C1C2C5C4C3 Part III WATER SUPPLY
Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
chapter I GENERAL DUTIES OF WATER UNDERTAKERS F18etc
Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; 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)
39 Procedure for regulations under section 38.
F6A1
The Secretary of State may make regulations under section 38 above—
a
on an application by the Authority, in accordance with subsections (1) to (3) below; or
b
otherwise than on such an application, in accordance with subsections (4) to (8) below.
1
F7Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 38 above if—
F1b
the Secretary of State is satisfied that a copy of the application has been served by the Director—
i
on every water undertaker specified in the application;F16. . .
ii
on persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;
F8iii
on the Council; and
iv
on such other persons or bodies as the Secretary of State may consider appropriate;
c
such period as the Secretary of State considers appropriate has been allowed for the making—
i
by the Director; and
ii
of representations or objections with respect to the Director’s proposals and any modifications proposed by the Secretary of State; and
d
the Secretary of State has considered F3the summary mentioned in subsection (2)(bb) below, the Director’s reasons for his proposals and every representation or objection which has been duly made with respect to those proposals, or any proposed modifications of those proposals, and has not been withdrawn.
F41A
Before making an application to the Secretary of State under this section the Director shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results.
2
An application made by the Director to the Secretary of State complies with this subsection if it—
a
sets out F10the Authority’s proposals for the making of regulations under section 38 above;
b
specifies the water undertaker or undertakers in relation to which it is proposed F11the regulations should apply
F5bb
is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above; ; and
c
summarises the Director’s reasons for his proposals.
3
The Secretary of State shall not make any regulations F12on an application by the Authority under this section except where—
a
the only provisions of the regulations are F13those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals with such modifications as the Secretary of State considers appropriate; and
b
each of the modifications (if any) of the Director’s proposals to which effect is given by the regulations is a modification the proposal to make which has been notified—
i
to the Director;F17. . .
ii
to any water undertaker appearing to the Secretary of State to be likely to be affected by the modifications F14and
iii
to any person or body on whom a copy of the Authority’s application was served under subsection (1)(b) above.
F154
Where no such application as is mentioned in subsection (1) above has been made, the Secretary of State may make regulations under section 38 above only if he considers—
a
that the regulations will contribute towards the attainment of policies relating to public health or the environment; or
b
(if he does not consider that they will so contribute) that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made.
5
Before making regulations under section 38 above by virtue of subsection (4) above, the Secretary of State shall—
a
give notice of his proposals;
b
consider the results of the research carried out in accordance with subsection (7) below; and
c
consider every representation or objection with respect to the proposals which has been duly made and not withdrawn.
6
A notice under subsection (5)(a) above must—
a
summarise the Secretary of State’s reasons for his proposals;
b
specify the water undertaker or undertakers in relation to which it is proposed the regulations should apply; and
c
specify the period within which objections or representations with respect to the proposals may be made.
7
Before giving notice under subsection (5)(a) above the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.
8
A notice under subsection (5)(a) above shall be given by serving a copy on—
a
the Authority;
b
the Council;
c
every water undertaker to which the regulations will apply;
d
persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; and
e
such other persons or bodies as the Secretary of State may consider appropriate.
Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).