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Water Industry Act 1991

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Preliminary

    1. The Director General of Water Services

      1. 1.The Director General of Water Services.

    2. General duties

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

      2. 3.General environmental and recreational duties.

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

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

  3. Part II Appointment and Regulation of Undertakers

    1. Chapter I Appointments

      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. 15.Reports on modification references.

        4. 16.Modification following report.

        5. 17.Modification by order under other enactments.

    2. Chapter II Enforcement and 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.

        4. 21.Validity of enforcement orders.

        5. 22.Effect of enforcement order.

      2. 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.

      3. Restrictions on voluntary winding up and insolvency proceedings

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

    3. 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

      2. 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 merger reference.

        4. 34.References with respect to water enterprise mergers.

        5. 35.Construction of merger provisions.

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

      3. 39.Procedure for regulations under section 38.

    2. Chapter II Supply Duties

      1. Major supplies

        1. 40.Bulk supplies.

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

        3. 42.Financial conditions of compliance.

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

        5. 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. Domestic supplies

        1. 52.The domestic supply duty.

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

        3. 54.Enforcement of domestic supply duty.

      4. 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.

      5. 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.

      6. 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 III Quality and Sufficiency of Supplies

      1. Standards of wholesomeness

        1. 67.Standards of wholesomeness.

      2. General obligations of undertakers

        1. 68.Duties of water undertakers 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.

    4. Chapter IV Fluoridation

      1. 87.Fluoridation of water supplies at request of health authorities.

      2. 88.Power to vary permitted fluoridation agents.

      3. 89.Publicity and consultation.

      4. 90.Indemnities in respect of fluoridation.

      5. 91.Pre-1985 fluoridation schemes.

    5. Chapter V Supplemental Provisions of Part III

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

      2. 93.Interpretation of Part III.

  5. 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. 96.Procedure for regulations under section 95.

      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. 101.Determination of completion date and route for requisitioned sewer.

      2. 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.

      3. 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.

      4. Connections between public sewers

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

      5. 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.

      6. 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.

      7. 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 Secretary of State 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 Secretary of State of agreements relating to special category effluent.

        3. 131.Review by the Secretary of State 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. 136.Evidence from meters etc.

        3. 137.Statement of case on appeal.

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

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

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

      7. Interpretation of Chapter III

        1. 141.Interpretation of Chapter III.

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

      2. 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.

      3. Metering

        1. 148.Restriction on charging for metering works.

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

      4. 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. 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.

  7. 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.

  8. Part VII Information Provisions

    1. Reports

      1. 193.Reports by Director.

      2. 194.Reports by customer service committees.

    2. Registers, maps etc.

      1. 195.The Director’s register.

      2. 196.Trade effluent registers.

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

      4. 198.Maps of waterworks.

      5. 199.Sewer maps.

      6. 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.

  9. 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.

    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 Isles of Scilly.

      3. 223.Short title, commencement and extent.

  10. SCHEDULES:

    1. Schedule 1

      The Director General of Water Services.

    2. Schedule 2

      Transitional Provision on Termination of Appointments.

    3. Schedule 3

      Special Administration Orders.

      1. Part I Modifications of the 1986 Act.

      2. Part II Supplemental.

    4. Schedule 4

      Customer Service Committees.

    5. Schedule 5

      Procedure for Orders relating to Pressure and Constancy of Supply.

    6. Schedule 6

      Supplemental Provisions relating to Rights of Entry.

      1. Part I Rights requiring Notice for Entry to Non-business Premises.

      2. Part II Other Rights of Entry and related Powers.

    7. Schedule 7

      Pre-1985 Fluoridation Schemes.

    8. Schedule 8

      Pre-1989 Act Transitional Authority for Trade Effluent Discharges etc.

    9. Schedule 9

      Modification of Compensation Provisions etc. in relation to the Creation of New Rights.

    10. Schedule 10

      Procedure relating to Byelaws under Section 157.

    11. Schedule 11

      Orders conferring Compulsory Works Powers.

    12. Schedule 12

      Compensation etc. in respect of pipe-laying and other works powers.

    13. Schedule 13

      Protective Provisions in respect of Certain Undertakings.

      1. Part I Provisions applying Generally.

      2. Part II Further Protective Provisions in respect of Sewerage Powers.

    14. Schedule 14

      Mineral Rights.

    15. Schedule 15

      Disclosure of Information.

      1. Part I Persons in respect of whose Functions Disclosure may be made.

      2. Part II Enactments etc. in respect of which Disclosure may be made.

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