Part 2New regulatory arrangements, etc
Objectives of regulation of water industry
I142Standards of performance in relation to sewerage services
1
Section 96 of the WIA (procedure for making regulations relating to performance standards in connection with sewerage services) is amended as follows.
2
Before subsection (1) there is inserted—
A1
The Secretary of State may make regulations under section 95 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.
3
In subsection (1)—
a
for the words preceding paragraph (a), and paragraph (a), there is substituted “
Where 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 95 above if—
”
,
b
in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is inserted—
iii
on the Council; and
iv
on such other persons or bodies as the Secretary of State may consider appropriate;
c
in paragraph (c)(ii), for “(b)(ii)” there is substituted “
(b)
”
.
4
In subsection (2)—
a
in paragraph (a), for “draft provisions proposed by the Director for inclusion in” there is substituted “
the Authority’s proposals for the making of
”
,
b
in paragraph (b), for “those provisions” there is substituted “
the regulations
”
.
5
In subsection (3)—
a
for “under section 95 above” there is substituted “
on an application by the Authority under this section
”
,
b
in paragraph (a), for “the provisions proposed by the Director in his application or those provisions” there is substituted “
those 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
”
,
c
in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is inserted
and
iii
to any person or body on whom a copy of the Authority’s application was served under subsection (1)(b) above.
6
After subsection (3) there is added—
4
Where no such application as is mentioned in subsection (1) above has been made, the Secretary of State may make regulations under section 95 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 95 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 sewerage 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 sewerage 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.