[F137CWater resources management plans: provision of informationE+W
(1)It shall be the duty of each [F2water supply licensee] to provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing or revising its water resources management plan.
(2)In the event of any dispute between a water undertaker and a [F2water supply licensee] as to the reasonableness of the water undertaker’s request under subsection (1) above, either party may refer the matter for determination by the Secretary of State, and any such determination shall be final.
(3)For the purposes of paragraph (b) of section 37B(1) above, the water undertaker shall identify in its statement under that paragraph any information—
(a)provided by a [F2water supply licensee] pursuant to subsection (1) above; and
(b)contained in the water undertaker’s draft water resources management plan,
which the [F2water supply licensee] has (at the time of providing it to the water undertaker) specifically identified as being, in the [F3water supply licensee's] opinion, commercially confidential.
(4)The water undertaker shall not use any unpublished information save for the purpose of facilitating the performance by it of any of the duties imposed on it by or under this Act, any of the other consolidation Acts or the Water Act 1989.
(5)In subsection (4) above—
(a)“unpublished information” means confidential information which—
(i)is provided to the water undertaker by a [F2water supply licensee] under this section;
(ii)relates to the affairs of any individual or to any particular business; and
(iii)by virtue of section 37B above, is not published;
(b)“the other consolidation Acts” has the same meaning as in section 206 below.]
Textual Amendments
F1Ss. 37A-37D inserted (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2006 for specified provisions and further purposes and 1.4.2007 otherwise) by Water Act 2003 (c. 37), ss. 62, 105(3); S.I. 2004/2528, art. 2(j) (with art. 4); S.I. 2005/2714, art. 2(i) (with Sch. paras. 6, 8); S.I. 2006/984, art. 2(q) (with art. 3, Sch.); S.I. 2007/1021, art. 2(a)
F2Words in s. 37C substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 48(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F3Words in s. 37C(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 48(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
Modifications etc. (not altering text)
C1Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)