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[F1PART IIIAE+W Promotion of the Efficient Use of Water]

Textual Amendments

F1Part IIIA (ss. 93A-93D) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 102 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

[93B Power of Director to impose requirements on water undertakers.E+W

(1)The Director may require a water undertaker, in its performance of its duty under section 93A above, to—

(a)take any such action; or

(b)achieve any such overall standards of performance,

as he may specify in the document imposing the requirement.

(2)Where the Director, in the document imposing a requirement on a water undertaker under subsection (1) above, stipulates that any contravention of the requirement by the undertaker will be a breach of its duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty.

(3)Without prejudice to the generality of subsection (1) above, a requirement under that subsection may—

(a)require a water undertaker to make available to its customers or potential customers such facilities as may be specified in the document imposing the requirement;

(b)require a water undertaker to provide or make available to its customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.

(4)In exercising his powers under this section in relation to any water undertaker the Director shall have regard to the extent to which water resources are available to that undertaker.

(5)Before imposing any requirement on a water undertaker under subsection (1) above the Director shall consult that undertaker.

(6)Nothing in this section authorises the Director to impose any requirement on a water undertaker which has or may have the effect of authorising or requiring that undertaker to impose any requirement on any of its customers or potential customers.]