[38AF1Information with respect to levels of performance.E+W
(1)The Director shall from time to time collect information with respect to—
(a)the compensation paid by water undertakers under regulations under section 38(2) above; F2...
[F3(aa)the compensation paid by water supply licensees under regulations under section 38ZA(2); and]
(b)the levels of overall performance achieved by water undertakers [F4or water supply licensees] in connection with the provision of water supplies.
(2)At such times as the Director may direct, each water undertaker shall give the following information to the Director—
(a)as respects each standard prescribed by regulations under section 38(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; and
(b)as respects each standard established by regulations under section 38(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.
[F5(2A)At such times as the Authority may direct, each water supply licensee is to give the following information to the Authority—
(a)as respects each standard established by regulations under section 38ZA(1), such information with respect to the level of performance achieved by the licensee as may be specified in the direction;
(b)as respects each standard prescribed by regulations under section 38ZA(2), the number of cases in which compensation was paid and the aggregate amount or value of that compensation.]
[F6(3)The requirements in subsections (2) and (2A) are enforceable by the Authority under section 18.]
(4)The Director shall, at least once in every year, arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or given to him under this section as it may appear to him expedient to give to customers or potential customers of water undertakers [F7or water supply licensees].
(5)In arranging for the publication of any such information the Director shall have regard to the need for excluding, so far as practicable—
(a)any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that individual; and
(b)any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that body.]
Textual Amendments
F1S. 38A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.27; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
F2Word in s. 38A(1) repealed (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(a), 94(3); S.I. 2016/1007, art. 2(d)
F3S. 38A(aa) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(b), 94(3); S.I. 2016/1007, art. 2(d)
F4Words in s. 38A(b) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(c), 94(3); S.I. 2016/1007, art. 2(d)
F5S. 38A(2A) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(4), 94(3); S.I. 2016/1007, art. 2(d)
F6S. 38A(3) substituted (1.1.2015 for specified purposes, 1.11.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 29(5), 94(3); S.I. 2014/3320, art. 2(2)(a); S.I. 2016/1007, art. 2(d)
F7Words in s. 38A(4) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(6), 94(3); S.I. 2016/1007, art. 2(d)