Search Legislation

Water Act 2014

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Water Act 2014, Section 29 is up to date with all changes known to be in force on or before 18 April 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified provision(s) amendment to earlier commencing S.I. 2017/462, arts. 4, 5 by S.I. 2017/926 art. 2
29Standards of performance: water supplyE+W
This section has no associated Explanatory Notes

(1)After section 38 of the Water Industry Act 1991 there is inserted—

38ZAStandards of performance in connection with the supply of water: water supply licensees

(1)For the purpose of establishing overall standards of performance in connection with the supply of water by water supply licensees in accordance with their retail authorisations or restricted retail authorisations, the Minister may, in accordance with section 39ZA, by regulations—

(a)impose requirements in connection with such supplies of water;

(b)provide for a requirement so imposed to be enforceable under section 18 by—

(i)the Minister, or

(ii)the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.

(2)The Minister may, in accordance with section 39ZA, by regulations prescribe such standards of performance in connection with the provision of supplies of water as, in the Minister's opinion, ought to be achieved in individual cases.

(3)Regulations under subsection (2) may provide that if a water supply licensee fails to meet a prescribed standard the licensee must pay such amount as may be prescribed to any person who—

(a)is affected by the failure, and

(b)is of a prescribed description.

(4)Without prejudice to the generality of the power conferred by subsection (2), regulations under subsection (2) may—

(a)include in a standard of performance a requirement for a water supply licensee, in prescribed circumstances, to inform a person of that person's rights by virtue of any such regulations;

(b)provide for a dispute under the regulations to be referred by either party to the dispute to the Authority;

(c)make provision for the procedure to be followed in connection with any such reference and for the Authority's determination on such a reference to be enforceable in such manner as may be prescribed;

(d)prescribe circumstances in which a water supply licensee is to be exempted from requirements of the regulations.

(5)Where the Authority determines any dispute in accordance with regulations under this section it must, in such manner as may be specified in the regulations, give its reasons for reaching its decision with respect to the dispute.

(6)In this section—

  • the Minister” means—

    (a)

    the Secretary of State, in relation to supplies of water made in accordance with a retail authorisation;

    (b)

    the Welsh Ministers, in relation to supplies of water made in accordance with a restricted retail authorisation;

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

(2)Section 38A of that Act (information as to levels of performance of water undertakers) is amended in accordance with subsections (3) to (6).

(3)In subsection (1) (duty of Water Services Regulation Authority to collect information)—

(a)the “and” following paragraph (a) is repealed;

(b)after paragraph (a) there is inserted—

(aa)the compensation paid by water supply licensees under regulations under section 38ZA(2); and;

(c)in paragraph (b), after “water undertakers” there is inserted “ or water supply licensees ”.

(4)After subsection (2) there is inserted—

(2A)At such times as the Authority may direct, each water supply licensee is to give the following information to the Authority—

(a)as respects each standard established by regulations under section 38ZA(1), such information with respect to the level of performance achieved by the licensee as may be specified in the direction;

(b)as respects each standard prescribed by regulations under section 38ZA(2), the number of cases in which compensation was paid and the aggregate amount or value of that compensation.

(5)For subsection (3) (offence of failing to comply with subsection (2)) there is substituted—

(3)The requirements in subsections (2) and (2A) are enforceable by the Authority under section 18.

(6)In subsection (4) (publication of information collected), after “water undertakers” there is inserted “ or water supply licensees ”.

(7)After section 39 there is inserted—

39ZAProcedure for regulations under section 38ZA

(1)Section 39 applies for the purposes of making regulations under section 38ZA as it applies for the purposes of making regulations under section 38.

(2)In the application of section 39 by virtue of subsection (1)—

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

(b)a reference to the Secretary of State is to be treated as a reference to the Minister (as defined in section 38ZA(6)).

(3)Regulations under section 38ZA are to be made by statutory instrument.

(4)A statutory instrument containing regulations under section 38ZA 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 38ZA as it applies to regulations made by the Secretary of State.

Annotations: Help about Annotation
Close

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

I1S. 29(1)(3)(4)(6) in force at 1.11.2016 by S.I. 2016/1007, art. 2(d)

I2S. 29(2)(5) in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(a)

I3S. 29(2)(5) in force at 1.11.2016 in so far as not already in force by S.I. 2016/1007, art. 2(d)

I4S. 29(7) in force at 15.7.2015 by S.I. 2015/1469, art. 2(c)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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

Would you like to continue?

You have chosen to open The Whole Act as a PDF

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

Would you like to continue?

You have chosen to open the Whole Act

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

Would you like to continue?

You have chosen to open Schedules only

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

Would you like to continue?

Close

Legislation is available in different versions:

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

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

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

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

Close

More Resources

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

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

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

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

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

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

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