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Water Bill [HL]


Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    46

 

 42    Guidance to Authority on social and environmental matters

After section 2 of the WIA there is inserted—

       “2A            Guidance on social and environmental matters

           (1)           Guidance may be issued from time to time—

                  (a)                 by the Assembly, with respect to appointment areas which are

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wholly or mainly in Wales; and

                  (b)                 by the Secretary of State, with respect to other appointment

areas,

                                       about the making by the Authority of a contribution towards the

attainment of any social or environmental policies set out or referred to

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in the guidance.

           (2)                         In formulating guidance, the Secretary of State and the Assembly shall,

where practicable, have regard to the costs and benefits which may be

expected to result from the guidance.

           (3)           The Authority shall, in exercising and performing the powers and

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duties mentioned in section 2(1) above (subject to section 2(6) above),

have regard to any guidance issued under this section.

           (4)           Before issuing guidance under this section the Secretary of State and the

Assembly shall consult—

                  (a)                 the Authority;

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                  (b)                 the Council;

                  (c)                 in the case of the Secretary of State, the Assembly and vice versa;

                  (d)                 relevant undertakers;

                  (e)                 licensed water suppliers; and

                  (f)                 such other persons as the Secretary of State or the Assembly

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considers it appropriate to consult in relation to the guidance.

           (5)           A draft of any guidance proposed to be issued by the Secretary of State

under this section shall be laid before each House of Parliament.

           (6)           Guidance shall not be issued by the Secretary of State under this section

until after the period of forty days beginning with—

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                  (a)                 the day on which the draft is laid before each House of

Parliament; or

                  (b)                 if the draft is laid before the House of Lords on one day and the

House of Commons on another, the later of those two days.

           (7)           If, before the end of that period, either House resolves that the guidance

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should not be issued, the Secretary of State must not issue it.

           (8)           In reckoning any period of forty days for the purposes of subsection (6)

or (7) above, no account shall be taken of any time during which—

                  (a)                 Parliament is dissolved or prorogued; or

                  (b)                 both Houses are adjourned for more than four days.

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           (9)           The Secretary of State and the Assembly shall arrange for any guidance

issued by him or it under this section to be published in such manner

as he or it considers appropriate.

           (10)          In this section, an “appointment area” is an area for which an

appointment is held under Chapter 1 of Part 2 of this Act.”

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Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    47

 

 43    Standards of performance in relation to water supply

     (1)    Section 39 of the WIA (procedure for making regulations relating to

performance standards in connection with water supply) is amended as

follows.

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

5

           “(A1)              The Secretary of State may make regulations under section 38 above—

                  (a)                 on an application by the Authority, in accordance with

subsections (1) to (3) below; or

                  (b)                 otherwise than on such an application, in accordance with

subsections (4) to (8) below.”

10

     (3)    In subsection (1)—

           (a)           for the words preceding paragraph (a), and paragraph (a), there is

substituted “Where the Authority has made to the Secretary of State a

written application complying with subsection (2) below, the Secretary

of State may make regulations under section 38 above if—”,

15

           (b)           in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted,

and after sub-paragraph (ii) there is inserted—

                               “(iii)                                 on the Council; and

                               (iv)                                 on such other persons or bodies as the Secretary

of State may consider appropriate;”,

20

           (c)           in paragraph (c)(ii), for “(b)(ii)” there is substituted “(b)”.

     (4)    In subsection (2)—

           (a)           in paragraph (a), for “draft provisions proposed by the Director for

inclusion in” there is substituted “the Authority’s proposals for the

making of”,

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           (b)           in paragraph (b), for “those provisions” there is substituted “the

regulations”.

     (5)    In subsection (3)—

           (a)           for “under section 38 above” there is substituted “on an application by

the Authority under this section”,

30

           (b)           in paragraph (a), for “the provisions proposed by the Director in his

application or those provisions” there is substituted “those which in the

opinion of the Secretary of State give effect to the proposals set out in

the Authority’s application or to those proposals”,

           (c)           in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted,

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and after sub-paragraph (ii) there is inserted “and

                               (iii)                                 to any person or body on whom a copy of the

Authority’s application was served under

subsection (1)(b) above.”

     (6)    After subsection (3) there is added—

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           “(4)              Where no such application as is mentioned in subsection (1) above has

been made, the Secretary of State may make regulations under section

38 above only if he considers—

                  (a)                 that the regulations will contribute towards the attainment of

policies relating to public health or the environment; or

45

 

 

Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    48

 

                  (b)                 (if he does not consider that they will so contribute) that there

are exceptional reasons why it is otherwise in the public interest

that the regulations should be made.

           (5)              Before making regulations under section 38 above by virtue of

subsection (4) above, the Secretary of State shall—

5

                  (a)                 give notice of his proposals;

                  (b)                 consider the results of the research carried out in accordance

with subsection (7) below; and

                  (c)                 consider every representation or objection with respect to the

proposals which has been duly made and not withdrawn.

10

           (6)              A notice under subsection (5)(a) above must—

                  (a)                 summarise the Secretary of State’s reasons for his proposals;

                  (b)                 specify the water undertaker or undertakers in relation to which

it is proposed the regulations should apply; and

                  (c)                 specify the period within which objections or representations

15

with respect to the proposals may be made.

           (7)              Before giving notice under subsection (5)(a) above the Secretary of State

shall arrange for such research as he considers appropriate with a view

to discovering the views of a representative sample of persons likely to

be affected.

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           (8)              A notice under subsection (5)(a) above shall be given by serving a copy

on—

                  (a)                 the Authority;

                  (b)                 the Council;

                  (c)                 every water undertaker to which the regulations will apply;

25

                  (d)                 persons or bodies appearing to the Secretary of State to be

representative of persons likely to be affected by the

regulations; and

                  (e)                 such other persons or bodies as the Secretary of State may

consider appropriate.”

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 44    Standards of performance in relation to sewerage services

     (1)    Section 96 of the WIA (procedure for making regulations relating to

performance standards in connection with sewerage services) is amended as

follows.

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

35

           “(A1)              The Secretary of State may make regulations under section 95 above—

                  (a)                 on an application by the Authority, in accordance with

subsections (1) to (3) below; or

                  (b)                 otherwise than on such an application, in accordance with

subsections (4) to (8) below.”

40

     (3)    In subsection (1)—

           (a)           for the words preceding paragraph (a), and paragraph (a), there is

substituted “Where the Authority has made to the Secretary of State a

written application complying with subsection (2) below, the Secretary

of State may make regulations under section 95 above if—”,

45

           (b)           in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted,

 

 

Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    49

 

and after sub-paragraph (ii) there is inserted—

                               “(iii)                                 on the Council; and

                               (iv)                                 on such other persons or bodies as the Secretary

of State may consider appropriate;”,

           (c)           in paragraph (c)(ii), for “(b)(ii)” there is substituted “(b)”.

5

     (4)    In subsection (2)—

           (a)           in paragraph (a), for “draft provisions proposed by the Director for

inclusion in” there is substituted “the Authority’s proposals for the

making of”,

           (b)           in paragraph (b), for “those provisions” there is substituted “the

10

regulations”.

     (5)    In subsection (3)—

           (a)           for “under section 95 above” there is substituted “on an application by

the Authority under this section”,

           (b)           in paragraph (a), for “the provisions proposed by the Director in his

15

application or those provisions” there is substituted “those which in the

opinion of the Secretary of State give effect to the proposals set out in

the Authority’s application or to those proposals”,

           (c)           in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted,

and after sub-paragraph (ii) there is inserted “and

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                               (iii)                                 to any person or body on whom a copy of the

Authority’s application was served under

subsection (1)(b) above.”

     (6)    After subsection (3) there is added—

           “(4)              Where no such application as is mentioned in subsection (1) above has

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been made, the Secretary of State may make regulations under section

95 above only if he considers—

                  (a)                 that the regulations will contribute towards the attainment of

policies relating to public health or the environment; or

                  (b)                 (if he does not consider that they will so contribute) that there

30

are exceptional reasons why it is otherwise in the public interest

that the regulations should be made.

           (5)              Before making regulations under section 95 above by virtue of

subsection (4) above, the Secretary of State shall—

                  (a)                 give notice of his proposals;

35

                  (b)                 consider the results of the research carried out in accordance

with subsection (7) below; and

                  (c)                 consider every representation or objection with respect to the

proposals which has been duly made and not withdrawn.

           (6)              A notice under subsection (5)(a) above must—

40

                  (a)                 summarise the Secretary of State’s reasons for his proposals;

                  (b)                 specify the sewerage undertaker or undertakers in relation to

which it is proposed the regulations should apply; and

                  (c)                 specify the period within which objections or representations

with respect to the proposals may be made.

45

           (7)              Before giving notice under subsection (5)(a) above the Secretary of State

shall arrange for such research as he considers appropriate with a view

 

 

Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    50

 

to discovering the views of a representative sample of persons likely to

be affected.

           (8)              A notice under subsection (5)(a) above shall be given by serving a copy

on—

                  (a)                 the Authority;

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                  (b)                 the Council;

                  (c)                 every sewerage undertaker to which the regulations will apply;

                  (d)                 persons or bodies appearing to the Secretary of State to be

representative of persons likely to be affected by the

regulations; and

10

                  (e)                 such other persons or bodies as the Secretary of State may

consider appropriate.”

Functions of the Council

 45    General functions of the Council

     (1)    After section 27B of the WIA (which is inserted by section 37) there is

15

inserted—

“General functions of the Council

       27C            The interests of consumers

           (1)           In considering the interests of consumers, the Council shall have regard

to the interests of—

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                  (a)                 individuals who are disabled or chronically sick;

                  (b)                 individuals of pensionable age;

                  (c)                 individuals with low incomes;

                  (d)                 individuals residing in rural areas; and

                  (e)                 customers, of companies holding an appointment under

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Chapter 1 of Part 2 of this Act, whose premises are not eligible

to be supplied by a licensed water supplier,

                         but that is not to be taken as implying that regard may not be had to the

interests of other descriptions of consumer.

           (2)           For the purposes of subsection (1) above, premises are not eligible to be

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supplied by a licensed water supplier if—

                  (a)                 they are household premises (as defined in section 17C above);

or

                  (b)                 the total quantity of water estimated to be supplied to the

premises annually for the purposes of subsection (2) of section

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17D above is less than the quantity specified in that subsection.

       27D            Acquisition and review of information

The Council shall have the function of obtaining and keeping under

review—

                  (a)                 information about consumer matters (including matters

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affecting consumers in different areas); and

                  (b)                 information about the views of consumers on such matters

(including the views of consumers in different areas).

 

 

 
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Revised 26 June 2003