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Water Industry Act 1991

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  1. Introductory Text

  2. Part I PRELIMINARY

    1. The Director General of Water Services

      1. 1. The Director General of Water Services.

      2. 1A.Water Services Regulation Authority

    2. General duties

      1. 2. General duties with respect to water industry.

      2. 2A.Guidance on social and environmental matters

      3. 3. General environmental and recreational duties.

      4. 4. Environmental duties with respect to sites of special interest.

      5. 5. Codes of practice with respect to environmental and recreational duties.

  3. Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

    1. CHAPTER I APP0INTMENTS

      1. Making of appointments

        1. 6. Appointment of relevant undertakers.

        2. 7. Continuity of appointments, replacement appointments etc.

        3. 8. Procedure with respect to appointments and variations.

        4. 9. Duties affecting making of appointments and variations.

        5. 10. Transitional provision with respect to replacement appointments.

      2. Conditions of appointments

        1. 11. Power to impose conditions.

        2. 12. Determinations under conditions of appointment.

      3. Modification of appointment conditions

        1. 13. Modification by agreement.

        2. 14. Modification references to Monopolies Commission.

        3. 14A. References under section 14: time limits

        4. 14B. References under section 14: powers of investigation

        5. 15. Reports on modification references.

        6. 16. Modification following report.

        7. 16A.Commission’s power of veto following report

        8. 16B.Commission’s power of veto following report: supplementary

        9. 17. Modification by order under other enactments.

    2. CHAPTER 1A LICENSING OF WATER SUPPLIERS

      1. Granting of licences

        1. 17A.Licensing of water suppliers

        2. 17B.Section 17A: supplementary

        3. 17C.Meaning of household premises

        4. 17D.The threshold requirement

        5. 17E.Determinations by the Authority

        6. 17F.Procedure for granting water supply licences

      2. Licence conditions

        1. 17G.Water supply licence conditions

        2. 17H.Standard conditions of water supply licences

        3. 17I.Modification of water supply licences by agreement

        4. 17J.Modification of standard conditions of water supply licences

        5. 17K.Water supply licences: modification references to Competition Commission

        6. 17L.References under section 17K: time limits

        7. 17M.References under section 17K: powers of investigation

        8. 17N.Water supply licences: reports on modification references

        9. 17O.Water supply licences: modification following report

        10. 17P.Water supply licences: Commission’s power of veto following report

        11. 17Q.Section 17P: supplementary

        12. 17R.Water supply licences: modification by order under other enactments

    3. CHAPTER II ENFORCEMENT OF INSOLVENCY

      1. Enforcement orders

        1. 18. Orders for securing compliance with certain provisions.

        2. 19. Exceptions to duty to enforce.

        3. 20. Procedure for enforcement orders.d1>

        4. 21. Validity of enforcement orders.

        5. 22. Effect of enforcement order.

      2. Financial penalties

        1. 22A.Penalties

        2. 22B.Statement of policy with respect to penalties

        3. 22C.Time limits on the imposition of financial penalties

        4. 22D.Interest and payment of instalments

        5. 22E.Appeals

        6. 22F.Recovery of penalties

      3. Special administration orders

        1. 23. Meaning and effect of special administration order.

        2. 24. Special administration orders made on special petitions.

        3. 25. Power to make special administration order on winding-up petition.

      4. Restrictions on voluntary winding up and insolvency proceedings

        1. 26. Restrictions on voluntary winding up and insolvency proceedings.

    4. CHAPTER III PROTECTION OF CUSTOMERS ETC..

      1. General provisions

        1. 27. General duty of Director to keep matters under review.

        2. 28. Customer service committees.

        3. 29. Duties of customer service committees.

        4. 30. Duties of Director with respect to complaints

        5. 30A.Determination of disputes by the Director.

      2. The Consumer Council for Water

        1. 27A.Establishment of the Council and committees

        2. 27B.Co-operation between Council and other authorities

        3. 28. Customer service committees.

        4. 29. Duties of customer service committees.

        5. 30. Duties of Director with respect to complaints

        6. 30A.Determination of disputes by the Director.

      3. General functions of the Council

        1. 27C.The interests of consumers

        2. 27D.Acquisition and review of information

        3. 27E.Provision of advice and information to public authorities

        4. 27F.Provision of information to consumers

        5. 27G.Power to publish information and advice about consumer matters

        6. 27H.Provision of information to the Council

        7. 27I.Publication of notice of reasons

        8. 27J.Provision of information by the Council

        9. 27K.Sections 27H to 27J: supplementary

        10. 28. Customer service committees.

        11. 29. Consumer complaints

        12. 29A.Power of Council to investigate other matters

        13. 30. Duties of Director with respect to complaints

      4. Further functions of Authority

        1. 30ZA.Duty to consult Council

        2. 30ZB.Copies of notices

        3. 30A.Determination of disputes by the Director.

      5. Provisions with respect to competition

        1. 31. Functions of Director with respect to competition.

        2. 32. Duty to refer merger of water or sewerage undertakings.

        3. 33. Exclusion of small mergers from duty to make reference.

        4. 34. Application of provisions of Enterprise Act 2002

        5. 35. Construction of merger provisions.

      6. Disclosure of arrangements for remuneration

        1. 35A.Remuneration and standards of performance

    5. chapter IV INTERPRETATION OF PART II

      1. 36. Interpretation of Part II.

  4. Part III WATER SUPPLY

    1. chapter I GENERAL DUTIES OF WATER UNDERTAKERS

      1. 37. General duty to maintain water supply system etc.

      2. 37A.Water resources management plans: preparation and review

      3. 37B.Water resources management plans: publication and representations

      4. 37C.Water resources management plans: provision of information

      5. 37D.Water resources management plans: supplementary

      6. 38. Standards of performance in connection with water supply.

      7. 38A.Information with respect to levels of performance.

      8. 38B.Publication of statistical information about complaints

      9. 39. Procedure for regulations under section 38.

      10. 39A.Information to be given to customers about overall performance.

      11. 39B.Drought plans: preparation and review

      12. 39C.Drought plans: provision of information

    2. chapter II SUPPLY DUTIES

      1. Major supplies

        1. 40.Bulk supplies.

        2. 40A.Variation and termination of bulk supply agreements.

        3. 41. Duty to comply with water main requisition.

        4. 42. Financial conditions of compliance.

        5. 43. Calculation of “relevant deficit” for the purposes of section 42.

        6. 43A.Calculation of “discounted aggregate deficit” for the purposes of section 42

        7. 44. Determination of completion date and route for requisitioned main.

      2. Domestic connections

        1. 45. Duty to make connections with main.

        2. 46. Duty to carry out ancillary works for the purpose of making domestic connection.

        3. 47. Conditions of connection with water main.

        4. 48. Interest on sums deposited in pursuance of the deposit condition.

        5. 49. Supplemental provisions with respect to the metering conditions.

        6. 50. Restriction on imposition of condition requiring separate service pipes.

        7. 51. Time for performance of connection etc. duties.

      3. Adoption of water mains and service pipes

        1. 51A.Agreements to adopt water main or service pipe at future date

        2. 51B.Appeals with respect to adoption

        3. 51C.Financial conditions of compliance

        4. 51D.Prohibition on connection without adoption

        5. 51E.Sections 51A to 51D: supplementary

      4. Domestic supplies

        1. 52. The domestic supply duty.

        2. 53. Conditions of compliance with domestic supply duty.

        3. 54. Enforcement of domestic supply duty.

      5. Other supplies

        1. 55. Supplies for non-domestic purposes.

        2. 56. Determinations on requests for non-domestic supplies.

        3. 57. Duty to provide a supply of water etc. for fire-fighting.

        4. 58. Specially requested fire-hydrants.

        5. 59. Supplies for other public purposes.

      6. Disconnections

        1. 60. Disconnections for the carrying out of necessary works.

        2. 61. Disconnections for non-payment of charges.

        3. 62. Disconnections at request of customer.

        4. 63. General duties of undertakers with respect to disconnections.

      7. Supply by licensed water supplier etc

        1. 63AA.Supply by licensed water supplier: domestic supply

        2. 63AB.Supply by licensed water supplier: non-domestic supply

        3. 63AC.Interim duty of water undertaker: domestic and non-domestic supply

      8. Use of limiting devices

        1. 63A. Prohibition of use of limiting devices.

      9. Means of supply

        1. 64. Supply by means of separate service pipes.

        2. 65. Duties of undertakers as respects constancy and pressure.

        3. 66. Requirements by undertaker for maintaining pressure.

    3. CHAPTER 2A SUPPLY DUTIES ETC: LICENSED WATER SUPPLIERS

      1. Duty of undertaker to supply licensed water supplier etc

        1. 66A.Wholesale water supply by primary water undertaker

        2. 66B.Introduction of water into water undertaker’s supply system

        3. 66C.Wholesale water supply by secondary water undertaker

        4. 66D.Sections 66A to 66C: determinations and agreements

        5. 66E.Section 66D: costs principle

        6. 66F.Section 66D: supplementary

        7. 66G.Designation of strategic supply

        8. 66H.Designation of collective strategic supply

      2. Offences

        1. 66I.Prohibition on unauthorised use of supply system

        2. 66J.Prohibition on unauthorised introduction of water

        3. 66K.Sections 66I and 66J: exemptions

        4. 66L.Section 66K: supplementary

    4. chapter III Quality and Sufficiency of Supplies

      1. Standards of wholesomeness

        1. 67. Standards of wholesomeness.

      2. General obligations of undertakers and licensed water suppliers

        1. 68. Duties of water undertakers and licensed water suppliers with respect to water quality.

        2. 69. Regulations for preserving water quality.

        3. 70. Offence of supplying water unfit for human consumption.

      3. Waste, contamination, misuse etc.

        1. 71. Waste from water sources.

        2. 72. Contamination of water sources.

        3. 73. Offences of contaminating, wasting and misusing water etc.

        4. 74. Regulations for preventing contamination, waste etc. and with respect to water fittings.

        5. 75. Power to prevent damage and to take steps to prevent contamination, waste etc.

        6. 76. Temporary hosepipe bans.

      4. Local authority functions

        1. 77. General functions of local authorities in relation to water quality.

        2. 78. Local authority functions in relation to undertakers’ supplies.

        3. 79. Local authority functions where piped supplies insufficient or unwholesome.

        4. 80. Remedial powers of local authorities in relation to private supplies.

        5. 81. Confirmation of private supply notices.

        6. 82. Enforcement and variation of private supply notice.

        7. 83. Application of certain powers to local authorities in relation to private supplies.

        8. 84. Local authority rights of entry etc.

        9. 85. Local authority power to obtain information for the purposes of functions under Chapter III.

      5. Assessors for the enforcement of water quality

        1. 86. Assessors for the enforcement of water quality.

      6. Complaints

        1. 86A. Procedure for dealing with complaints.

    5. CHAPTER IV FLUORIDATION

      1. 87. Fluoridation of water supplies

      2. 87A.Target concentration of fluoride

      3. 87B.Fluoridation arrangements: determination of terms

      4. 87C.Fluoridation arrangements: compliance

      5. 88. Power to vary permitted fluoridation agents.

      6. 88A.Power to vary target concentration of fluoride

      7. 89.Consultation

      8. 90. Indemnities in respect of fluoridation.

      9. 90A.Review of fluoridation

      10. 91. Pre-1985 fluoridation schemes.

    6. CHAPTER V SUPPLEMENTAL PROVISIONS OF PART III

      1. 92. Power to give effect to international obligations.

      2. 93. Interpretation of Part III.

  5. PART IIIA Promotion of the Efficient Use of Water

    1. 93A. Duty to promote the efficient use of water.

    2. 93B. Power of Director to impose requirements on water undertakers.

    3. 93C. Publicity of requirements imposed under section 93B.

    4. 93D. Information as to compliance with requirements under section 93B.

  6. Part IV SEWERAGE SERVICES

    1. chapter I GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS

      1. Principal duties and standards of performance

        1. 94. General duty to provide sewerage system.

        2. 95. Standards of performance in connection with provision of sewerage services.

        3. 95A.Information with respect to levels of performance.

        4. 95B.Publication of statistical information about complaints

        5. 96. Procedure for regulations under section 95.

        6. 96A.Information to be given to customers about overall performance.

      2. Performance of sewerage undertaker’s functions by local authorities etc.

        1. 97. Performance of sewerage undertaker’s functions by local authorities etc.

    2. chapter II PROVISION OF SEWERAGE SERVICES

      1. Requisition of public sewer

        1. 98. Duty to comply with sewer requisition.

        2. 99. Financial conditions of compliance.

        3. 100. Calculation of “relevant deficit” for the purposes of section 99.

        4. 100A.Calculation of “discounted aggregate deficit” for the purposes of section 99

        5. 101. Determination of completion date and route for requisitioned sewer or lateral drain.

      2. Provision of public sewers otherwise than by requisition

        1. 101A. Further duty to provide sewers.

        2. 101B.Power to construct lateral drains following provision of public sewer

      3. Adoption etc. of sewers and disposal works

        1. 102. Adoption of sewers and disposal works.

        2. 103. Adoption of cross-border sewers etc.

        3. 104. Agreements to adopt sewer, drain or sewage disposal works, at future date

        4. 105. Appeals with respect to adoption.

        5. 105A. Schemes for the adoption of sewers, lateral drains and sewage disposal works

        6. 105B.Adoption schemes: appeals

        7. 105C.Adoption schemes: supplementary

      4. Communication of drains and private sewers with public sewers

        1. 106. Right to communicate with public sewers.

        2. 107. Right of sewerage undertaker to undertake the making of communications with public sewers.

        3. 108. Communication works by person entitled to communication.

        4. 109. Unlawful communications.

      5. Connections between public sewers

        1. 110. Determination of disputes with respect to cross boundary sewers.

        2. 110A.New connections with public sewers.

      6. Provisions protecting sewerage system

        1. 111. Restrictions on use of public sewers.

        2. 112. Requirement that proposed drain or sewer be constructed so as to form part of general system.

        3. 113. Power to alter drainage system of premises in area.

        4. 114. Power to investigate defective drain or sewer.

      7. Use of pipes for sewerage purposes

        1. 115. Use of highway drains as sewers and vice versa.

        2. 116. Power to close or restrict use of public sewer.

      8. Complaints

        1. 116A. Procedures for dealing with complaints.

      9. Interpretation of Chapter II

        1. 117. Interpretation of Chapter II.

    3. CHAPTER III TRADE EFFLUENT

      1. Consent for discharge of trade effluent into public sewer

        1. 118. Consent required for discharge of trade effluent into public sewer.

      2. Consents on an application

        1. 119. Application for consent.

        2. 120. Applications for the discharge of special category effluent.

        3. 121. Conditions of consent.

        4. 122. Appeals to the Director with respect to decisions on applications etc.

        5. 123. Appeals with respect to the discharge of special category effluent.

        6. 124. Variation of consents.

        7. 125. Variations within time limit.

        8. 126. Appeals with respect to variations of consent.

        9. 127. Review by the the Environment Agency of consents relating to special category effluent.

      3. Application for variation of time for discharge

        1. 128. Application for variation of time for discharge.

      4. Agreements with respect the disposal etc. of trade effluent

        1. 129. Agreements with respect to the disposal etc of trade effluent.

        2. 130. Reference to the Environment Agency of agreements relating to special category effluent.

        3. 131. Review by the Environment Agency of agreements relating to special category effluent.

      5. References and reviews relating to special category effluent

        1. 132. Powers and procedure on references and reviews.

        2. 133. Effect of determination on reference or review.

        3. 134. Compensation in respect of determinations made for the protection of public health etc.

      6. Supplemental provisions of Chapter III

        1. 135. Restrictions on power to fix charges under Chapter III.

        2. 135A.Power of the Environment Agency to acquire information for the purpose of its functions in relation to special category effluent.

        3. 136. Evidence from meters etc.

        4. 137. Statement of case on appeal.

        5. 138. Meaning of “special category effluent”.

        6. 139. Power to apply Chapter III to other effluents.

        7. 140. Pre-1989 Act authority for trade effluent discharges etc.

      7. Interpretation of Chapter III

        1. 141. Interpretation of Chapter III.

  7. Part V FINANCIAL PROVISIONS

    1. CHAPTER I CHARGES

      1. Manner of fixing charges

        1. 142. Powers of undertakers to charge.

        2. 143. Charges schemes.

        3. 143A. Regulations as to provisions to be included in charges schemes.

        4. 144. Liability of occupiers etc. for charges.

      2. Restrictions on charging

        1. 144A. Right of consumer to elect for charging by reference to volume.

        2. 144B. Restriction on undertakers’ power to require fixing of charges by reference to volume.

      3. General restrictions on charging

        1. 145. Charging by reference to rateable value.

        2. 146. Connection charges etc. and charges for highway drainage.

        3. 147. Charging for emergency use of water.

      4. Metering

        1. 148. Restriction on charging for metering works.

        2. 149. Further provision relating to charging by volume.

      5. Charging for services provided with the help of an undertaker

        1. 150. Fixing maximum charges for services provided with the help of undertakers’ services.

        2. 150A.Billing disputes.

      6. Interpretation of Chapter I

        1. 150B. Meaning of “consumer” in Chapter I.

    2. CHAPTER II FINANCIAL ASSISTANCE FOR UNDERTAKERS

      1. 151. Financial contributions to rural services.

      2. 152. Grants for national security purposes.

      3. 153. Government financial assistance where special administration orders made.

      4. 154. Guarantees under section 153.

  8. Part VI UNDERTAKERS ’ POWERS AND WORKS

    1. CHAPTER I UNDERTAKERS’ POWERS

      1. Powers in relation to land

        1. 155. Compulsory purchase.

        2. 156. Restriction on disposals of land.

        3. 157. Byelaws with respect to undertakers’ waterways and land.

      2. Pipe-laying

        1. 158. Powers to lay pipes in streets.

        2. 159. Power to lay pipes in other land.

      3. Other works powers

        1. 160. Power to carry out works for sewerage purposes.

        2. 161. Power to deal with foul water and pollution.

        3. 162. Works in connection with metering.

        4. 163. Power to fit stopcocks.

        5. 164. Agreements for works with respect to water sources.

      4. Powers to discharge water

        1. 165. Discharges for works purposes.

        2. 166. Consents for certain discharges under section 165.

      5. Compulsory works orders

        1. 167. Compulsory works orders.

      6. Entry to land etc. by water undertakers

        1. 168. Entry for works purposes.

        2. 169. Power to carry out surveys and to search for water.

        3. 170. Entry etc. for other purposes.

        4. 171. Entry for sewerage purposes.

        5. 172. Entry for metering purposes.

        6. 173. Impersonation of persons entitled to entry.

    2. CHAPTER II PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.

      1. Protection of apparatus in general

        1. 174. Offences of interference with works etc.

      2. Protection of meters

        1. 175. Offence of tampering with meter.

        2. 176. Consent for the purposes of section 175.

        3. 177. Financial obligations with respect to any interference with a meter.

      3. Obstruction of sewerage works etc.

        1. 178. Obstruction of sewerage works etc.

    3. CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

      1. Vesting of works in undertaker

        1. 179. Vesting of works in undertaker.

      2. Damage etc. caused by works

        1. 180. Compensation for damage caused by works etc.

        2. 181. Complaints with respect to the exercise of works powers on private land.

        3. 182. Codes of practice with respect to work on private land.

      3. Protective provisions

        1. 183. Protection for particular undertakings.

        2. 184. Power of certain undertakers to alter public sewers etc.

        3. 185. Duty to move pipes etc. in certain cases.

        4. 186. Protective provisions in respect of flood defence works and watercourses etc.

        5. 187. Works in tidal lands etc.

        6. 188. Mineral rights.

        7. 189. Power to sell minerals deriving from sewerage works.

        8. 190. Saving for planning controls.

        9. 191. Duties to make recreational facilities available when building reservoirs in Wales.

      4. Interpretation of Part VI

        1. 192. Interpretation of Part VI.

  9. Part VII INFORMATION PROVISIONS

    1. Reports

      1. 192A.Forward work programmes

      2. 192B.Annual and other reports

      3. 193. Reports by Director.

      4. 194. Reports by customer service committees.

    2. Registers, maps etc.

      1. 195. The Director’s register.

      2. 195A.Reasons for decisions

      3. 196. Trade effluent registers.

      4. 197. Register for the purposes of works discharges.

      5. 198. Maps of waterworks.

      6. 199. Sewer maps.

      7. 200. Provision of sewer maps to local authorities.

    3. Publication of certain information and advice

      1. 201. Publication of certain information and advice.

    4. Powers to acquire and duties to provide information

      1. 202. Duties of undertakers to furnish the Secretary of State with information.

      2. 203. Power to acquire information for enforcement purposes.

      3. 204. Provision of information to sewerage undertakers with respect to trade effluent discharges.

      4. 205. Exchange of metering information between undertakers.

    5. Restriction on disclosure of information

      1. 206. Restriction on disclosure of information.

    6. Provision of false information

      1. 207. Provision of false information.

  10. Part VIII MISCELLANEOUS AND SUPPLEMENTAL

    1. Miscellaneous

      1. 208. Directions in the interests of national security.

      2. 209. Civil liability of undertakers for escapes of water etc.

      3. 209A. Rights of tenants in relation to metering.

    2. Offences

      1. 210. Offences by bodies corporate.

      2. 211. Limitation on right to prosecute in respect of sewerage offences.

    3. Judicial disqualification

      1. 212. Judicial disqualification.

    4. Powers to make regulations

      1. 213. Powers to make regulations.

      2. 214. Power to prescribe forms.

    5. Local inquiries

      1. 215. Local inquiries.

    6. Construction of Act

      1. 216. Provisions relating to the service of documents.

      2. 217. Construction of provision conferring powers by reference to undertakers’ functions.

      3. 218. Meaning of “domestic purposes” in relation to water supply.

      4. 219. General interpretation.

      5. 220. Effect of local Acts.

    7. Other supplemental provisions

      1. 221.Crown application.

      2. 222. Application to the Isles of Scilly.

      3. 223. Short title, commencement and extent.

  11. SCHEDULES

    1. SCHEDULE 1

      1. Remuneration, pensions etc.

        1. 1.(1) There shall be paid to the Director such remuneration,...

      2. Staff

        1. 2.(1) The Director may, with the approval of the Treasury...

      3. Expenses of the Director and his staff

        1. 3.There shall be paid out of money provided by Parliament—...

      4. Official seal

        1. 4.The Director shall have an official seal for the authentication...

      5. Documentary evidence

        1. 5.The Documentary Evidence Act 1868 shall have effect as if...

    2. SCHEDULE 1A

      The Water Services Regulation Authority

      1. Membership

        1. 1.(1) The Authority shall consist of a chairman, and at...

      2. Terms of appointment, remuneration, pensions etc

        1. 2.(1) Subject to this Schedule, the chairman and other members...

      3. Terms of appointment, remuneration, pensions etc

        1. 3.(1) An appointment of a person to hold office as...

      4. Terms of appointment, remuneration, pensions etc

        1. 4.(1) The Authority shall pay to its chairman and its...

      5. Staff

        1. 5.The Authority may, with the approval of the Minister for...

      6. Committees

        1. 6.(1) The Authority may establish committees and any committee of...

      7. Proceedings etc

        1. 7.(1) The Authority may regulate its own procedure.

      8. Proceedings etc

        1. 8.A document purporting to be duly executed under the seal...

      9. Code of Practice

        1. 9.(1) The Authority shall prepare, and may revise, a code...

      10. Performance of functions

        1. 10.(1) Anything authorised or required to be done by the...

      11. Payments to the Authority

        1. 11.The Secretary of State shall make payments out of money...

      12. Supplementary powers

        1. 12.(1) The Authority has power to do anything which is...

    3. SCHEDULE 2

      Transitional Provision on Termination of Appointments

      1. Cases where Schedule applies

        1. 1.(1) This Schedule shall apply in each of the cases...

      2. Making and modification of transfer schemes

        1. 2.(1) The existing appointee, acting with the consent of the...

      3. Transfers by scheme

        1. 3.(1) A scheme under this Schedule for the transfer of...

      4. Transfer of appointment

        1. 4.(1) Where a scheme under this Schedule is made in...

      5. Exclusion of transfer of licence

        1. 4A.Where a scheme under this Schedule is made in the...

      6. Supplemental provisions of schemes

        1. 5.(1) A scheme under this Schedule may contain supplemental, consequential...

      7. Duties of existing appointee after the scheme comes into force

        1. 6.(1) A scheme under this Schedule may provide for the...

      8. Further transitional provision and local statutory provisions

        1. 7.(1) The Secretary of State may, if he thinks it...

    4. SCHEDULE 3

      SPECIAL ADMINISTRATION ORDERS

      1. Part I MODIFICATIONS OF THE 1986 ACT

        1. General application of provisions of 1986 Act

          1. 1.Where a special administration order has been made, sections 11...

        2. Effect of order

          1. 2.In section 11 of the 1986 Act (effect of order),...

        3. Appointment of special administrator

          1. 3.In section 13 of the 1986 Act (appointment of administrator),...

        4. General powers of special administrator

          1. 4.In section 14 of the 1986 Act (general powers of...

        5. Power to deal with charged property

          1. 5.(1) Section 15 of the 1986 Act (power to deal...

        6. Duties of special administrator

          1. 6.(1) Section 17 of the 1986 Act (duties of administrator),...

        7. Discharge of order

          1. 7.(1) Section 18 of the 1986 Act (discharge and variation...

        8. Notice of making of order

          1. 8.In section 21(2) of the 1986 Act (notice of order...

        9. Statement of proposals

          1. 9.In section 23 of the 1986 Act (statement of proposals),...

        10. Applications to court

          1. 10.(1) Section 27 of the 1986 Act (protection of interests...

      2. Part II SUPPLEMENTAL

        1. General adaptations and saving

          1. 11.(1) Subject to the preceding provisions of this Schedule, references...

        2. Interpretation

          1. 12.(1) In this Schedule “the 1986 Act” means the Insolvency...

    5. SCHEDULE 3A

      The Consumer Council for Water

      1. Membership of Council

        1. 1.(1) The Council shall consist of— (a) a chairman appointed...

      2. Membership of Council

        1. 2.(1) A person holding office as chairman or other member...

      3. Terms of appointment, remuneration, pensions etc

        1. 3.The Council shall pay to the chairman and other members...

      4. Terms of appointment, remuneration, pensions etc

        1. 4.(1) If the Secretary of State so determines in the...

      5. Members appointed by Assembly

        1. 5.In relation to any member of the Council appointed by...

      6. Staff

        1. 6.(1) The Council shall, with the approval of the Secretary...

      7. Annual reports

        1. 7.(1) As soon as practicable after the end of each...

      8. Financial provisions and accounts

        1. 8.(1) It shall be the duty of the Council to...

      9. Financial provisions and accounts

        1. 9.(1) The Council shall prepare, in respect of each financial...

      10. Financial provisions and accounts

        1. 10.The Secretary of State and the Assembly shall pay to...

      11. Regional committees

        1. 11.(1) The Council shall not establish or abolish a regional...

      12. Regional committees

        1. 12.(1) A regional committee of the Council shall consist of—...

      13. Regional committees

        1. 13.(1) If the appropriate authority so determines in the case...

      14. Regional committees

        1. 14.In paragraphs 11 to 13 above the “ appropriate authority...

      15. Other committees

        1. 15.(1) The Council may establish committees other than regional committees...

      16. Other committees

        1. 16.(1) If the Secretary of State so determines in the...

      17. Performance of functions of the Council

        1. 17.Anything authorised or required to be done by the Council...

      18. Performance of functions of the Council

        1. 18.The validity of anything done by the Council is not...

      19. Supplementary powers

        1. 19.(1) The Council shall have power to do anything which...

      20. First financial year of the Council

        1. 20.(1) If the period beginning with the day on which...

      21. Compensation for members of customer service committees

        1. 21.The Authority may pay to any person who immediately before...

    6. SCHEDULE 4

      1. Sub-committees

        1. 1.A customer service committee may, with the approval of the...

      2. Remuneration, pensions etc. of the chairman of a customer service committee

        1. 2.(1) There shall be paid to the chairman of a...

      3. Expenses of other members of a customer service committee etc.

        1. 3.Subject to paragraph 2 above, neither the members of a...

      4. Staff

        1. 4.(1) The Director may, with the approval of the Treasury...

      5. Financial provisions

        1. 5.(1) The following shall be paid by the Director out...

    7. SCHEDULE 4ZA

      Application of provisions of Enterprise Act 2002 to mergers of water enterprises

      1. 1.Part 3 of the 2002 Act (and any other provisions...

      2. 2.The modifications made by virtue of paragraph 1 above shall...

      3. 3.(1) The first questions to be decided by the Competition...

      4. 4.(1) In deciding, on a merger reference under section 32(a)...

      5. 5.(1) No enforcement action shall be taken on a merger...

      6. 6.If, on a merger reference under section 32(b) of this...

      7. 7.(1) For the purposes of this Schedule a benefit is...

      8. 8.In this Schedule— “ customers ”, “ goods ”, “...

    8. Schedule 4A

      Premises that are not to be disconnected for non-payment of charges

      1. 1.(1) Any dwelling which is occupied by a person as...

      2. 2.(1) Any house in multiple occupation which does not constitute...

      3. 3.(1) Accommodation for the elderly in which a person has...

      4. 4.A hospital within the meaning of section 11 of the...

      5. 5.Premises used for the provision of medical services by a...

      6. 6.Premises used for the provision of dental services by a...

      7. 7.Premises not falling within paragraph 5 or 6 above which...

      8. 8.(1) A care home or independent hospital.

      9. 9.A children’s home within the meaning of the Care Standards...

      10. 10.A school within the meaning of the Education Act 1996....

      11. 11.(1) Premises used by an institution within the further education...

      12. 12.(1) Premises in England which are used for the provision...

      13. 13.(1) A prison or removal centre .

      14. 14.Premises occupied for the purposes of a police force.

      15. 15.Premises occupied for the purposes of a fire and rescue...

      16. 16.Premises occupied for the purposes of the provision of an...

    9. SCHEDULE 5

      PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLY

      1. Applications for orders

        1. 1.(1) Where the Director or a water undertaker applies to...

      2. Supply of copies of draft orders

        1. 2.The applicant for an order under section 65(5) of this...

      3. Modifications of proposals

        1. 3.(1) On an application for an order under section 65(5)...

      4. Consideration of objections etc.

        1. 4.Where an application for an order to which this Schedule...

    10. SCHEDULE 6

      SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY

      1. Part I RIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES

        1. Notice of entry

          1. 1.(1) Where this Part of this Schedule applies to any...

        2. Warrants to exercise right

          1. 2.(1) Subject to sub-paragraph (3) below, if it is shown...

        3. Supplementary power of person making entry

          1. 3.Any person entitled to enter any premises by virtue of...

        4. Obstruction of person exercising right

          1. 4.Any person who wilfully obstructs any person upon whom a...

        5. Duty of persons exercising rights to maintain confidentiality

          1. 5.(1) Without prejudice to section 206 of this Act and...

      2. Part II OTHER RIGHTS OF ENTRY AND RELATED POWERS

        1. Notice of entry

          1. 6.(1) Without prejudice to any power exercisable by virtue of...

        2. Warrant to exercise right or power

          1. 7.(1) If it is shown to the satisfaction of a...

        3. Manner of exercise of right or power

          1. 8.A person designated as the person who may exercise any...

        4. Supplementary powers of person making entry etc.

          1. 9.A person authorised to enter any premises by virtue of...

        5. Duty to secure premises

          1. 10.A person who enters any premises in the exercise of...

        6. Compensation

          1. 11.(1) Where any person exercises any right or power to...

        7. Obstruction of person exercising right or power

          1. 12.A person who intentionally obstructs another person acting in the...

        8. Interpretation of Part II

          1. 13.(1) In this Part of this Schedule “relevant authority”, in...

    11. SCHEDULE 7

      PRE-1985 FLUORIDATION SCHEMES

      1. Operation of pre-1985 schemes

        1. 1.(1) Where in pursuance of any such arrangements entered into...

      2. Supplies by other undertakers and revocation or variation of scheme

        1. 2.(1) Where a water undertaker is operating a fluoridation scheme...

      3. Publicity and consultation

        1. 3.(1) Section 89 of this Act (including the power of...

    12. SCHEDULE 8

      PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC.

      1. Trade effluent agreements

        1. 1.Nothing in Chapter III of Part IV of this Act...

      2. Authorisations having effect as deemed consents under the Control of Pollution Act 1974

        1. 2.(1) Where, by virtue of section 43(2) of the Control...

      3. Appeals in respect of consents under paragraph 2

        1. 3.(1) A person on whom notice is served in pursuance...

      4. Determinations of disputes as to transitional matters

        1. 4.(1) Any dispute in so far as it—

      5. Regulations as to residue of agreements

        1. 5.The Secretary of State may by regulations make provisions in...

    13. SCHEDULE 9

      MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.Subject to the following provisions of this Schedule, the enactments...

      2. Adaptation of the Compulsory Purchase Act 1965

        1. 2.The Compulsory Purchase Act 1965 (in the following provisions of...

      3. Section 7 of the 1965 Act

        1. 3.For section 7 of the 1965 Act (measure of compensation)...

      4. Section 8 of the 1965 Act

        1. 4.For subsection (1) of section 8 of the 1965 Act...

      5. Effect of deed poll

        1. 5.The following provisions of the 1965 Act (being provisions stating...

      6. Section 11 of the 1965 Act

        1. 6.Section 11 of the 1965 Act (powers of entry) shall...

      7. Section 20 of the 1965 Act

        1. 7.Section 20 of the 1965 Act (protection for interests of...

      8. Section 22 of the 1965 Act

        1. 8.Section 22 of the 1965 Act (protection of acquiring authority’s...

    14. SCHEDULE 10

      PROCEDURE RELATING TO BYELAWS UNDER SECTION 157

      1. Confirmation of byelaws

        1. 1.(1) No byelaw made by a relevant undertaker under section...

      2. Confirmation with or without modifications

        1. 2.(1) The Secretary of State, with or without a local...

      3. Commencement of byelaw

        1. 3.(1) The Secretary of State may fix the date on...

      4. Availability of confirmed byelaws

        1. 4.(1) Every byelaw made by a relevant undertaker and confirmed...

      5. Revocation of byelaws

        1. 5.Without prejudice to subsection (5) of section 157 of this...

      6. Proof of byelaws etc.

        1. 6.The production of a printed copy of a byelaw purporting...

    15. SCHEDULE 11

      ORDERS CONFERRING COMPULSORY WORKS POWERS

      1. Applications for orders

        1. 1.(1) Where a water undertaker applies to the Secretary of...

      2. Supply of copies of draft orders

        1. 2.A water undertaker applying for a compulsory works order shall,...

      3. Powers on an application

        1. 3.(1) On an application for a compulsory works order, the...

      4. Consideration of objections etc.

        1. 4.(1) If, where an application for a compulsory works order...

      5. Notice after making of order

        1. 5.(1) As soon as practicable after a compulsory works order...

      6. Compulsory acquisition provisions

        1. 6.(1) Without prejudice to the provisions of Schedule 14 to...

      7. Compensation in certain cases of compulsory acquisition

        1. 7.Where— (a) in connection with any engineering or building operations...

      8. Compensation in respect of powers other than acquisition powers

        1. 8.(1) If the value of any interest in any relevant...

      9. Protection of public undertakings

        1. 9.The provisions of section 186 of this Act and of...

      10. Interpretation

        1. 10.In this Schedule— “bridleway” and “footpath” have the same meanings...

    16. SCHEDULE 12

      COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS

      1. Compensation in respect of street works powers

        1. 1.(1) This paragraph applies, in relation to a relevant undertaker,...

      2. Compensation in respect of pipe-laying works in private land

        1. 2.(1) If the value of any interest in any relevant...

      3. Assessment of compensation under paragraph 2

        1. 3.(1) Any question of disputed compensation under paragraph 2 above...

      4. Compensation in respect of sewerage works etc.

        1. 4.(1) Subject to the following provisions of this paragraph, a...

      5. Compensation in respect of metering works

        1. 5.(1) Without prejudice to section 148 of this Act or...

      6. Compensation in respect of discharges for works purposes

        1. 6.(1) It shall be the duty of every water undertaker—...

    17. SCHEDULE 13

      PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS

      1. Part I PROVISIONS APPLYING GENERALLY

        1. General provisions protecting undertakings

          1. 1.(1) Nothing in this Act conferring power on a relevant...

        2. Protection for statutory powers and jurisdiction

          1. 2.Nothing in any provision of this Act conferring power on...

        3. Special protection for certain undertakings in respect of street works

          1. 3.(1) Subject to the following provisions of this paragraph and...

        4. Protection for telecommunication systems

          1. 4.Paragraph 23 of Schedule 2 to the Telecommunications Act 1984...

      2. Part II FURTHER PROTECTIVE PROVISIONS IN RESPECT OF SEWERAGE POWERS

        1. Protection for dock undertakers

          1. 5.(1) Subject to the provisions of this paragraph, nothing in...

        2. Protection for airports, railways etc.

          1. 6.(1) Subject to the provisions of this paragraph, nothing in...

        3. Saving for Part I and other powers

          1. 7.The provisions of this Part of this Schedule are without...

    18. SCHEDULE 14

      MINERAL RIGHTS

      1. Acquisition of mineral rights

        1. 1.(1) This paragraph applies in each of the following cases,...

      2. Notice required for the working of underlying mines

        1. 2.(1) If the owner of any mines or minerals underlying...

      3. Mining communications

        1. 3.(1) If the working of any mines or minerals is...

      4. Compensation relating to severance

        1. 4.(1) Where mines or minerals underlying any part of a...

      5. Powers of entry

        1. 5.(1) Any person designated in writing for the purpose by...

      6. No exemption for injury to mines and minerals

        1. 6.Nothing in any provision of this Act or of any...

      7. Interpretation

        1. 7.(1) In this Schedule— “conveyance” has the same meaning as...

    19. SCHEDULE 15

      DISCLOSURE OF INFORMATION

      1. Part I PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE

        1. Any Minister of the Crown.

        2. The OFT.

        3. The Competition Commission.

        4. The Office of Communications

        5. The Civil Aviation Authority.

        6. The Director General of Gas Supply.

        7. The Director General of Electricity Supply.

        8. The Office of Rail Regulation

        9. A local weights and measures authority in England and Wales....

        10. The National Consumer Council.

      2. Part II ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE

        1. The Trade Descriptions Act 1968.

        2. The Fair Trading Act 1973.

        3. The Consumer Credit Act 1974.

        4. . . ..

        5. . . ..

        6. The Estate Agents Act 1979.

        7. The Competition Act 1980.

        8. The Telecommunications Act 1984.

        9. The Airports Act 1986.

        10. The Gas Act 1986.

        11. The Consumer Protection Act 1987.

        12. The Electricity Act 1989.

        13. The Railways Act 1993

        14. The Competition Act 1998

        15. Part I of the Transport Act 2000.

        16. The Enterprise Act 2002.

        17. The Communications Act 2003.

        18. The Railways Act 2005. The Consumers, Estate Agents and Redress...

        19. . . .

        20. Any subordinate legislation made for the purpose of securing compliance...

        21. Any subordinate legislation made for the purpose of securing compliance...

    20. Table of Derivations

      1. Notes:

      2. 1. The following abbreviations are used in this Table:—

      3. 2. The functions originally vested in the Minister of Health...

      4. 3. General provisions contained in section 32 of the Magistrates’...

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