60(1)Section 61 (disconnections for non-payment of charges) is amended as follows.E+W
(2)In subsection (1)—
(a)for “the following provisions of this section” there is substituted “ subsections (1A) to (6) ”;
(b)after “cut off a supply of water to any premises,” there is inserted “if subsection (1ZA) or (1ZB) applies.
“(1ZA) This subsection applies”.
(3)After the subsection (1ZA) so formed there is inserted—
“(1ZB)This subsection applies if a water supply licensee requests the undertaker to disconnect the service pipe or otherwise cut off the supply of water to the premises.
(1ZC)A water supply licensee may make a request under subsection (1ZB) only if—
(a)the occupier of the premises is liable under an agreement with the licensee to pay charges to the licensee in respect of the supply of water to the premises,
(b)the licensee has served notice on the occupier requiring payment of charges due,
(c)the occupier has failed to pay the charges before the end of the period of seven days beginning with the day after the notice was served, and
(d)that period has expired.”
(4)In subsection (2)—
(a)in paragraph (a), for “subsection (1)” there is substituted “ subsection (1ZA) ”;
(b)in the words following paragraph (b), for “that subsection” there is substituted “ subsection (1) ”.
(5)After subsection (2) there is inserted—
“(2A)Where—
(a)a water supply licensee has served a notice for the purposes of subsection (1ZC)(b) on a person, and
(b)within the period of seven days mentioned in subsection (1ZC)(c), the person serves a counter-notice on the licensee stating that he disputes his liability to pay the charges in question,
the licensee may not make a request under subsection (1ZB) in relation to the premises except at a time when that person is the occupier of the premises and those charges are enforceable against that person in a manner specified in subsection (3).”
(6)In subsection (3)—
(a)after “subsection (2)” there is inserted “ or (2A) ”;
(b)in paragraph (a), after “the undertaker” there is inserted “ or, as the case may be, the licensee ”;
(c)in paragraph (b), after “the undertaker” there is inserted “ or, as the case may be, the licensee ”.
(7)In subsection (4)—
(a)the words “, from the person in respect of whose liability the power is exercised,” are repealed;
(b)at the end there is inserted “—
(a)from the person in respect of whose liability the power is exercised, in a case where the power is exercised in the circumstances mentioned in subsection (1ZA);
(b)from the water supply licensee who made the request, in a case where the power is exercised in the circumstances mentioned in subsection (1ZB).”
(8)In subsection (5)—
(a)in paragraph (b)—
(i)after “those premises” there is inserted “ (“the primary premises”) ”;
(ii)after “other premises” there is inserted “ (“the secondary premises”) ”;
(b)in the words after paragraph (b)—
(i)for “those other premises” there is substituted “ the secondary premises ”;
(ii)for “the premises in relation to which the charges are due” there is substituted “ the primary premises ”;
(iii)for “the other premises” there is substituted “ the secondary premises ”.
(9)After subsection (5) there is inserted—
“(6)The undertaker may not cut off the supply to the secondary premises in reliance on subsection (5) if—
(a)in a case where the undertaker is exercising the power in subsection (1) because charges are due to it, the secondary premises are supplied by a person other than the undertaker;
(b)in a case where the undertaker is exercising the power in subsection (1) because of a request for disconnection under subsection (1ZB), the secondary premises are supplied by a person other than the licensee which made that request.”
Commencement Information
I1Sch. 7 para. 60 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(vii)