Water Industry Act 1991
Part I PRELIMINARY
The Director General of Water Services
1 The Director General of Water Services.
1AWater Services Regulation Authority
General duties
2General duties with respect to water industry.
2AStrategic priorities and objectives: England
2BStrategic priorities and objectives: Wales
3 General environmental and recreational duties.
4 Environmental duties with respect to sites of special interest.
5 Codes of practice with respect to environmental and recreational duties.
Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS
CHAPTER IAPPOINTMENTS
Making of appointments
6Appointment of relevant undertakers.
7Continuity of appointments, replacement appointments etc.
8Procedure with respect to appointments and variations.
9Duties affecting making of appointments and variations.
10Transitional provision with respect to replacement appointments.
Conditions of appointments
11Power to impose conditions.
12Determinations under conditions of appointment.
Modification of appointment conditions: England
12AModification by the Authority
12BModification of conditions of appointment: early effective date
12CModifications of conditions under section 12A: supplementary
12DAppeal to the CMA
12EProcedure on appeal to CMA
12FDetermination by CMA of appeal
12GCMA’s powers on allowing an appeal
12HTime limits for CMA to determine an appeal
12IDetermination of appeal by CMA: supplementary
Modification of appointment conditions: Wales
13Modification by agreement.
14Modification references to CMA.
14AReferences under section 14: time limits
14BReferences under section 14: powers of investigation
15Reports on modification references.
16Modification following report.
16ACMA's power of veto following report
16BCMA's power of veto following report: supplementary
Modification of appointment conditions: England and Wales
17Modification by order under other enactments.
CHAPTER 1A Water supply licences and sewerage licences
Granting of licences
17AWater supply licences
17AAWater supply licences: restrictions on grants
17BMeaning of supply system
17BASewerage licences
17BBSewerage licences: restrictions on grants
17CMeaning of household premises
17DThe threshold requirement
17DAGuidance
17EDeterminations by the Authority
17FProcedure for granting water supply and sewerage licences
17FAApplications forwarded by the Water Industry Commission for Scotland
17FBApplications forwarded to the Water Industry Commission for Scotland
Licence conditions
17GLicence conditions
17HStandard conditions of water supply licences
17HAStandard conditions of sewerage licences
17IModification of licences by agreement
17JModification of standard conditions
17KModification references to competition authority
17LReferences under section 17K: time limits
17MReferences under section 17K: powers of investigation
17NReports on modification references
17OModification of licences following report
17PPower of veto following report
17QSection 17P: supplementary
17RModification by order under other enactments
CHAPTER II ENFORCEMENT OF INSOLVENCY
Enforcement orders
18 Orders for securing compliance with certain provisions.
19 Exceptions to duty to enforce.
20 Procedure for enforcement orders.
21 Validity of enforcement orders.
22 Effect of enforcement order.
Financial penalties
22APenalties
22BStatement of policy with respect to penalties
22CTime limits on the imposition of financial penalties
22DInterest and payment of instalments
22EAppeals
22FRecovery of penalties
Special administration orders
23Meaning and effect of special administration order.
24Special administration orders made on special petitions.
25 Power to make special administration order on winding-up petition.
Restrictions on voluntary winding up and insolvency proceedings
26Restrictions on voluntary winding up and insolvency proceedings.
CHAPTER III PROTECTION OF CUSTOMERS ETC..
General provisions
27 General duty of Director to keep matters under review.
27ZAPower to require information for purpose of monitoring
The Consumer Council for Water
27AEstablishment of the Council and committees
27BCo-operation between Council and other authorities
General functions of the Council
27CThe interests of consumers
27DAcquisition and review of information
27EProvision of advice and information to public authorities
27FProvision of information to consumers
27GPower to publish information and advice about consumer matters
27HProvision of information to the Council
27IPublication of notice of reasons
27JProvision of information by the Council
27KSections 27H to 27J: supplementary
28 Customer service committees.
29 Consumer complaints
29APower of Council to investigate other matters
30 Duties of Director with respect to complaints
Further functions of Authority
30ZADuty to consult Council
30ZBCopies of notices
30ADetermination of disputes by the Director.
Provisions with respect to competition
31 Functions of Director with respect to competition.
32 Duty to refer merger of water or sewerage undertakings.
33 Exclusion of small mergers from duty to make reference.
33AExceptions to duty to make reference
33BOpinion of the Authority
33CStatement of methods
33DUndertakings in lieu of a merger reference
34 Application of provisions of Enterprise Act 2002
35 Construction of merger provisions.
Disclosure of arrangements for remuneration
35ARemuneration and standards of performance
chapter IV INTERPRETATION OF PART II
36 Interpretation of Part II.
Part 2ARegulation of provision of infrastructure
36ARegulations
36BTendering
36CCriteria for tendering
36DDesignation as an infrastructure provider
36EMinisterial responsibility
36FCross-border infrastructure projects
36GRegulations: procedure
Part III WATER SUPPLY
chapter I GENERAL DUTIES OF WATER UNDERTAKERS etc
37 General duty to maintain water supply system etc.
37AWater resources management plans: preparation and review
37AAWater resources management plans for England: resilience
37BWater resources management plans: publication and representations
37CWater resources management plans: provision of information
37DWater resources management plans: supplementary
38 Standards of performance in connection with water supply.
38ZAStandards of performance in connection with the supply of water: water supply licensees
38AInformation with respect to levels of performance.
38BPublication of statistical information about complaints
39 Procedure for regulations under section 38.
39ZAProcedure for regulations under section 38ZA
39AInformation to be given to customers about overall performance.
39BDrought plans: preparation and review
39CDrought plans: provision of information
39DDrought plans: supplementary
chapter II SUPPLY DUTIES
Major supplies
40Bulk supplies.
40AVariation and termination of bulk supply agreements.
40BCodes in respect of bulk supply agreements
40CCodes under section 40B: procedure
40DCodes under section 40B: minor or urgent revisions
40ERules about charges for the supply of water in bulk
40FRules under section 40E: provision about the reduction of charges
40GRules under section 40E: procedure
40HRules under section 40E: minor or urgent revisions
40IRules under section 40E: guidance
40JDuty to provide information about bulk supplies
41 Duty to comply with water main requisition.
42 Financial conditions of compliance.
43 Calculation of “relevant deficit” for the purposes of section 42.
43ACalculation of “discounted aggregate deficit” for the purposes of section 42
44 Determination of completion date and route for requisitioned main.
Domestic connections
45 Duty to make connections with main.
46 Duty to carry out ancillary works for the purpose of making domestic connection.
47 Conditions of connection with water main.
48 Interest on sums deposited in pursuance of the deposit condition.
49 Supplemental provisions with respect to the metering conditions.
50 Restriction on imposition of condition requiring separate service pipes.
51 Time for performance of connection etc. duties.
Adoption of water mains and service pipes
51AAgreements to adopt water main or service pipe at future date
51BAdoption at a future date: orders by Authority
51CVariation and termination of section 51A agreements
51CACodes in respect of section 51A agreements
51CBCodes under section 51CA: procedure
51CCCodes under section 51CA: minor or urgent revisions
51CDRules about charges in connection with a section 51A agreement
51CERules under section 51CD: procedure
51CFRules under section 51CD: minor or urgent revisions
51CGRules under section 51CD: guidance
51DProhibition on connection without adoption
51ESections 51A to 51D: supplementary
Domestic supplies
52 The domestic supply duty.
53 Conditions of compliance with domestic supply duty.
54 Enforcement of domestic supply duty.
Other supplies
55 Supplies for non-domestic purposes.
56 Determinations on requests for non-domestic supplies.
57 Duty to provide a supply of water etc. for fire-fighting.
58 Specially requested fire-hydrants.
59 Supplies for other public purposes.
Disconnections
60 Disconnections for the carrying out of necessary works.
61 Disconnections for non-payment of charges.
62 Disconnections at request of customer.
63 General duties of undertakers with respect to disconnections.
Supply by water supply licensee etc
63AASupply by water supply licensee: domestic supply
63ABSupply by water supply licensee: non-domestic supply
63ACInterim duty: domestic and non-domestic supply
63ADInterim duty: supplementary
63AEInterim licensees: schemes for terms and conditions
63AFInterim duty: code
Use of limiting devices
63A Prohibition of use of limiting devices.
Means of supply
64 Supply by means of separate service pipes.
65 Duties of undertakers as respects constancy and pressure.
66 Requirements by undertaker for maintaining pressure.
CHAPTER 2ASupply duties etc: water supply licensees
Duties of undertakers to supply water supply licensees etc
66AWholesale water supply by primary water undertaker
66AAWater supply from water undertaker
66BIntroduction of water into water undertaker's supply system
66CIntroduction of water provided by secondary water undertaker
66CADeterminations by Authority
66DAgreements as to duties under sections 66A to 66C
66DACodes in respect of section 66D agreements
66DBCodes under section 66DA: procedure
66DCCodes under section 66DA: minor or urgent revisions
66ERules about charges
66EARules about charges: provision about the reduction of charges
66EBRules under section 66E: procedure
66ECRules under section 66E: minor or urgent revisions
66EDRules under section 66E: guidance
66FSection 66D: supplementary
66GDesignation of strategic supply
66HDesignation of collective strategic supply
Offences
66IProhibition on unauthorised use of supply system
66JProhibition on unauthorised introduction of water
66KSections 66I and 66J: exemptions
66LSection 66K: supplementary
chapter III Quality and Sufficiency of Supplies
Standards of wholesomeness
67 Standards of wholesomeness.
General obligations of undertakers and water supply licensees
68 Duties of water undertakers and water supply licensees with respect to water quality.
69 Regulations for preserving water quality.
70 Offence of supplying water unfit for human consumption.
Waste, contamination, misuse etc.
71 Waste from water sources.
72 Contamination of water sources.
73 Offences of contaminating, wasting and misusing water etc.
74 Regulations for preventing contamination, waste etc. and with respect to water fittings.
75 Power to prevent damage and to take steps to prevent contamination, waste etc.
76 Temporary bans on use
76ATemporary bans: supplemental
76BTemporary bans: procedure
76COrders under sections 76 and 76A
Local authority functions
77 General functions of local authorities in relation to water quality.
78 Local authority functions in relation to undertakers’ supplies.
79 Local authority functions where piped supplies insufficient or unwholesome.
80 Remedial powers of local authorities in relation to private supplies.
81 Confirmation of private supply notices.
82 Enforcement and variation of private supply notice.
83 Application of certain powers to local authorities in relation to private supplies.
84 Local authority rights of entry etc.
85 Local authority power to obtain information for the purposes of functions under Chapter III.
Assessors for the enforcement of water quality
86 Assessors for the enforcement of water quality.
86ZACharging of fees
Complaints
86A Procedure for dealing with complaints.
CHAPTER IV FLUORIDATION
87 Fluoridation of water supplies
87ATarget concentration of fluoride
87BFluoridation arrangements: determination of terms
87CFluoridation arrangements: compliance
88 Power to vary permitted fluoridation agents.
88APower to vary target concentration of fluoride
88BRequirement for fluoridation proposal: England
88CInitial consultation etc. on fluoridation proposal
88DAdditional requirements where other local authorities affected
88EDecision on fluoridation proposal
88FDecision-making procedure: exercise of functions by committee
88GSecretary of State's duty in relation to fluoridation proposal
88HPayments by local authorities towards fluoridation costs
88IVariation or termination of arrangements under section 87(1)
88JInitial consultation etc. on variation or termination proposal
88KAdditional requirements where other local authorities affected
88LDecision on variation or termination proposal
88MDecision-making procedure: exercise of functions by committee
88NSecretary of State's duty in relation to requests for variation or termination
88OPower to make regulations as to maintenance of section 87 arrangements
89Consultation ...
90 Indemnities in respect of fluoridation.
90AReview of fluoridation
90BOld English fluoridation arrangements: transitional provision
91 Old Welsh fluoridation arrangements: transitional provision
CHAPTER V SUPPLEMENTAL PROVISIONS OF PART III
92Power to give effect to international obligations etc.
93 Interpretation of Part III.
PART IIIA Promotion of the Efficient Use of Water
93A Duty to promote the efficient use of water.
93B Power of Director to impose requirements on water undertakers.
93C Publicity of requirements imposed under section 93B.
93D Information as to compliance with requirements under section 93B.
Part IV SEWERAGE SERVICES
chapter IGENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS etc
Principal duties and standards of performance
94General duty to provide sewerage system.
95Standards of performance in connection with provision of sewerage services.
95ZAStandards of performance in connection with provision of sewerage services: sewerage licensees
95AInformation with respect to levels of performance.
95BPublication of statistical information about complaints
96Procedure for regulations under section 95.
96ZAProcedure for regulations under section 95ZA
96AInformation to be given to customers about overall performance.
96BNutrient pollution standards to apply to certain sewage disposal works
96CSensitive catchment areas
96DExempt sewage disposal works
96EUpgrade date
96FNutrient pollution standards
96GNutrient pollution standards determined through environmental permitting
96HSection 96G: procedure and revocations
96IInformation about catchment areas and nutrient significant plants
96JSection 96B: enforcement and interaction with other provisions
96KPowers to amend sections 96D and 96F
96LSections 96B to 96K, 96M and 96N: interpretation
96MNew and altered plants: modifications
96NSetting and enforcing nutrient pollution standards
Performance of sewerage undertaker’s functions by local authorities etc.
97Performance of sewerage undertaker’s functions by local authorities etc.
chapter II PROVISION OF SEWERAGE SERVICES
Requisition of public sewer
98 Duty to comply with sewer requisition.
99 Financial conditions of compliance.
100 Calculation of “relevant deficit” for the purposes of section 99.
100ACalculation of “discounted aggregate deficit” for the purposes of section 99
101 Determination of completion date and route for requisitioned sewer or lateral drain.
Provision of public sewers otherwise than by requisition
101A Further duty to provide sewers.
101BPower to construct lateral drains following provision of public sewer
Adoption etc. of sewers and disposal works
102 Adoption of sewers and disposal works.
103 Adoption of cross-border sewers etc.
104 Agreements to adopt sewer, drain or sewage disposal works, at future date
105 Appeals with respect to adoption.
105ZAAdoption at a future date: orders by Authority
105ZBVariation and termination of section 104 agreements
105ZCCodes in respect of section 104 agreements
105ZDCodes under section 105ZC: procedure
105ZECodes under section 105ZC: minor or urgent revisions
105ZFRules about charges in connection with a section 104 agreement
105ZGRules under section 105ZF: procedure
105ZHRules under section 105ZF: minor or urgent revisions
105ZIRules under section 105ZF: guidance
105A Schemes for the adoption of sewers, lateral drains and sewage disposal works
105BAdoption schemes: appeals
105CAdoption schemes: supplementary
Communication of drains and private sewers with public sewers
106 Right to communicate with public sewers.
106ASustainable drainage
106BRequirement to enter into agreement before construction
107 Right of sewerage undertaker to undertake the making of communications with public sewers.
108 Communication works by person entitled to communication.
109 Unlawful communications.
Connections between public sewers
110 Determination of disputes with respect to cross boundary sewers.
110AMain connections
110BVariation and termination of main connection agreements
110CCodes in respect of main connection agreements
110DCodes under section 110C: procedure
110ECodes under section 110C: minor or urgent revisions
110FRules about charges for permitting main connections
110GRules under section 110F: provision about the reduction of charges
110HRules under section 110F: procedure
110IRules under section 110F: minor or urgent revisions
110JRules under section 110F: guidance
Provision of sewerage services by sewerage licensees etc
110KProvision by sewerage licensee
110LInterim duty: sewerage undertakers and sewerage licensees
110MInterim duty: supplementary
110NInterim licensees: schemes for terms and conditions
110OInterim duty: code
Provisions protecting sewerage system
111 Restrictions on use of public sewers.
112 Requirement that proposed drain or sewer be constructed so as to form part of general system.
113 Power to alter drainage system of premises in area.
114 Power to investigate defective drain or sewer.
Sustainable drainage
114ADrainage systems relieving public sewers
Use of pipes for sewerage purposes
115 Use of highway drains as sewers and vice versa.
116 Power to close or restrict use of public sewer.
Complaints
116A Procedures for dealing with complaints.
Interpretation of Chapter II
117 Interpretation of Chapter II.
Chapter 2ADuties relating to sewerage services: sewerage licensees
Duties of sewerage undertakers as regards enabling the provision of sewerage services
117AUse of undertaker's sewerage system
117BMatter dealt with by sewerage undertaker
117CRemoval of matter from sewerage system by a sewerage licensee
117DConnections for the purposes of a disposal authorisation
117EAgreements as to duties under sections 117A to 117D
117FCodes in respect of section 117E agreements
117GCodes under section 117F: procedure
117HCodes under section 117F: minor or urgent revisions
117IRules about charges
117JRules about charges: provision about the reduction of charges
117KRules under section 117I: procedure
117LRules under section 117I: minor or urgent revisions
117MRules under section 117I: guidance
117NDesignation of strategic sewerage provision
117ODesignation of collective strategic sewerage provision
Offences
117PProhibition on unauthorised use of sewerage system
117QProhibition on unauthorised removal of matter from sewerage system
117RSections 117P and 117Q: exemptions
117SSection 117R: supplementary
CHAPTER III TRADE EFFLUENT
Consent for discharge of trade effluent into public sewer
118Consent required for discharge of trade effluent into public sewer.
Consents on an application
119 Application for consent.
120 Applications for the discharge of special category effluent.
121 Conditions of consent.
122 Appeals to the Director with respect to decisions on applications etc.
123 Appeals with respect to the discharge of special category effluent.
124 Variation of consents.
125 Variations within time limit.
126 Appeals with respect to variations of consent.
127Review by the appropriate agency of consents relating to special category effluent.
Application for variation of time for discharge
128 Application for variation of time for discharge.
Agreements with respect the disposal etc. of trade effluent
129 Agreements with respect to the disposal etc of trade effluent.
130 Reference to the appropriate agency of agreements relating to special category effluent.
131Review by the appropriate agency of agreements relating to special category effluent.
References and reviews relating to special category effluent
132 Powers and procedure on references and reviews.
133 Effect of determination on reference or review.
134 Compensation in respect of determinations made for the protection of public health etc.
Supplemental provisions of Chapter III
135 Restrictions on power to fix charges under Chapter III.
135APower of the appropriate agency to acquire information for the purpose of its functions in relation to special category effluent.
136 Evidence from meters etc.
137 Statement of case on appeal.
138 Meaning of “special category effluent”.
139 Power to apply Chapter III to other effluents.
140 Pre-1989 Act authority for trade effluent discharges etc.
Interpretation of Chapter III
141 Interpretation of Chapter III.
CHAPTER 4Storm overflows
141AStorm overflow discharge reduction plan
141BProgress reports on storm overflow discharge reduction plan
141CAnnual reports on discharges from storm overflows
141DEnvironment Agency reports
141DBMonitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works
141EInterpretation of Chapter 4
Part V FINANCIAL PROVISIONS
CHAPTER I CHARGES
Manner of fixing charges
142 Powers of undertakers to charge.
143 Charges schemes.
143A Regulations as to provisions to be included in charges schemes.
143BRules about charges schemes
143CRules under section 143B: procedure
143DRules under section 143B: minor or urgent revisions
143ERules under section 143B: guidance
144 Liability of occupiers etc. for charges.
Rules about undertakers' charges
144ZARules about charges for connections etc
144ZBRules under section 144ZA: procedure
144ZCRules under section 144ZA: minor or urgent revisions
144ZDRules under section 144ZA: guidance
General guidance on charges
144ZEGeneral guidance on charges
144ZFGuidance under section 144ZE: procedure
Restrictions on charging
144A Right of consumer to elect for charging by reference to volume.
144B Restriction on undertakers’ power to require fixing of charges by reference to volume.
144CNon-owner occupiers
General restrictions on charging
145 Charging by reference to rateable value.
146 Connection charges etc. and charges for highway drainage.
147 Charging for emergency use of water.
Metering
148 Restriction on charging for metering works.
149 Further provision relating to charging by volume.
Charging for services provided with the help of an undertaker
150 Fixing maximum charges for services provided with the help of undertakers’ services.
150ABilling disputes.
Interpretation of Chapter I
150B Meaning of “consumer” in Chapter I.
CHAPTER II FINANCIAL ASSISTANCE FOR UNDERTAKERS
151 Financial contributions to rural services.
152 Grants for national security purposes.
153 Government financial assistance where special administration orders made.
154 Guarantees under section 153.
154AFinancial assistance to reduce charges
154BFinancial assistance for major works
Part VI UNDERTAKERS ’ POWERS AND WORKS
CHAPTER I UNDERTAKERS’ POWERS
Powers in relation to land
155 Compulsory purchase.
156 Restriction on disposals of land.
157 Byelaws with respect to undertakers’ waterways and land.
Pipe-laying
158 Powers to lay pipes in streets.
159 Power to lay pipes in other land.
Other works powers
160 Power to carry out works for sewerage purposes.
161 Power to deal with foul water and pollution.
162 Works in connection with metering.
163 Power to fit stopcocks.
164 Agreements for works with respect to water sources.
Powers to discharge water
165 Discharges for works purposes.
166 Consents for certain discharges under section 165.
Compulsory works orders
167 Compulsory works orders.
Entry to land etc. by water undertakers
168 Entry for works purposes.
169 Power to carry out surveys and to search for water.
170 Entry etc. for other purposes.
171 Entry for sewerage purposes.
172 Entry for metering purposes.
173 Impersonation of persons entitled to entry.
CHAPTER II PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.
Protection of apparatus in general
174 Offences of interference with works etc.
Protection of meters
175 Offence of tampering with meter.
176 Consent for the purposes of section 175.
177 Financial obligations with respect to any interference with a meter.
Obstruction of sewerage works etc.
178 Obstruction of sewerage works etc.
CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS
Vesting of works in undertaker
179 Vesting of works in undertaker.
Damage etc. caused by works
180 Compensation for damage caused by works etc.
181 Complaints with respect to the exercise of works powers on private land.
182 Codes of practice with respect to work on private land.
Protective provisions
183 Protection for particular undertakings.
184 Power of certain undertakers to alter public sewers etc.
185 Duty to move pipes etc. in certain cases.
186 Protective provisions in respect of flood defence works and watercourses etc.
187 Works in tidal lands etc.
188 Mineral rights.
189 Power to sell minerals deriving from sewerage works.
190 Saving for planning controls.
191 Duties to make recreational facilities available when building reservoirs in Wales.
Interpretation of Part VI
192 Interpretation of Part VI.
Part VII INFORMATION PROVISIONS
Reports
192AForward work programmes
192BAnnual and other reports
193 Reports by Director.
194 Reports by customer service committees.
Registers, maps etc.
195 The Director’s register.
195AReasons for decisions
196 Trade effluent registers.
197 Register for the purposes of works discharges.
198 Maps of waterworks.
199 Sewer maps.
200 Provision of sewer maps to local authorities.
Publication of certain information and advice
201 Publication of certain information and advice.
Powers to acquire and duties to provide information
202 Duties of undertakers to furnish the Secretary of State with information.
203 Power to acquire information for enforcement purposes.
204 Provision of information to sewerage undertakers with respect to trade effluent discharges.
205 Exchange of metering information between undertakers.
Restriction on disclosure of information
206Restriction on disclosure of information.
Provision of false information
207 Provision of false information.
Part 7AFurther provision about regulation
Appeals relating to revisions of codes
207AAppeals to the CMA
207BProcedure on appeals
207CDetermination of appeals
Part VIII MISCELLANEOUS AND SUPPLEMENTAL
Miscellaneous
208 Directions in the interests of national security.
209 Civil liability of undertakers for escapes of water etc.
209A Rights of tenants in relation to metering.
Offences
210 Offences by bodies corporate.
211 Limitation on right to prosecute in respect of sewerage offences.
Judicial disqualification
212 Judicial disqualification.
Powers to make regulations
213Powers to make regulations.
214 Power to prescribe forms.
Local inquiries
215 Local inquiries.
Construction of Act
216 Provisions relating to the service of documents.
217 Construction of provision conferring powers by reference to undertakers’ functions.
218 Meaning of “domestic purposes” in relation to water supply.
219 General interpretation.
220 Effect of local Acts.
Other supplemental provisions
221Crown application.
222 Application to the Isles of Scilly.
223 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
Remuneration, pensions etc.
1(1) There shall be paid to the Director such remuneration,...
Staff
2(1) The Director may, with the approval of the Treasury...
Expenses of the Director and his staff
3There shall be paid out of money provided by Parliament—...
Official seal
4The Director shall have an official seal for the authentication...
Documentary evidence
5The Documentary Evidence Act 1868 shall have effect as if...
SCHEDULE 1AThe Water Services Regulation Authority
Membership
1(1) The Authority shall consist of a chairman, and at...
Terms of appointment, remuneration, pensions etc
2(1) Subject to this Schedule, the chairman and other members...
Terms of appointment, remuneration, pensions etc
3(1) An appointment of a person to hold office as...
Terms of appointment, remuneration, pensions etc
4(1) The Authority shall pay to its chairman and its...
Staff
5The Authority may, with the approval of the Minister for...
Committees
6(1) The Authority may establish committees and any committee of...
Proceedings etc
7(1) The Authority may regulate its own procedure.
Proceedings etc
8A document purporting to be duly executed under the seal...
Code of Practice
9(1) The Authority shall prepare, and may revise, a code...
Performance of functions
10(1) Anything authorised or required to be done by the...
Payments to the Authority
11The Secretary of State shall make payments out of money...
Supplementary powers
12(1) The Authority has power to do anything which is...
SCHEDULE 2Transitional Provision on Termination of Appointments
Cases where Schedule applies
1(1) This Schedule shall apply in each of the cases...
Making and modification of transfer schemes
2(1) The existing appointee, acting with the consent of the...
Transfer schemes providing for transfer by hive down
2A(1) In a case specified in paragraph 1(3) (special administration...
Transfers by scheme
3(1) A scheme under this Schedule for the transfer of...
Transfer of appointment
4(1) Where a scheme under this Schedule is made in...
Exclusion of transfer of licence
4AWhere a scheme under this Schedule is made in the...
Supplemental provisions of schemes
5(1) A scheme under this Schedule may contain supplemental, consequential...
Duties of existing appointee after the scheme comes into force
6(1) A scheme under this Schedule may provide for the...
Further transitional provision and local statutory provisions
7(1) The Secretary of State may, if he thinks it...
SCHEDULE 2ZAProcedure for appeals under section 12D
1Application for permission to bring appeal
2Suspension of decision
3Time limit for representations and observations by the Authority
4Consideration and determination of appeal by group
5Matters to be considered on appeal
6Production of documents etc
7Oral hearings
8Written statements
9Expert advice
10Defaults in relation to evidence
11Appeal rules
12Costs
13Interpretation of Schedule
SCHEDULE 2AWATER SUPPLY LICENCES: AUTHORISATIONS
Operation of the authorisations in England and Wales
1In the descriptions of the following authorisations, a reference to...
2In the descriptions of the following authorisations, a reference to...
Retail authorisation
3A retail authorisation given by a water supply licence is...
4None of the premises supplied by a water supply licensee...
Wholesale authorisation
5A wholesale authorisation given by a water supply licence is...
Restricted retail authorisation
6A restricted retail authorisation given by a water supply licence...
7The following requirements must be satisfied in relation to each...
Supplementary authorisation
8A supplementary authorisation given by a water supply licence is...
Enforcement and guidance
9The requirements in paragraphs 4 and 7 are enforceable by...
10(1) The Authority may from time to time, with the...
Interpretation
11For the purposes of this Schedule, a person (A) is...
12In paragraph 11 “ subsidiary ” has the meaning given...
SCHEDULE 2BSEWERAGE LICENCES: AUTHORISATIONS
Retail authorisation
1A retail authorisation given by a sewerage licence is an...
2None of the premises served by a sewerage licensee under...
3The requirement in paragraph 2 is enforceable by the Authority...
4The Authority may from time to time, with the approval...
Wholesale authorisation
5A wholesale authorisation given by a sewerage licence is an...
Disposal authorisation
6A disposal authorisation given by a sewerage licence is an...
7If a sewerage licensee with a disposal authorisation has, or...
Interpretation
8For the purposes of this Schedule, a person (A) is...
9In paragraph 8 “ subsidiary ” has the meaning given...
SCHEDULE 3 SPECIAL ADMINISTRATION ORDERS
Part I MODIFICATIONS OF THE 1986 ACT
General application of provisions of 1986 Act
1Where a special administration order has been made, sections 11...
Effect of order
2In section 11 of the 1986 Act (effect of order),...
Appointment of special administrator
3In section 13 of the 1986 Act (appointment of administrator),...
General powers of special administrator
4In section 14 of the 1986 Act (general powers of...
Power to deal with charged property
5(1) Section 15 of the 1986 Act (power to deal...
Duties of special administrator
6(1) Section 17 of the 1986 Act (duties of administrator),...
Discharge of order
7(1) Section 18 of the 1986 Act (discharge and variation...
Notice of making of order
8In section 21(2) of the 1986 Act (notice of order...
Statement of proposals
9In section 23 of the 1986 Act (statement of proposals),...
Applications to court
10(1) Section 27 of the 1986 Act (protection of interests...
Part II SUPPLEMENTAL
General adaptations and saving
11(1) Subject to the preceding provisions of this Schedule, references...
Interpretation
12(1) In this Schedule “the 1986 Act” means the Insolvency...
SCHEDULE 3AThe Consumer Council for Water
Membership of Council
1(1) The Council shall consist of— (a) a chairman appointed...
Membership of Council
2(1) A person holding office as chairman or other member...
Terms of appointment, remuneration, pensions etc
3The Council shall pay to the chairman and other members...
Terms of appointment, remuneration, pensions etc
4(1) If the Secretary of State so determines in the...
Members appointed by Assembly
5In relation to any member of the Council appointed by...
Staff
6(1) The Council shall, with the approval of the Secretary...
Annual reports
7(1) As soon as practicable after the end of each...
Financial provisions and accounts
8(1) It shall be the duty of the Council to...
Financial provisions and accounts
9(1) The Council shall prepare, in respect of each financial...
Financial provisions and accounts
10The Secretary of State and the Assembly shall pay to...
Regional committees
11(1) The Council shall not establish or abolish a regional...
Regional committees
12(1) A regional committee of the Council shall consist of—...
Regional committees
13(1) If the appropriate authority so determines in the case...
Regional committees
14In paragraphs 11 to 13 above the “ appropriate authority...
Other committees
15(1) The Council may establish committees other than regional committees...
Other committees
16(1) If the Secretary of State so determines in the...
Performance of functions of the Council
17Anything authorised or required to be done by the Council...
Performance of functions of the Council
18The validity of anything done by the Council is not...
Supplementary powers
19(1) The Council shall have power to do anything which...
First financial year of the Council
20(1) If the period beginning with the day on which...
Compensation for members of customer service committees
21The Authority may pay to any person who immediately before...
SCHEDULE 4
Sub-committees
1A customer service committee may, with the approval of the...
Remuneration, pensions etc. of the chairman of a customer service committee
2(1) There shall be paid to the chairman of a...
Expenses of other members of a customer service committee etc.
3Subject to paragraph 2 above, neither the members of a...
Staff
4(1) The Director may, with the approval of the Treasury...
Financial provisions
5(1) The following shall be paid by the Director out...
SCHEDULE 4ZAApplication of provisions of Enterprise Act 2002 to mergers of water enterprises
1Part 3 of the 2002 Act (and any other provisions...
2The modifications made by virtue of paragraph 1 above shall...
2AWhere a reference is made to the chair of the...
3(1) The first questions to be decided by the CMA...
4(1) In deciding, on a merger reference under section 32(a)...
5(1) No enforcement action shall be taken on a merger...
6If, on a merger reference under section 32(b) of this...
7(1) For the purposes of this Schedule a benefit is...
8In this Schedule— “ customers ”, “ goods ”, “...
Schedule 4A Premises that are not to be disconnected for non-payment of charges
1(1) Any dwelling which is occupied by a person as...
2(1) Any house in multiple occupation which does not constitute...
3(1) Accommodation for the elderly in which a person has...
4A hospital as defined by section 275 of the National...
5Premises used for the provision of medical services by a...
6Premises used for the provision of dental services by a...
7Premises not falling within paragraph 5 or 6 above which...
8(1) A care home or independent hospital.
9A children’s home in England within the meaning of the...
9APremises in Wales at which a secure accommodation service, within...
10A school within the meaning of the Education Act 1996....
10AA 16 to 19 Academy.
11(1) Premises used by an institution within the further education...
12(1) Premises in England which are used for the provision...
13(1) A prison or removal centre .
14Premises occupied for the purposes of a police force.
15Premises occupied for the purposes of a fire and rescue...
16Premises occupied for the purposes of the provision of an...
SCHEDULE 5 PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLY
Applications for orders
1(1) Where the Director or a water undertaker applies to...
Supply of copies of draft orders
2The applicant for an order under section 65(5) of this...
Modifications of proposals
3(1) On an application for an order under section 65(5)...
Consideration of objections etc.
4Where an application for an order to which this Schedule...
SCHEDULE 6 SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY
Part I RIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES
Notice of entry
1(1) Where this Part of this Schedule applies to any...
Warrants to exercise right
2(1) Subject to sub-paragraph (3) below, if it is shown...
Supplementary power of person making entry
3Any person entitled to enter any premises by virtue of...
Obstruction of person exercising right
4Any person who wilfully obstructs any person upon whom a...
Duty of persons exercising rights to maintain confidentiality
5(1) Without prejudice to section 206 of this Act and...
Part II OTHER RIGHTS OF ENTRY AND RELATED POWERS
Notice of entry
6(1) Without prejudice to any power exercisable by virtue of...
Warrant to exercise right or power
7(1) If it is shown to the satisfaction of a...
Manner of exercise of right or power
8A person designated as the person who may exercise any...
Supplementary powers of person making entry etc.
9A person authorised to enter any premises by virtue of...
Duty to secure premises
10A person who enters any premises in the exercise of...
Compensation
11(1) Where any person exercises any right or power to...
Obstruction of person exercising right or power
12A person who intentionally obstructs another person acting in the...
Interpretation of Part II
13(1) In this Part of this Schedule “relevant authority”, in...
SCHEDULE 7 PRE-1985 FLUORIDATION SCHEMES
Operation of pre-1985 schemes
1(1) Where in pursuance of any such arrangements entered into...
Supplies by other undertakers and revocation or variation of scheme
2(1) Where a water undertaker is operating a fluoridation scheme...
Publicity and consultation
3(1) Section 89 of this Act (including the power of...
SCHEDULE 8 PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC.
Trade effluent agreements
1Nothing in Chapter III of Part IV of this Act...
Authorisations having effect as deemed consents under the Control of Pollution Act 1974
2(1) Where, by virtue of section 43(2) of the Control...
Appeals in respect of consents under paragraph 2
3(1) A person on whom notice is served in pursuance...
Determinations of disputes as to transitional matters
4(1) Any dispute in so far as it—
Regulations as to residue of agreements
5The Secretary of State may by regulations make provisions in...
SCHEDULE 9 MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTS
Compensation enactments
1Subject to the following provisions of this Schedule, the enactments...
Adaptation of the Compulsory Purchase Act 1965
2The Compulsory Purchase Act 1965 (in the following provisions of...
Section 7 of the 1965 Act
3For section 7 of the 1965 Act (measure of compensation)...
Section 8 of the 1965 Act
4Section 8(1) of the Compulsory Purchase Act 1965 has effect...
Effect of deed poll
5The following provisions of the 1965 Act (being provisions stating...
Section 11 of the 1965 Act
6Section 11 of the 1965 Act (powers of entry) shall...
Section 20 of the 1965 Act
7Section 20 of the 1965 Act (protection for interests of...
Section 22 of the 1965 Act
8Section 22 of the 1965 Act (protection of acquiring authority’s...
SCHEDULE 10 PROCEDURE RELATING TO BYELAWS UNDER SECTION 157
Confirmation of byelaws
1(1) No byelaw made by a relevant undertaker under section...
Confirmation with or without modifications
2(1) The Secretary of State, with or without a local...
Commencement of byelaw
3(1) The Secretary of State may fix the date on...
Availability of confirmed byelaws
4(1) Every byelaw made by a relevant undertaker and confirmed...
Revocation of byelaws
5Without prejudice to subsection (5) of section 157 of this...
Proof of byelaws etc.
6The production of a printed copy of a byelaw purporting...
SCHEDULE 11 ORDERS CONFERRING COMPULSORY WORKS POWERS
Applications for orders
1(1) Where a water undertaker applies to the Secretary of...
Supply of copies of draft orders
2A water undertaker applying for a compulsory works order shall,...
Powers on an application
3(1) On an application for a compulsory works order, the...
Consideration of objections etc.
4(1) If, where an application for a compulsory works order...
Notice after making of order
5(1) As soon as practicable after a compulsory works order...
Compulsory acquisition provisions
6(1) Without prejudice to the provisions of Schedule 14 to...
Compensation in certain cases of compulsory acquisition
7Where— (a) in connection with any engineering or building operations...
Compensation in respect of powers other than acquisition powers
8(1) If the value of any interest in any relevant...
Protection of public undertakings
9The provisions of section 186 of this Act and of...
Interpretation
10In this Schedule— “bridleway” and “footpath” have the same meanings...
SCHEDULE 12 COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS
Compensation in respect of street works powers
1(1) This paragraph applies, in relation to a relevant undertaker,...
Compensation in respect of pipe-laying works in private land
2(1) If the value of any interest in any relevant...
Assessment of compensation under paragraph 2
3(1) Any question of disputed compensation under paragraph 2 above...
Compensation in respect of sewerage works etc.
4(1) Subject to the following provisions of this paragraph, a...
Compensation in respect of metering works
5(1) Without prejudice to section 148 of this Act or...
Compensation in respect of discharges for works purposes
6(1) It shall be the duty of every water undertaker—...
SCHEDULE 13 PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS
Part I PROVISIONS APPLYING GENERALLY
General provisions protecting undertakings
1(1) Nothing in this Act conferring power on a relevant...
Protection for statutory powers and jurisdiction
2Nothing in any provision of this Act conferring power on...
Special protection for certain undertakings in respect of street works
3(1) Subject to the following provisions of this paragraph and...
Protection for electronic communications networks
4Part 10 of Schedule 3A to the Communications Act 2003...
Part II FURTHER PROTECTIVE PROVISIONS IN RESPECT OF SEWERAGE POWERS
Protection for dock undertakers
5(1) Subject to the provisions of this paragraph, nothing in...
Protection for airports, railways etc.
6(1) Subject to the provisions of this paragraph, nothing in...
Saving for Part I and other powers
7The provisions of this Part of this Schedule are without...
SCHEDULE 14 MINERAL RIGHTS
Acquisition of mineral rights
1(1) This paragraph applies in each of the following cases,...
Notice required for the working of underlying mines
2(1) If the owner of any mines or minerals underlying...
Mining communications
3(1) If the working of any mines or minerals is...
Compensation relating to severance
4(1) Where mines or minerals underlying any part of a...
Powers of entry
5(1) Any person designated in writing for the purpose by...
No exemption for injury to mines and minerals
6Nothing in any provision of this Act or of any...
Interpretation
7(1) In this Schedule— “conveyance” has the same meaning as...
SCHEDULE 15 DISCLOSURE OF INFORMATION
Part I PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE
Part II ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE
SCHEDULE 16PROCEDURE ON APPEALS UNDER SECTION 207A
Regulations as to procedure
1The Secretary of State may by regulations make provision about...
Particular provision
2Regulations under this Schedule may in particular make provision about—...
Consideration and determination of appeals
3(1) Regulations under this Schedule may make provision about—
Evidence
4(1) Regulations under this Schedule may make provision about—
5(1) Regulations under this Schedule may provide for penalties to...
Appeal rules
6(1) The CMA may make rules regulating the conduct and...
Interpretation
7In this Schedule— “ appeal ” means an appeal under...
Table of Derivations

Water Industry Act 1991

1991 c. 56

C7C9C8C10C4C5C6E1I1An Act to consolidate enactments relating to the supply of water and the provision of sewerage services, with amendments to give effect to recommendations of the Law Commission.

C1C2C3Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C11C12

Annotations:
Commencement Information
I1

Act wholly in force at 1.12.1991 see s. 223(2)

Extent Information
E1

Act extends to England and Wales; for minor variations see s. 223(3)

Modifications etc. (not altering text)
C7

A reference to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) to be construed as a reference to a removal centre within the meaning of that Part (10.2.2003) by virtue of 2002 c. 41, s. 66(4); S.I. 2003/1, art. 2, Sch.

C10

Act: transfer of functions (W.) (except ss. 1,14, 15, 17, 24(2)(d), 27(3), 32-35, 152(2), 193(3), 206(3)(e), Schs. 1, 4 and subject to entry in Sch. 1 of the amending S.I.) (1.7.1999) by 1999/672, art. 2, Sch. 1 (as amended by 2003 c. 37, s. 100(2)(4)(6)(7); S.I. 2004/2528, art. 2(s); S.I. 2006/3334, Sch.)

C5

Act restricted (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 18(2), 225(2).

C6

Act: definitions of "service pipe" and "water main" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 162(6), 225(2).

Act: definition of "sewerage services" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 173, Sch. 20 para. 8(1), s. 207(8), 225(2).

Act: definition of "service pipe" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7) and 195(7), 225(2).

Act: definition of "stopcock" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7) and 221(1), 225(2).

Act: definition of "trunk main" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 186(1), 225(2).

Act: definition of "drain" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2).

C1

[A table showing the derivation of the provisions of this Consolidation Act will be found at the end of the Act. The table has no official status.]

C3

Act: definition of "public sewers" applied (01.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 72(1), 76(2) (with ss. 67(3)(5)(8), 72(6)(8), 74(3)(4)).