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SCHEDULES

Section 1

SCHEDULE 1E+WWater supply licences: authorisations

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Commencement Information

I1Sch. 1 in force at 1.1.2016 by S.I. 2015/1938, art. 3(d)

SCHEDULE 2AE+WWATER SUPPLY LICENCES: AUTHORISATIONS

Operation of the authorisations in England and WalesE+W

1In the descriptions of the following authorisations, a reference to the supply system of a water undertaker is a reference to the supply system of a water undertaker whose area is wholly or mainly in England—

(a)a retail authorisation;

(b)a wholesale authorisation.

2In the descriptions of the following authorisations, a reference to the supply system of a water undertaker is a reference to the supply system of a water undertaker whose area is wholly or mainly in Wales—

(a)a restricted retail authorisation;

(b)a supplementary authorisation.

Retail authorisationE+W

3A retail authorisation given by a water supply licence is an authorisation to the water supply licensee to use the supply system of a water undertaker for the purpose of supplying water to the premises of—

(a)the licensee,

(b)persons associated with the licensee, or

(c)the licensee's customers.

4None of the premises supplied by a water supply licensee under a retail authorisation may be household premises (as defined in section 17C).

Wholesale authorisationE+W

5A wholesale authorisation given by a water supply licence is an authorisation to the water supply licensee to introduce water into the supply system of a water undertaker—

(a)by means of which system any particular supply in accordance with a retail authorisation (whether the licensee's or another water supply licensee's) is to take place, and

(b)where that introduction is to be made in connection with that intended supply.

Restricted retail authorisationE+W

6A restricted retail authorisation given by a water supply licence is an authorisation to the water supply licensee to use the supply system of a water undertaker for the purpose of supplying water to the premises of the licensee's customers.

7The following requirements must be satisfied in relation to each of the premises to be supplied by a water supply licensee under a restricted retail authorisation—

(a)the requirement that the premises are not household premises (as defined in section 17C);

(b)the threshold requirement (construed in accordance with section 17D).

Supplementary authorisationE+W

8A supplementary authorisation given by a water supply licence is an authorisation to the water supply licensee to introduce water into the supply system of a water undertaker—

(a)by means of which system any particular supply in accordance with the licensee's restricted retail authorisation is to take place, and

(b)where that introduction is to be made in connection with that intended supply.

Enforcement and guidanceE+W

9The requirements in paragraphs 4 and 7 are enforceable by the Authority under section 18.

10(1)The Authority may from time to time, with the approval of the Secretary of State, issue guidance as to the factors that are, or are not, to be taken into account in determining the extent of any premises for the purposes of paragraphs 4 and 7.

(2)Before giving approval under sub-paragraph (1) the Secretary of State must consult the Welsh Ministers.

InterpretationE+W

11For the purposes of this Schedule, a person (A) is associated with a water supply licensee (L) if—

(a)where A and L are bodies corporate, one of them is a subsidiary of the other or both are subsidiaries of the same body corporate;

(b)where A or L is an individual or an unincorporated association and the other is a body corporate, that individual or unincorporated association controls the other or a body corporate of which the other is a subsidiary;

(c)A is a partnership of which L is a member.

12In paragraph 11 “subsidiary” has the meaning given by section 1159 of the Companies Act 2006; and sections 450(1) to (4) and 451(1) to (3) of the Corporation Taxes Act 2010 (control of a company) apply for the purposes of paragraph 11 as they apply for the purposes of Part 10 of that Act.”

Section 1

SCHEDULE 2E+WWater undertakers' duties as regards water supply licensees

1For sections 66A to 66C of the Water Industry Act 1991, and the Chapter heading and italic heading preceding section 66A, there is substituted— Supply duties etc: water supply licensees

Duties of undertakers to supply water supply licensees etcE+W

66AUse of water undertaker's supply system

(1)This section applies where a water supply licensee with a retail authorisation (“L”) requests a water undertaker to permit the use of the undertaker's supply system for the purpose of supplying water to premises that—

(a)L is to supply in accordance with L's retail authorisation, and

(b)are in the area of the undertaker.

(2)This section also applies where a water supply licensee with a restricted retail authorisation (“R”) requests a water undertaker to permit the use of the undertaker's supply system for the purpose of supplying water to premises that—

(a)R is to supply in accordance with R's restricted retail authorisation, and

(b)are in the area of the undertaker.

(3)Where this section applies, the undertaker must in accordance with a section 66D agreement take such steps—

(a)for the purpose of connecting the premises in question with the undertaker's supply system, or

(b)in respect of that system,

as may be provided for in that agreement in order to enable the requested use of the undertaker's supply system.

(4)A water undertaker is not required by this section to permit the use of its supply system, or to take any steps to enable its use, if the first or second ground applies.

(5)The first ground is that—

(a)in the case of a request under subsection (1), the water supply licensee has not secured by means of—

(i)a request under section 66AA(1) made by the licensee,

(ii)a request under section 66B(1) or 66C(1), (2) or (3) made by the licensee or another water supply licensee, or

(iii)a combination of such requests,

a supply of water, or the introduction of a supply of water, in connection with which the premises in question are to be supplied;

(b)in the case of a request under subsection (2), the water supply licensee has not secured by means of—

(i)a request under section 66AA(2), 66B(2) or (3) or 66C(4), or

(ii)a combination of such requests,

a supply of water, or the introduction of a supply of water, in connection with which the premises in question are to be supplied.

(6)The second ground is that there is, in relation to the water fittings used or to be used in connection with—

(a)the supply of water to the premises in question, or

(b)the use of water in those premises,

a contravention of such of the requirements of regulations under section 74 as are prescribed for the purposes of this subsection.

(7)Where—

(a)a request has been made by a water supply licensee for the purposes of subsection (1) or (2), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps.

(8)For the purposes of this section and sections 66AA to 66C—

(a)premises which are outside a water undertaker's area are to be treated as being within that area if they are supplied with water using the undertaker's supply system, and

(b)any pipes of the water undertaker which are used for the purpose of supplying premises as mentioned in paragraph (a) are to be treated as being part of the undertaker's supply system (if they would not otherwise be part of it).

(9)In this section and sections 66AA to 66C—

(a)prescribed” means, in relation to a water undertaker whose area is wholly or mainly in Wales, prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly;

(b)a reference to the supply system of a water undertaker is to be construed in accordance with section 17B;

(c)references to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.

66AAWater supply from water undertaker

(1)This section applies where a water supply licensee with a retail authorisation (“L”) requests a water undertaker to provide L with a supply of water for the purpose of supplying water to premises that—

(a)L is to supply in accordance with L's retail authorisation, and

(b)are in the area of the undertaker.

(2)This section also applies where a water supply licensee with a restricted retail authorisation (“R”) requests a water undertaker to provide R with a supply of water for the purpose of supplying water to premises that—

(a)R is to supply in accordance with R's restricted retail authorisation, and

(b)are in the area of the undertaker.

(3)Where this section applies, the undertaker must in accordance with a section 66D agreement—

(a)take such steps in respect of the undertaker's supply system as may be provided for in that agreement in order to enable the use of the undertaker's supply system for the purpose in subsection (1) or, as the case may be, subsection (2), and

(b)having taken such steps, provide the requested supply of water.

(4)A water undertaker is not required by this section to provide a supply of water if both of the first and second grounds apply.

(5)The first ground is that—

(a)the premises to be supplied by L or, as the case may be, R do not consist in the whole or any part of a building, or

(b)the supply to be made by L or, as the case may be, R to those premises is for purposes other than domestic purposes.

(6)The second ground is that provision of a supply of water by the water undertaker would—

(a)require the undertaker, 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).

(7)Where—

(a)a request has been made by a water supply licensee for the purposes of subsection (1) or (2), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps.

66BIntroduction of water into water undertaker's supply system

(1)This section applies where—

(a)a water supply licensee with a wholesale authorisation (“L”) requests a water undertaker to permit L to introduce water into the undertaker's supply system, with a view to the use of that system, in connection with that introduction of water, to supply water to particular premises in accordance with a retail authorisation (whether L's or another's), and

(b)the premises in issue are in the area of the undertaker.

(2)This section also applies where—

(a)a water supply licensee with a supplementary authorisation (“R1”) requests a water undertaker to permit R1 to introduce water into the undertaker's supply system, with a view to the use of that system, in connection with that introduction of water, to supply water to particular premises in accordance with R1's restricted retail authorisation, and

(b)the premises in issue are in the area of the undertaker.

(3)This section also applies where—

(a)a water undertaker agrees to permit a water supply licensee with a supplementary authorisation (“R2”) to introduce water into the undertaker's treatment works,

(b)in connection with that introduction, R2 requests the undertaker to permit R2 to introduce water into the undertaker's supply system, with a view to the use of that system to supply water to particular premises in accordance with R2's restricted retail authorisation, and

(c)the premises in issue are in the area of the undertaker.

(4)Where this section applies, the undertaker must in accordance with a section 66D agreement—

(a)in a case falling within subsection (1), take such steps—

(i)for the purpose of connecting L's source of water with the undertaker's supply system, or

(ii)in respect of the undertaker's supply system,

as may be provided for in that agreement in order to enable L to make the requested introduction of water into the supply system;

(b)in a case falling within subsection (2), take such steps—

(i)for the purpose of connecting R1's treatment works with the undertaker's supply system,

(ii)for the purpose of connecting with the undertaker's supply system any source used by R1 for the purpose of supplying water other than for domestic or food purposes, or

(iii)in respect of the undertaker's supply system,

as may be provided for in that agreement in order to enable R1 to make the requested introduction of water into the supply system;

(c)in a case falling within subsection (3), take such steps in respect of the undertaker's supply system as may be provided for in that agreement in order to enable R2 to make the requested introduction of water into the supply system;

(d)having taken steps under paragraph (a), (b) or (c) (as the case may be), permit the requested introduction of water into that supply system.

(5)A water undertaker is not required by this section to permit the introduction of water into its supply system, or to take any steps to enable such an introduction of water, if permitting the introduction of water into the undertaker's supply system would—

(a)require the undertaker, 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).

(6)Where—

(a)a request has been made by a water supply licensee for the purposes of subsection (1), (2) or (3), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps.

(7)In this section “treatment works” means—

(a)in relation to a water undertaker whose area is wholly or mainly in Wales, the works designated as treatment works by the Secretary of State for the purposes of section 17B(6);

(b)in relation to a water supply licensee, the works designated from time to time by the Welsh Ministers as treatment works for the purposes of this paragraph.

(8)A list of any works designated for the purposes of subsection (7)(b) must be published from time to time by the Welsh Ministers in such manner as the Welsh Ministers consider appropriate for the purpose of bringing the designations to the attention of persons likely to be affected by them.

(9)A pipe laid because of subsection (4)(a)(i) or (b)(i) or (ii) is to be regarded as a water main for the purposes of this Act, subject to any provision to the contrary.

(10)In this section and section 66C—

(a)a reference to a wholesale authorisation is to be construed in accordance with Schedule 2A;

(b)a reference to a supplementary authorisation is to be construed in accordance with Schedule 2A.

66CIntroduction of water provided by secondary water undertaker

(1)This section applies where a water supply licensee with a wholesale authorisation (“L1”)—

(a)requests a water undertaker other than L1's primary water undertaker (the “secondary water undertaker”) to provide a supply of water so that water may be supplied to particular premises, using the primary water undertaker's supply system and in accordance with a retail authorisation (whether L1's or another's), and

(b)requests L1's primary water undertaker to permit L1 to introduce that water into the primary water undertaker's supply system,

and the premises in issue are in the area of the primary water undertaker.

A request under paragraph (a) may only be made to a water undertaker whose area is wholly or mainly in England.

(2)This section also applies where a water supply licensee with a wholesale authorisation (“L2”)—

(a)requests a water undertaker whose area is wholly or mainly in Wales and which is not L2's primary water undertaker (the “secondary water undertaker”) to provide a supply of water so that L2 may supply water to particular premises, using the primary water undertaker's supply system and in accordance with L2's retail authorisation so far as that authorisation relates to L2's customers, and

(b)requests L2's primary water undertaker to permit L2 to introduce that water into the primary water undertaker's supply system,

and the premises in issue are in the area of the primary water undertaker.

(3)This section also applies where a water supply licensee with a wholesale authorisation (“L3”)—

(a)agrees with a water undertaker whose area is wholly or mainly in Wales and which is not L3's primary undertaker (the “secondary water undertaker”) for the secondary water undertaker to provide a supply of water so that water may be supplied to particular premises, using the primary water undertaker's supply system and in accordance with—

(i)L3's retail authorisation except so far as that authorisation relates to L3's customers, or

(ii)a retail authorisation other than L3's, and

(b)requests L3's primary water undertaker to permit L3 to introduce that water into the primary water undertaker's supply system,

and the premises in issue are in the area of the primary water undertaker.

(4)This section also applies where a water supply licensee with a supplementary authorisation (“R”)—

(a)requests a water undertaker other than R's primary water undertaker (the “secondary water undertaker”) to provide a supply of water so that R may supply water to particular premises, using the primary water undertaker's supply system and in accordance with R's restricted retail authorisation, and

(b)requests R's primary water undertaker to permit R to introduce that water into the primary water undertaker's supply system,

and the premises in issue are in the area of the primary water undertaker.

A request under paragraph (a) may be made to a water undertaker whose area is wholly or mainly in England or Wales.

(5)Where this section applies by virtue of subsection (1), (2) or (4), the secondary water undertaker must in accordance with a section 66D agreement—

(a)take such steps in respect of its supply system as may be provided for in that agreement in order to enable it to provide the requested supply, and

(b)having taken such steps, provide that supply.

(6)Where this section applies, the primary water undertaker must in accordance with a section 66D agreement—

(a)take such steps—

(i)for the purpose of connecting the secondary water undertaker's supply system with the primary water undertaker's supply system, or

(ii)in respect of its supply system,

as may be provided for in that agreement in order to enable L1, L2, L3 or R to make the requested introduction of water into the primary undertaker's supply system, and

(b)having taken such steps, permit the requested introduction.

(7)A secondary water undertaker is not required by this section to provide a supply of water to L1, L2 or R if providing the supply of water would—

(a)require the secondary undertaker, 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).

(8)A primary water undertaker is not required by this section to permit the introduction of water into its supply system, or to take any steps to enable such an introduction of water, if permitting the introduction of a supply of water would—

(a)require the primary undertaker, 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).

(9)Where—

(a)a request has been made by a water supply licensee to a water undertaker for the purposes of subsection (1), (2), (3) or (4), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps.

(10)A pipe laid because of subsection (6)(a)(i) is to be regarded as a water main for the purposes of this Act, subject to any provision to the contrary.

(11)For the purposes of this section, a water undertaker is the primary water undertaker of a water supply licensee if the undertaker's supply system is to be used for the purpose of making the supply to the premises mentioned in subsection (1), (2), (3) or (4).

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Commencement Information

I2Sch. 2 para. 1 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)

2After section 66C (substituted by paragraph 1) there is inserted—

66CADeterminations by Authority

(1)The Authority may determine, in a case referred to it by a water supply licensee, whether any condition specified in the following provisions is satisfied—

(a)section 66A(5) and (6);

(b)section 66AA(5) and (6);

(c)section 66B(5);

(d)section 66C(7) and (8).

(2)Before the Authority determines whether a condition specified in section 66B(5) is satisfied, it must consult the Secretary of State.

(3)If a determination as to a condition specified in section 66B(5) relates to the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales, the Authority must consult the Welsh Ministers, not the Secretary of State.

(4)Before the Authority determines whether a condition specified in section 66C(7) or (8) is satisfied, it must consult the Secretary of State and the appropriate agency.

(5)If the case in which a determination as to a condition specified in section 66C(7) or (8) is made relates to—

(a)the supply of water by a water undertaker whose area is wholly or mainly in Wales, and

(b)the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales,

the Authority must consult the Welsh Ministers, not the Secretary of State.

(6)If the case in which a determination as to a condition specified in section 66C(7) or (8) is made relates to the supply of water by one water undertaker, and the introduction of water into the supply system of another water undertaker, and only one of those undertakers has an area wholly or mainly in Wales, the Authority must consult the Welsh Ministers as well as the Secretary of State.

(7)In subsection (4), “the appropriate agency”, in relation to a determination as to a condition specified in section 66C(7) or (8) relating to the supply of water by one water undertaker, and the introduction of water into the supply system of another water undertaker means—

(a)the Environment Agency, in a case where the areas of both undertakers are wholly in England;

(b)the NRBW, in a case where the areas of both undertakers are wholly in Wales;

(c)both the Environment Agency and the NRBW, in any other case.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 2 para. 2 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(i)(ii)

3For section 66D of the Water Industry Act 1991 (determinations and agreements) there is substituted—

66DAgreements as to duties under sections 66A to 66C

(1)On the application of—

(a)a water supply licensee that has made a request under sections 66A to 66C, or

(b)a water undertaker to which such a request has been made,

the Authority may by order require a water undertaker to perform the duty in question under sections 66A to 66C, for such period and on such terms and conditions as may be specified in the order.

(2)The Authority may make an order under subsection (1) only if—

(a)in the case of an application relating to a duty under section 66A, 66AA, 66B or 66C, it appears to the Authority that the water undertaker is required to perform that duty under that section, or

(b)in the case of an application relating to duties under section 66C, it appears to the Authority that both water undertakers in question are required to perform duties under that section,

and it is satisfied that the parties cannot reach agreement within a reasonable time.

(3)An order under subsection (1) has effect as an agreement between—

(a)the water supply licensee, and

(b)the water undertaker required to perform the duty in question.

(4)On the application of a party to a section 66D agreement, and if the Authority is satisfied that the parties cannot reach agreement on the variation or termination of the agreement within a reasonable time, the Authority may by order vary or terminate the agreement.

(5)If an order under subsection (4) is made in relation to a section 66D agreement, the agreement—

(a)has effect subject to the provision made by the order, or

(b)ceases to have effect, as the case may be.

(6)An order under subsection (4) may require one party to the agreement to pay compensation to the other.

(7)Neither the CMA nor the Authority may exercise, in respect of an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, the powers conferred by—

(a)section 32 of the Competition Act 1998 (directions in relation to agreements);

(b)section 35(2) of that Act (interim directions).

(8)Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—

(a)which is connected with an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, and

(b)in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.

(9)In this Chapter a reference to a section 66D agreement is a reference to—

(a)an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, or

(b)an order deemed to be such an agreement under subsection (3), or

(c)an agreement varied by order under subsection (4).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 2 para. 3 in force at 1.4.2017 by S.I. 2017/462, art. 3(i)(iii) (with arts. 6-9)

4After section 66D of the Water Industry Act 1991 (as substituted by paragraph 3) there is inserted—

66DACodes in respect of section 66D agreements

(1)The Authority may issue one or more codes in respect of section 66D agreements.

(2)A code may make provision about—

(a)procedures in connection with making a section 66D agreement;

(b)procedures in connection with varying or terminating a section 66D agreement;

(c)the terms and conditions of a section 66D agreement, including terms as to the duration of such an agreement;

(d)principles for determining the terms and conditions that should or should not be incorporated into a section 66D agreement.

(3)A code may make provision about the steps to be taken by the Authority in determining for the purposes of section 66D(2) whether a water undertaker is, in the particular case, required to perform a duty under sections 66A to 66C.

(4)If the Authority considers that a water undertaker or a water supply licensee is not acting as required by a code, the Authority may give the undertaker or the licensee a direction to do, or not to do, a thing specified in the direction.

(5)The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.

(6)It is the duty of a water undertaker or a water supply licensee to comply with a direction under subsection (4), and this duty is enforceable by the Authority under section 18.

(7)A code may make—

(a)different provision for different persons or descriptions of person;

(b)different provision for different duties under sections 66A to 66C.

(8)The Authority may from time to time revise a code issued under this section and issue a revised code.

(9)A revised code may include provision for applying any of its revisions to section 66D agreements made before the revised code comes into effect.

66DBCodes under section 66DA: procedure

(1)Before issuing a code under section 66DA, the Authority must—

(a)prepare a draft of the proposed code under section 66DA;

(b)consult persons in accordance with subsections (2) to (4).

(2)If the proposed code relates to section 66D agreements made with water undertakers whose areas are wholly or mainly in England, the Authority must consult the following about the proposed code—

(a)the Secretary of State;

(b)the Chief Inspector of Drinking Water;

(c)the appropriate agency;

(d)the Council;

(e)any relevant undertakers likely to be affected by the proposed code;

(f)any water supply licensees likely to be affected by the proposed code;

(g)such other persons as the Authority thinks appropriate.

(3)If the proposed code relates to section 66D agreements made with water undertakers whose areas are wholly or mainly in Wales, the Authority must consult the following about the proposed code—

(a)the Welsh Ministers;

(b)the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies;

(c)the appropriate agency;

(d)the Council;

(e)any relevant undertakers likely to be affected by the proposed code;

(f)any water supply licensees likely to be affected by the proposed code;

(g)such other persons as the Authority thinks appropriate.

(4)The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.

(5)Before a code under section 66DA prepared by the Authority is issued, the Minister may direct the Authority—

(a)not to issue the code, or

(b)to issue the code with specified modifications.

(6)Subsection (5) is subject to subsections (8) and (9).

(7)In subsection (5) “the Minister” means—

(a)the Secretary of State, so far as a code prepared by the Authority relates to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in England;

(b)the Welsh Ministers, so far as a code prepared by the Authority relates to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in Wales;

(c)the Secretary of State and the Welsh Ministers acting jointly, so far as a code prepared by the Authority relates to section 66D agreements not falling within paragraph (a) or (b).

(8)If the power under subsection (5) is exercised to give a direction in respect of such section 66D agreements as are referred to in paragraph (a), (b) or (c) of subsection (7), it may not be exercised again in respect of such section 66D agreements as are referred to in that paragraph.

(9)If the power under subsection (5) to give a direction in respect of such section 66D agreements as are referred to in paragraph (a), (b) or (c) of subsection (7) is not exercised on the first occasion on which it may be so exercised, it may not be exercised in respect of such section 66D agreements as are referred to in that paragraph on a later occasion.

(10)A direction under subsection (5) must be given within the period of 28 days beginning with the day after the end of the consultation period, and a code prepared by the Authority in relation to which a direction may be given may not be issued before that period of 28 days has expired.

(11)In this section “the appropriate agency” means—

(a)the Environment Agency, in relation to section 66D agreements made with water undertakers whose areas are wholly in England;

(b)the NRBW, in relation to section 66D agreements made with water undertakers whose areas are wholly in Wales;

(c)both the Environment Agency and the NRBW, in relation to section 66D agreements made with water undertakers whose areas are partly in England and partly in Wales.

(12)This section is subject to section 66DC.

66DCCodes under section 66DA: minor or urgent revisions

(1)This section applies if the Authority proposes to issue a revised code and, in the view of the Authority, the revision or each of the revisions proposed to be made is—

(a)a revision for which consultation is unnecessary, or

(b)a revision that it is necessary or desirable to make without delay.

(2)Section 66DB does not apply to the proposed revised code.

(3)Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—

(a)the issuing of the revised code, and

(b)as regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

(4)Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.

(5)Unless the Authority gives notice that a revision in a revised code is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised code is issued.

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Commencement Information

I5Sch. 2 para. 4 in force at 1.9.2015 for specified purposes by S.I. 2015/773, art. 3(c) (with art. 5)

I6Sch. 2 para. 4 in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(d)(i) (with art. 5(1)(3)(5))

I7Sch. 2 para. 4 in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(j)(i) (with Sch. 2)

I8Sch. 2 para. 4 in force at 30.3.2017 in so far as not already in force by S.I. 2017/462, art. 2(c) (with art. 10)

5For section 66E of that Act there is substituted—

66ERules about charges

(1)The Authority must issue rules about charges that may be imposed by a water undertaker under a section 66D agreement.

(2)The rules may in particular make provision about—

(a)the types of charges that may be imposed;

(b)the amount or the maximum amount, or methods for determining the amount or maximum amount, of any type of charge;

(c)principles for determining what types of charges may or may not be imposed;

(d)principles for determining the amount of any charge that may be imposed;

(e)publication of the charges that may be imposed.

(3)The rules must include provision for and in connection with requiring a water undertaker to impose on a water supply licensee only such charges as would enable the licensee, where the services it provides to a person under its retail authorisation or restricted retail authorisation are services to which a section 142(2)(b) agreement would apply if the undertaker had continued to provide the services, to charge for those services at the same rate or rates as would have applied if the section 142(2)(b) agreement had applied.

(4)In subsection (3) “section 142(2)(b) agreement” means an agreement to which section 142(2)(b) applies.

(5)If the Authority considers that a water undertaker is not acting as required by rules under this section, the Authority may—

(a)give the undertaker a direction to do, or not to do, a thing specified in the direction, or

(b)in a case where a section 66D agreement to which the undertaker is party requires modification in order to conform to the rules, give a direction to the undertaker and the water supply licensee in question to modify the agreement.

(6)It is the duty of a water undertaker or a water supply licensee to comply with a direction under subsection (5), and this duty is enforceable by the Authority under section 18.

(7)The rules may—

(a)make different provision for different persons or descriptions of person;

(b)make different provision for different purposes;

(c)make provision subject to exceptions.

(8)The Authority may from time to time revise rules issued under this section and issue revised rules.

(9)The Authority must issue revised rules if—

(a)guidance is issued under section 66ED, and

(b)the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.

(10)Revised rules may include provision for applying any of their revisions to section 66D agreements made before the revised rules come into effect.

66EARules about charges: provision about the reduction of charges

(1)Rules under section 66E may make provision about the reduction of charges payable under a section 66D agreement where—

(a)a water supply licensee that has a retail authorisation or a restricted retail authorisation is party to the section 66D agreement, and

(b)other conditions specified by the rules are satisfied.

(2)Rules made by virtue of subsection (1) may in particular—

(a)specify conditions relating to any party to the section 66D agreement;

(b)specify conditions about persons taking steps for the purpose of reducing or managing water consumption;

(c)specify conditions about the premises by reference to which such steps are to be taken;

(d)specify conditions about reducing charges payable by a person who—

(i)is not party to the section 66D agreement, and

(ii)takes or proposes to take such steps as satisfy or would satisfy a condition specified under paragraph (b).

(3)The rules may provide that, where a charge falls to be reduced in accordance with rules made by virtue of subsection (1), the water undertaker to which the charges are payable must give notice of that reduction to the Authority.

(4)Rules made by virtue of subsection (3) may—

(a)make provision as to the content of the notice;

(b)specify the period within which an undertaker is to give notice to the Authority.

(5)Provision under subsection (4)(a) may in particular require the notice to specify—

(a)the amount of the charge, with and without the reduction;

(b)the period for which the reduction has effect.

66EBRules under section 66E: procedure

(1)Before issuing rules under section 66E, the Authority must—

(a)prepare a draft of the proposed rules, and

(b)consult the relevant persons about the draft.

(2)The relevant persons are—

(a)the Secretary of State;

(b)the Welsh Ministers;

(c)the Council;

(d)any water undertakers likely to be affected by the rules;

(e)any water supply licensees likely to be affected by the rules;

(f)such other persons as the Authority thinks appropriate.

(3)The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.

(4)The Authority must have regard to guidance issued under section 66ED in preparing rules under section 66E.

(5)Before rules under section 66E prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.

(6)In subsection (5) “the Minister” means—

(a)the Secretary of State, so far as rules prepared by the Authority relate to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in England;

(b)the Welsh Ministers, so far as rules prepared by the Authority relate to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in Wales;

(c)the Secretary of State and the Welsh Ministers acting jointly, so far as rules prepared by the Authority relate to section 66D agreements not falling within paragraph (a) or (b).

(7)A direction under subsection (5) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules may not be issued before that period of 28 days has expired.

(8)This section is subject to section 66EC.

66ECRules under section 66E: minor or urgent revisions

(1)This section applies if the Authority proposes to issue revised rules under section 66E and, in the view of the Authority, the revision or each of the revisions proposed to be made is—

(a)a revision for which consultation is unnecessary, or

(b)a revision that it is necessary or desirable to make without delay.

(2)Section 66EB does not apply to the proposed revised rules.

(3)Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.

(4)Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.

(5)A direction under subsection (4) must be given within the period of 14 days beginning with the day after the day on which notice is given under subsection (3), and the Authority may not issue the revised rules in question before—

(a)that period of 14 days expires, or

(b)the Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,

whichever is the sooner.

(6)Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—

(a)the issuing of the revised rules, and

(b)as regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.

(8)Unless the Authority gives notice that a revision in revised rules is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised rules are issued.

(9)In this section “the Minister” has the meaning given by section 66EB.

66EDRules under section 66E: guidance

(1)The Minister may issue guidance as to the content of rules under section 66E.

(2)Before issuing the guidance, the Minister must—

(a)prepare a draft of any proposed guidance;

(b)consult the relevant persons about the draft.

(3)The relevant persons are—

(a)the Secretary of State;

(b)the Welsh Ministers;

(c)such other persons as the Minister thinks appropriate.

(4)The Minister may from time to time revise guidance issued under this section and issue revised guidance.

(5)Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.

(6)The Minister must arrange for the publication of guidance issued under this section.

(7)In this section “the Minister” means—

(a)the Secretary of State, in relation to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in England;

(b)the Welsh Ministers, in relation to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in Wales;

(c)the Secretary of State and the Welsh Ministers acting jointly, in relation to section 66D agreements not falling within paragraph (a) or (b).

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Commencement Information

I9Sch. 2 para. 5 in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(d)(ii) (with art. 5(1)(3)(5))

I10Sch. 2 para. 5 in force at 1.9.2016 for specified purposes by S.I. 2016/465, art. 3(e) (with Sch. 2)

I11Sch. 2 para. 5 in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(i)(iv) (with arts. 6-9)

6Section 66F (section 66D: supplementary) is repealed.

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Commencement Information

I12Sch. 2 para. 6 in force at 1.4.2017 by S.I. 2017/462, art. 3(i)(v) (with arts. 6-9)

7(1)Section 66G (designation of strategic supply) is amended as follows.E+W

(2)In subsection (1), for “an agreement under section 66D above” there is substituted “ a section 66D agreement ”.

(3)In subsection (4)(d), for “the agreement under section 66D above” there is substituted “ the section 66D agreement ”.

(4)In subsection (10)—

(a)for “section 66A” there is substituted “ section 66AA ”;

(b)for “customers of the licensed water supplier in question” there is substituted “ relevant customers of a water supply licensee ”.

(5)After subsection (10) there is inserted—

(11)A person is a relevant customer of a water supply licensee if the introduction of water in question is made by reference to the supply of water to that person's premises in accordance with—

(a)a retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), or

(b)a restricted retail authorisation of the licensee requesting the introduction of water.

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Commencement Information

I13Sch. 2 para. 7 in force at 1.4.2017 by S.I. 2017/462, art. 3(i)(v)

8(1)Section 66H (designation of collective strategic supply) is amended as follows.E+W

(2)In subsection (1)(b), for “agreements under section 66D above” there is substituted “ section 66D agreements ”.

(3)In subsection (4)(d), for “the agreements under section 66D above” there is substituted “ the section 66D agreements ”.

(4)In subsection (10)—

(a)for “section 66A” there is substituted “ section 66AA ”;

(b)for “customers of the licensed water supplier in question” there is substituted “ relevant customers of a water supply licensee ”.

(5)After subsection (10) there is inserted—

(11)A person is a relevant customer of a water supply licensee if an introduction of water is made by reference to the supply of water to that person's premises in accordance with—

(a)a retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), or

(b)a restricted retail authorisation of the licensee requesting the introduction of water.

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Commencement Information

I14Sch. 2 para. 8 in force at 1.4.2017 by S.I. 2017/462, art. 3(i)(v)

9(1)Section 66I (prohibition on unauthorised use of supply system) is amended as follows.E+W

(2)In subsection (1), for “of a customer” there is substituted of—

(a)a customer,

(b)the person so using that system, or

(c)a person associated with that person.

(3)In subsection (2)(b)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)for “its licence” there is substituted “ the licensee's licence ”.

(4)After subsection (8), there is inserted—

(8A)For the purposes of this section, a person (A) is associated with another person (B) if they would be associated with each other for the purposes of Schedule 2A if A were a water supply licensee.

(5)In subsection (9), for “section 17B(5) above” there is substituted “ section 17B ”.

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Commencement Information

I15Sch. 2 para. 9(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(j)(iii) (with Sch. 2)

I16Sch. 2 para. 9(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(i)(vi)

I17Sch. 2 para. 9(2)(3) in force at 1.4.2016 by S.I. 2016/465, art. 2(j)(ii) (with Sch. 2)

I18Sch. 2 para. 9(4) (5) in force at 1.4.2017 by S.I. 2017/462, art. 3(i)(vi)

Section 4

SCHEDULE 3E+WSewerage licences: authorisations

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Commencement Information

I19Sch. 3 in force at 1.1.2016 by S.I. 2015/1938, art. 3(e)

SCHEDULE 2BE+WSEWERAGE LICENCES: AUTHORISATIONS

Retail authorisationE+W

1A retail authorisation given by a sewerage licence is an authorisation to the sewerage licensee to use the sewerage system of a sewerage undertaker for the purpose of enabling the licensee to provide sewerage services in respect of the premises of—

(a)the licensee,

(b)persons associated with the licensee, or

(c)the licensee's customers.

2None of the premises served by a sewerage licensee under a retail authorisation may be household premises (as defined in section 17C).

3The requirement in paragraph 2 is enforceable by the Authority under section 18.

4The Authority may from time to time, with the approval of the Secretary of State, issue guidance as to the factors which are, or are not, to be taken into account in determining the extent of any premises for the purposes of paragraph 2.

Wholesale authorisationE+W

5A wholesale authorisation given by a sewerage licence is an authorisation to the sewerage licensee to remove matter from the sewerage system of a sewerage undertaker where—

(a)the sewerage system is being used to enable a sewerage licensee (whether the licensee or another sewerage licensee) to provide sewerage services in respect of premises in accordance with a retail authorisation, and

(b)the removing of matter from the sewerage system is done in connection with sewerage services so provided.

Disposal authorisationE+W

6A disposal authorisation given by a sewerage licence is an authorisation to the sewerage licensee to remove matter from the sewerage system of a sewerage undertaker.

7If a sewerage licensee with a disposal authorisation has, or a person associated with the licensee has, a retail authorisation—

(a)the licensee or the person associated with it, or both of them, must obtain a wholesale authorisation, and

(b)neither the licensee nor the person associated with it (if that person has a disposal authorisation) may remove matter from a sewerage system in accordance with the disposal authorisation (or either disposal authorisation, if both have such an authorisation) while matter may be removed in accordance with the wholesale authorisation (or either wholesale authorisation, if both have such an authorisation).

InterpretationE+W

8For the purposes of this Schedule, a person (A) is associated with a sewerage licensee (L) if—

(a)where A and L are bodies corporate, one of them is a subsidiary of the other or both are subsidiaries of the same body corporate;

(b)where A or L is an individual or an unincorporated association and the other is a body corporate, that individual or unincorporated association controls the other or a body corporate of which the other is a subsidiary;

(c)A is a partnership of which L is a member.

9In paragraph 8 “subsidiary” has the meaning given by section 1159 of the Companies Act 2006; and sections 450(1) to (4) and 451(1) to (3) of the Corporation Taxes Act 2010 (control of a company) apply for the purposes of paragraph 8 as they apply for the purposes of Part 10 of that Act.

Section 4

SCHEDULE 4E+WSewerage undertakers' duties as regards sewerage licensees

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Commencement Information

I20Sch. 4 in force at 1.9.2015 for specified purposes by S.I. 2015/773, art. 3(d) (with art. 5)

I21Sch. 4 in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(e)

I22Sch. 4 in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(k) (with Sch. 2)

I23Sch. 4 in force at 1.9.2016 for specified purposes by S.I. 2016/465, art. 3(f) (with Sch. 2)

I24Sch. 4 in force at 30.3.2017 for specified purposes by S.I. 2017/462, art. 2(d)

I25Sch. 4 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(j)

After Chapter 2 of Part 4 of the Water Industry Act 1991 there is inserted—

Chapter 2AE+WDuties relating to sewerage services: sewerage licensees

Duties of sewerage undertakers as regards enabling the provision of sewerage servicesE+W
117AUse of undertaker's sewerage system

(1)This section applies where a sewerage licensee with a retail authorisation (“L”) requests a sewerage undertaker to permit the use of the undertaker's sewerage system for the purpose of enabling L to provide sewerage services in respect of premises that—

(a)L is to serve in accordance with L's retail authorisation, and

(b)are in the area of the sewerage undertaker.

(2)Where this section applies, the undertaker must in accordance with a section 117E agreement take such steps—

(a)for the purpose of connecting the drains or sewers of the premises in question to the undertaker's sewerage system, or

(b)in respect of that system,

as may be provided for in that agreement in order to enable the requested use of that system.

(3)A sewerage undertaker is not required by this section to permit the use of its sewerage system, or to take any steps to enable its use, if the sewerage licensee making a request has not secured by means of—

(a)a request under section 117B made by the licensee, or

(b)a request under section 117C made by the licensee or another sewerage licensee,

that there is to be provision for dealing with or removing matter from the sewerage system in quantities determined by reference to the extent of sewerage services provided in respect of the premises in question.

(4)Where—

(a)a request has been made by a sewerage licensee for the purposes of subsection (1), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.

(5)For the purposes of this section and sections 117B and 117C—

(a)premises which are outside a sewerage undertaker's area are to be treated as being within that area if they are provided with sewerage services using the undertaker's sewerage system, and

(b)any sewers or drains of the sewerage undertaker which are used for the purpose of serving premises as mentioned in paragraph (a) are to be treated as being part of the undertaker's sewerage system (if they would not otherwise be part of it).

(6)In this section and sections 117B to 117D—

(a)references to the sewerage system of a sewerage undertaker are to be construed in accordance with section 17BA(7);

(b)references to the retail authorisation of a sewerage licensee are to be construed in accordance with Schedule 2B.

117BMatter dealt with by sewerage undertaker

(1)This section applies where a sewerage licensee with a retail authorisation (“L”) requests a sewerage undertaker to deal effectually with certain quantities of matter in its sewerage system in circumstances where—

(a)sewerage services are to be provided in accordance with L's retail authorisation in respect of particular premises in the area of the undertaker, and

(b)the quantities to be dealt with are to be determined by reference to the extent of sewerage services provided in respect of those premises.

(2)Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—

(a)take such steps in respect of the undertaker's sewerage system as may be provided for in that agreement in order to enable the use of that system for the purpose in subsection (1), and

(b)having taken those steps, deal with matter as requested.

(3)Where—

(a)a request has been made by a sewerage licensee for the purposes of subsection (1), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.

117CRemoval of matter from sewerage system by a sewerage licensee

(1)This section applies where a sewerage licensee with a wholesale authorisation (“L”) requests a sewerage undertaker to permit L to remove certain quantities of matter from the undertaker's sewerage system in circumstances where—

(a)sewerage services are to be provided in accordance with a retail authorisation (whether L's or another's) in respect of particular premises in the area of the undertaker, and

(b)the quantities to be removed are to be determined by reference to the extent of sewerage services provided in respect of those premises.

(2)Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—

(a)take such steps, including steps in respect of the undertaker's sewerage system, as may be provided for in that agreement in order to enable L to remove matter from the undertaker's sewerage system as requested, and

(b)having taken those steps, permit that requested removal of matter from that sewerage system.

(3)Where—

(a)a request has been made by a sewerage licensee for the purposes of subsection (1), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.

(4)A pipe connecting a sewerage undertaker's sewerage system to a sewage disposal works that is laid because of subsection (2)(a) is to be regarded as a disposal main for the purposes of this Act, subject to any provision to the contrary.

(5)In this section, a reference to a wholesale authorisation is to be construed in accordance with Schedule 2B.

117DConnections for the purposes of a disposal authorisation

(1)This section applies where a sewerage licensee with a disposal authorisation (“L”) requests a sewerage undertaker to permit L to remove matter from the undertaker's sewerage system.

(2)Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—

(a)take such steps, including steps in respect of the undertaker's sewerage system, as may be provided for in that agreement in order to enable L to remove matter from the undertaker's sewerage system as requested, and

(b)having taken those steps, permit that requested removal of matter from that sewerage system.

(3)Where—

(a)a request has been made by a sewerage licensee for the purposes of subsection (1), and

(b)the steps which the undertaker is required to take by virtue of that request 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 failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.

(4)A pipe connecting a sewerage undertaker's sewerage system to a sewage disposal works that is laid because of subsection (2)(a) is to be regarded as a disposal main for the purposes of this Act, subject to any provision to the contrary.

(5)In this section, a reference to a disposal authorisation is to be construed in accordance with Schedule 2B.

117EAgreements as to duties under sections 117A to 117D

(1)On the application of—

(a)a sewerage licensee that has made a request under sections 117A to 117D, or

(b)a sewerage undertaker to which such a request has been made,

the Authority may by order require a sewerage undertaker to perform the duty in question under sections 117A to 117D, for such period and on such terms and conditions as may be specified in the order.

(2)The Authority may make an order under subsection (1) only if—

(a)it appears to the Authority that the sewerage undertaker is required to perform the duty in question, and

(b)it is satisfied that the parties cannot reach agreement within a reasonable time.

(3)An order under subsection (1) has effect as an agreement between—

(a)the sewerage licensee, and

(b)the sewerage undertaker required to perform the duty in question.

(4)On the application of a party to a section 117E agreement, the Authority may, if it is satisfied that the parties cannot reach agreement on the variation or termination of the agreement, by order vary or terminate the agreement.

(5)If an order under subsection (4) is made in relation to a section 117E agreement, the agreement—

(a)has effect subject to the provision made by the order, or

(b)ceases to have effect, as the case may be.

(6)An order under subsection (4) may require one party to the agreement to pay compensation to the other.

(7)Neither the CMA nor the Authority may exercise, in respect of an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, the powers conferred by—

(a)section 32 of the Competition Act 1998 (directions in relation to agreements);

(b)section 35(2) of that Act (interim directions).

(8)Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—

(a)which is connected with an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, and

(b)in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.

(9)In this Chapter a reference to a section 117E agreement is a reference to—

(a)an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, or

(b)an order deemed to be such an agreement under subsection (3), or

(c)an agreement varied by order under subsection (4).

117FCodes in respect of section 117E agreements

(1)The Authority may issue one or more codes in respect of section 117E agreements.

(2)A code may make provision about—

(a)procedures in connection with making a section 117E agreement;

(b)procedures in connection with varying or terminating a section 117E agreement;

(c)the terms and conditions of a section 117E agreement, including terms as to the duration of such an agreement;

(d)principles for determining the terms and conditions that should or should not be incorporated into a section 117E agreement.

(3)A code may make provision about the steps to be taken by the Authority in determining for the purposes of section 117E(2) whether a sewerage undertaker is, in the particular case, required to perform a duty under sections 117A to 117D.

(4)If the Authority considers that a sewerage undertaker or a sewerage licensee is not acting as required by a code, the Authority may give the undertaker or the licensee a direction to do, or not to do, a thing specified in the direction.

(5)The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.

(6)It is the duty of a sewerage undertaker or a sewerage licensee to comply with a direction under subsection (4), and this duty is enforceable by the Authority under section 18.

(7)A code may make—

(a)different provision for different persons or descriptions of person;

(b)different provision for different duties under sections 117A to 117D.

(8)The Authority may from time to time revise a code issued under this section and issue a revised code.

(9)A revised code may include provision for applying any of its revisions to section 117E agreements made before the revised code comes into effect.

117GCodes under section 117F: procedure

(1)Before issuing a code under section 117F, the Authority must—

(a)prepare a draft of the proposed code under section 117F, and

(b)consult persons in accordance with subsections (2) and (3).

(2)The relevant persons are—

(a)the Secretary of State;

(b)the appropriate agency;

(c)the Council;

(d)any sewerage undertakers likely to be affected by the proposed code;

(e)any sewerage licensees likely to be affected by the proposed code;

(f)such other persons as the Authority thinks appropriate.

(3)The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.

(4)Before a code under section 117F prepared by the Authority is issued for the first time, the Secretary of State may direct the Authority—

(a)not to issue the code, or

(b)to issue the code with specified modifications.

(5)A direction under subsection (4) must be given within the period of 28 days beginning with the day after the end of the consultation period, and a code in relation to which a direction may be given may not be issued before that period of 28 days has expired.

(6)In this section “the appropriate agency” means—

(a)the Environment Agency, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in England;

(b)both the Environment Agency and the NRBW, in relation to section 117E agreements made with sewerage undertakers whose areas are partly in England and partly in Wales.

(7)This section is subject to section 117H.

117HCodes under section 117F: minor or urgent revisions

(1)This section applies if the Authority proposes to issue a revised code under section 117F and, in the view of the Authority, the revision or each of the revisions proposed to be made is—

(a)a revision for which consultation is unnecessary, or

(b)a revision that it is necessary or desirable to make without delay.

(2)Section 117G does not apply to the proposed revised code.

(3)Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—

(a)the issuing of the revised code, and

(b)as regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

(4)Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.

(5)Unless the Authority gives notice that a revision in a revised code is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised code is issued.

117IRules about charges

(1)The Authority must issue rules about charges that may be imposed by sewerage undertakers under a section 117E agreement.

(2)The rules may in particular make provision about—

(a)the types of charges that may be imposed;

(b)the amount or the maximum amount, or methods for determining the amount or maximum amount, of any type of charge;

(c)principles for determining what types of charges may or may not be imposed;

(d)principles for determining the amount of any charge that may be imposed;

(e)publication of the charges that may be imposed.

(3)The rules must include provision for and in connection with requiring a sewerage undertaker to impose on a sewerage licensee only such charges as would enable the licensee, where the services it provides to a person under its retail authorisation are services to which a section 142(2)(b) agreement would apply if the undertaker had continued to provide the services, to charge for those services at the same rate or rates as would have applied if the section 142(2)(b) agreement had applied.

(4)In subsection (3) “section 142(2)(b) agreement” means an agreement to which section 142(2)(b) applies.

(5)If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may—

(a)give the undertaker a direction to do, or not to do, a thing specified in the direction, or

(b)in a case where a section 117E agreement to which the undertaker is party requires modification in order to conform to the rules, give a direction to the undertaker and the sewerage licensee in question to modify the agreement.

(6)It is the duty of a sewerage undertaker or a sewerage licensee to comply with a direction under subsection (5), and this duty is enforceable by the Authority under section 18.

(7)The rules may—

(a)make different provision for different persons or descriptions of person;

(b)make different provision for different purposes;

(c)make provision subject to exceptions.

(8)The Authority may from time to time revise rules issued under this section and issue revised rules.

(9)The Authority must issue revised rules if—

(a)guidance is issued under section 117M, and

(b)the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.

(10)Revised rules may include provision for applying any of the revisions to section 117E agreements made before the revised rules come into effect.

117JRules about charges: provision about the reduction of charges

(1)Rules under section 117I may provide for the reduction of charges payable under a section 117E agreement where—

(a)a sewerage licensee that has a retail authorisation is party to the section 117E agreement, and

(b)other conditions specified by the rules are satisfied.

(2)Rules made by virtue of subsection (1) may in particular—

(a)specify conditions relating to any party to the section 117E agreement;

(b)specify conditions about persons taking steps for the purpose of reducing or managing demand for sewerage services;

(c)specify conditions about the premises by reference to which such steps are to be taken;

(d)specify conditions about reducing charges payable by a person who—

(i)is not party to the section 117E agreement, and

(ii)takes or proposes to take such steps as satisfy or would satisfy a condition specified under paragraph (b).

(3)The rules may provide that, where a charge falls to be reduced in accordance with rules made by virtue of subsection (1), the sewerage undertaker to which the charges are payable must give notice of that reduction to the Authority.

(4)Rules made by virtue of subsection (3) may—

(a)make provision as to the content of the notice;

(b)specify the period within which an undertaker is to give notice to the Authority.

(5)Provision under subsection (4)(a) may in particular require the notice to specify—

(a)the amount of the charge, with and without the reduction;

(b)the period for which the reduction has effect.

117KRules under section 117I: procedure

(1)Before issuing rules under section 117I, the Authority must—

(a)prepare a draft of the proposed rules, and

(b)consult the relevant persons about the draft.

(2)The relevant persons are—

(a)the Secretary of State;

(b)the appropriate agency;

(c)the Council;

(d)any sewerage undertakers likely to be affected by the proposed rules;

(e)any sewerage licensees likely to be affected by the proposed rules;

(f)such other persons as the Authority thinks appropriate.

(3)The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.

(4)The Authority must have regard to guidance issued under section 117M in making rules under section 117I.

(5)Before rules under section 117I prepared by the Authority are issued, the Secretary of State may direct the Authority not to issue the rules.

(6)A direction under subsection (5) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules may not be issued before that period of 28 days has expired.

(7)In this section “the appropriate agency” means—

(a)the Environment Agency, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in England;

(b)both the Environment Agency and the NRBW, in relation to section 117E agreements made with sewerage undertakers whose areas are partly in England and partly in Wales.

(8)This section is subject to section 117L.

117LRules under section 117I: minor or urgent revisions

(1)This section applies if the Authority proposes to issue revised rules under section 117I and, in the view of the Authority, the revision or each of the revisions proposed to be made is—

(a)a revision for which consultation is unnecessary, or

(b)a revision that it is necessary or desirable to make without delay.

(2)Section 117K does not apply to the proposed revised rules.

(3)Before issuing the revised rules, the Authority must give notice to the Secretary of State of its intention to issue revised rules.

(4)Before the revised rules are issued, the Secretary of State may direct the Authority not to issue the revised rules.

(5)A direction under subsection (4) must be given within the period of 14 days beginning with the day after the day on which notice is given under subsection (3), and the Authority may not issue the revised rules in question before—

(a)that period of 14 days expires, or

(b)the Secretary of State notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,

whichever is the sooner.

(6)Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—

(a)the issuing of the revised rules, and

(b)as regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.

(8)Unless the Authority gives notice that a revision in revised rules is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised rules are issued.

117MRules under section 117I: guidance

(1)The Minister may issue guidance as to the content of rules under section 117I.

(2)Before issuing the guidance, the Minister must—

(a)prepare a draft of the proposed guidance;

(b)consult the relevant persons about the draft.

(3)The relevant persons are such persons as the Minister thinks appropriate.

(4)The Minister may from time to time revise the guidance and issue revised guidance.

(5)Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.

(6)The Minister must arrange for the publication of guidance issued under this section.

(7)In this section “the Minister” means the Secretary of State.

117NDesignation of strategic sewerage provision

(1)Subsection (2) applies if at any time the Authority determines that the removal of matter from a sewerage undertaker's sewerage system that the undertaker is required to permit under section 117C or 117D in accordance with a section 117E agreement constitutes strategic sewerage provision.

(2)The Authority must designate the removal of matter as strategic sewerage provision.

(3)Subsection (4) applies if—

(a)a sewerage undertaker requests the Authority to make a determination that a particular removal of matter constitutes strategic sewerage provision for the purposes of subsection (1), or

(b)the Authority otherwise proposes to make a determination that a particular removal of matter constitutes strategic sewerage provision for the purposes of subsection (1).

(4)The Authority must give notice of the request or proposed determination to—

(a)the Secretary of State;

(b)the appropriate agency;

(c)the other party or parties, or the parties, to the section 117E agreement; and

(d)such other persons (if any) as the Authority thinks it appropriate to notify.

(5)A notice under subsection (4) must specify the time within which representations or objections with respect to the request or proposed determination may be made.

The time specified may not be less than 28 days from the date on which the notice was given.

(6)The Authority must consider any representations or objections which are duly made and not withdrawn.

(7)If the Authority determines that a particular removal of matter designated under this section as strategic sewerage provision no longer constitutes such provision, it must cancel its designation.

(8)If the Authority proposes to make a determination under subsection (7) that a particular removal of matter no longer constitutes strategic sewerage provision, it must give notice of the proposed determination to—

(a)the Secretary of State;

(b)the appropriate agency; and

(c)the parties to the section 117E agreements in question.

(9)Subsection (5) applies to a notice under subsection (8) as it applies to a notice under subsection (4), and subsection (6) applies accordingly.

(10)For the purposes of this section, a removal of matter from a sewerage system is strategic sewerage provision if, without that removal of matter, there is a substantial risk that the sewerage undertaker would be unable—

(a)to maintain its services to its own customers, and

(b)to fulfil its obligations under section 117B to deal with matter in its sewerage system.

(11)In this section and section 117O “the appropriate agency”, in relation to a determination in respect of the removal of matter from a sewerage undertaker's system, means—

(a)the Environment Agency, in a case where the undertaker's area is wholly in England;

(b)both the Environment Agency and the NRBW, in a case where the undertaker's area is partly in England and partly in Wales.

117ODesignation of collective strategic sewerage provision

(1)Subsection (2) applies if at any time the Authority determines that two or more cases of the removal of matter from a sewerage system—

(a)each of which is a removal by a sewerage licensee, and

(b)each of which is a removal that a sewerage undertaker is required to permit under section 117C or 117D in accordance with a section 117E agreement,

constitute collective strategic sewerage provision.

(2)The Authority must designate the cases of the removal of matter as collective strategic sewerage provision.

(3)Subsection (4) applies if—

(a)a sewerage undertaker requests the Authority to make a determination that two or more cases of the removal of matter from a sewerage system constitute collective strategic sewerage provision for the purposes of subsection (1), or

(b)the Authority otherwise proposes to make a determination that two or more cases of the removal of matter from a sewerage system constitute collective strategic sewerage provision for the purposes of subsection (1).

(4)The Authority must give notice of the request or proposed determination to—

(a)the Secretary of State;

(b)the appropriate agency;

(c)the other party or parties, or the parties, to the section 117E agreements in question; and

(d)such other persons (if any) as the Authority thinks it appropriate to notify.

(5)A notice under subsection (4) must specify the time within which representations or objections with respect to the request or proposed determination may be made.

The time specified may not be less than 28 days from the date on which the notice was given.

(6)The Authority must consider any representations or objections which are duly made and not withdrawn.

(7)If the Authority determines that the cases of the removal of matter from a sewerage system designated under this section as collective strategic sewerage provision no longer constitute such provision, it must cancel their designation.

(8)If the Authority proposes to make a determination under subsection (7) that the cases of the removal of matter from a sewerage system no longer constitute collective strategic sewerage provision, it must give notice of the proposed determination to—

(a)the Secretary of State;

(b)the appropriate agency; and

(c)the parties to the section 117E agreements in question.

(9)Subsection (5) applies to a notice under subsection (8) as it applies to a notice under subsection (4), and subsection (6) applies accordingly.

(10)For the purposes of this section, two or more cases of the removal of matter from a sewerage system are collective strategic sewerage provision if, without those cases of the removal of matter, there is a substantial risk that the sewerage undertaker would be unable—

(a)to maintain its services to its own customers, and

(b)to fulfil its obligations under section 117B to deal with matter in its sewerage system.

OffencesE+W
117PProhibition on unauthorised use of sewerage system

(1)No person may use the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the purpose of providing sewerage services to premises of—

(a)a customer,

(b)the person so using that system, or

(c)a person associated with that person.

(2)Subsection (1) is subject to subsections (3) and (4) and section 117R.

(3)Subsection (1) does not apply where that use of the system is made by—

(a)the sewerage undertaker, or

(b)a sewerage licensee in pursuance of its sewerage licence.

(4)The Secretary of State may by regulations specify further circumstances in which subsection (1) does not apply.

(5)A person who contravenes subsection (1) is guilty of an offence.

(6)An undertaking entered into which involves a contravention of subsection (1) is unenforceable.

(7)A person guilty of an offence under this section is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(8)Proceedings for an offence under this section may not be instituted except by—

(a)the Secretary of State, or

(b)the Authority.

(9)For the purposes of this section, a person (A) is associated with another person (B) if they would be associated with each other for the purposes of Schedule 2B if A were a sewerage licensee.

(10)In this section and sections 117Q and 117R, references to the sewerage system of a sewerage undertaker are to be construed in accordance with section 17BA(7).

117QProhibition on unauthorised removal of matter from sewerage system

(1)No person other than the undertaker may remove matter from the sewerage system of a sewerage undertaker whose area is wholly or mainly in England.

(2)Subsection (1) is subject to subsections (3) and (4) and section 117R.

(3)Subsection (1) does not apply where —

(a)matter is removed by a sewerage licensee in pursuance of its sewerage licence, or

(b)matter is removed by another sewerage undertaker under a main connection agreement (within the meaning of section 110A).

(4)The Secretary of State may by regulations specify further circumstances in which subsection (1) does not apply.

(5)An undertaking entered into which involves a contravention of subsection (1) is unenforceable.

(6)A person who contravenes subsection (1) is guilty of an offence.

(7)A person guilty of an offence under this section is liable—

(a)on summary conviction, to a fine not exceeding £20,000;

(b)on conviction on indictment, to a fine.

(8)For the purposes of section 210, the penalty on conviction on indictment of an offence under this section is to be deemed to include imprisonment for a term not exceeding two years (in addition to or instead of a fine).

(9)Proceedings for an offence under this section may not be instituted except by—

(a)the Secretary of State, or

(b)the Authority.

117RSections 117P and 117Q: exemptions

(1)The Secretary of State may by order made by statutory instrument grant exemption from section 117P(1) or 117Q(1) to—

(a)a person or persons of a class;

(b)generally or to such extent as may be specified in the order;

(c)unconditionally or subject to such conditions as may be specified in the order.

(2)Before making an order under subsection (1), the Secretary of State must give notice—

(a)stating that the Secretary of State proposes to make such an order and setting out the terms of the proposed order;

(b)stating the reasons why the Secretary of State proposes to make the order in the terms proposed; and

(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposals may be made,

and must consider any representations or objections which are duly made and not withdrawn.

(3)The notice required by subsection (2) is to be given—

(a)by serving a copy of it on the Authority, and

(b)by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.

(4)Notice of an exemption granted to a particular person is to be given—

(a)by serving a copy of the exemption on the person, and

(b)by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of other persons who may be affected by it.

(5)Notice of an exemption granted to persons of a particular class is to be given by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of—

(a)persons of that class, and

(b)other persons who may be affected by it.

(6)An exemption may be granted—

(a)indefinitely, or

(b)for a period specified in, or determined by or under, the exemption.

(7)The conditions that may be specified may, in particular, require any person carrying on any activity allowed by the exemption—

(a)to comply with any direction given by the Secretary of State or the Authority as to such matters as are specified in the exemption or are of a description so specified;

(b)except in so far as the Secretary of State or the Authority consents to the person's doing or not doing them, not to do or to do such things as are specified in the exemption or are of a description so specified;

(c)to refer for determination by the Secretary of State or the Authority such questions arising under the exemption as are specified in the exemption or are of a description so specified.

117SSection 117R: supplementary

(1)The Secretary of State may by order made by statutory instrument revoke an order by which an exemption was granted to a particular person under section 117R(1) or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—

(a)at the person's request,

(b)in accordance with any provision of the order by which the exemption was granted, or

(c)if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.

(2)The Secretary of State may by order made by statutory instrument revoke an order by which an exemption was granted to persons of a particular class under section 117R(1) or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—

(a)in accordance with any provision of the order by which the exemption was granted, or

(b)if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.

(3)The Secretary of State may by direction withdraw an exemption granted to persons of a particular class under section 117R(1) from any person of that class—

(a)at the person's request,

(b)in accordance with any provision of the order by which the exemption was granted, or

(c)if it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.

(4)Before making an order under subsection (1)(b) or (c) or (2) or giving a direction under subsection (3)(b) or (c), the Secretary of State must—

(a)consult the Authority, and

(b)give notice—

(i)stating that the Secretary of State proposes to make such an order or give such a direction,

(ii)stating the reasons why the Secretary of State proposes to make such an order or give such a direction, and

(iii)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposals may be made,

and must consider any representations or objections which are duly made and not withdrawn.

(5)The notice required by subsection (4)(b) is to be given—

(a)where the Secretary of State is proposing to make an order under subsection (1)(b) or (c), by serving a copy of it on the person to whom the exemption was granted;

(b)where the Secretary of State is proposing to make an order under subsection (2), by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of the class of persons to whom the exemption was granted;

(c)where the Secretary of State is proposing to give a direction under subsection (3)(b) or (c), by serving a copy of it on the person from whom the Secretary of State proposes to withdraw the exemption.

(6)A statutory instrument containing—

(a)an order under subsection (1) or (2), or

(b)an order under section 117R(1),

is subject to annulment in pursuance of a resolution of either House of Parliament.

Prospective

Section 5

SCHEDULE 5E+WExtension of licensing provisions in relation to Wales

1The Water Industry Act 1991 is amended as follows.

2In section 2 (general duties with respect to water industry) (as amended by Schedule 7)—

(a)in subsection (2C)—

(i)after paragraph (d) there is inserted “and”;

(ii)paragraph (f) and the “and” preceding it are repealed;

(b)subsection (2D) is repealed.

3In section 2B (strategic priorities and objectives: Wales) (as inserted by section 24 and amended by Schedule 7), in subsection (4)(d), after “water supply licensees” there is inserted “ and sewerage licensees ”.

4(1)Section 17A (water supply licences) (as substituted by section 1) is amended as follows.E+W

(2)In subsection (2)—

(a)the words from “one or more” to “combination of authorisations” are repealed;

(b)after paragraph (b) there is inserted or

(ba)a retail authorisation and a wholesale authorisation.;

(c)paragraphs (c) and (d) are repealed.

(3)In subsection (3), the words “(including their operation in England and Wales)” are repealed.

5(1)Section 17AA (water supply licences: restrictions on grants) (as substituted by section 1) is amended as follows.E+W

(2)In subsection (1), after paragraph (b) there is inserted—

(ba)the Welsh Ministers;

(bb)the Chief Inspector of Drinking Water for Wales if there is one;.

(3)Subsection (2) is repealed.

(4)In subsection (5), paragraphs (b) and (c) are repealed.

6In section 17B (guidance and interpretation) (as amended by section 2)—

(a)in subsection (4A), the words “, in the case of an undertaker whose area is wholly or mainly in England,” are repealed;

(b)subsections (5) to (8) are repealed.

7(1)Section 17BA (sewerage licences) (inserted by section 4) is amended as follows.E+W

(2)In subsection (1), the words “whose area is wholly or mainly in England” are repealed.

(3)After subsection (5) there is inserted—

(5A)Before giving a general authorisation, the Secretary of State must consult the Welsh Ministers.

8In section 17BB (sewerage licences: restrictions on grants) (inserted by section 4), in subsection (1), after “of State” there is inserted “ , the Welsh Ministers ”.

9In section 17C (meaning of household premises) (as amended by Schedule 7), in subsection (1), for “paragraphs 4 and 7(a)” there is substituted “ paragraph 4 ”.

10Section 17D (the threshold requirement) is repealed (if not previously repealed by an order under section 3).

11In section 17DA (guidance) (inserted by Schedule 7), paragraph (a) is repealed.

12In section 17E (determinations by the Authority) (as amended by Schedule 7), in subsection (2)—

(a)in paragraph (a), the words “or 7(a) or (b)” are repealed;

(b)paragraph (c) is repealed.

13(1)Section 17FA (arrangements with the Water Industry Commission for Scotland) (inserted by section 6) is amended as follows.E+W

(2)In subsection (1)(a), the words “or a restricted retail authorisation or both” are repealed.

(3)In subsection (2)(a), the words “or particular authorisations” are repealed.

14In section 17G (water supply licence conditions) (as amended by Schedule 7), in subsection (4)(a)(iii), the words “so far as subsection (3) applies to water supply licences,” are repealed.

15(1)Section 17H (standard conditions of water supply licences) (as amended by Schedule 7) is amended as follows.E+W

(2)Subsection (1A) is repealed.

(3)In subsection (2), for the words from “the different” to the end there is substituted “ whether the conditions are to relate to a retail authorisation or a wholesale authorisation or both types of authorisation. ”

(4)In subsection (3)—

(a)for “giving a particular authorisation or a particular combination of authorisations” there is substituted “ giving a retail authorisation or a wholesale authorisation or both authorisations ”;

(b)for “that particular combination of authorisations” there is substituted “ those authorisations ”.

(5)In subsection (4), for “any particular authorisation or combination of authorisations” there is substituted “ one or other or both authorisations ”.

(6)In subsection (8)(b)(i), the words from “if the” to “supplementary authorisation,” are repealed.

(7)In subsection (9), the words from “in a case” to “subsection (8)(b)(i)” are repealed.

16(1)Section 17HA (standard conditions of sewerage licences) (inserted by Schedule 7) is amended as follows.E+W

(2)In subsection (9)(b), after sub-paragraph (i) there is inserted—

(ia)on the Welsh Ministers.

(3)In subsection (10), after “of State” there is inserted “ (after consulting the Welsh Ministers) ”.

17In section 17I (modifications of water supply licences by agreement) (as amended by Schedule 7)—

(a)in subsection (4)(b)(iv), the words from the beginning to “supply licence,” are repealed;

(b)in subsection (5A), the words “in relation to a water supply licence” are repealed.

18(1)Section 17J (modification of standard conditions of water supply licences) (as amended by Schedule 7) is amended as follows.E+W

(2)In subsection (4)(b)(iv), the words from the beginning to “licence,” are repealed.

(3)In subsection (5A), the words “in relation to a water supply licence” are repealed.

(4)In subsection (10), the words “in relation to the standard conditions of water supply licences” are repealed.

19In section 17K (water supply licences: modification references to Competition Commission) (as amended by Schedule 7), in subsection (5)(b)(iv), the words from the beginning to “licences,” are repealed.

20(1)Section 17N (water supply licences: reports on modification references) (as amended by Schedule 7) is amended as follows.E+W

(2)In subsection (10)(a)(iv), the words from the beginning to “licence,” are repealed.

(3)In subsection (11)(a)(ii), the words from the beginning to “licences,” are repealed.

(4)In subsection (12), the words “, if the report relates to water supply licences,” are repealed.

21In section 17O (modification of licences following report) (as amended by Schedule 7), in subsection (5)(c)(iii), the words from the beginning to “or licences,” are repealed.

22In section 17P (water supply licences: Commission's power of veto following report) (as amended by Schedule 7), in subsection (7)(b)(v), the words from the beginning to “licences,” are repealed.

23In section 23 (meaning and effect of special administration order) (as amended by Schedule 7), in subsection (6)(a), the words “or supplementary” are repealed.

24In section 24 (special administration orders made on special petitions) (as amended by Schedule 7), in subsection (1B), the words from “in relation to” to “supplementary authorisation,” are repealed.

25In section 27C (the interests of consumers) (as amended by Schedule 7)—

(a)in subsection (1)—

(i)after paragraph (d) there is inserted “and”;

(ii)paragraph (f) and the “and” preceding it are repealed;

(b)subsection (2) is repealed.

26(1)Section 38ZA (standards of performance in connection with the supply of water: water supply licensees) (inserted by section 29) is amended as follows.E+W

(2)In subsection (1), the words “or restricted retail authorisations” are repealed.

(3)In subsection (6), for the definition of “the Minister” there is substituted—

the Minister” means—

(a)the Secretary of State, in respect of the supply of water by a water supply licensee in accordance with the licensee's retail authorisation using the supply system of a water undertaker whose area is wholly or mainly in England;

(b)the Welsh Ministers, in respect of the supply of water by a water supply licensee in accordance with the licensee's retail authorisation using the supply system of a water undertaker whose area is wholly or mainly in Wales;.

27In section 52 (the domestic supply duty) (as amended by Schedule 7), in subsection (4A)—

(a)after paragraph (a) there is inserted “and”;

(b)paragraph (c) and the “and” preceding it are repealed.

28In section 55 (supplies for non-domestic purposes) (as amended by Schedule 7), in subsection (1A)(b), the words from “or, in the case” to “that subsection” are repealed.

29In section 63AC(4) (as substituted by section 31), the words “ or a restricted retail authorisation ” are repealed.

30(1)Section 66A (use of water undertaker's supply system) (inserted by Schedule 2) is amended as follows.E+W

(2)Subsection (2) is repealed.

(3)In subsection (5)—

(a)in paragraph (a), the words “in the case of a request under subsection (1),” are repealed;

(b)paragraph (b) is repealed.

(4)In subsection (7)(a), the words “or (2)” are repealed.

(5)In subsection (9)(c), the words “or a restricted retail authorisation” are repealed.

31(1)Section 66AA (water supply from water undertaker) (inserted by Schedule 2) is amended as follows.E+W

(2)Subsection (2) is repealed.

(3)In subsection (3)(a), the words “or, as the case may be, subsection (2)” are repealed.

(4)In subsection (5)—

(a)in paragraph (a), the words “or, as the case may be, R” are repealed;

(b)in paragraph (b), the words “or, as the case may be, R” are repealed.

(5)In subsection (7)(a), the words “or (2)” are repealed.

32(1)Section 66B (introduction of water into water undertaker's supply system) (inserted by Schedule 2) is amended as follows.E+W

(2)Subsections (2) and (3) are repealed.

(3)In subsection (4)—

(a)in paragraph (a), the words “in a case falling within subsection (1),” are repealed;

(b)paragraphs (b) and (c) are repealed;

(c)in paragraph (d), for “steps under paragraphs (a), (b) or (c) (as the case may be)” there is substituted “ such steps ”.

(4)In subsection (6)(a), the words “, (2) or (3)” are repealed.

(5)Subsections (7) and (8) are repealed.

(6)In subsection (9), the words “or (b)(i) or (ii)” are repealed.

(7)Subsection (10)(b) is repealed.

33(1)Section 66C (introduction of water provided by secondary undertaker) (inserted by Schedule 2) is amended as follows.E+W

(2)In subsection (1), the words from “A request under paragraph (a)” to the end are repealed.

(3)Subsections (2) to (4) are repealed.

(4)In subsection (5), the words “by virtue of subsection (1), (2) or (4)” are repealed.

(5)In subsection (6)(a), the words “, L2, L3 or R” are repealed.

(6)In subsection (7), the words “, L2 or R” are repealed.

(7)In subsection (9)(a), the words “, (2), (3) or (4)” are repealed.

(8)In subsection (11), the words “, (2), (3) or (4)” are repealed.

34In section 66E (rules about charges) (inserted by Schedule 2), in subsection (3), the words “or restricted retail authorisation” are repealed.

35In section 66EA (rules about charges: provision about reduction in charges) (inserted by Schedule 2), in subsection (1)(a), the words “or a restricted retail authorisation” are repealed.

36In section 66G (designation of strategic supply) (as amended by Schedule 2), in subsection (11), paragraph (b) and the “or” preceding it are repealed.

37In section 66H (designation of collective strategic supply) (as amended by Schedule 2), in subsection (11), paragraph (b) and the “or” preceding it are repealed.

38(1)Section 68 (duties of water undertakers and licensed water suppliers with respect to water quality) (as amended by Schedule 7) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraph (a), the words “or restricted retail authorisation” are repealed;

(b)in paragraph (b), the words “or restricted retail authorisation” are repealed.

(3)In subsection (6), the words “or a restricted retail authorisation” are repealed.

39(1)Section 95ZA (standards of performance in connection with provision of sewerage services: sewerage licensees) (inserted by section 30) is amended as follows.E+W

(2)In the following places—

(a)the opening words of subsection (1),

(b)subsection (1)(b)(i), and

(c)subsection (2),

for “Secretary of State” there is substituted “ Minister ”.

(3)In subsection (2), for “Secretary of State's” there is substituted “Minister's”.

(4)After subsection (5) there is inserted—

(6)In this section—

  • the Minister” means—

    (a)

    the Secretary of State, in respect of the provision of services by a sewerage licensee in accordance with the licensee's retail authorisation using the sewerage system of a sewerage undertaker whose area is wholly or mainly in England;

    (b)

    the Welsh Ministers, in respect of the provision of services by a sewerage licensee in accordance with the licensee's retail authorisation using the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales;

  • prescribed” means prescribed by regulations made by the Minister.

40In section 96ZA (procedure for regulations under section 95ZA) (inserted by section 30), for subsection (2) there is substituted—

(2)In the application of section 96 by virtue of subsection (1)—

(a)a reference to a sewerage undertaker is to be treated as a reference to a sewerage licensee, and

(b)a reference to the Secretary of State is to be treated as a reference to the Minister (as defined in section 95ZA(6)).

(3)Regulations under section 95ZA are to be made by statutory instrument.

(4)A statutory instrument containing regulations under section 95ZA is subject to annulment in pursuance of a resolution of—

(a)either House of Parliament, in the case of regulations made by the Secretary of State;

(b)the Assembly, in the case of regulations made by the Welsh Ministers.

(5)Section 213(2) to (2B) applies to regulations made by the Welsh Ministers under section 95ZA as it applies to regulations made by the Secretary of State.

41(1)Section 117G (codes under section 117F: procedure) (inserted by Schedule 4) is amended as follows.E+W

(2)In subsection (2), after paragraph (a) there is inserted—

(aa)the Welsh Ministers;.

(3)For subsection (4) there is substituted—

(4)Before a code under section 117F prepared by the Authority is issued, the Minister may direct the Authority—

(a)not to issue the code, or

(b)to issue the code with specified modifications.

(4A)Subsection (4) is subject to subsections (4C) and (4D).

(4B)In subsection (4) “the Minister” means—

(a)the Secretary of State, so far as a code prepared by the Authority relates to section 117E agreements made with sewerage undertakers whose areas are wholly or mainly in England;

(b)the Welsh Ministers, so far as a code prepared by the Authority relates to section 117E agreements made with sewerage undertakers whose areas are wholly or mainly in Wales.

(4C)The power under subsection (4) may not be exercised more than once by the Secretary of State or the Welsh Ministers.

(4D)If the power under subsection (4) is not exercised by the Secretary of State or the Welsh Ministers on the first occasion on which it may be exercised by the Secretary of State or (as the case may be) the Welsh Ministers, it may not be exercised by the Secretary of State or (as the case may be) the Welsh Ministers on a later occasion.

(4)In subsection (6), after paragraph (a) there is inserted—

(aa)the NRBW, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in Wales;.

(5)The power to give a direction under section 117G(4) of the Water Industry Act 1991 (as substituted by this paragraph) may not be exercised by the Secretary of State if, before the coming into force of this paragraph—

(a)the Secretary of State exercised the power to give a direction under section 117G(4) of the Water Industry Act 1991 (inserted by Schedule 4), or

(b)the Secretary of State omitted to exercise that power to give a direction.

42(1)Section 117K (rules under section 117I: procedure) (inserted by Schedule 4) is amended as follows.E+W

(2)In subsection (2), after paragraph (a) there is inserted—

(aa)the Welsh Ministers;.

(3)For subsection (5) there is substituted—

(5)Before rules under section 117I prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.

(5A)In subsection (5) “the Minister” means—

(a)the Secretary of State, so far as rules prepared by the Authority relate to section 117E agreements made with sewerage undertakers whose areas are wholly or mainly in England;

(b)the Welsh Ministers, so far as rules prepared by the Authority relate to section 117E agreements made with sewerage undertakers whose areas are wholly or mainly in Wales.

(4)In subsection (7), after paragraph (a) there is inserted—

(aa)the NRBW, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in Wales;.

43(1)Section 117L (rules under section 117I: minor or urgent revisions) (inserted by Schedule 4) is amended as follows.E+W

(2)In subsections (3), (4) and (5)(b), for “the Secretary of State” there is substituted “ the Minister ”.

(3)After subsection (8) there is inserted—

(9)In this section “the Minister” has the meaning given by section 117K.

44(1)Section 117M (rules under section 117I: guidance) (inserted by Schedule 4) is amended as follows.E+W

(2)In subsection (3), for the words from “are such” to the end there is substituted are—

(a)the Secretary of State;

(b)the Welsh Ministers;

(c)such other persons as the Minister thinks appropriate.

(3)In subsection (7), for “means the Secretary of State.” there is substituted means—

(a)the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England;

(b)the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.

45(1)Section 117N (designation of strategic sewerage provision) (inserted by Schedule 4) is amended as follows.E+W

(2)In subsection (4), after paragraph (a) there is inserted—

(aa)the Welsh Ministers;.

(3)In subsection (8), after paragraph (a) there is inserted—

(aa)the Welsh Ministers;.

(4)In subsection (11), after paragraph (a) there is inserted—

(aa)the NRBW, in a case where the undertaker's area is wholly in Wales;.

46(1)Section 117O (designation of collective strategic sewerage provision) (inserted by Schedule 4) is amended as follows.E+W

(2)In subsection (4), after paragraph (a) there is inserted—

(aa)the Welsh Ministers;.

(3)In subsection (8), after paragraph (a) there is inserted—

(aa)the Welsh Ministers;.

47In section 117P (prohibition on unauthorised use of sewerage system) (inserted by Schedule 4), in subsection (1), the words “whose area is wholly or mainly in England” are repealed.

48In section 117Q (prohibition on unauthorised removal of matter from sewerage system) (inserted by Schedule 4), in subsection (1), the words “whose area is wholly or mainly in England” are repealed.

49In section 117S (section 117R: supplementary) (inserted by Schedule 4), at the end there is inserted—

(7)The power to—

(a)make an order under subsection (1) or (2) or section 117R(1), or

(b)give a direction under subsection (3),

is exercisable by the Welsh Ministers (and not by the Secretary of State) in relation to any supply system of a sewerage undertaker whose area is wholly or mainly in Wales.

(8)Accordingly, subsections (1) to (5) and section 117R apply in relation to an order made or a direction given by the Welsh Ministers by virtue of subsection (7) as they apply in relation to an order made or direction given by the Secretary of State.

(9)A statutory instrument containing an order made by the Welsh Ministers by virtue of subsection (7) is subject to annulment in pursuance of a resolution of the Assembly.

50In section 158 (powers to lay pipes in streets), in subsection (7)(a), the following words are repealed—

(a)“or (b)(i)”;

(b)“or laid in pursuance of section 66B(4)(b)(ii)”.

51In section 195(3AA) (the Authority's register: consultation as regards water supply licensees) (as amended by Schedule 7), after “water supply licensee” there is inserted “ or a sewerage licensee ”.

52In section 207D (exercise of adjudication functions by other persons) (inserted by section 39), in subsection (5), in paragraph (b) of the definition of “the Minister”—

(a)the “or” following sub-paragraph (i) is repealed;

(b)after sub-paragraph (ii) there is inserted , or

(iii)in relation to a sewerage licensee using the sewerage system of such an undertaker (see section 17BA);.

53In section 213 (powers to make regulations), subsection (1ZA) (inserted by Schedule 7) is repealed (if not previously repealed by an order under section 3).

54(1)Schedule 2A (water supply licences: authorisations) (inserted by Schedule 1) is amended as follows.E+W

(2)Paragraphs 1 and 2 are repealed.

(3)Paragraphs 6 to 8 are repealed.

(4)In paragraph 9, for “requirements in paragraphs 4 and 7 are” there is substituted “ requirement in paragraph 4 is ”.

(5)In paragraph 10, for “paragraphs 4 and 7” there is substituted “ paragraph 4 ”.

Section 37

SCHEDULE 6E+WProcedure on appeals under section 207A of the Water Industry Act 1991

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Commencement Information

I26Sch. 6 in force at 1.4.2016 by S.I. 2016/465, art. 2(l) (with Sch. 2)

SCHEDULE 16E+WPROCEDURE ON APPEALS UNDER SECTION 207A

Regulations as to procedureE+W

1The Secretary of State may by regulations make provision about the procedure applying to appeals under section 207A.

Particular provisionE+W

2Regulations under this Schedule may in particular make provision about—

(a)making an application for permission to bring an appeal;

(b)imposing conditions on the granting of permission to appeal (including conditions requiring an appeal to be considered together with other appeals, whether relating to the same revision or the same code or not);

(c)the persons who may be party to an appeal;

(d)making an application for permission to be made party to an appeal;

(e)imposing conditions on the granting of permission to become party to an appeal;

(f)enabling a member of the CMA to make decisions as to the matters referred to in paragraphs (a), (b), (d) and (e);

(g)enabling a member of the CMA to direct, pending the determination of the appeal, that the code in question—

(i)is to have effect without the revision, or

(ii)is to have effect with the revision but with modifications specified by the direction;

(h)the number of persons in a group constituted to hear an appeal;

(i)the making of a decision by the group;

(j)the participation of the Authority in the appeal (including provision as to the making of representations and observations by the Authority otherwise than in connection with the consideration of the appeal);

(k)the imposing of time limits (including provision for time limits to be waived in certain cases by a member of the CMA);

(l)orders for costs;

(m)the recovery of the CMA's costs.

Consideration and determination of appealsE+W

3(1)Regulations under this Schedule may make provision about—

(a)the consideration and determination of the appeal;

(b)giving effect to the determination.

(2)Provision under sub-paragraph (1)(a) may include in particular—

(a)provision for disregarding, when determining an appeal, matters not raised as required by the regulations;

(b)provision as to the time within which an appeal is to be determined.

EvidenceE+W

4(1)Regulations under this Schedule may make provision about—

(a)requiring the production of documents;

(b)requiring persons to attend an oral hearing;

(c)requiring persons attending an oral hearing—

(i)to give evidence at the hearing;

(ii)to make representations and observations;

(d)requiring persons—

(i)to produce a written statement;

(ii)to verify the statement by a statement of truth.

(2)No person is to be compelled under the regulations—

(a)to produce a document that the person could not be compelled to produce in civil proceedings in the High Court;

(b)to give evidence which the person could not be compelled to give in civil proceedings in the High Court;

(c)to produce a written statement with respect to a matter about which the person could not be compelled to give evidence in civil proceedings in the High Court.

(3)The regulations may provide for a notice requiring the production of documents, attendance of a person, or the production of a written statement to be issued by any member of the CMA.

5(1)Regulations under this Schedule may provide for penalties to be imposed where—

(a)a person fails without reasonable excuse to comply with a requirement imposed in accordance with regulations under paragraph 4;

(b)having been required to produce a document in accordance with paragraph 4, a person wilfully alters, suppresses or destroys the document;

(c)having been required to produce a written statement in accordance with paragraph 4, a person makes without reasonable excuse a false statement in the written statement produced;

(d)having been required by appeal rules to verify information with a statement of truth, a person provides without reasonable excuse information that is false in a material particular.

(2)The regulations may provide for conduct falling within sub-paragraph (1)(a), (c) or (d) to be punished by the High Court as if the person had been guilty of contempt.

(3)The regulations may provide that, where a body corporate may be punished for contempt of court, the High Court has power to punish for contempt of court any director or other officer of the body (instead of or as well as the body).

(4)The regulations may provide for conduct falling within sub-paragraph (1)(b) to be an offence triable either summarily or on indictment.

(5)The regulations may provide for such an offence to be punishable—

(a)on summary conviction, by a fine not exceeding the statutory maximum;

(b)on conviction on indictment, by imprisonment for a term not exceeding two years or by a fine, or by both.

Appeal rulesE+W

6(1)The CMA may make rules regulating the conduct and disposal of appeals.

(2)The rules may include provision supplementing regulations made under this Schedule; and that provision may, in particular, impose time limits or other restrictions on—

(a)the taking of evidence at an oral hearing;

(b)the making of representations or observations at such a hearing.

(3)The CMA must publish rules made under this paragraph in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them.

(4)Before making rules under this paragraph, the CMA must consult such persons as it considers appropriate.

(5)Rules under this paragraph may make different provision for different cases.

InterpretationE+W

7In this Schedule—

  • appeal” means an appeal under section 207A;

  • appeal rules” means rules under paragraph 6;

  • statement of truth” means a statement that the person producing the document believes the facts stated in the document to be true.

Section 56

SCHEDULE 7E+WFurther amendments

Water Act 1989 (c. 15)E+W

1(1)Section 174 of the Water Act 1989 (general restrictions on disclosure of information) is amended as follows.E+W

(2)In subsection (2)(b)—

(a)for “company” there is substituted “ person ”;

(b)for “on it” there is substituted “ on the undertaker or, as the case may be, the person ”.

(3)In subsection (6)(a)—

(a)for “company” there is substituted “ person ”;

(b)for “its licence” there is substituted “ the person's licence ”.

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Commencement Information

I27Sch. 7 para. 1 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(a) (with Sch. 2)

Water Industry Act 1991 (c. 56)E+W

2The Water Industry Act 1991 is amended as follows.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 7 para. 2 in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(e)(i)

I29Sch. 7 para. 2 in force at 15.7.2015 for specified purposes by S.I. 2015/1469, art. 2(f)(ii)

I30Sch. 7 para. 2 in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(f)(ii)

I31Sch. 7 para. 2 in force at 1.11.2015 for specified purposes by S.I. 2015/1469, art. 4(c)(ii)

I32Sch. 7 para. 2 in force at 18.12.2015 for specified purposes by S.I. 2015/1938, art. 2(g)(ii)

I33Sch. 7 para. 2 in force at 1.1.2016 for specified purposes by S.I. 2015/1938, art. 3(f)(viii)

I34Sch. 7 para. 2 in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(b) (with Sch. 2)

I35Sch. 7 para. 2 in force at 1.9.2016 for specified purposes by S.I. 2016/465, art. 3(g)(ii) (with Sch. 2)

I36Sch. 7 para. 2 in force at 1.11.2016 for specified purposes by S.I. 2016/1007, art. 2(h)(i)

I37Sch. 7 para. 2 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(i)

I38Sch. 7 para. 2 in force at 1.10.2017 for specified purposes by S.I. 2017/462, art. 4(d)(i)

I39Sch. 7 para. 2 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(i) (as amended by S.I. 2017/926, art. 2(3))

3(1)Section 2 (general duties with respect to water industry) is amended as follows.E+W

(2)In subsection (1), for the words from “the following” to the end there is substituted “ the powers and duties conferred or imposed on the Secretary of State or the Authority by virtue of any of the relevant provisions. ”

(3)In subsection (2A)(d), for “of a licensed water supplier” there is substituted “ of a water supply licensee or sewerage licensee ”.

(4)In subsection (2C)—

(a)the “and” after paragraph (d) is repealed;

(b)in paragraph (e), for the words from “not eligible” to the end there is substituted “ household premises (as defined in section 17C) ”;

(c)after paragraph (e) there is inserted ; and

(f)customers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are below the consumption threshold and in the area of a relevant undertaker whose area is wholly or mainly in Wales,.

(5)In subsection (2D), for the words from “not eligible” to “the total quantity” there is substituted “ below the consumption threshold if the total quantity ”.

(6)In subsection (2DB) (inserted by section 22), in paragraph (b) (meaning of sewerage systems), for the words from “a reference to the system comprising” to the end there is substituted “ to be construed in accordance with section 17BA(7). ”

(7)In subsection (5A), in the definition of “the interests of consumers”—

(a)in paragraph (a), for “licensed water suppliers” there is substituted “ water supply licensees ”;

(b)in paragraph (b), for “by sewerage undertakers” there is substituted “ either by sewerage undertakers or by sewerage licensees acting in their capacity as such ”.

(8)In subsection (6)—

(a)in paragraph (a), for the words from “the provisions of” to “water suppliers” there is substituted “ the relevant provisions ”;

(b)in paragraph (a), for the words from “contained in” to the end, there is substituted contained in—

(i)Part 2 of this Act (except section 27A and Schedule 3A),

(ii)any of sections 37A to 38, 38ZA, 39, 39ZA, 39B to 39D, 40E to 40J, 42, 51CD to 51CG, 63AC to 63AF, 66B, 66CA to 66H, 66K, 66L, 66O(2), 95, 95ZA, 96, 96ZA, 99, 105ZF to 105ZI, 110F to 110J, 110L to 110O, 117E to 117O, 117R, 117S, 143B to 143E, 144ZA to 144ZF, 153, 181, 182, 185, 192A, 192B, 195, 195A and 201 to 203 below, and

(iii)any of sections 42 to 54 of the Water Act 2014.;

(c)paragraphs (b) and (c) are repealed.

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Commencement Information

I40Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 15.7.2015 for specified purposes by S.I. 2015/1469, art. 2(f)(ii)

I41Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(f)(ii)

I42Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 1.11.2015 for specified purposes by S.I. 2015/1469, art. 4(c)(ii)

I43Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 18.12.2015 for specified purposes by S.I. 2015/1938, art. 2(g)(ii)

I44Sch. 7 para. 3(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(i) (with Sch. 2)

I45Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 1.9.2016 for specified purposes by S.I. 2016/465, art. 3(g)(ii) (with Sch. 2)

I46Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 1.11.2016 for specified purposes by S.I. 2016/1007, art. 2(h)(aa)(ii)

I47Sch. 7 para. 3(1)(2)(8)(a)(c) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(ii)

I48Sch. 7 para. 3(2)(8)(a)(c) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(iv) (with Sch. 2)

I49Sch. 7 para. 3(3)(6)(7) in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(ii) (with Sch. 2)

I50Sch. 7 para. 3(4)(5) in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(ii)

I51Sch. 7 para. 3(8)(b) in force at 15.7.2015 for specified purposes by S.I. 2015/1469, art. 2(f)(i)

I52Sch. 7 para. 3(8)(b) in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(f)(i)

I53Sch. 7 para. 3(8)(b) in force at 1.11.2015 for specified purposes by S.I. 2015/1469, art. 4(c)(i)

I54Sch. 7 para. 3(8)(b) in force at 18.12.2015 for specified purposes by S.I. 2015/1938, art. 2(g)(i)

I55Sch. 7 para. 3(8)(b) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(iii) (with Sch. 2)

I56Sch. 7 para. 3(8)(b) in force at 1.9.2016 for specified purposes by S.I. 2016/465, art. 3(g)(i) (with Sch. 2)

I57Sch. 7 para. 3(8)(b) in force at 1.11.2016 for specified purposes by S.I. 2016/1007, art. 2(h)(bb)(ii)

I58Sch. 7 para. 3(8)(b) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(ii)

4In section 2A (strategic priorities and objectives: England) (inserted by section 24), in subsection (4)(d), for “licensed water suppliers” there is substituted “ water supply licensees and sewerage licensees ”.

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Commencement Information

I59Sch. 7 para. 4 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(d) (with Sch. 2)

5In section 2B (strategic priorities and objectives: Wales) (inserted by section 24), in subsection (4)(d), for “licensed water suppliers” there is substituted “ water supply licensees ”.

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Commencement Information

I60Sch. 7 para. 5 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(d) (with Sch. 2)

6In section 6 (appointment of relevant undertakers), in subsection (5A), for “a licensed water supplier” there is substituted “ a water supply licensee or sewerage licensee ”.

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Commencement Information

I61Sch. 7 para. 6 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(d) (with Sch. 2)

7(1)Section 10 (transitional provision with respect to replacement appointments) is amended as follows.E+W

(2)In subsection (2), for “and (4)” there is substituted “ to (4) ”.

(3)After subsection (3) there is inserted—

(3A)To the extent that charging rules issued under section 144ZA relate to charges imposed or security required by a relevant undertaker under section 185, those rules are to apply in relation to the new undertaker as if the appointment or variation had come into force.

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Commencement Information

I62Sch. 7 para. 7 in force at 1.11.2016 by S.I. 2016/1007, art. 2(h)(iii)

8In section 12 (determinations under conditions of appointment)—

(a)in subsection (3B) (application of certain provisions to references to competition authority under section 12) for “sections 16A and 16B” there is substituted “ sections 14A and 14B ”;

(b)in subsection (3D), for “16B” there is substituted “ 14B ”.

9For the heading of Chapter 1A of Part 2 there is substituted— “ Water supply licences and sewerage licences ”.

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Commencement Information

I63Sch. 7 para. 9 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(e) (with Sch. 2)

10(1)Section 17B (provision supplementary to section 17A) is amended as follows.E+W

(2)For the title there is substituted “ Meaning of supply system ”.

(3)Subsections (1) to (4) (provision as to guidance on extent of premises) are repealed.

(4)Subsection (9) (references to a licensed water supplier) is repealed.

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Commencement Information

I64Sch. 7 para. 10(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(f) (with Sch. 2)

I65Sch. 7 para. 10(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(iii)

11In section 17C (meaning of “household premises”), in subsection (1), for “section 17A(3)(a) above” there is substituted “ paragraphs 4 and 7(a) of Schedule 2A and paragraph 2 of Schedule 2B ”.

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Commencement Information

I68Sch. 7 para. 11 in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(i)

12(1)Section 17D (the threshold requirement) is amended as follows.E+W

(2)In subsection (1) (purpose of section 17D)—

(a)for “section 17A(3)(b) above” there is substituted “ paragraph 7(b) of Schedule 2A ”;

(b)after “the supply of water to any premises” there is inserted “ in accordance with a restricted retail authorisation ”.

(3)In subsection (2) (description of the requirement), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4)In subsection (3) (guidance on making estimate)—

(a)after “guidance issued” there is inserted “ from time to time ”;

(b)for “the Secretary of State” there is substituted “ the Welsh Ministers ”.

(5)Subsection (5) (duty of Secretary of State to consult the National Assembly for Wales before issuing guidance) is repealed.

(6)Subsection (6) (application of guidance provision to threshold requirement) is repealed.

(7)In subsection (7) (regulations as to entering into an undertaking to supply water)—

(a)for “The Secretary of State” there is substituted “ The Welsh Ministers ”;

(b)for “licensed water supplier” there is substituted “ water supply licensee ”;

(c)the words “(subject to subsection (12) below)” are repealed.

(8)In subsection (8) (regulations to alter the threshold)—

(a)for “The Secretary of State” there is substituted “ The Welsh Ministers ”;

(b)the words “(subject to subsection (12) below)” are repealed.

(9)In subsection (10) (procedure), for “each House of Parliament” there is substituted “ the Assembly ”.

(10)In subsection (11) (consultation before making regulations)—

(a)for “the Secretary of State”, in the first place where those words occur, there is substituted “ the Welsh Ministers ”;

(b)for “the Secretary of State thinks” there is substituted “ the Welsh Ministers think ”.

(11)Subsections (12) and (13) (exercise of powers by Welsh Ministers) are repealed.

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Commencement Information

I69Sch. 7 para. 12(1) in force at 1.1.2016 for specified purposes by S.I. 2015/1938, art. 3(f)(iii)

I70Sch. 7 para. 12(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(g) (with Sch. 2)

I71Sch. 7 para. 12(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(iv)

I72Sch. 7 para. 12(2) in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(ii) (with art. 4)

I74Sch. 7 para. 12(4)-(11) in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(iv) (with art. 11)

13After section 17D there is inserted—

17DAGuidance

The Authority must publish guidance issued from time to time under—

(a)section 17D(3),

(b)paragraph 10 of Schedule 2A, or

(c)paragraph 4 of Schedule 2B,

in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

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Commencement Information

I75Sch. 7 para. 13 in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(iv)

14(1)Section 17E (determinations by the Authority) is amended as follows.E+W

(2)For subsection (1) there is substituted—

(1)The Authority may determine, in a case referred to it by—

(a)a water supply licensee or a potential customer of a water supply licensee, or

(b)a sewerage licensee or a potential customer of a sewerage licensee,

whether a proposed supply of water to, or proposed sewerage services for, the customer would be in accordance with what is authorised by the licensee's licence.

(3)In subsection (2)—

(a)in paragraph (a), for “section 17A(3) above” there is substituted “ paragraph 4 or 7(a) or (b) of Schedule 2A ”;

(b)after paragraph (a) there is inserted—

(aa)the extent of the premises to be served for the purposes of paragraph 2 of Schedule 2B;;

(c)in paragraph (b), after “to be supplied” there is inserted “ or served ”.

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Commencement Information

I76Sch. 7 para. 14 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(h) (with Sch. 2)

15(1)Section 17F (procedure for granting water supply licences) is amended as follows.E+W

(2)In the title, after “water supply” there is inserted “ and sewerage ”.

(3)In subsection (4)—

(a)the words “the Secretary of State or” are repealed;

(b)the words “he or”, in each place they occur, are repealed.

(4)In subsection (7)—

(a)the words “the Secretary of State or” are repealed;

(b)for paragraph (g) there is substituted—

(g)on each water supply licensee and sewerage licensee (other than the holder of the licence in question);;

(c)paragraph (h) is repealed;

(d)in paragraph (i), the words “if the licence or variation is granted by the Authority,” are repealed.

(5)In subsection (8), the words “by the Secretary of State or” are repealed.

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Commencement Information

I77Sch. 7 para. 15(1) in force at 1.1.2016 for specified purposes by S.I. 2015/1938, art. 3(f)(vi)

I78Sch. 7 para. 15(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(i) (with Sch. 2)

I80Sch. 7 para. 15(3)(4)(a)(c)(d)(5) in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(v)

16(1)Section 17G (water supply licence conditions) is amended as follows.E+W

(2)For the title there is substituted “ Licence conditions ”.

(3)In subsection (1) (conditions to be included)—

(a)for “A water supply licence” there is substituted “ A licence under this Chapter ”;

(b)in paragraph (a), the words “the Secretary of State or, as the case may be,” are repealed;

(c)in paragraph (a), the words “him or” are repealed;

(d)in paragraph (b), for “the Secretary of State” there is substituted “ the Authority ”;

(e)in paragraph (b), for “water supply licence” there is substituted “ licence under this Chapter ”.

(4)After subsection (2) there is inserted—

(2A)Conditions may be included by virtue of subsection (1)(a) in a sewerage licence whether or not they are connected with—

(a)effectual dealing with the contents of sewers, or

(b)the use of the sewerage system of a sewerage undertaker.

(5)In subsection (3) (directions and determinations), for “water supply licence” there is substituted “ licence under this Chapter ”.

(6)In subsection (4) (persons who may give directions etc), in paragraph (a)(iii), at the beginning there is inserted “so far as subsection (3) applies to water supply licences,”.

(7)In subsection (5) (duration and modification of conditions), for “water supply licence” there is substituted “ licence under this Chapter ”.

(8)In subsection (7) (payments received by Secretary of State paid into the Consolidated Fund), for “the Secretary of State” there is substituted “ the Authority ”.

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Commencement Information

I81Sch. 7 para. 16 in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(vii)

17(1)Section 17H (standard conditions of water supply licences) is amended as follows.E+W

(2)For subsections (1) to (3) there is substituted—

(1)The Secretary of State may determine the conditions that are to be the standard conditions of water supply licences granted by the Authority.

(1A)Before determining the standard conditions, the Secretary of State must consult the Welsh Ministers as regards conditions relating to a restricted retail authorisation or a supplementary authorisation.

(1B)The Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate.

(2)The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate.

(3)The power to determine standard conditions in relation to water supply licences giving a particular authorisation or a particular combination of authorisations may be exercised only before the grant of the first licence to give that authorisation or that particular combination of authorisations (but this is without prejudice to the power to modify standard conditions in accordance with the provisions of this Chapter).

(3)In subsection (4) (general provision about standard conditions), for “of either description” there is substituted “ giving any particular authorisation or combination of authorisations ”.

(4)In subsection (6) (power to exclude or modify standard conditions in a particular case)—

(a)the words “the Secretary of State or” are repealed;

(b)the words “he or” are repealed.

(5)In subsection (7) (steps before exercising power in subsection (6))—

(a)the words “the Secretary of State or” are repealed;

(b)in paragraph (a), the words “he or” are repealed;

(c)in paragraph (b), the words “he or” are repealed.

(6)In subsection (8) (publication of notice of intention to modify standard conditions)—

(a)in paragraph (a), the words “the Secretary of State or (as the case may be)” are repealed;

(b)for paragraph (b)(i) there is substituted—

(i)if the notice relates to a water supply licence giving a restricted retail authorisation or a restricted retail authorisation and a supplementary authorisation, on the Welsh Ministers;;

(c)paragraph (b)(iii) is repealed;

(d)in paragraph (b)(iv), the words “if the notice is published by the Authority,” are repealed;

(e)after paragraph (b)(iv) there is inserted—

(v)on the Water Industry Commission for Scotland.

(7)In subsection (9) (direction not to exclude or modify a standard condition), for “the Assembly” there is substituted “ the Welsh Ministers in a case where notice was served on them under subsection (8)(b)(i) ”.

(8)In subsection (10) (power under subsection (6) not to be exercised in certain circumstances)—

(a)the words “Secretary of State or the” are repealed;

(b)the words “he or” are repealed.

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Commencement Information

I82Sch. 7 para. 17 in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(vii)

18After section 17H there is inserted—

17HAStandard conditions of sewerage licences

(1)The Secretary of State may determine the conditions that are to be the standard conditions of sewerage licences granted by the Authority.

(2)The Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate.

(3)The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate.

(4)The power to determine standard conditions in relation to sewerage licences giving a particular authorisation or a particular combination of authorisations may be exercised only before the grant of the first licence to give that authorisation or that particular combination of authorisations (but this is without prejudice to the power to modify standard conditions in accordance with the provisions of this Chapter).

(5)The standard conditions for the purposes of sewerage licences giving any particular authorisation or combination of authorisations may contain provision—

(a)for any standard condition included in a licence of that description not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions;

(b)for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; and

(c)for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.

(6)Subject to subsection (7), each condition which is a standard condition is to be incorporated by reference in each sewerage licence (or in each such licence to which the standard condition applies).

(7)Subject to the following provisions of this section, the Authority may, in granting a licence, exclude or modify any of the standard conditions to such extent as the Authority considers requisite to meet the circumstances of a particular case.

(8)Before excluding any standard conditions or making any modifications under subsection (7), the Authority must give notice—

(a)stating that the Authority proposes to exclude the conditions or make the modifications and setting out the effect of so doing;

(b)stating the reasons why the Authority proposes to exclude the conditions or make the modifications; and

(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed exclusions or modifications may be made,

and the Authority must consider any representations or objections which are duly made and not withdrawn.

(9)A notice under subsection (8) must be given—

(a)by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the exclusions or modifications; and

(b)by serving a copy of the notice—

(i)on the Secretary of State;

(ii)on the Environment Agency;

(iii)on the NRBW;

(iv)on the Water Industry Commission for Scotland.

(10)If, within the time specified in the notice under subsection (8), the Secretary of State directs the Authority not to exclude or modify any standard condition, the Authority must comply with the direction.

(11)The Authority may not exclude any conditions, or make any modifications, under subsection (7) unless the Authority is of the opinion that the exclusions or modifications are such that—

(a)the licence holder would not be unduly disadvantaged in competing with other holders of sewerage licences; and

(b)no other holder of a sewerage licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being granted).

(12)The modification under subsection (7) of part of a standard condition is not to prevent any other part of the condition from continuing to be treated as a standard condition for the purposes of this Chapter.

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Commencement Information

I83Sch. 7 para. 18 in force at 1.1.2016 by S.I. 2015/1938, art. 3(f)(vii)

19(1)Section 17I (modification of licences by agreement) is amended as follows.E+W

(2)For the title there is substituted “ Modification of licences by agreement ”.

(3)In subsection (1) (power of Authority to modify licence), for the words from “conditions of” to the end there is substituted conditions of—

(a)a particular water supply licence, or

(b)a particular sewerage licence.

(4)In subsection (2)(b) (modification not to cause undue disadvantage)—

(a)in sub-paragraph (i), after “water supply licences” there is inserted “ or, as the case may be, sewerage licences ”;

(b)in sub-paragraph (ii), after “a water supply licence” there is inserted “ or, as the case may be, a sewerage licence ”.

(5)In subsection (4)(b) (persons to be served with notice of proposed modifications), in sub-paragraph (iv), at the beginning there is inserted “if the notice relates to a water supply licence,”.

(6)In subsection (5) (direction not to modify a condition), the words “(after consulting the Assembly)” are repealed.

(7)After subsection (5) there is inserted—

(5A)The Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.

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Commencement Information

I84Sch. 7 para. 19 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

20(1)Section 17J (general modification of standard conditions) is amended as follows.E+W

(2)For the title there is substituted “ Modification of standard conditions ”.

(3)In subsection (1) (power of Authority to modify standard conditions), for the words from “may modify” to the end there is substituted may modify—

(a)the standard conditions of water supply licences, or

(b)the standard conditions of sewerage licences.

(4)After subsection (1) there is inserted—

(1A)Modifications may relate to—

(a)standard conditions contained in all water supply licences or sewerage licences, or

(b)standard conditions contained in those water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations.

(5)In subsection (2) (power to make incidental and consequential modifications)—

(a)for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;

(b)for “any licence of that description” there is substituted “ any licence so affected ”.

(6)In subsection (4)(b) (persons to be served with notice of proposed modifications), in sub-paragraph (iv), at the beginning there is inserted “if the notice relates to a water supply licence,”.

(7)In subsection (5) (direction not to modify a standard condition), the words “(after consulting the Assembly)” are repealed.

(8)After subsection (5) there is inserted—

(5A)The Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.

(9)In subsection (6) (modification conditional on views of relevant licence holders), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”.

(10)In subsection (8) (preconditions for modification of standard condition), in paragraph (c), after “a water supply licence” there is inserted “ or, as the case may be, a sewerage licence ”.

(11)In subsection (10) (consultation with Welsh Ministers), after “subsection (6) above” there is inserted “ in relation to the standard conditions of water supply licences ”.

(12)In subsection (12) (changed standard conditions to be used in new licences)—

(a)for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;

(b)in paragraph (a), for “licences of that description” there is substituted “ water supply licences or, as the case may be, sewerage licences ”;

(c)after paragraph (b) there is inserted—

Where the Authority modifies the standard conditions of water supply licences or sewerage licences that grant particular authorisations or combinations of authorisations, paragraph (a) has effect only as regards licences granting the same authorisations or combinations of authorisations.

(13)In subsection (13) (meaning of “relevant licence holder”), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences or of such of those licences as grant a particular authorisation or combination of authorisations ”.

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Commencement Information

I85Sch. 7 para. 20 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

21(1)Section 17K (references to competition authority in relation to the modification of licences) is amended as follows.E+W

(2)For the title there is substituted “ Modification references to competition authority ”.

(3)In subsection (1) (reference of a particular licence), in paragraph (a)(i), for “a particular licence” there is substituted “ a particular water supply or sewerage licence ”.

(4)In subsection (2) (general matters that may be referred), in paragraph (a)(i), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations ”.

(5)In subsection (5)(b) (persons to be served with copy of reference or variation), in sub-paragraph (iv), at the beginning there is inserted “in a case relating to a water supply licence or licences,”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 7 para. 21 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

22(1)Section 17N (reports on modification references) is amended as follows.E+W

(2)For the title there is substituted “ Reports on modification references ”.

(3)In subsection (10)(a) (persons to be served with report relating to a particular licence), in sub-paragraph (iv), at the beginning there is inserted “if the report relates to a water supply licence,”.

(4)In subsection (11)(a) (persons to be served with report relating to a standard condition), in sub-paragraph (ii), at the beginning there is inserted “if the report relates to water supply licences,”.

(5)In subsection (12) (meaning of “relevant time”), in paragraph (a), after “Secretary of State and” there is inserted “ , if the report relates to water supply licences, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 7 para. 22 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

23(1)Section 17O (modification of licences following report) is amended as follows.E+W

(2)For the title there is substituted “ Modification of licences following report ”.

(3)In subsection (2) (power to make incidental and consequential modifications), for “the standard conditions of retail licences or combined licences” there is substituted

(a)the standard conditions of water supply licences or sewerage licences, or

(b)the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,.

(4)In subsection (5)(c)(iii), at the beginning there is inserted “in a case relating to a water supply licence or licences,”.

(5)In subsection (10) (changed standard conditions to be used in new licences)—

(a)for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;

(b)in paragraph (a), for “licences of that description” there is substituted “ water supply licences or, as the case may be, sewerage licences ”;

(c)after paragraph (b) there is inserted—

Where the Authority modifies the standard conditions of water supply licences or sewerage licences that grant particular authorisations or combinations of authorisations, paragraph (a) has effect only as regards licences granting the same authorisations or combinations of authorisations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 7 para. 23 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

24(1)Section 17P (competition authority's power of veto following report) is amended as follows.E+W

(2)For the title there is substituted “ Power of veto following report ”.

(3)In subsection (7)(b) (persons to be served with notice of modifications proposed), in sub-paragraph (v), at the beginning there is inserted “if the reference relates to water supply licences,”.

(4)In subsection (10) (power to make incidental and consequential modifications), for “the standard conditions of retail licences or combined licences” there is substituted

(a)the standard conditions of water supply licences or sewerage licences, or

(b)the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,.

(5)In subsection (11) (changed standard conditions to be used in new licences)—

(a)for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”;

(b)in paragraph (a), for “licences of that description” there is substituted “ water supply licences or, as the case may be, sewerage licences ”;

(c)after paragraph (b) there is inserted—

Where the Authority modifies the standard conditions of water supply licences or sewerage licences that grant particular authorisations or combinations of authorisations, paragraph (a) has effect only as regards licences granting the same authorisations or combinations of authorisations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 7 para. 24 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

25(1)Section 17R (modification of licences by order under other enactments) is amended as follows.E+W

(2)For the title there is substituted “ Modification by order under other enactments ”.

(3)In subsection (1) (power for the competition authorities and the Secretary of State to modify standard conditions in order to give effect to orders under the Enterprise Act 2002), for paragraphs (a) and (b) there is substituted—

(a)the conditions of a particular water supply or sewerage licence,

(b)the standard conditions of water supply licences or sewerage licences, or

(c)the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,.

(4)In subsection (2) (identification of orders under the Enterprise Act 2002)—

(a)in paragraph (a)(i), for “a retail licence or combined licence” there is substituted “ a water supply licence or sewerage licence ”;

(b)in paragraph (a)(ii), for “a retail licence or combined licence” there is substituted “ a water supply licence or sewerage licence ”;

(c)in paragraph (b), for “a retail licence or combined licence” there is substituted “ a water supply licence or sewerage licence ”.

(5)In subsection (4) (changed standard conditions to be included in new licences and power to make incidental and consequential modifications of existing licences)—

(a)for “subsection (1)(b)” there is substituted “ subsection (1)(b) or (c) ”;

(b)for “the standard conditions of retail licences or combined licences” there is substituted “ the standard conditions of water supply licences or sewerage licences or of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations ”.

(6)In subsection (5) (publication of modifications), for “retail licences or combined licences” there is substituted “ water supply licences or sewerage licences ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 7 para. 25 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

26(1)Section 18 (orders for securing compliance with certain provisions) is amended as follows.E+W

(2)In subsection (1)—

(a)after “Part or” there is inserted “ any person holding ”;

(b)in paragraph (a), after “that company” there is inserted “ or that person ”;

(c)in paragraph (a)(i), after “appointment or” there is inserted “the person's”;

(d)in paragraph (b), after “that company” there is inserted “ or that person ”.

(3)In subsection (1A)—

(a)in paragraph (a)(i), for “a company” there is substituted “ a person ”;

(b)in paragraph (b), for “any company” there is substituted “ any person ”;

(c)in that paragraph, for “the company” there is substituted “ the person ”.

(4)In subsection (2), after “Part or” there is inserted “ any person holding ”.

(5)In subsection (6)(a), after “Part or” there is inserted “ a person holding ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 7 para. 26 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

27In section 19 (exceptions to the duty to enforce), for “company”, in each place, there is substituted “ person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 7 para. 27 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

28In section 20 (procedure for enforcement orders), for “company to which”, in each place, there is substituted “ person to whom ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 7 para. 28 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

29(1)Section 21 (validity of enforcement orders) is amended as follows.E+W

(2)In subsection (1)—

(a)for “company to which” there is substituted “ person to whom ”;

(b)for “company”, in the second place it occurs, there is substituted “ person ”.

(3)In subsection (2), for “company” there is substituted “ person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 7 para. 29 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

30In section 22 (effect of enforcement order), in subsection (3)—

(a)for “company”, in each place, there is substituted “ person ”;

(b)for “it” there is substituted “ the person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 7 para. 30 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

31(1)Section 22A (penalties) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a)(ii), for “company” there is substituted “ person ”;

(b)in paragraph (b), in the opening words, for “company”, in both places, there is substituted “ person ”;

(c)in the closing words, for “the company” there is substituted “ that company or that person ”.

(3)In subsection (2)—

(a)in paragraph (a)(ii), for “company” there is substituted “ person ”;

(b)in paragraph (b), in the opening words, for “company”, in both places, there is substituted “ person ”;

(c)in the closing words, for “the company” there is substituted “ that company or that person ”.

(4)In subsection (4), in the opening words, for “company” there is substituted “ person ”.

(5)In subsection (6)—

(a)in the opening words, after “penalty” there is inserted “ on a person ”;

(b)in paragraph (a), for “company”, there is substituted “ person ”;

(c)in paragraph (d), for “company”, there is substituted “ person ”.

(6)In subsection (7)—

(a)for “company”, there is substituted “ person on whom the penalty has been imposed ”;

(b)the words “on it” are repealed.

(7)In subsection (8)(b), for “company”, there is substituted “ person on whom the penalty is to be or has been imposed ”.

(8)In subsection (11), for the words from “10%” to “(determined” there is substituted

(a)10% of the turnover of the company, or

(b)in a case where the person on whom the penalty is imposed is not a company, 10% of the turnover of the business of the person,

(determined.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 7 para. 31 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

32(1)Section 22C (time limits on the imposition of financial penalties) is amended as follows.E+W

(2)In subsection (1)—

(a)in the opening words, after “penalty” there is inserted “ on a person ”;

(b)in paragraph (a), for “company” there is substituted “ person ”;

(c)in paragraph (b), for “company” there is substituted “ person ”.

(3)In subsection (2), in the opening words—

(a)after the first “penalty” there is inserted “ on a person ”;

(b)for “company” there is substituted “ person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 7 para. 32 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

33(1)Section 22E (appeals) is amended as follows.E+W

(2)In subsection (1), for “company on which” there is substituted “ person on whom ”.

(3)In subsections (2)(a) and (b) (in both places) and (4)(b), for “company” there is substituted “ person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 7 para. 33 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

34In section 22F (recovery of penalties), for “company” there is substituted “ person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 7 para. 34 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2)

35(1)Section 23 (meaning and effect of special administration orders) is amended as follows.E+W

(2)In subsection (1), for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee or a qualifying sewerage licensee ”.

(3)In subsection (2A)—

(a)for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee ”;

(b)for “subsection (6)(b)” there is substituted “ subsection (7) ”.

(4)After subsection (2A) there is inserted—

(2AA)The purposes of a special administration order made in relation to a company which is a qualifying sewerage licensee must be—

(a)the transfer to another company or companies, as a going concern, of so much of the company's undertaking as it is necessary to transfer in order to secure that the activities relating to the removal or removals of matter mentioned in subsection (9) may be properly carried on, and

(b)the carrying on of those activities pending the making of the transfer.

(5)In subsection (2B)(b)—

(a)in the opening words, for “or (2A)(a)” there is substituted “ , (2A)(a) or (2AA)(a) ”;

(b)in sub-paragraph (ii), for “or (2A)(a)” there is substituted “ , (2A)(a) or (2AA)(a) ”.

(6)In subsection (2C), for “and (2A)(b)” there is substituted “ , (2A)(b) and (2AA)(b) ”.

(7)In subsection (4), for paragraph (b) there is substituted—

(b)a company carries on activities relating to—

(i)the introduction or introductions of water mentioned in subsection (7) formerly carried on by another company; or

(ii)the removal or removals of matter mentioned in subsection (9) formerly carried on by another company,.

(8)In subsection (6)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee ”;

(c)for paragraphs (a) and (b) there is substituted—

(a)it is the holder of a water supply licence giving it a wholesale or supplementary authorisation (within the meaning of Chapter 1A of this Part), and

(b)the condition in subsection (7) is satisfied in relation to it.

(9)After subsection (6) there is inserted—

(7)The condition in this subsection is that—

(a)the introduction of water by the licence holder which is permitted under section 66B or 66C is designated as a strategic supply under section 66G, or

(b)the introductions of water by the licence holder which are permitted under section 66B or 66C are designated as a collective strategic supply under section 66H.

(10)After subsection (7) (inserted by sub-paragraph (9)) there is inserted—

(8)For the purposes of this section, sections 24 to 26 and Schedule 2, a sewerage licensee is a qualifying sewerage licensee if—

(a)it is the holder of a sewerage licence giving it a wholesale or disposal authorisation (within the meaning of Chapter 1A of this Part), and

(b)the condition in subsection (9) is satisfied in relation to it.

(9)The condition in this subsection is that—

(a)the removal of matter by the licence holder which is permitted under section 117C or 117D is designated as strategic sewerage provision under section 117N, or

(b)the removals of matter by the licence holder which are permitted under section 117C or 117D are designated as collective strategic sewerage provision under section 117O.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 7 para. 35(1) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(aa)(v)

I101Sch. 7 para. 35(2) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(bb)(v)

I103Sch. 7 para. 35(7) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(dd)(v)

36(1)Section 24 (special administration orders made on special petitions) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraphs (a) and (b), the words “(after consulting the Assembly)” are repealed;

(b)in paragraph (b), before “the Authority” there is inserted “by”;

(c)in the words following paragraph (b), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or qualifying sewerage licensee ”.

(3)After subsection (1A) there is inserted—

(1B)Before presenting a petition under subsection (1A) in relation to a qualifying water supply licensee whose licence gives it a supplementary authorisation, the Secretary of State or the Authority (as the case may be) must consult the Welsh Ministers.

(4)In subsection (2)—

(a)in paragraph (bb), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee ”;

(b)after paragraph (bb) there is inserted—

(bc)in the case of a company which is a qualifying sewerage licensee, that—

(i)action taken by the company has caused a contravention by a sewerage undertaker of any principal duty; and

(ii)that action is serious enough to make it inappropriate for the company to continue to hold its licence;;

(c)in paragraph (d), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.

(5)In subsection (7)(b), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 7 para. 36 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(vi)

37In section 25 (power to make special administration order on winding-up petition) for “qualifying licensed water supplier”, in both places, there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 7 para. 37 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(vi)

38In section 26 (restrictions on voluntary winding up and insolvency proceedings), in subsection (1), for “qualifying licensed water supplier” there is substituted “ qualifying water supply licensee or a qualifying sewerage licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 7 para. 38 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(vi)

39(1)Section 27 (general duty of Authority to keep matters under review) is amended as follows.E+W

(2)In subsection (1)(b), for “licensed water suppliers” there is substituted “ water supply licensees or sewerage licensees ”.

(3)In subsection (2)—

(a)in paragraph (aa), for “companies” there is substituted “ persons ”;

(b)in paragraph (b), after “company” there is inserted “ or person ”.

(4)In subsection (4)—

(a)in paragraph (c), for the words from “retail” to “Part)” there is substituted “ the authorisations or combinations of authorisations given by licences under Chapter 1A of this Part (see sections 17A and 17BA) ”;

(b)in paragraph (d), for “company” there is substituted “ person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 7 para. 39 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

40In section 27A (establishment of the Council and committees), in subsection (13), in the definition of “the interests of consumers”—

(a)in paragraph (a), for “licensed water suppliers” there is substituted “ water supply licensees ”;

(b)in paragraph (b), for “by sewerage undertakers” there is substituted “ either by sewerage undertakers or by sewerage licensees acting in their capacity as such ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 7 para. 40 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

41(1)Section 27C (the interests of consumers) is amended as follows.E+W

(2)In subsection (1)—

(a)the “and” after paragraph (d) is repealed;

(b)in paragraph (e), for the words from “not eligible” to the end there is substituted “ household premises (as defined in section 17C) ”;

(c)after paragraph (e) there is inserted ; and

(f)customers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are below the consumption threshold and in the area of a relevant undertaker whose area is wholly or mainly in Wales,.

(3)In subsection (2), for the words from “not eligible” to “the total quantity” there is substituted “ below the consumption threshold if the total quantity ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110Sch. 7 para. 41 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

42In section 27E (provision of advice and information to public authorities), in subsection (1), for “licensed water suppliers” there is substituted “ water supply licensees, sewerage licensees ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111Sch. 7 para. 42 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

43(1)Section 27H (provision of information to the Council) is amended as follows.E+W

(2)In subsection (1)—

(a)the “or” at the end of paragraph (b) is repealed;

(b)in paragraph (c), for “a licensed water supplier” there is substituted “ a water supply licensee, or ”;

(c)after paragraph (c) there is inserted—

(d)a sewerage licensee,.

(3)In subsections (2), (3) and (4), after “body”, in each place, there is inserted “ or person ”.

(4)In subsection (4)—

(a)for “it” there is substituted “ the body or person ”;

(b)for “its” there is substituted “ the ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112Sch. 7 para. 43 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

44(1)Section 27K (sections 27H to 27J: supplementary) is amended as follows.E+W

(2)In subsection (2), for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”.

(3)In subsection (5), for “and a licensed water supplier” there is substituted “ , a water supply licensee and a sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113Sch. 7 para. 44 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

45(1)Section 29 (consumer complaints) is amended as follows.E+W

(2)In subsection (1)—

(a)for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”;

(b)for “by that licensed water supplier” there is substituted “ by that water supply licensee or that sewerage licensee ”.

(3)In subsection (5)(a), for the words from “by a licensed water supplier” to “Wales” there is substituted

(i)by a water supply licensee using the supply system of a water undertaker whose area is wholly or mainly in Wales, or

(ii)by a sewerage licensee using the supply system of a sewerage undertaker whose area is wholly or mainly in Wales.

(4)In subsections (8)(a) and (b) and (9), for “or the licensed water supplier” there is substituted “ , the water supply licensee or the sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114Sch. 7 para. 45 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

46In the heading to Chapter 1 of Part 3 (general duties of water undertakers) at the end there is inserted “etc”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 7 para. 46 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

47In section 37A (water resources management plans: preparation and review)—

(a)in subsection (3)(b), for “licensed water suppliers” there is substituted “ water supply licensees ”;

(b)in subsection (8)(d) for “licensed water supplier” there is substituted “ water supply licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I116Sch. 7 para. 47 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

48In section 37C (water resources management plans: provision of information)—

(a)for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;

(b)in the closing words to subsection (3), for “licensed water supplier's” there is substituted “water supply licensee's”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 7 para. 48 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

49In section 37D (water resources management plans: supplementary), in subsection (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 7 para. 49 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

50In section 38B (publication of statistical information about complaints)—

(a)in subsection (1), for “licensed water suppliers” there is substituted “ water supply licensees ”;

(b)in subsection (2), for “licensed water suppliers” there is substituted “ water supply licensees ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 7 para. 50 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

51(1)Section 39A (information to be given to customers about performance) is amended as follows.E+W

(2)In subsections (1) and (2A), for “licensed water suppliers”, in both places, there is substituted “ water supply licensees ”.

(3)After subsection (1) there is inserted—

(1A)Each water supply licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee's customers of—

(a)the standards of overall performance established under section 38ZA(1) which are applicable to that licensee;

(b)that licensee's level of performance as regards those standards.

(1B)The Authority may direct that the requirement in subsection (1A) is not to apply to such water supply licensees as may be specified in the direction.

(4)In subsection (2), for “any such direction” there is substituted “ a direction under subsection (1) or (1A) ”.

(5)In subsection (2B), for “section 17B(5)” there is substituted “ section 17B ”.

(6)In subsection (3), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 7 para. 51 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

52In section 39B (drought plans: preparation and review)—

(a)in subsection (4)(b), for “licensed water suppliers” there is substituted “ water supply licensees ”;

(b)in subsection (7)(d), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 7 para. 52 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

53In section 39C (drought plans: provision of information)—

(a)for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;

(b)in the closing words to subsection (3), for “licensed water supplier's” there is substituted “water supply licensee's”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 7 para. 53 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2)

54In section 42 (financial conditions for compliance with the duty in section 41), subsection (7) (terms defined in sections 43 and 43A) is repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 7 para. 54 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

55Sections 43 and 43A (calculations for the purpose of section 42) are repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 7 para. 55 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

56In section 47 (conditions of connection with water main), in subsection (1), for “sections 48 to” there is substituted “ sections 49 and ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 7 para. 56 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

57Section 48 (interest on sums provided by way of security) is repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 7 para. 57 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

58(1)Section 52 (domestic supply duty) is amended as follows.E+W

(2)In subsection (4A) (exclusion of certain premises), in paragraph (c), at the beginning, there is inserted “in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales,”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 7 para. 58 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(vii)

59In section 55 (supplies for non-domestic purposes), in subsection (1A)(b), after “17C above) or” there is inserted “ , in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 7 para. 59 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(vii)

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.

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Commencement Information

I129Sch. 7 para. 60 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(vii)

61In section 63 (general duties of undertakers with respect to disconnections), after subsection (3) there is inserted—

(3A)A water undertaker is not guilty of an offence under subsection (3) where it disconnects a service pipe or otherwise cuts off a supply of water under section 61 in the circumstances mentioned in section 61(1ZB) (request from water supply licensee).

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Commencement Information

I130Sch. 7 para. 61 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(vii)

62In the italic heading preceding section 63AA, for “licensed water supplier” there is substituted “ water supply licensee ”.

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Commencement Information

I131Sch. 7 para. 62 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(l) (with Sch. 2)

63(1)Section 63AA (supply by licensed water supplier: domestic supply duty) is amended as follows.E+W

(2)In the title, for “licensed water supplier” there is substituted “ water supply licensee ”.

(3)In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 7 para. 63 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(l) (with Sch. 2)

64(1)Section 63AB (supply by licensed water supplier: non-domestic supply) is amended as follows.E+W

(2)In the title, for “licensed water supplier” there is substituted “ water supply licensee ”.

(3)In subsection (1), in the opening words, after “above” there is inserted “ or section 63AC(2) ”.

(4)In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Sch. 7 para. 64 in force at 6.3.2017 by S.I. 2017/58, art. 2(c) (with art. 3(1))

65(1)Section 63AC (interim duty of water undertaker: domestic and non-domestic supply) is amended as follows.E+W

(2)In subsections (1)(a) and (2), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 7 para. 65 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

66In the italic heading preceding section 68, for “licensed water suppliers” there is substituted “ water supply licensees ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I135Sch. 7 para. 66 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

67(1)Section 68 (duties with respect to water quality) is amended as follows.E+W

(2)In the title, for “licensed water suppliers” there is substituted “ water supply licensees ”.

(3)In subsection (1A)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)in paragraph (a), for “its retail authorisation” there is substituted “ the licensee's retail authorisation or restricted retail authorisation ”;

(c)in paragraph (b), for “that supplier” there is substituted “ that licensee ”;

(d)in paragraph (b), for “its retail authorisation” there is substituted “ the licensee's retail authorisation or restricted retail authorisation ”;

(e)the words following paragraph (b) are repealed.

(4)In subsection (3A)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)in paragraph (b), for “the supplier” there is substituted “ the licensee ”.

(5)In subsection (3B), for “licensed water supplier” there is substituted “ water supply licensee ”.

(6)In subsection (5), for “licensed water supplier” there is substituted “ water supply licensee ”.

(7)After subsection (5) there is inserted—

(6)References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.

(7)In this section “prescribed” means—

(a)in relation to a water undertaker whose area is wholly or mainly in Wales, and

(b)in relation to a water supply licensee so far as relating to licensed activities using the supply system of such a water undertaker,

prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 7 para. 67 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

68(1)Section 69 (regulations for preserving water quality) is amended as follows.E+W

(2)In subsections (1), (2), (5)(aa), (6)(b) and (c) and (7)(a)(ii) and (b), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3)In subsections (3) and (4)(a) and (b), for “licensed water suppliers”, in each place, there is substituted “ water supply licensees ”.

(4)In subsection (5)(aa), for “that supplier” there is substituted “ that licensee ”.

(5)In subsections (5)(b) and (6)(b), for “or supplier”, in both places, there is substituted “ or licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I137Sch. 7 para. 68 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

69In section 72 (contamination of water sources), in subsection (5)(c) for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 7 para. 69 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

70In section 73 (offences of contaminating, wasting and misusing water etc), in subsection (1)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)in paragraph (b), for “supplier” there is substituted “ licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 7 para. 70 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

71(1)Section 74 (regulations for preventing contamination, waste etc and with respect to water fittings) is amended as follows.E+W

(2)In subsection (1)(b) and (d), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3)In subsection (1)(c), for “a licensed water supplier” there is substituted “ that or another water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 7 para. 71 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

72(1)Section 75 (power to prevent damage and to take steps to prevent contamination, waste etc) is amended as follows.E+W

(2)In subsection (1A), for “licensed water supplier” there is substituted “ water supply licensee ”.

(3)In subsection (11)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4)In subsection (12), for “section 17B(5)” there is substituted “ section 17B ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 7 para. 72 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2)

73In section 76 (temporary bans on use)—

(a)in subsection (1), for “by it” there is substituted “ by means of its supply system ”;

(b)after subsection (7) there is inserted—

(8)The reference in subsection (1) to the supply system of a water undertaker is to be construed in accordance with section 17B.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 7 para. 73 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(viii)

74(1)Section 78 (local authority functions in relation to undertakers' supplies) is amended as follows.E+W

(2)In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.

(3)In subsection (3), for “section 17B(5)” there is substituted “ section 17B ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 7 para. 74(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(n) (with Sch. 2)

I144Sch. 7 para. 74(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(ix)

I146Sch. 7 para. 74(3) in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(ix)

75(1)Section 86 (assessors for the enforcement of water quality) is amended as follows.E+W

(2)In subsections (2)(a)(i), (3), (4)(c)(i) and (6), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3)In subsection (4)(c)(i), for “or supplier” there is substituted “ or licensee ”.

(4)In subsection (6), for “it” there is substituted “ that person ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 7 para. 75 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

76In section 87 (fluoridation of water supplies at request of relevant authorities), in subsections (2)(b) and (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 7 para. 76 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

77In section 87C (fluoridation arrangements: compliance), in subsection (4)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 7 para. 77 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

78In section 90 (indemnities in respect of fluoridation), in subsection (2)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)for “it”, in both places, there is substituted “ the licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 7 para. 78 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

79In section 93 (interpretation of Part 3), in subsection (1), in the definition of “private supply”, for “licensed water supplier” there is substituted “ water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 7 para. 79 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

80(1)In section 93A (duty to promote the efficient use of water)—E+W

(a)in subsections (1), (2) and (3), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;

(b)in subsections (1) and (3), for “its customers” there is substituted “ that person's customers ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 7 para. 80 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

81(1)Section 93B (power of Authority to impose requirements on water undertakers) is amended as follows.E+W

(2)In subsections (1), (2), (3), (4), (5) and (6), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3)In subsection (1), for “its performance of its duty” there is substituted “ the performance of that undertaker's or licensee's duty ”.

(4)In subsections (2), (4), (5) and (6), for “or supplier”, in each place, there is substituted “ or licensee ”.

(5)In subsection (2), for “its duty” there is substituted “ the undertaker's or licensee's duty ”.

(6)In subsections (3) and (6), for “its customers”, in each place, there is substituted “ that person's customers ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 7 para. 81 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

82(1)Section 93C (publicity of requirements imposed under section 93B) is amended as follows.E+W

(2)In subsection (1)—

(a)for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)for “or supplier's” there is substituted “or licensee's”.

(3)In subsection (2)(b), for “or supplier” there is substituted “ or licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 7 para. 82 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

83(1)Section 93D (information as to compliance with requirements under section 93B) is amended as follows.E+W

(2)In subsections (1), (3) and (4), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3)In subsections (1), (2)(b) and (3), for “or supplier”, in each place, there is substituted “ or licensee ”.

(4)In subsection (3), for “or supplier's” there is substituted “or licensee's”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 7 para. 83 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

84In the heading to Chapter 1 of Part 4 (general functions of sewerage undertakers), at the end there is inserted “etc”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 7 para. 84 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2)

85In section 95B (publication of statistical information about complaints)—

(a)in subsection (1), after “undertakers” there is inserted “ or sewerage licensees ”;

(b)in subsection (2), after “undertakers” there is inserted “ or sewerage licensees ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 7 para. 85 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(x)

86(1)Section 96A (information to be given to customers about overall performance) is amended as follows.E+W

(2)In subsection (1), after “customers” there is inserted “ , and, if the direction so specifies, sewerage licensees using the undertaker's sewerage system for the purpose of providing sewerage services to the premises of customers, ”.

(3)After subsection (1) there is inserted—

(1A)Each sewerage licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee's customers of—

(a)the standards of overall performance established under section 95ZA(1) which are applicable to that licensee;

(b)that licensee's level of performance as regards those standards.

(1B)The Authority may direct that the requirement in subsection (1A) is not to apply to such sewerage licensees as may be specified in the direction.

(4)In subsection (2), for “any such direction” there is substituted “ a direction under subsection (1) or (1A) ”.

(5)After subsection (2) there is inserted—

(2A)The sewerage licensees referred to in subsection (1) shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers.

(2B)In subsection (1), the reference to the sewerage undertaker's sewerage system is to be construed in accordance with section 17BA(7).

(6)In subsection (3), after “undertaker” there is inserted “ or sewerage licensee ”.

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Commencement Information

I158Sch. 7 para. 86 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(p) (with Sch. 2)

87In section 99 (financial conditions for compliance with the duty in section 98), subsection (7) (terms defined in sections 100 and 100A) is repealed.

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Commencement Information

I159Sch. 7 para. 87 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

88Sections 100 and 100A (calculations for the purposes of section 99) are repealed.

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Commencement Information

I160Sch. 7 para. 88 in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

89In section 101B (power to provide lateral drain following provision of public sewer) (as amended by section 19)—

(a)in subsection (3), for “water” there is substituted “ sewerage ”;

(b)in subsection (4), the “or” following paragraph (a) is repealed.

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Commencement Information

I161Sch. 7 para. 89(a) in force at 1.4.2018 by S.I. 2017/462, art. 5(e)(iv)(aa) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

I162Sch. 7 para. 89(b) in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(iv)(bb) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

90In section 102 (adoption of sewers and disposal works), in subsection (4) (sewerage undertaker to give notice of proposal), after “under this section—” there is inserted—

(za)shall give notice of its proposal to any sewerage licensee which uses, or removes matter from, the undertaker's sewerage system in accordance with a retail, wholesale or disposal authorisation;.

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Commencement Information

I163Sch. 7 para. 90 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(xi)

Prospective

91In section 104 (agreements to adopt sewers, etc), subsection (9) (inserted by section 42(3) of the Flood and Water Management Act 2010) is repealed.

92In section 105 (appeals with respect to adoption)—

(a)subsection (2) is repealed;

(b)in subsection (4), paragraph (b) and the “or” preceding it are repealed;

(c)subsection (6) is repealed;

(d)in subsection (7), the words from “and for” to the end are repealed.

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Commencement Information

I164Sch. 7 para. 92 in force at 1.10.2017 for specified purposes by S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))

93In section 105C (adoption schemes: supplementary), in subsection (2), after paragraph (a) insert—

(aa)any sewerage licensee which uses, or removes matter from, the sewerage system of any such sewerage undertaker in accordance with a retail, wholesale or disposal authorisation;.

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Commencement Information

I165Sch. 7 para. 93 in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(xii)

Prospective

94In section 106B (requirement to enter into agreement before connection charges etc), after subsection (3) (no charges for vesting declaration) there is inserted—

(3A)A reference in this section to an agreement entered into under section 104 includes a reference to—

(a)an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

(b)an agreement which has been varied by order under section 105ZB(1).

95In section 107 (right of sewerage undertaker to undertake the making of communications with public sewers), after subsection (6) there is inserted—

(7)A reference in this section to an agreement under section 104 includes a reference to—

(a)an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

(b)an agreement which has been varied by order under section 105ZB(1).

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Commencement Information

I166Sch. 7 para. 95 in force at 1.10.2017 for specified purposes by S.I. 2017/462, art. 4(d)(iii) (as substituted by S.I. 2017/926, art. 2(2))

96In section 113 (power to alter drainage system of premises in an area), in subsection (3), for the words from “notice of its proposals to” to the end of the subsection there is substituted notice of its proposals to—

(a)the owner of the premises in question, and

(b)any sewerage licensee providing sewerage services to those premises.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I167Sch. 7 para. 96 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(xiii)

97In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the Water Resources Act 1991” there is inserted “ or the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I168Sch. 7 para. 97 in force at 1.1.2015 by S.I. 2014/3320, art. 2(2)(e)(ii)

98(1)Section 146 (connection charges etc) is amended as follows.E+W

(2)After subsection (3) there is inserted—

(3A)The reference in subsection (3) to an agreement under section 104 includes a reference to—

(a)an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

(b)an agreement which has been varied by order under section 105ZB(1).

(3)In subsection (4)—

(a)after “sewerage undertaker” there is inserted “ or a sewerage licensee ”;

(b)after “to the undertaker” there is inserted “ or the licensee (as the case may be) ”.

(4)In subsection (5), after “certain charges” there is inserted “ by relevant undertakers ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I169Sch. 7 para. 98(1) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(aa)(xiv)

I170Sch. 7 para. 98(1) in force at 1.10.2017 for specified purposes by S.I. 2017/462, art. 4(d)(aa)(iv) (as substituted by S.I. 2017/926, art. 2(2))

I171Sch. 7 para. 98(2) in force at 1.10.2017 for specified purposes by S.I. 2017/462, art. 4(d)(bb)(iv) (as substituted by S.I. 2017/926, art. 2(2))

I172Sch. 7 para. 98(3)(4) in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(bb)(xiv)

99In section 147 (charging for use of emergency water), in subsection (1), after “undertaker” there is inserted “ or water supply licensee ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 7 para. 99 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(q) (with Sch. 2)

100In section 148 (restriction on charging for metering works), in subsection (2)(cc), after “section 66D” there is inserted “ or 117E ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I174Sch. 7 para. 100 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(xv)

101In section 150 (fixing maximum charges for services provided with the help of undertakers' services), for subsection (1A) there is substituted—

(1A)This section does not apply to—

(a)water supplies provided by a water supply licensee, or

(b)sewerage services provided by a sewerage licensee,

to premises of customers in accordance with Chapter 1A of Part 2.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I175Sch. 7 para. 101 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2)

102In section 152 (grants for national security purposes), in subsection (1), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I176Sch. 7 para. 102 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2)

103(1)Section 154A (financial assistance to reduce charges of relevant undertakers and water supply licensees) is amended as follows.E+W

(2)In subsection (1)—

(a)the “or” following paragraph (a) is repealed;

(b)in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(c)in paragraph (b), for “its” there is substituted “the licensee's”;

(d)at the end of paragraph (b) there is inserted , or

(c)a sewerage licensee that serves premises in accordance with the licensee's retail authorisation using the sewerage system of an English undertaker.

(3)In subsection (6)—

(a)the “or” following paragraph (a) is repealed;

(b)in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(c)at the end of paragraph (b) there is inserted , or

(c)to a sewerage licensee by means of an arrangement made by the Secretary of State with an English undertaker that is a sewerage undertaker.

(4)In subsection (7)—

(a)in paragraph (a), for “a licensed water supplier” there is substituted “ a water supply licensee or a sewerage licensee ”;

(b)the “or” following paragraph (a) is repealed;

(c)in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(d)in paragraph (b), for “its” there is substituted “the licensee's”;

(e)at the end of paragraph (b) there is inserted , or

(c)a person whose premises are served by a sewerage licensee in accordance with the licensee's retail authorisation using the undertaker's sewerage system.

(5)In subsection (8)—

(a)for “of a licensed water supplier” there is substituted “ of a water supply licensee or of a sewerage licensee ”;

(b)for “section 17A(2)” there is substituted “ Schedule 2A or Schedule 2B, as the case may be, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I177Sch. 7 para. 103 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2)

Prospective

104In section 158 (powers to lay pipes in streets), in subsection (7)(a), for the words from “section 66B(3)(a)(ii) above” to “section 66B(3)(a)(iii) above” there is substituted “ section 66B(4)(a)(i) or (b)(i) which is used for the purpose of supplying water other than for domestic or food production purposes or laid in pursuance of section 66B(4)(b)(ii) ”.

105(1)Section 162 (works in connection with metering) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraph (d), for “licensed water supplier” there is substituted “ water supply licensee ”;

(b)after paragraph (d) there is inserted , or

(e)a sewerage licensee provides sewerage services in respect of those premises using the undertaker's sewerage system.

(3)In subsection (1B), for “section 17B(5)” there is substituted “ section 17B ”.

(4)After subsection (1B) there is inserted—

(1C)In subsection (1A)(e) above, the reference to the sewerage system of a sewerage undertaker shall be construed in accordance with section 17BA.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I178Sch. 7 para. 105(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(s) (with Sch. 2)

I179Sch. 7 para. 105(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(xvi)

Prospective

106In section 163 (power to fit stopcocks), in subsection (1), for “a licensed water supplier” there is substituted “ a water supply licensee ”.

107In section 164 (agreements for works with respect to water sources), in subsection (2) (notice to be given before agreeing to works entailing a discharge into a watercourse), for the words from “the NRA” to “if the watercourse” there is substituted

(a)the Environment Agency, if the proposed works will affect any watercourse in England,

(b)the NRBW, if the proposed works will affect any watercourse in Wales, and

(c)if the watercourse.

108(1)Section 174 (offences of interference with works etc) is amended as follows.E+W

(2)In subsection (1A)—

(a)in the opening words, for “the licensed water supplier” there is substituted “ the water supply licensee ”;

(b)in paragraph (a)(i)—

(i)for “any licensed water supplier” there is substituted “ any water supply licensee ”;

(ii)for “any such supplier” there is substituted “ any such licensee ”;

(c)in paragraph (a)(ii)—

(i)for “the supplier” there is substituted “ the licensee ”;

(ii)for “its licence” there is substituted “ the licensee's licence ”.

(3)In subsection (2)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4)In subsection (2A)—

(a)in paragraph (b), in the opening words, for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(b)in paragraph (b)(i), for “the supplier” there is substituted “ the licensee ”;

(c)in paragraph (b)(ii), for “the supplier”, in both places, there is substituted “ the licensee ”;

(d)in the words following paragraph (b), for “section 17B(5)” there is substituted “ section 17B ”.

(5)In subsection (3A)—

(a)in the opening words, for “the licensed water supplier” there is substituted “ the water supply licensee ”;

(b)in paragraph (a)(i), for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(c)in paragraph (a)(ii)—

(i)for “the supplier” there is substituted “ the licensee ”;

(ii)for “its licence” there is substituted “ the licensee's licence ”;

(d)in paragraph (b), for “a supplier”, in both places, there is substituted “ a licensee ”.

(6)In subsection (5A)—

(a)in paragraph (a), for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(b)in paragraph (b)—

(i)for “the supplier” there is substituted “ the licensee ”;

(ii)for “its licence” there is substituted “ the licensee's licence ”.

(7)In subsection (8A)(b)—

(a)for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(b)for “the supplier” there is substituted “ the licensee ”.

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Commencement Information

I182Sch. 7 para. 108(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(ii) (with Sch. 2)

I183Sch. 7 para. 108(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(xvii)

109(1)Section 175 (offence of tampering with meter) is amended as follows.E+W

(2)In subsection (1) (offence of tampering) for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

(3)In subsection (3) (meaning of “appropriate consent”)—

(a)for paragraph (b) there is substituted—

(b)if the meter is used by one water supply licensee, the consent of that licensee;

(ba)if the meter is used by one sewerage licensee, the consent of that licensee;;

(b)in paragraph (c), for sub-paragraph (ii) there is substituted—

(ii)a water supply licensee;

(iii)a sewerage licensee,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 7 para. 109 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2)

110In section 179 (vesting of works in undertaker), in subsection (1A) (when persons may agree to vest pipes etc in a person other than the undertaker), the words from “but no agreement” to the end are repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 7 para. 110 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2)

111(1)Section 195 (the Authority's register) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (bc), for “66D(1)” there is substituted “ 66CA(1) ”;

(b)in paragraph (g), for “or 66H above” there is substituted “ , 66H, 117N or 117O ”.

(3)In subsection (3AA), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4)Subsection (3A) is repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 7 para. 111 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(xviii)

112(1)Section 195A (reasons for decisions) is amended as follows.E+W

(2)In subsection (1)(f), for “66D(1)” there is substituted “ 66CA(1) ”.

(3)In subsection (3), after “appointment or” there is inserted “ the person holding the ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I189Sch. 7 para. 112(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(w) (with Sch. 2)

I190Sch. 7 para. 112(1) in force at 1.4.2017 in so far as not already in force by S.I. 2017/462, art. 3(k)(xix)

I191Sch. 7 para. 112(2) in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(xix)

113(1)Section 201 (publication of certain information and advice) is amended as follows.E+W

(2)In subsection (1)(b), for “company” there is substituted “ person ”.

(3)In subsection (2), after “Part II of this Act or” there is inserted “ a person holding ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I193Sch. 7 para. 113 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2)

114(1)Section 202 (duties of undertakers to furnish the Secretary of State with information) is amended as follows.E+W

(2)In subsection (1A), for “company”, in both places, there is substituted “ person ”.

(3)In subsection (3), for “company”, in each place, there is substituted “ person ”.

(4)In subsection (4)(c)—

(a)after “particular company” there is inserted “ or person ”;

(b)after “to companies” there is inserted “ or persons ”;

(c)for “description or” there is substituted “ description, ”;

(d)after “Part II of this Act or” there is inserted “ to all the persons holding ”.

(5)In subsection (5), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I194Sch. 7 para. 114 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2)

115In section 205 (exchange of metering information between undertakers), in subsection (4)—

(a)the “and” at the end of paragraph (a) is repealed;

(b)in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(c)after paragraph (b) there is inserted—

(c)any sewerage licensee.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I196Sch. 7 para. 115(b) in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(y) (with Sch. 2)

116(1)Section 206 (restriction on disclosure of information) is amended as follows.E+W

(2)In subsection (3)(b), for “a licensed water supplier of any of the duties imposed on it” there is substituted “ a water supply licensee or sewerage licensee of any of the duties imposed on the licensee ”.

(3)In subsection (5)(a), for “a licensed water supplier of activities under its licence” there is substituted “ a water supply licensee or sewerage licensee of activities under the licence held by the licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I197Sch. 7 para. 116 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2)

117(1)Section 208 (directions in the interests of national security) is amended as follows.E+W

(2)In subsection (1)—

(a)for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;

(b)for “or supplier” there is substituted “ or licensee ”.

(3)In subsection (2)—

(a)for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;

(b)for “or supplier” there is substituted “ or licensee ”;

(c)for “requiring it” there is substituted “ requiring that undertaker or licensee ”.

(4)In subsection (3)—

(a)for “or licensed water supplier”, in both places, there is substituted “ , water supply licensee or sewerage licensee ”;

(b)for “on it” there is substituted “ on that undertaker or licensee ”;

(c)for “to it” there is substituted “ to that undertaker or licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I198Sch. 7 para. 117 in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2)

118In section 211 (limitation on right to prosecute in respect of sewerage offences), in paragraph (b), after “undertaker;” there is inserted—

(ba)a sewerage licensee;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I199Sch. 7 para. 118 in force at 1.4.2017 by S.I. 2017/462, art. 3(k)(xxi)

119(1)Section 213 (powers to make regulations) is amended as follows.E+W

(2)In subsection (1)—

(a)the words “17D(8),” (inserted by section 35(2) of the Flood and Water Management Act 2010) are repealed;

(b)the words “or 17D(8)” (inserted by paragraph 49 of Schedule 8 to the Water Act 2003) are repealed (if they remain in force to any extent);

(c)before “or 105A” there is inserted “, 66M”.

(3)After subsection (1) there is inserted—

(1ZA)The requirement in subsection (1) does not apply in the case of regulations made by the Welsh Ministers under section 17D(8).

(4)In subsection (2)(a), for “or sewerage undertaker or licensed water supplier” there is substituted “ , sewerage undertaker, water supply licensee or sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I200Sch. 7 para. 119(1) in force at 1.11.2016 for specified purposes by S.I. 2016/1007, art. 2(h)(iv)

I201Sch. 7 para. 119(4) in force at 1.11.2016 by S.I. 2016/1007, art. 2(h)(v)

120(1)Section 219 (general interpretation) is amended as follows.E+W

(2)In subsection (1)—

(a)in the definition of “customer or potential customer”, in paragraph (a), for “licensed water supplier” there is substituted “ water supply licensee or sewerage licensee ”;

(b)in the definition of “protected land”, in paragraph (b), for “section 218” there is substituted “ section 217 ”;

(c)in the definition of “sewerage services”, for “includes” there is substituted

(a)in the case of a sewerage undertaker, includes;

(d)in that definition, after the paragraph (a) so formed there is inserted or

(b)in the case of a sewerage licensee, means the services provided by that person in that person's capacity as a sewerage licensee;;

(e)in the definition of “water main”—

(i)for “licensed water supplier” there is substituted “ water supply licensee ”;

(ii)for “or supplier” there is substituted “ or licensee ”;

(f)the following are inserted at the appropriate place—

charging rules” means rules issued under section 144ZA;;

sewerage licensee” is to be construed in accordance with section 17BA(6);;

water supply licensee” is to be construed in accordance with section 17A(7);;

(g)the definition of “licensed water supplier” is repealed.

(3)After subsection (10) there is inserted—

(11)Subsection (10) does not apply to references to the Chief Inspector of Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and 86ZA.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I202Sch. 7 para. 120(1) in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(e)(iii)

I203Sch. 7 para. 120(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2)

I204Sch. 7 para. 120(1) in force at 1.11.2016 for specified purposes by S.I. 2016/1007, art. 2(h)(vi)

I205Sch. 7 para. 120(1) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(xxii)(aa)

I206Sch. 7 para. 120(2)(a) (c)-(g) in force at 1.4.2016 by S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2)

I207Sch. 7 para. 120(2)(b) in force at 1.1.2015 by S.I. 2014/3320, art. 2(2)(e)(iv)

I208Sch. 7 para. 120(3) in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(e)(v)

I209Sch. 7 para. 120(3) in force at 1.11.2016 for specified purposes by S.I. 2016/1007, art. 2(h)(vii)

I210Sch. 7 para. 120(3) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(k)(xxii)(bb)

121In Schedule 1A (the Water Services Regulation Authority), in paragraph 9(3), for paragraph (f) (and the “and” following it) there is substituted—

(f)water supply licensees;

(fa)sewerage licensees; and.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

122(1)Schedule 2 (transitional provision on termination of appointments) is amended as follows.E+W

(2)In paragraph 1—

(a)in sub-paragraph (3A)(a), for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee or a qualifying sewerage licensee ”;

(b)in sub-paragraph (3A)(b), for “carry on activities” there is substituted carry on—

(i)activities;

(c)in sub-paragraph (3A)(b), after the sub-paragraph (i) so formed there is inserted ; or

(ii)activities relating to the removal or removals of matter mentioned in section 23(9) of this Act which were carried on by the transferor until that date (as the case may be).;

(d)in sub-paragraph (4), in the definition of “other relevant companies”, for “to be holding” there is substituted to be—

(a)holding;

(e)in sub-paragraph (4), in that definition, after the paragraph (a) so formed there is inserted or

(b)holding appointments as sewerage undertakers for any area in which, or in part of which, the activities relating to the removal or removals of matter mentioned in section 23(9) of this Act will be carried on by the transferee (as the case may be);.

(3)In paragraph 2(7A)(b), for “licensed water supplier” there is substituted “ water supply licensee or sewerage licensee ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information