such times as the undertaker, the supplier or

the Agency, as the case may be, may reasonably require.”,

              (d)             in subsection (4)—

                    (i)                   for “subsection (1) or (2)” there is inserted “subsection (1),

(1A), (2) or (2A)”, and

15

                    (ii)                  after “undertaker” there is inserted “, to a licensed water

supplier”,

              (e)             in subsection (5), for “a water undertaker under subsection (2) above

shall” there is substituted—

                           “(a)                                                      a water undertaker under subsection (2) above; or

20

                           (b)                                                       a licensed water supplier under subsection (2A)

above,

                                          shall”, and

              (f)             after subsection (7) there is inserted—

                    “(8)                      Any reference in this section to a licensed water supplier is a

25

reference to a company holding a licence under Chapter 1A

of Part 2 of the Water Industry Act 1991.”

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

              (a)             in paragraph (b) of subsection (2), for “or sewerage undertaker” there

is substituted “, sewerage undertaker or company holding a licence

30

under Chapter 1A of Part 2 of the Water Industry Act 1991”,

              (b)             in paragraph (c) of that subsection, for “203(1) or (2)” there is

substituted “203(1), (1A), (2) or (2A)”, and

              (c)             in subsection (4)(a), after “sewerage undertaker” there is inserted “,

or with the carrying on by a company holding a licence under

35

Chapter 1A of Part 2 of the Water Industry Act 1991 of activities

under its licence,”.

Competition Act 1998 (c. 41)

  55       In Schedule 7 to the Competition Act 1998, in paragraph 19A(9), in the

definition of “special reference group”, in paragraph (g), for “or 14” there is

40

substituted “, 14 or 17K”.

Enterprise Act 2002 (c. 40)

  56      (1)      The Enterprise Act 2002 is amended as follows.

          (2)      In section 168 (regulated markets)—

 

 

Water Bill [HL]
Schedule 9 — Repeals
Part 1 — Abstraction and impounding

    213

 

              (a)             after subsection (3)(f) there is inserted—

                           “(ff)                             modifying the conditions of a licence granted under

Chapter 1A of Part 2 of the Act of 1991 or modifying

the terms and conditions of an agreement under

section 66D of that Act;”, and

5

              (b)             after subsection (4)(f) there is inserted—

                           “(ff)                             in relation to a licence granted under Chapter 1A of

Part 2 of the Act of 1991 or an agreement under

section 66D of that Act, the duties of the Authority

under section 2 of that Act or under that section and

10

section 66D of that Act (as the case may be);”.

          (3)      In section 249 (special administration regimes), in subsection (1), after

paragraph (a) there is inserted—

                    “(aa)                      a qualifying licensed water supplier within the meaning of

subsection (6) of section 23 of the Water Industry Act 1991

15

(meaning and effect of special administration order),”.

Schedule 9

Section 98(2)

 

Repeals

Part 1

Abstraction and impounding

20

 

Short title and chapter

Extent of repeal

 
 

Water Resources Act 1991

In section 21(9), the words from “in that

 
 

(c. 57)

subsection” to the end.

 
  

In section 25(2), the words “, in circumstances

 
  

not constituting such a contravention,”.

 

25

  

Section 28.

 
  

Section 29(3).

 
  

Sections 30 and 31.

 
  

Section 33.

 
  

Section 36.

 

30

  

Section 39(3).

 
  

In section 47, in subsection (1), the words “to

 
  

abstract water”; and subsection (3).

 
  

Sections 49 and 50.

 
  

Section 52(8).

 

35

  

Section 223.

 
 

 

 
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