Water Industry Act 1991

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Industry Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to :

Changes and effects

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s. 18 extended by S.I. 2010/994 reg. 38

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
Blanket amendment words substituted by S.I. 2011/1043 art. 3 6

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 36A-36G inserted by 2010 c. 29 s. 35(1)
s. 76-76C substituted for s. 76 by 2010 c. 29 s. 36
s. 88B-88O inserted by 2012 c. 7 s. 36
s. 88H modified by 2012 c. 7 s. 37(3)
s. 106A inserted by 2010 c. 29 Sch. 3 para. 16(2)
s. 106B inserted by 2010 c. 29 s. 42(1)
s. 144C inserted by 2010 c. 29 s. 45(1)
s. 154A inserted by 2012 c. 8 s. 1
s. 154B inserted by 2012 c. 8 s. 2

Commencement Orders yet to be applied to the Water Industry Act 1991:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
S.I. 2003/1900 art. 2(1) Sch. 1 commences (2003 c. 21)
S.I. 2003/2093 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2002 c. 40)
S.I. 2003/2681 art. 2 commences (2003 c. 20)
S.I. 2003/3142 art. 3(2) commences (2003 c. 21)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2010/101 art. 2-5 commences (2008 c. 29)
S.I. 2010/862 art. 2 commences (2008 c. 17)
S.I. 2010/975 art. 2 commences (2003 c. 37)
S.I. 2010/2169 art. 4 Sch. commences (2010 c. 29)
S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
S.I. 2011/694 art. 3 4 commences (2010 c. 29)
S.I. 2011/2329 art. 3 commences (2011 c. 5)
S.I. 2012/628 art. 2-8 commences (2011 c. 20)
S.I. 2012/924 art. 2 Coming into force
S.I. 2012/2048 art. 2(1) commences (2010 c. 29)

18 Orders for securing compliance with certain provisions.E+W

(1)Subject to subsection (2) and sections 19 and 20 below, where in the case of any company holding an appointment under Chapter I of this Part [F1or a licence under Chapter 1A of this Part] the Secretary of State or the Director is satisfied—

(a)that that company is contravening—

(i)any condition of the company’s appointment [F2or licence] in relation to which he is the enforcement authority; or

(ii)any statutory or other requirement which is enforceable under this section and in relation to which he is the enforcement authority;

(b)that that company [F3is likely to contravene any such condition or requirement] ,

he shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.

[F4(1A)Subject to subsection (2) and sections 19 and 20 below, where—

(a)in the case of any company holding an appointment under Chapter 1 of this Part, the Secretary of State or the Authority is satisfied that the company—

(i)is causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a company holding a licence under Chapter 1A of this Part; or

(ii)is likely to cause or contribute to any such contravention; or

(b)in the case of any company holding a licence under Chapter 1A of this Part, the Secretary of State or the Authority is satisfied that the company—

(i)is causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a company holding an appointment under Chapter 1 of this Part; or

(ii)is likely to cause or contribute to any such contravention,

he or it shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.]

(2)Subject to section 19 below, where in the case of any company holding an appointment under Chapter I of this Part [F5or a licence under Chapter 1A of this Part]—

(a)it appears to the Secretary of State or the Director as mentioned in paragraph (a) or (b) of subsection (1) [F6or (1A)] above; and

(b)it appears to him that it is requisite that a provisional enforcement order be made,

he may (instead of taking steps towards the making of a final order) by a provisional enforcement order make such provision as appears to him requisite for the purpose of securing compliance with the condition or requirement in question.

(3)In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional enforcement order be made, the Secretary of State or, as the case may be, the Director shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of any condition or of any statutory or other requirement enforceable under this section, is likely to be done, or omitted to be done, before a final enforcement order may be made.

(4)Subject to sections 19 and 20 below, where the Secretary of State or the Director has made a provisional enforcement order, he shall confirm it, with or without modifications, if—

(a)he is satisfied that the company to which the order relates—

(i)is contravening any condition or statutory or other requirement in relation to which he is the enforcement authority; or

[F7(ii)is likely to contravene any such condition or requirement;][F8or

(iii)is causing or contributing to a contravention of any such condition or requirement; or

(iv)is likely to cause or contribute to any such contravention;]

and

(b)the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

(5)An enforcement order—

(a)shall require the company to which it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

(b)shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

(c)may be revoked at any time by the enforcement authority who made it.

(6)For the purposes of this section and the following provisions of this Act—

(a)the statutory and other requirements which shall be enforceable under this section in relation to a company holding an appointment under Chapter I of this Part [F9or a licence under Chapter 1A of this Part] shall be such of the requirements of any enactment or of any subordinate legislation as—

(i)are imposed in consequence of that appointment [F10or licence] ; and

(ii)are made so enforceable by that enactment or subordinate legislation;

(b)the Director shall be the enforcement authority in relation to the conditions of an appointment under Chapter I of this Part [F11or of a licence under Chapter 1A of this Part] ; and

(c)the enforcement authority in relation to each of the statutory and other requirements enforceable under this section shall be the Secretary of State, the Director or either of them, according to whatever provision is made by the enactment or subordinate legislation by which the requirement is made so enforceable.

(7)In this section and the following provisions of this Chapter—

“enforcement order” means a final enforcement order or a provisional enforcement order;
“final enforcement order” means an order under this section other than a provisional enforcement order;
“provisional enforcement order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.

[F12(8)Where any act or omission—

(a)constitutes a contravention of a condition of an appointment under Chapter 1 of this Part or of a condition of a licence under Chapter 1A of this Part or of a statutory or other requirement enforceable under this section; or

(b)causes or contributes to a contravention of any such condition or requirement,

the only remedies for, or for causing or contributing to, that contravention (apart from those available by virtue of this section) shall be those for which express provision is made by or under any enactment and those that are available in respect of that act or omission otherwise than by virtue of its constituting, or causing or contributing to, such a contravention.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 18(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F2Words in s. 18(1)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F3Words in s. 18(1)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(2)(a), 105(3); S.I. 2004/2528, art. 2(f) (with art. 4, Sch.)

F4S. 18(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(3); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F5Words in s. 18(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(4)(a); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F6Words in s. 18(2)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(4)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F7S. 18(4)(a)(ii) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(2)(b), 105(3); S.I. 2004/2528, art. 2(f) (with savings in art. 4)

F8S. 18(4)(iii)(iv) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(5); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F9Words in s. 18(6)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(a)(i); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F10Words in s. 18(6)(a)(i) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(a)(ii); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)

F11Words in s. 18(6)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)