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Water Industry Act 1991

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[F166CWholesale water supply by secondary water undertakerE+W

(1)This section applies where—

(a)a qualifying licensed water supplier—

(i)requests a water undertaker other than its primary water undertaker (the “secondary water undertaker”) to provide a supply of water for the purpose of the supplier supplying water, using the primary water undertaker’s supply system, to the premises of the supplier’s customers in accordance with the retail authorisation; and

(ii)requests its primary water undertaker to permit it to introduce that water into its supply system; and

(b)the premises are in the area of the primary water undertaker.

(2)Where this section applies—

(a)it shall be the duty of the secondary water undertaker, in accordance with an agreement or determination for such period and containing such terms and conditions as may be provided for under section 66D(2) below—

(i)to take any such steps in respect of its supply system as may be so provided for in order to enable it to provide the requested supply; and

(ii)having taken any such steps, to provide that supply; and

(b)it shall be the duty of the primary water undertaker, in accordance with an agreement or determination for such period and containing such terms and conditions as may be provided for under section 66D(2) below—

(i)to take any such steps specified in subsection (3) below as may be so provided for in order to enable the licensed water supplier to make the introduction of the requested supply of water into the primary water undertaker’s supply system; and

(ii)having taken any such steps, to permit the introduction of that supply of water into that supply system.

(3)The steps mentioned in subsection (2)(b)(i) above are steps—

(a)for the purpose of connecting the premises in question with the primary water undertaker’s supply system;

(b)for the purpose of connecting that system with the secondary water undertaker’s supply system; or

(c)in respect of the primary water undertaker’s supply system.

(4)If the first or second condition is satisfied—

(a)a secondary water undertaker shall not be required by virtue of this section to provide a supply of water to a licensed water supplier; and

(b)a primary water undertaker shall not be required by virtue of this section to permit the introduction of water into its supply system, or to take any steps to enable the licensed water supplier to make such an introduction.

(5)The first condition is that the provision of the supply or permitting the introduction would—

(a)require the undertaker in question, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works; or

(b)otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a) above.

(6)This second condition is that there is a contravention in relation to the water fittings used or to be used in connection with—

(a)the supply of water to the premises to be supplied by the supplier; or

(b)the use of water in those premises,

of such of the requirements of regulations under section 74 below as are prescribed for the purposes of section 66A(6) above.

(7)Where—

(a)requests have been made by a licensed water supplier to its primary water undertaker and secondary water undertaker for the purposes of subsection (1) above; and

(b)the steps which either of those undertakers is required to take by virtue of the request made to it include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works,

the undertaker’s failure to acquire the necessary authority or agreement shall not affect any liability of the licensed water supplier, under any term or condition in accordance with which those steps are taken, to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps.

(8)Any pipe laid in pursuance of subsection (2)(b)(i) above by virtue of subsection (3)(b) above shall be regarded as a water main for the purposes of this Act, subject to any provision to the contrary.]

Textual Amendments

F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)

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