Water Industry Act 1991

195 The Director’s register. E+W

(1) The Director shall, at such premises and in such form as he may determine, maintain a register F1 ...

(2) Subject to any direction given under subsection (3) below, the Director shall cause to be entered in the register the provisions of—

(a) every appointment under Chapter I of Part II of this Act, every termination or transfer of any such appointment, every variation of the area for which any company holds any such appointment and every modification of the conditions of any such appointment;

[F2 (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;]

(b) every direction, consent or determination given or made under any such appointment by the Secretary of State, the [F3 CMA] or the Director himself;

[F4 (bb) every direction, consent or determination given or made under any such licence by the Secretary of State, the Authority, the Assembly [F5 , the Environment Agency or the NRBW] ;

(bc) every determination made by the Authority under section 17E or [F6 66CA(1)] above [F7 or regulation 19 of the Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744)];]

(c) every final enforcement order made under section 18 above, every provisional enforcement order made or confirmed under that section and every revocation of such a final or provisional enforcement order;

(d) every undertaking given to and accepted by the Secretary of State or the Director for the purposes of subsection (1)(b) of section 19 above and every notice under subsection (3) of that section;F8 . . .

(e) every special administration order and every discharge of such an order.

[F9 (f) every penalty imposed under section 22A(1) or (2) above and every notice under section 22A(6) above;][F10 and

(g) every designation made by the Authority under section 66G [F11 , 66H, 117N or 117O].]

(3) If it appears to the Secretary of State that the entry of any provision [F12 or, in the case of information that falls to be entered under subsection (3B), any information] in the register would be against the public interest, he may direct the Director not to enter that provision [F13 or that information] in the register; and the Director shall comply with any such direction.

[F14 (3AA) Before giving a direction under subsection (3) above which relates to a [F15 water supply licensee], the Secretary of State shall consult the Assembly.]

F16 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (3B) Subject to any direction given under subsection (3), the Authority must cause to be entered on the register such information about an agreement falling within section 142(2)(b) as the Authority thinks fit.

(3C) Subsection (3B) has effect in relation to agreements made after the coming into force of section 33 of the Water Act 2014.]

[F18 (4) The Authority must publish a notice setting out—

(a) the times at which the contents of the register are for the time being available for inspection by the public;

(b) the fees that must be paid for, or in connection with, an inspection of the contents of the register;

(c) the fees that must be paid for, or in connection with, the supply by the Authority of—

(i) a copy of the contents of the register, certified by the Authority as being a true copy, or

(ii) an extract from the contents of the register, certified by the Authority as being a true extract.

[F19 (3D) Subject to any direction given under subsection (3), the Authority must cause to be entered on the register the provisions of—

(a) a notice under section 40F(3) (reduction in charges payable under a bulk supply agreement);

(b) a notice under section 66EA(3) (reduction in charges payable under a section 66D agreement);

(c) a notice under section 110G(3) (reduction in charges payable under a main connection agreement);

(d) a notice under section 117J(3) (reduction in charges payable under a section 117E agreement).]

(4A) The Authority must publish the notice in such manner as the Authority thinks appropriate for bringing it to the attention of the persons who, in the Authority's opinion, are likely to be affected by it.

(4B) The Authority must make the contents of the register available for inspection by the public—

(a) during such hours, and

(b) on payment of such fees,

as are set out in the notice under subsection (4) that is for the time being in force.]

(7) Any sums received by the Director under this section shall be paid into the Consolidated Fund.

Textual Amendments

F1 Words in s. 195(1) repealed (14.7.2014) by Water Act 2014 (c. 21), ss. 34(2), 94(2)(i)

F2 S. 195(2)(aa) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F3 Word in s. 195(2)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 90 (with art. 3)

F4 S. 195(2)(bb)(bc) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F5 Words in s. 195(2)(bb) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 253 (with Sch. 7)

F6 Word in s. 195(2)(bc) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(2)(a); S.I. 2017/462, art. 3(k)(xviii)

F7 Words in s. 195(2)(bc) expressed to be inserted (3.10.2016) after the words "the Water Supply Licence (New Customer Exception) Regulations 2005" by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 9

F8 Word in s. 195(2)(d) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 48(2), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(i)(n)(i) (with art. 4, Schs. 1, 2)

F9 S. 195(2)(f) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 48(2), 105(3); S.I. 2005/968, art. 2(i) (with art. 4, Schs. 1, 2)

F10 S. 195(2)(g) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F11 Words in s. 195(2)(g) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(2)(b); S.I. 2017/462, art. 3(k)(xviii)

F12 Words in s. 195(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(3)(a), 94(2)(h)

F13 Words in s. 195(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(3)(b), 94(2)(h)

F14 S. 195(3AA) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F15 Words in s. 195(3AA) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(3); S.I. 2017/462, art. 3(k)(xviii)

F16 S. 195(3A) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(4); S.I. 2017/462, art. 3(k)(xviii)

F17 S. 195(3B)(3C) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(3)(c), 94(2)(h)

F18 S. 195(4)-(4B) substituted for s. 195(4)-(6) (14.7.2014) by Water Act 2014 (c. 21), ss. 35, 94(2)(j)

F19 S. 195(3D) inserted (1.9.2016 for the insertion of s. 195(3D)(b)-(d)) by Water Act 2014 (c. 21), ss. 34(3), 94(3); S.I. 2016/465, art. 3(c)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Modifications etc. (not altering text)

C1 S. 195 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 14(1) (with reg. 1(1)(c))

C2 S. 195(2)(bc) modified (1.12.2005) by The Water Supply Licence (New Customer Exception) Regulations 2005 (S.I. 2005/3076), reg. 5(2) (as amended (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 9)