Water Industry Act 1991

202 Duties of undertakers to furnish the Secretary of State with information. E+W

(1) It shall be the duty of a company holding an appointment as a relevant undertaker to furnish the Secretary of State with all such information relating to any matter which—

(a) is connected with, or with any proposals relating to, the carrying out by that company of the functions of a relevant undertaker; or

(b) is material to the carrying out by the Secretary of State of any of his functions under this Act, any of the other consolidation Acts or the M1 Water Act 1989,

as the Secretary of State may reasonably require.

[F1 (1A) It shall be the duty of a company holding a licence under Chapter 1A of Part 2 of this Act to furnish the Secretary of State with all such information relating to any matter which—

(a) is connected with, or with any proposals relating to, the carrying on by that company of the activities authorised by the licence; or

(b) is material to the carrying out by the Secretary of State of any of his functions under this Act, any of the other consolidation Acts or the Water Act 1989,

as the Secretary of State may reasonably require.]

(2) Information required under this section shall be furnished in such form and manner, and be accompanied or supplemented by such explanations, as the Secretary of State may reasonably require.

(3) The information which a company may be required to furnish to the Secretary of State under this section shall include information which, although it is not in the possession of that company or would not otherwise come into the possession of that company, is information which it is reasonable to require that company to obtain.

(4) A requirement for the purposes of this section shall be contained in a direction which—

(a) may describe the information to be furnished in such manner as the Secretary of State considers appropriate;

(b) may require the information to be furnished on a particular occasion, in particular circumstances or from time to time; and

(c) may be given to a particular company, to companies of a particular description or to all the companies holding appointments under Chapter I of Part II of this Act [F2 or licences under Chapter 1A of that Part] .

(5) The obligations of a relevant undertaker [F3 or licensed water supplier] under this section shall be enforceable under section 18 above by the Secretary of State.

(6) In this section “the other consolidation Acts” means the M2 Water Resources Act 1991, the M3 Statutory Water Companies Act 1991, so much of the M4 Land Drainage Act 1991 as confers functions on the Secretary of State with respect to [F4 the Environment Agency] [F5 or on the Welsh Ministers with respect to the NRBW] and the M5 Water Consolidation (Consequential Provisions) Act 1991.

Textual Amendments

F1 S. 202(1A) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 44(2); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)

F2 Words in s. 202(4)(c) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 44(3); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)

F3 Words in s. 202(5) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 44(4); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)

F4 Words in s. 202(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 120 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5 Words in s. 202(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 254 (with Sch. 7)

Modifications etc. (not altering text)

C1 S. 202 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 14(6) (with reg. 1(1)(c))

Marginal Citations

M1 1989 c. 15.

M2 1991 c. 57.

M3 1991 c. 58.

M4 1991 c. 59.

M5 1991 c. 60.