The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

Functions in relation to information E+W

14.—(1) Section 195 M1 (the Authority's register) applies as if—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (2) (documents to be entered in the register), after paragraph (bc), there were inserted—

“(bd) every notice issued by the Secretary of State or the Authority under the Regulations (other than a notice issued under regulation 9);”.

(2) Section 195A M2 (reasons for decisions) applies as if, in subsection (1) (decisions for which reasons must be published)—

(a) the “and” following paragraph (f) were repealed; and

(b) after paragraph (f), there were inserted—

“(fa) the giving of any notice under the Regulations (other than a notice issued under regulation 9); and”.

(3) Section 199 M3 (sewer maps) applies as if—

(a) after subsection (1) (duty to keep records), there were inserted—

“(1A) Subject to subsection (6) below, it shall be the duty of every licensed infrastructure provider to keep records of the location and relevant particulars of every sewer or disposal main owned by it.”;

(b) in subsection (3) (maintenance of separate records for each local authority area)—

(i) after “a sewerage undertaker”, there were inserted “ or a licensed infrastructure provider ”;

(ii) after “that undertaker”, there were inserted “ or licensed infrastructure provider ”; and

(iii) after “the undertaker”, there were inserted “ or the licensed infrastructure provider ”;

(c) in subsection (4) (availability of records)—

(i) after “every sewerage undertaker”, there were inserted “ and every licensed infrastructure provider ”; and

(ii) after “the undertaker”, there were inserted “ or licensed infrastructure provider (as the case may be) ”;

(d) in subsection (5) (information to be available as a map), after “a sewerage undertaker”, there were inserted “ or a licensed infrastructure provider ”; and

(e) in subsection (9) (enforcement), after “a sewerage undertaker”, there were inserted “ or a licensed infrastructure provider ”.

(4) Section 200 (provision of sewer maps to local authorities) applies as if—

(a) in subsection (1) (duty to provide local authorities with records), after “every sewerage undertaker”, there were inserted “ and every licensed infrastructure provider ”; and

(b) in subsections (2) (local authority to make records available) and (4) (enforcement), after “a sewerage undertaker” each time they appear, there were inserted “ or a licensed infrastructure provider ”.

(5) Section 201 M4 (publication of certain information and advice) applies as if, in subsection (1)(b), after “authorised”, there were inserted “ or regulated ”.

(6) Section 202 M5 (duties of undertakers and [F2 water supply licensees and sewerage licensees] to furnish the Secretary of State with information) applies as if—

(a) in the title, after “undertakers” there were inserted “ etc ”;

(b) in subsection (1A) (duties of [F2 water supply licensees and sewerage licensees] to furnish information), in paragraph (a), after “authorised”, there were inserted “ or regulated ”; and

(c) in subsection (5) (enforcement under section 18 of the Act), for “or [F3 sewerage licensee]” there were substituted “ , [F3 sewerage licensee] or licensed infrastructure provider ”.

(7) Section 203 M6 (power to acquire information for enforcement purposes) applies as if—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subsections (4) and (5) (offences) were repealed;

[F5 (c) in subsection (8) (definition of “the Minister”), after paragraph (a)(ii), there were inserted—

(iii) any licensed infrastructure provider carrying out functions using the supply system or sewerage system of any such undertaker”]

(8) Section 205 M7 (exchange of metering information between service providers) applies as if, in subsection (4), after paragraph (a), there were inserted—

“(aa) any licensed infrastructure provider; and”.

Textual Amendments

F1 Sch. 1 para. 14(1)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(a)

F2 Words in Sch. 1 para. 14(6) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(b)(i)

F3 Words in Sch. 1 para. 14(6)(c) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(b)(ii)

F4 Sch. 1 para. 14(7)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(c)

F5 Sch. 1 para. 14(7)(c) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(d)

Marginal Citations

M1 Section 195 was amended by section 15 of, and Schedule 3 to, the Water Industry Act 1999 and sections 48 and 101(1) of, and Schedule 8 to, the Water Act 2003.

M2 Section 195A was inserted by section 51 of the Water Act 2003.

M3 Section 199 was amended by section 97 of the Water Act 2003.

M4 Section 201 was amended by section 278 of, and Schedule 25 to, the Enterprise Act 2002 and section 101(1) of, and Schedule 8 to, the Water Act 2003.

M5 Section 202 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995 and section 101(1) of, and Schedule 8 to, the Water Act 2003.

M6 Section 203 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

M7 Section 205 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.