Search Legislation

Water Act 2003

Status:

This is the original version (as it was originally enacted).

42Standards of performance in relation to sewerage services

This section has no associated Explanatory Notes

(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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources