http://www.legislation.gov.uk/ukpga/1991/56Water Industry Act 1991 An 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.1991-07-25texttext/xmlenStatute Law Database2026-04-08Expert Participation2026-03-11 Water Industry Act 1991Pt. 3 Ch. 2A headingWater Act 2014Sch. 2 para. 1s. 94(3)Water Industry Act 1991Pt. 3 Ch. 2BWater Act 2014s. 12s. 94(3)Water Industry Act 1991s. 2(2C)Water Act 2014Sch. 5 para. 2(a)(i)s. 94(3)Water Industry Act 1991s. 2(2C)(f) and wordWater Act 2014Sch. 5 para. 2(a)(ii)s. 94(3)Water Industry Act 1991s. 2(2D)Water Act 2014Sch. 5 para. 2(b)s. 94(3)Water Industry Act 1991s. 2B(4)(d)Water Act 2014Sch. 5 para. 3s. 94(3)Water Industry Act 1991s. 17A(2)Water Act 2014Sch. 5 para. 4(2)(a)s. 94(3)Water Industry Act 1991s. 17A(2)(ba) and wordWater Act 2014Sch. 5 para. 4(2)(b)s. 94(3)Water Industry Act 1991s. 17A(3)Water Act 2014Sch. 5 para. 4(3)s. 94(3)Water Industry Act 1991s. 17A(c)Water Act 2014Sch. 5 para. 4(2(c)s. 94(3)Water Industry Act 1991s. 17A(d)Water Act 2014Sch. 5 para. 4(2)(c)s. 94(3)Water Industry Act 1991s. 17AA(1)(ba)(bb)Water Act 2014Sch. 5 para. 5(2)s. 94(3)Water Industry Act 1991s. 17AA(2)Water Act 2014Sch. 5 para. 5(3)s. 94(3)Water Industry Act 1991s. 17AA(5)(b)(c)Water Act 2014Sch. 5 para. 5(4)s. 94(3)Water Industry Act 1991s. 17B(4A)Water Act 2014Sch. 5 para. 6(a)s. 94(3)Water Industry Act 1991s. 17B(5)-(8)Water Act 2014Sch. 5 para. 6(b)s. 94(3)Water Industry Act 1991s. 17BA(1)Water Act 2014Sch. 5 para. 7(2)s. 94(3)Water Industry Act 1991s. 17BA(5A)Water Act 2014Sch. 5 para. 7(3)s. 94(3)Water Industry Act 1991s. 17BB(1)Water Act 2014Sch. 5 para. 8s. 94(3)Water Industry Act 1991s. 17C(1)Water Act 2014Sch. 5 para. 9s. 94(3)Water Industry Act 1991s. 17DWater Act 2014Sch. 5 para. 10s. 94(3)Water Industry Act 1991s. 17DA(a)Water Act 2014Sch. 5 para. 11s. 94(3)Water Industry Act 1991s. 17E(2)(a)Water Act 2014Sch. 5 para. 12(a)s. 94(3)Water Industry Act 1991s. 17E(2)(c)Water Act 2014Sch. 5 para. 12(b)s. 94(3)Water Industry Act 1991s. 17FA(1)(a)Water Act 2014Sch. 5 para. 13(2)s. 94(3)Water Industry Act 1991s. 17FA(2)(a)Water Act 2014Sch. 5 para. 13(3)s. 94(3)Water Industry Act 1991s. 17G(4)(a)(iii)Water Act 2014Sch. 5 para. 14s. 94(3)Water Industry Act 1991s. 17H(1A)Water Act 2014Sch. 5 para. 15(2)s. 94(3)Water Industry Act 1991s. 17H(2)Water Act 2014Sch. 5 para. 15(3)s. 94(3)Water Industry Act 1991s. 17H(3)Water Act 2014Sch. 5 para. 15(4)(a)s. 94(3)Water Industry Act 1991s. 17H(3)Water Act 2014Sch. 5 para. 15(4)(b)s. 94(3)Water Industry Act 1991s. 17H(4)Water Act 2014Sch. 5 para. 15(5)s. 94(3)Water Industry Act 1991s. 17H(8)(b)(i)Water Act 2014Sch. 5 para. 15(6)s. 94(3)Water Industry Act 1991s. 17H(9)Water Act 2014Sch. 5 para. 15(7)s. 94(3)Water Industry Act 1991s. 17HA(9)(b)(ia)Water Act 2014Sch. 5 para. 16(2)s. 94(3)Water Industry Act 1991s. 17HA(10)Water Act 2014Sch. 5 para. 16(3)s. 94(3)Water Industry Act 1991s. 17I(4)(b)(iv)Water Act 2014Sch. 5 para. 17(a)s. 94(3)Water Industry Act 1991s. 17I(5A)Water Act 2014Sch. 5 para. 17(b)s. 94(3)Water Industry Act 1991s. 17J(4)(b)(iv)Water Act 2014Sch. 5 para. 18(2)s. 94(3)Water Industry Act 1991s. 17J(5A)Water Act 2014Sch. 5 para. 18(3)s. 94(3)Water Industry Act 1991s. 17J(10)Water Act 2014Sch. 5 para. 18(4)s. 94(3)Water Industry Act 1991s. 17K(5)(b)(iv)Water Act 2014Sch. 5 para. 19s. 94(3)Water Industry Act 1991s. 17N(10)(a)(iv)Water Act 2014Sch. 5 para. 20(2)s. 94(3)Water Industry Act 1991s. 17N(11)(a)(ii)Water Act 2014Sch. 5 para. 20(3)s. 94(3)Water Industry Act 1991s. 17N(12)Water Act 2014Sch. 5 para. 20(4)s. 94(3)Water Industry Act 1991s. 17O(5)(c)(iii)Water Act 2014Sch. 5 para. 21s. 94(3)Water Industry Act 1991s. 17P(7)(b)(v)Water Act 2014Sch. 5 para. 22s. 94(3)Water Industry Act 1991s. 23(2AA)Water Act 2014Sch. 7 para. 35(4)s. 94(3)Water Industry Act 1991s. 23(2B)(b)Water Act 2014Sch. 7 para. 35(5)(a)s. 94(3)Water Industry Act 1991s. 23(2B)(b)(ii)Water Act 2014Sch. 7 para. 35(5)(b)s. 94(3)Water Industry Act 1991s. 23(2C)Water Act 2014Sch. 7 para. 35(6)s. 94(3)Water Industry Act 1991s. 23(6)(a)Water Act 2014Sch. 5 para. 23s. 94(3)Water Industry Act 1991s. 23(8)(9)Water Act 2014Sch. 7 para. 35(10)s. 94(3)Water Industry Act 1991s. 24(1A)(b)Water Act 2014Sch. 7 pra. 36(2)(b)s. 94(3)Water Industry Act 1991s. 24(1B)Water Act 2014Sch. 5 para. 24s. 94(3)Water Industry Act 1991s. 27(2)(b)Water Act 2014Sch. 7 pra. 39(3)(b)s. 94(3)Water Industry Act 1991s. 27C(1)Water Act 2014Sch. 5 para. 25(a)(i)s. 94(3)Water Industry Act 1991s. 27C(1)(f) and wordWater Act 2014Sch. 5 para. 25(a)(ii)s. 94(3)Water Industry Act 1991s. 27C(2)Water Act 2014Sch. 5 para. 25(b)s. 94(3)Water Industry Act 1991s. 38ZA(1)Water Act 2014Sch. 5 para. 26(2)s. 94(3)Water Industry Act 1991s. 38ZA(6)Water Act 2014Sch. 5 para. 26(3)s. 94(3)Water Industry Act 1991s. 52(4A)Water Act 2014Sch. 5 para. 27(a)s. 94(3)Water Industry Act 1991s. 52(4A)(c) and wordWater Act 2014Sch. 5 para. 27(b)s. 94(3)Water Industry Act 1991s. 55(1A)(b)Water Act 2014Sch. 5 para. 28s. 94(3)Water Industry Act 1991s. 63AC(4)Water Act 2014Sch. 5 para. 29s. 94(3)Water Industry Act 1991s. 66A(2)Water Act 2014Sch. 5 para. 30(2)s. 94(3)Water Industry Act 1991s. 66A(5)(a)Water Act 2014Sch. 5 para. 30(3)(a)s. 94(3)Water Industry Act 1991s. 66A(5)(b)Water Act 2014Sch. 5 para. 30(3)(b)s. 94(3)Water Industry Act 1991s. 66A(7)(a)Water Act 2014Sch. 5 para. 30(4)s. 94(3)Water Industry Act 1991s. 66A(7)(a)Water Act 2014Sch. 5 para. 31(5)s. 94(3)Water Industry Act 1991s. 66A(9)(c)Water Act 2014Sch. 5 para. 30(5)s. 94(3)Water Industry Act 1991s. 66AA(2)Water Act 2014Sch. 5 para. 31(2)s. 94(3)Water Industry Act 1991s. 66AA(3)(a)Water Act 2014Sch. 5 para. 31(3)s. 94(3)Water Industry Act 1991s. 66AA(5)(a)Water Act 2014Sch. 5 para. 31(4)(a)s. 94(3)Water Industry Act 1991s. 66AA(5)(b)Water Act 2014Sch. 5 para. 31(4)(b)s. 94(3)Water Industry Act 1991s. 66B(2)Water Act 2014Sch. 5 para. 32(2)s. 94(3)Water Industry Act 1991s. 66B(3)Water Act 2014Sch. 5 para. 32(2)s. 94(3)Water Industry Act 1991s. 66B(4)(a)Water Act 2014Sch. 5 para. 32(3)(a)s. 94(3)Water Industry Act 1991s. 66B(4)(b)Water Act 2014Sch. 5 para. 32(3)(b)s. 94(3)Water Industry Act 1991s. 66B(4)(c)Water Act 2014Sch. 5 para. 32(3)(b)s. 94(3)Water Industry Act 1991s. 66B(4)(d)Water Act 2014Sch. 5 para. 32(3)(c)s. 94(3)Water Industry Act 1991s. 66B(6)(a)Water Act 2014Sch. 5 para. 32(4)s. 94(3)Water Industry Act 1991s. 66B(7)Water Act 2014Sch. 5 para. 32(5)s. 94(3)Water Industry Act 1991s. 66B(8)Water Act 2014Sch. 5 para. 32(5)s. 94(3)Water Industry Act 1991s. 66B(9)Water Act 2014Sch. 5 para. 32(6)s. 94(3)Water Industry Act 1991s. 66B(10)(b)Water Act 2014Sch. 5 para. 32(7)s. 94(3)Water Industry Act 1991s. 66C(1)Water Act 2014Sch. 5 para. 33(2)s. 94(3)Water Industry Act 1991s. 66C(2)-(4)Water Act 2014Sch. 5 para. 33(3)s. 94(3)Water Industry Act 1991s. 66C(5)Water Act 2014Sch. 5 para. 33(4)s. 94(3)Water Industry Act 1991s. 66C(6)(a)Water Act 2014Sch. 5 para. 33(5)s. 94(3)Water Industry Act 1991s. 66C(7)Water Act 2014Sch. 5 para. 33(6)s. 94(3)Water Industry Act 1991s. 66C(9)(a)Water Act 2014Sch. 5 para. 33(7)s. 94(3)Water Industry Act 1991s. 66C(11)Water Act 2014Sch. 5 para. 33(8)s. 94(3)Water Industry Act 1991s. 66E(3)Water Act 2014Sch. 5 para. 34s. 94(3)Water Industry Act 1991s. 66EA(1)(a)Water Act 2014Sch. 5 para. 35s. 94(3)Water Industry Act 1991s. 66G(11)(b) and wordWater Act 2014Sch. 5 para. 36s. 94(3)Water Industry Act 1991s. 66H(11)(b) and wordWater Act 2014Sch. 5 para. 37s. 94(3)Water Industry Act 1991s. 68(1A)(a)Water Act 2014Sch. 5 para. 38(2)(a)s. 94(3)Water Industry Act 1991s. 68(1A)(b)Water Act 2014Sch. 5 para. 38(2)(b)s. 94(3)Water Industry Act 1991s. 68(1A)(b)Water Act 2014Sch. 7 pra. 67(3)(c)s. 94(3)Water Industry Act 1991s. 68(6)Water Act 2014Sch. 5 para. 38(3)s. 94(3)Water Industry Act 1991s. 95ZA(1)Water Act 2014Sch. 5 para. 39(2)(a)s. 94(3)Water Industry Act 1991s. 95ZA(1)(b)(i)Water Act 2014Sch. 5 para. 39(2)(b)s. 94(3)Water Industry Act 1991s. 95ZA(2)Water Act 2014Sch. 5 para. 39(2)(c)s. 94(3)Water Industry Act 1991s. 95ZA(2)Water Act 2014Sch. 5 para. 39(3)s. 94(3)Water Industry Act 1991s. 95ZA(6)Water Act 2014Sch. 5 para. 39(4)s. 94(3)Water Industry Act 1991s. 96ZA(2)-(5)Water Act 2014Sch. 5 para. 40s. 94(3)Water Industry Act 1991s. 104(9)Water Act 2014Sch. 7 para. 91s. 94(3)Water Industry Act 1991s. 106B(3A)Water Act 2014Sch. 7 para. 94s. 94(3)Water Industry Act 1991s. 117G(2)(aa)Water Act 2014Sch. 5 para. 41(2)s. 94(3)Water Industry Act 1991s. 117G(4)-(4D)Water Act 2014Sch. 5 para. 41(3)s. 94(3)Water Industry Act 1991s. 117G(4)Water Act 2014Sch. 5 para. 41(5)s. 94(3)Water Industry Act 1991s. 117G(6)(aa)Water Act 2014Sch. 5 para. 41(4)s. 94(3)Water Industry Act 1991s. 117K(2)(aa)Water Act 2014Sch. 5 para. 42(2)s. 94(3)Water Industry Act 1991s. 117K(5)(5A)Water Act 2014Sch. 5 para. 42(3)s. 94(3)Water Industry Act 1991s. 117L(3)Water Act 2014Sch. 5 para. 43(2)s. 94(3)Water Industry Act 1991s. 117L(4)Water Act 2014Sch. 5 para. 43(2)s. 94(3)Water Industry Act 1991s. 117L(5)(b)Water Act 2014Sch. 5 para. 43(2)s. 94(3)Water Industry Act 1991s. 117L(9)Water Act 2014Sch. 5 para. 43(3)s. 94(3)Water Industry Act 1991s. 117M(3)Water Act 2014Sch. 5 para. 44(2)s. 94(3)Water Industry Act 1991s. 117M(7)Water Act 2014Sch. 5 para. 44(3)s. 94(3)Water Industry Act 1991s. 117N(4)(aa)Water Act 2014Sch. 5 para. 45(2)s. 94(3)Water Industry Act 1991s. 117N(8)(aa)Water Act 2014Sch. 5 para. 45(3)s. 94(3)Water Industry Act 1991s. 117N(11)(aa)Water Act 2014Sch. 5 para. 45(4)s. 94(3)Water Industry Act 1991s. 117O(4)(aa)Water Act 2014Sch. 5 para. 46(2)s. 94(3)Water Industry Act 1991s. 117O(8)(aa)Water Act 2014Sch. 5 para. 46(3)s. 94(3)Water Industry Act 1991s. 117P(1)Water Act 2014Sch. 5 para. 47s. 94(3)Water Industry Act 1991s. 117Q(1)Water Act 2014Sch. 5 para. 48s. 94(3)Water Industry Act 1991s. 117S(7)-(9)Water Act 2014Sch. 5 para. 49s. 94(3)Water Industry Act 1991s. 158(7)(a)Water Act 2014Sch. 5 para. 50(a)s. 94(3)Water Industry Act 1991s. 158(7)(a)Water Act 2014Sch. 5 para. 50(b)s. 94(3)Water Industry Act 1991s. 158(7)(a)Water Act 2014Sch. 7 para. 104s. 94(3)Water Industry Act 1991s. 177K(7)(aa)Water Act 2014Sch. 5 para. 42(4)s. 94(3)Water Industry Act 1991s. 195(3AA)Water Act 2014Sch. 5 para. 51s. 94(3)Water Industry Act 1991s. 207D and cross-headingWater Act 2014s. 39s. 94(3)Water Industry Act 1991s. 207D(5)Water Act 2014Sch. 5 para. 52(a)s. 94(3)Water Industry Act 1991s. 207D(5)Water Act 2014Sch. 5 para. 52(b)s. 94(3)Water Industry Act 1991s. 213(1)Water Act 2014Sch. 7 para. 119(2)(a)s. 94(3)Water Industry Act 1991s. 213(1)Water Act 2014Sch. 7 para. 119(2)(b)s. 94(3)Water Industry Act 1991s. 213(1)Water Act 2014Sch. 7 para. 119(2)(c)s. 94(3)Water Industry Act 1991s. 213(1ZA)Water Act 2014Sch. 5 para. 53s. 94(3)Water Industry Act 1991s. 213(1ZA)Water Act 2014Sch. 7 para. 119(3)s. 94(3)Water Industry Act 1991Sch. 2A para. 1Water Act 2014Sch. 5 para. 54(2)s. 94(3)Water Industry Act 1991Sch. 2A para. 2Water Act 2014Sch. 5 para. 54(2)s. 94(3)Water Industry Act 1991Sch. 2A para. 6-8Water Act 2014Sch. 5 para. 54(3)s. 94(3)Water Industry Act 1991Sch. 2A para. 9Water Act 2014Sch. 5 para. 54(4)s. 94(3)Water Industry Act 1991Sch. 2A para. 10Water Act 2014Sch. 5 para. 54(5)s. 94(3)Water Industry Act 1991s. 119(2)(ab)Water Act 2003s. 89(1)(a)s. 105(3)Water Industry Act 1991s. 119(3)Water Act 2003s. 89(1)(b)s. 105(3)Water Industry Act 1991s. 121(1)(ba)Water Act 2003s. 89(2)(a)s. 105(3)Water Industry Act 1991s. 121(6)Water Act 2003s. 89(2)(b)s. 105(3)Water Industry Act 1991s. 138(5)Water Act 2003s. 88(3) Sch. 9 Pt. 3s. 105(3)Water Industry Act 1991s. 139Water Act 2003s. 88(1)s. 105(3)Water Industry Act 1991s. 141(1)Water Act 2003s. 88(4)s. 105(3)Water Industry Act 1991s. 171(3)Water Act 2003s. 88(5)s. 105(3)Water Industry Act 1991s. 206(9)Criminal Justice Act 2003Sch. 37 Pt. 9s. 336(3) (4)Water Industry Act 1991Sch. 6 para. 5(4)Criminal Justice Act 2003Sch. 32 para. 159s. 336(3) (4)Water Industry Act 1991Sch. 6 para. 5(5)Criminal Justice Act 2003Sch. 37 Pt. 9s. 336(3) (4)Water Industry Act 1991s. 37A headingEnvironment Act 2021s. 78(2)(a)s. 144s. 147(3)(4)Water Industry Act 1991s. 37A(3)(b)Environment Act 2021s. 78(2)(b)s. 144s. 147(3)(4)Water Industry Act 1991s. 37A(4)Environment Act 2021s. 78(2)(c)(i)s. 144s. 147(3)(4)Water Industry Act 1991s. 37A(4)Environment Act 2021s. 78(2)(c)(ii)s. 144s. 147(3)(4)Water Industry Act 1991s. 37A(6)Environment Act 2021s. 78(2)(d)s. 144s. 147(3)(4)Water Industry Act 1991s. 37A(8)Environment Act 2021s. 78(2)(e)s. 144s. 147(3)(4)Water Industry Act 1991s. 37A(10)Environment Act 2021s. 78(2)(f)s. 144s. 147(3)(4)Water Industry Act 1991s. 37BEnvironment Act 2021s. 78(3)s. 144s. 147(3)(4)Water Industry Act 1991s. 37CEnvironment Act 2021s. 78(3)s. 144s. 147(3)(4)Water Industry Act 1991s. 37D(1)Environment Act 2021s. 78(4)(a)s. 144s. 147(3)(4)Water Industry Act 1991s. 37D(3)(a)Environment Act 2021s. 78(4)(b)(i)s. 144s. 147(3)(4)Water Industry Act 1991s. 37D(3)(b) and wordEnvironment Act 2021s. 78(4)(b)(ii)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B headingEnvironment Act 2021s. 78(5)(a)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B(4)(b)Environment Act 2021s. 78(5)(b)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B(5)Environment Act 2021s. 78(5)(c)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B(6)Environment Act 2021s. 78(5)(d)(ii)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B(6)(c)Environment Act 2021s. 78(5)(d)(i)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B(7)Environment Act 2021s. 78(5)(e)s. 144s. 147(3)(4)Water Industry Act 1991s. 39B(9)Environment Act 2021s. 78(5)(f)s. 144s. 147(3)(4)Water Industry Act 1991s. 39CEnvironment Act 2021s. 78(6)s. 144s. 147(3)(4)Water Industry Act 1991s. 39E-39HEnvironment Act 2021s. 78(7)s. 144s. 147(3)(4)Water Industry Act 1991s. 141DCEnvironment Act 2021s. 83s. 144s. 147(3)Water Industry Act 1991s. 138(2)-(4)Pollution Prevention and Control Act 1999Sch. 3s. 7(3)Water Industry Act 1991s. 206(3)(a)Pollution Prevention and Control Act 1999Sch. 3s. 7(3)Water Industry Act 1991s. 206(4)(a)Pollution Prevention and Control Act 1999Sch. 3s. 7(3)Water Industry Act 1991Pt. 4 Ch. 5Water (Special Measures) Act 2025s. 4(2)s. 17(3)(b)s. 17(4)(b)Water Industry Act 1991s. 2(4A)(4B)Water (Special Measures) Act 2025s. 10(a)s. 17(3)(d)s. 17(4)(d)Water Industry Act 1991s. 2(6A)Water (Special Measures) Act 2025s. 10(b)s. 17(3)(d)s. 17(4)(d)Water Industry Act 1991s. 2(6B)Water (Special Measures) Act 2025s. 10(b)s. 17(3)(d)s. 17(4)(d)Water Industry Act 1991s. 2(7)Water (Special Measures) Act 2025s. 10(b)s. 17(3)(d)s. 17(4)(d)Water Industry Act 1991s. 213(1)Water (Special Measures) Act 2025s. 4(3)s. 17(3)(b)s. 17(4)(b)Water Industry Act 1991s. 87(7C)-(7F)Health and Social Care Act 2012s. 35(6)s. 306(2) (3)Water Industry Act 1991Sch. 4A para. 16Health and Social Care Act 2012Sch. 14 para. 56s. 179(5)(b)s. 306(4)Water Industry Act 1991s. 14B(1A)(b)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 16B(6A)(b)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 17(2)(a)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 17(2)(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 17M(1A)(b)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 17Q(6A)(b)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 17R(2)(a)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 17R(2)(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 31(3)(a)The Competition (Amendment etc.) (EU Exit) Regulations 2019Sch. 1 para. 4(2)Sch. 4 para. 7 13reg. 1(1)Water Industry Act 1991s. 31(3)(a)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 31(3)(c)(d)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 21reg. 1(1)Water Industry Act 1991s. 31(3)(c)The Competition (Amendment etc.) (EU Exit) Regulations 2019Sch. 1 para. 4(3)Sch. 4 para. 7 13reg. 1(1)Water Industry Act 1991s. 31(3)(d)The Competition (Amendment etc.) (EU Exit) Regulations 2019Sch. 1 para. 4(3)Sch. 4 para. 7 13reg. 1(1)Water Industry Act 1991s. 106art. 13(2)art. 6(2)art. 1Water Industry Act 1991Sch. 4A para. 13(2)(a)Criminal Justice and Court Services Act 2000Sch. 7 para. 114 Water Industry Act 19911991 c. 56 An 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.[25th July 1991]Be 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:—Part I PRELIMINARY The Director General of Water Services The Director General of Water Services.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p85" CommentaryRef="c19757011">Water Services Regulation Authority</Addition>1A1There shall be a body corporate to be known as the Water Services Regulation Authority (in this Act referred to as “the Authority”) for the purpose of carrying out the functions conferred on or transferred to it by this Act or under or by virtue of any other enactment.2The functions of the Authority are performed on behalf of the Crown.3Schedule 1A to this Act shall have effect with respect to the Authority.4In Welsh the Authority may be known as “Awdurdod Rheoleiddio Gwasanaethau Dŵr”. General duties General duties with respect to water industry.21This section shall have effect for imposing duties on the Secretary of State and on the Authority as to when and how they should exercise and perform the powers and duties conferred or imposed on the Secretary of State or the Authority by virtue of any of the relevant provisions. 2AThe Secretary of State or, as the case may be, the Authority shall exercise and perform the powers and duties mentioned in subsection (1) above in the manner which he or it considers is best calculated—ato further the consumer objective;bto secure that the functions of a water undertaker and of a sewerage undertaker are properly carried out as respects every area of England and Wales;cto secure that companies holding appointments under Chapter 1 of Part 2 of this Act as relevant undertakers are able (in particular, by securing reasonable returns on their capital) to finance the proper carrying out of those functions; ...dto secure that the activities authorised by the licence of a water supply licensee or sewerage licensee and any statutory functions imposed on it in consequence of the licence are properly carried out ; andeto further the resilience objective.2BThe consumer objective mentioned in subsection (2A)(a) above is to protect the interests of consumers, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the provision of water and sewerage services.2CFor the purposes of subsection (2A)(a) above the Secretary of State or, as the case may be, the Authority shall have regard to the interests of—aindividuals who are disabled or chronically sick;bindividuals of pensionable age;cindividuals with low incomes;dindividuals residing in rural areas; ...ecustomers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are household premises (as defined in section 17C) ; andfcustomers, 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,but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.2DFor the purposes of subsection (2C) above, premises are below the consumption threshold if the total quantity of water estimated to be supplied to the premises annually for the purposes of subsection (2) of section 17D below is less than the quantity specified in that subsection.2DAThe resilience objective mentioned in subsection (2A)(e) is—ato secure the long-term resilience of water undertakers' supply systems and sewerage undertakers' sewerage systems as regards environmental pressures, population growth and changes in consumer behaviour, andbto secure that undertakers take steps for the purpose of enabling them to meet, in the long term, the need for the supply of water and the provision of sewerage services to consumers,including by promoting—iappropriate long-term planning and investment by relevant undertakers, andiithe taking by them of a range of measures to manage water resources in sustainable ways, and to increase efficiency in the use of water and reduce demand for water so as to reduce pressure on water resources.2DBFor the purposes of subsection (2DA)—athe reference to water undertakers' supply systems is to be construed in accordance with section 17B;bthe reference to sewerage undertakers' sewerage systems is to be construed in accordance with section 17BA(7). 2EThe Secretary of State and the Authority may, in exercising any of the powers and performing any of the duties mentioned in subsection (1) above, have regard to—aany interests of consumers in relation to electricity conveyed by distribution systems (within the meaning of the Electricity Act 1989);bany interests of consumers in relation to gas conveyed through pipes (within the meaning of the Gas Act 1986);cany interests of consumers in relation to communications services and electronic communications apparatus (within the meaning of the Communications Act 2003),which are affected by the exercise of that power or the performance of that duty.3Subject to subsection (2A) above, the Secretary of State or, as the case may be, the Authority shall exercise and perform the powers and duties mentioned in subsection (1) above in the manner which he or it considers is best calculated—ato promote economy and efficiency on the part of companies holding an appointment under Chapter 1 of Part 2 of this Act in the carrying out of the functions of a relevant undertaker;bto secure that no undue preference is shown, and that there is no undue discrimination in the fixing by such companies of water and drainage charges;bato secure that no undue preference (including for itself) is shown, and that there is no undue discrimination, in the doing by such a company of—isuch things as relate to the provision of services by itself or another such company, oriisuch things as relate to the provision of services by a water supply licensee or a sewerage licensee;cto secure that consumers are protected as respects benefits that could be secured for them by the application in a particular manner of any of the proceeds of any disposal (whenever made) of any of such a company’s protected land or of an interest or right in or over any of that land;dto ensure that consumers are also protected as respects any activities of such a company which are not attributable to the exercise of functions of a relevant undertaker, or as respects any activities of any person appearing to the Secretary of State or (as the case may be) the Authority to be connected with the company, and in particular by ensuring—ithat any transactions are carried out at arm’s length;iithat the company, in relation to the exercise of its functions as a relevant undertaker, maintains and presents accounts in a suitable form and manner;iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .eto contribute to the achievement of sustainable development.4In exercising any of the powers or performing any of the duties mentioned in subsection (1) above in accordance with the preceding provisions of this section, the Secretary of State and the Authority shall have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).5In this section the references to water and drainage charges are references to—aany charges in respect of any services provided in the course of the carrying out of the functions of a relevant undertaker; andbamounts of any other description which such an undertaker is authorised by or under any enactment to require any of its customers or potential customers to pay.5AIn this section—“consumers” includes both existing and future consumers; and“the interests of consumers” means the interests of consumers in relation to—the supply of water by means of a water undertaker’s supply system to premises either by water undertakers or by water supply licensees acting in their capacity as such; andthe provision of sewerage services either by sewerage undertakers or by sewerage licensees acting in their capacity as such. 6For the purposes of this section—asubject to subsection (6A) below, the reference in subsection (1) above to the relevant provisions is a reference to the provisions contained in— iPart 2 of this Act (except section 27A and Schedule 3A),iiany 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, andiiiany of sections 42 to 54 of the Water Act 2014.b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6ASubsections (2A) to (4) above and sections 2A and 2B below do not apply in relation to anything done by the Authority in the exercise of functions assigned to it by section 31(3) below (“Competition Act functions”).6BThe Authority may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (2A) to (4) above and sections 2A and 2B below, if it is a matter to which the CMA could have regard when exercising that function.7The duties imposed by subsections (2A) to (4) above and sections 2A and 2B below do not affect the obligation of the Authority or, as the case may be, the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any assimilated obligation or otherwise).<Substitution ChangeId="key-48467d5ab1047fbaa4767ea6f0e408bc-1605464083692" CommentaryRef="key-48467d5ab1047fbaa4767ea6f0e408bc">Strategic priorities and objectives: England</Substitution>2A1The Secretary of State may from time to time publish a statement setting out strategic priorities and objectives for the Authority in carrying out relevant functions relating wholly or mainly to England.2The Authority must carry out those functions in accordance with any statement published under this section.3In formulating a statement under this section, the Secretary of State—amust have regard to the duties imposed on the Authority under section 2,bmust have regard to social and environmental matters, andcmay have regard to such other matters as the Secretary of State thinks fit.4Before publishing a statement under this section, the Secretary of State must consult—athe Authority,bthe Council,crelevant undertakers,d water supply licensees and sewerage licensees,ethe Environment Agency,fthe Welsh Ministers,gthe NRBW, andhanyone else the Secretary of State thinks appropriate.5Before publishing a statement under this section the Secretary of State must—alay a draft of the statement before Parliament, andbthen wait until the end of the 40-day period.6The Secretary of State may not publish the statement under this section if, within the 40-day period, either House of Parliament resolves not to approve it.7“The 40-day period” means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).8When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.9In this section “relevant functions relating wholly or mainly to England” means the functions mentioned in section 2(1) so far as they relate to appointment areas wholly or mainly in England.10In subsection (9) “appointment area” means an area for which an appointment is held under Chapter 1 of Part 2.<Addition ChangeId="key-48467d5ab1047fbaa4767ea6f0e408bc-1605464491520" CommentaryRef="key-48467d5ab1047fbaa4767ea6f0e408bc">Strategic priorities and objectives: Wales</Addition>2B1The Welsh Ministers may from time to time publish a statement setting out strategic priorities and objectives for the Authority in carrying out relevant functions relating wholly or mainly to Wales.2The Authority must carry out those functions in accordance with any statement published under this section.3In formulating a statement under this section the Welsh Ministers—amust have regard to the duties imposed on the Authority under section 2,bmust have regard to social and environmental matters, andcmay have regard to such other matters as the Welsh Ministers think fit.4Before publishing a statement under this section, the Welsh Ministers must consult—athe Authority,bthe Council,crelevant undertakers,d water supply licensees,ethe NRBW,fthe Secretary of State,gthe Environment Agency, andhanyone else the Welsh Ministers think appropriate.5Before publishing a statement under this section the Welsh Ministers must—alay a draft of the statement before the Assembly, andbthen wait until the end of the 40-day period.6The Welsh Ministers may not publish the statement under this section if, within the 40-day period, the Assembly resolves not to approve it.7“The 40-day period” means the period of 40 days beginning with the day on which the draft is laid before the Assembly.8When calculating the 40-day period, ignore any period during which the Assembly is dissolved or is in recess for more than 4 days.9In this section “relevant functions relating wholly or mainly to Wales” means the functions mentioned in section 2(1) so far as they relate to appointment areas wholly or mainly in Wales.10In subsection (9) “appointment area” means an area for which an appointment is held under Chapter 1 of Part 2. General environmental and recreational duties.31It shall be the duty of each of the following, that is to say—athe Secretary of State;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cthe Authority; anddevery company holding an appointment as a relevant undertaker,in formulating or considering any proposals relating to any functions of a relevant undertaker (including, in the case of such a company, any functions which, by virtue of that appointment, are functions of the company itself) to comply with the requirements imposed in relation to the proposals by subsections (2) and (3) below.2The requirements imposed by this subsection in relation to any such proposals as are mentioned in subsection (1) above are—aa requirement, so far as may be consistent—iwith the purposes of any enactment relating to the functions of the undertaker; andiiin the case of the Secretary of State and the Authority, with their duties under section 2 above,so to exercise any power conferred with respect to the proposals on the person subject to the requirement as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest and, in the case of the exercise of such a power by a company holding an appointment as a relevant undertaker, as to further water conservation ;ba requirement to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural or historic interest; andca requirement to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.3The requirements imposed by this subsection in relation to any such proposals as are mentioned in subsection (1) above are, subject to the requirements imposed by subsection (2) above—aa requirement to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, moor, heath, down, cliff or foreshore and other places of natural beauty;ba requirement to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; andca requirement to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.4Subsections (1) to (3) above shall apply so as to impose duties on the Authority and any company holding an appointment as a relevant undertaker in relation to any proposal relating to—athe functions of the Environment Agency; ...aathe functions of the NRBW; orbthe functions of an internal drainage board,as they apply in relation to any proposals relating to the functions of such an undertaker; and for the purposes of this subsection the reference in subsection (2)(a) above to the functions of the undertaker shall have effect as a reference to the functions of the Environment Agency , the NRBW, or, as the case may be, of the internal drainage board in question.5Subject to obtaining the consent of any navigation authority, harbour authority or conservancy authority before doing anything which causes navigation which is subject to the control of that authority to be obstructed or otherwise interfered with, it shall be the duty of every company holding an appointment as a relevant undertaker to take such steps as are—areasonably practicable; andbconsistent with the purposes of the enactments relating to the functions of the undertaker in question,for securing, so long as that company has rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.6It shall be the duty of a company holding an appointment as a relevant undertaker, in determining what steps to take in performance of any duty imposed by virtue of subsection (5) above, to take into account the needs of persons who are chronically sick or disabled.7The obligations under this section of a company holding an appointment as a relevant undertaker shall be enforceable under section 18 below by the Secretary of State.8Nothing in this section or the following provisions of this Act shall require recreational facilities made available by a relevant undertaker to be made available free of charge.9References in this section to the functions of a relevant undertaker shall be construed, without prejudice to section 156(7) below, as if those functions included the management, by a company holding an appointment as such an undertaker, of any land for the time being held by that company for any purpose whatever (whether or not connected with the carrying out of the functions of a relevant undertaker).10In this section “building” includes structure. Environmental duties with respect to sites of special interest.41Where Natural England or the NRBW are of the opinion that any area of land in England or, as the case may be, in Wales—ais of special interest by reason of its flora, fauna or geological or physiographical features; andbmay at any time be affected by schemes, works, operations or activities of a relevant undertaker,Natural England or (as the case may be) the NRBW shall notify the fact that the land is of special interest for that reason to every relevant undertaker whose works, operations or activities may affect the land.2Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—ais land in relation to which the matters for the purposes of which section 3 above has effect are of particular importance; andbmay at any time be affected by schemes, works, operations or activities of a relevant undertaker,the National Park authority or Broads Authority shall notify the fact that the land is such land, and the reasons why those matters are of particular importance in relation to the land, to every relevant undertaker whose works, operations or activities may affect the land.3Where a relevant undertaker has received a notification under subsection (1) or (2) above with respect to any land, that undertaker shall consult the notifying body before carrying out any works, operations or activities which appear to that undertaker to be likely—ato destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; orbsignificantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.4Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to Natural England, the NRBW, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.5The obligations under this section of a relevant undertaker shall be enforceable under section 18 below by the Secretary of State.6In this section—“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988; . . .. . .and section 3(9) above shall apply, as it applies in relation to that section, for construing (in accordance with section 6 below) any references in this section to a relevant undertaker. Codes of practice with respect to environmental and recreational duties.51The Secretary of State may by order approve any code of practice issued (whether by him or by another person) for the purpose of—agiving practical guidance to relevant undertakers with respect to any of the matters for the purposes of which sections 3 and 4 above have effect; andbpromoting what appear to him to be desirable practices by such undertakers with respect to those matters,and may at any time by such an order approve a modification of such a code or withdraw his approval of such a code or modification.2A contravention of a code of practice as for the time being approved under this section shall not of itself constitute a contravention of any requirement imposed by section 3 or 4 above or give rise to any criminal or civil liability; but the Secretary of State . . . shall . . . be under a duty to take into account whether there has been or is likely to be any such contravention in determining when and how he should exercise his powers in relation to any relevant undertaker by virtue of this Act, any of the other consolidation Acts or the Water Act 1989.3The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.4The Secretary of State shall not make an order under this section unless he has first consulted—athe Environment Agency and the NRBW;bNatural England ...;cthe Historic Buildings and Monuments Commission for England;dthe Sports Council and the Sports Council for Wales; andesuch relevant undertakers and other persons as he considers it appropriate to consult.5In this section “the other consolidation Acts” means the Water Resources Act 1991, ... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS CHAPTER I APPOINTMENTS Making of appointments Appointment of relevant undertakers.61Subject to the following provisions of this Chapter, a company may be appointed—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority,to be the water undertaker or sewerage undertaker for any area of England and Wales.2Without prejudice to the obligation of a company holding an appointment under this Chapter to comply with the conditions of its appointment, the appointment of a company to be the water undertaker or sewerage undertaker for any area shall have the effect, while the appointment remains in force—aof requiring the company to perform any duty imposed by or under any enactment on an undertaker of the relevant description (that is to say, a water undertaker or, as the case may be, sewerage undertaker);bof authorising the company, for the purposes of, or in connection with, the carrying out of any of the functions of an undertaker of the relevant description, to exercise any power conferred by or under any enactment on an undertaker of that description;cof requiring enactments and subordinate legislation authorising or requiring anything to be done in relation to an undertaker of the relevant description to be construed as authorising or requiring that thing to be done in relation to that company; anddof requiring other references in any enactment or subordinate legislation to an undertaker of the relevant description, or to the area of that undertaker, to be construed, so far as necessary for the purposes of, or in connection with, the carrying out by that company of the functions of an undertaker of that description, as references to that company or, as the case may be, to that area.3The appointment of a company to be a relevant undertaker shall be by service on the company of an instrument in writing containing the appointment and describing the area for which it is made.4A single instrument may contain the appointment of a company to be the sewerage undertaker for an area and the appointment of the same company to be the water undertaker for the whole or any part of that area or for an area which includes the whole or any part of that area.5A company shall not be appointed to be a water undertaker or a sewerage undertaker unless it is a limited company ...5AA company shall not be appointed to be a relevant undertaker if it is a water supply licensee or sewerage licensee.6As soon as practicable after making an appointment under this Chapter, the Secretary of State shall send a copy of the appointment to the Authority. Continuity of appointments, replacement appointments <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>71It shall be the duty of the Secretary of State to secure that such appointments are made under this Chapter as will ensure that for every area of England and Wales there is at all times both—aa company holding an appointment under this Chapter as water undertaker; andbwhether or not the same company in relation to the whole or any part of that area, a company holding an appointment as sewerage undertaker.2Subject to the following provisions of this section—athe Secretary of State; andbwith the consent of or in accordance with a general authorisation given by the Secretary of Statethe Authority,shall have power, by notice to a company holding an appointment under this Chapter, to terminate the appointment or to vary the area to which it relates.3The appointment of a company to be a water undertaker or sewerage undertaker shall not be terminated or otherwise cease to relate to or to any part of any area except with effect from the coming into force of such appointments and variations replacing that company as a relevant undertaker as secure either-athat another company becomes the water undertaker or, as the case may be, sewerage undertaker for that area or part or for an area that includes that area or part; orbthat two or more companies each become the water undertaker or, as the case may be, sewerage undertaker for one of a number of different areas that together constitute or include that area or part.4An appointment or variation replacing a company as a relevant undertaker shall not be made in relation to the whole or any part of the area to which that company’s appointment as water undertaker or, as the case may be, sewerage undertaker relates except where—athat company consents to the appointment or variation;bthe appointment or variation relates only to parts of that area none of the premises in which is served by that company;bbthe appointment or variation relates only to parts of that area and the conditions mentioned in subsection (5) below are satisfied in relation to each of the premises in those parts which are served by that company; orcthe appointment or variation is made in such circumstances as may be set out for the purposes of this paragraph in the conditions of that company’s appointment.5The conditions are that—athe premises are, or are likely to be, supplied with not less than the following quantity of water in any period of twelve months:iif the area of the relevant undertaker concerned is wholly or mainly in Wales, 250 megalitres;iiin all other cases, 50 megalitres ; andbthe person who is the customer in relation to the premises consents in writing to the appointment or variation.6The Secretary of State may, after consulting the Authority, make regulations amending subsection (5)(a) above by substituting, for the quantity of water for the time being specified there, such smaller quantity as he considers appropriate. Procedure with respect to appointments and variations.81An application for an appointment or variation replacing a company as a relevant undertaker shall be made in such manner as may be prescribed.2Within fourteen days after making an application under this section, the applicant shall—aserve notice of the application on— ithe existing appointee,iiif the application relates to the replacement of a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,iiiif the application relates to the replacement of a water undertaker whose area is wholly or mainly in Wales, 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,ivthe appropriate agency, andvevery local authority whose area includes the whole or any part of the area to which the application relates; andbpublish a copy of the notice in such manner as may be prescribed.3Before making an appointment or variation replacing a company as a relevant undertaker, the Secretary of State or the Authority shall give notice—astating that it proposes to make the appointment or variation;bstating the reasons why it proposes to make the appointment or variation; andcspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed appointment or variation may be made.4A notice under subsection (3) above shall be given—aby publishing the notice in such manner as the Secretary of State or, as the case may be, the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the making of the proposed appointment or variation; andbby serving a copy of the notice on— ithe existing appointee,iiif the proposed appointment or variation would replace a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,iiiif the proposed appointment or variation would replace a water undertaker whose area is wholly or mainly in Wales, 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,ivthe appropriate agency, andvevery local authority whose area includes the whole or any part of the area to which the proposed appointment or variation relates.5As soon as practicable after making an appointment or variation replacing a company as a relevant undertaker, the Secretary of State or the Authority shall—aserve a copy of the appointment or variation on the existing appointee; andbserve notice of the making of the appointment or variation on— iif the appointment or variation replaces a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,iiif the appointment or variation replaces a water undertaker whose area is wholly or mainly in Wales, 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,iiithe appropriate agency, andivevery local authority whose area includes the whole or any part of the area to which the appointment or variation relates,and as soon as practicable after exercising any power to vary the area to which an appointment under this Chapter relates, the Secretary of State shall send a copy of the variation to the Authority.6In this section “the existing appointee”, in relation to an appointment or variation replacing a company as a relevant undertaker, means the company which is replaced in relation to the whole or any part of the area to which the appointment or variation relates or, where there is more than one such company, each of them.6AIn this section “the appropriate agency”, in relation to the replacement of a relevant undertaker, means—athe Environment Agency, if the undertaker's area is wholly in England;bthe NRBW, if the undertaker's area is wholly in Wales;cboth the Environment Agency and the NRBW, if the undertaker's area is partly in England and partly in Wales.7The Secretary of State may by regulations impose such additional procedural requirements as he considers appropriate for any case where the conditions mentioned in section 7(5) above are required to be satisfied in relation to an application for an appointment or variation replacing a company as a relevant undertaker. Duties affecting making of appointments and variations.91Before making an appointment or variation replacing a company as a relevant undertaker, the Secretary of State or the Authority shall consider any representations or objections which have been duly made in pursuance of the notice under section 8(3) above and have not been withdrawn.2Before making an appointment or variation replacing a company as a relevant undertaker, the Secretary of State shall consult the Authority.3In determining whether to make an appointment or variation by virtue of section 7(4)(b) or (bb) above in relation to any part of an area, the Secretary of State or, as the case may be, the Authority shall have regard, in particular, to any arrangements made or expenditure incurred by the existing appointee for the purpose of enabling premises in that part of that area to be served by that appointee.4It shall be the duty of the Secretary of State or, as the case may be, of the Authority—ain making an appointment or variation replacing a company as a relevant undertaker; andbwhere it makes such an appointment or variation, in determining what provision is to be made with respect to the fixing by the new appointee of any water or drainage charges,to ensure, so far as may be consistent with its duties under Part I of this Act, that the interests of the members and creditors of the existing appointee are not unfairly prejudiced as respects the terms on which the new appointee could accept transfers of property, rights and liabilities from the existing appointee.5In this section—“existing appointee”, in relation to an appointment or variation replacing a company as a relevant undertaker in relation to any area or part of an area, means the company which is replaced by that appointment or variation;“new appointee”, in relation to such an appointment or variation, means the company which by virtue of the appointment or variation becomes a relevant undertaker for the area or part of an area in question;“water or drainage charges” meansacharges in respect of any services provided in the course of the carrying out of the functions of a water undertaker or sewerage undertaker; orbamounts of any other description which such an undertaker is authorised by or under any enactment to require any person to pay.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Transitional provision with respect to replacement appointments.</Substitution>101Schedule 2 to this Act shall have effect for enabling provision to be made with respect to cases in which a company is replaced by another as a relevant undertaker by an appointment or variation under this Chapter.2Subsections (3) to (4) below apply where, by such an appointment or variation, one company (“the new undertaker”) is to replace another company as a relevant undertaker, but the appointment or variation has not come into force.3The following provisions of this Act shall (except where they are inapplicable to the kind of undertaker in question) apply in relation to the new undertaker as if the appointment or variation had come into force—asections 18 to 24 and Schedule 3;bsections 32 to 35;csection 155 and Schedule 9;dsections 156, 158 to 161 and 163 to 167 and Schedule 11;esections 168 to 171, 173, 174, 178 to 180 and Schedule 12;fsections 181 to 183 and Schedule 13;gsections 184 to 188 and Schedule 14;hsections 189 to 192, 197 to 200, 202, 203, 206, 208, 209, 211, 212 and 217.3ATo 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.4Such of the conditions imposed on the new undertaker under section 11 below as the Authority may specify in a written notice given by it to the undertaker shall have effect, in relation to the operation of any provision mentioned in subsection (3) above before the appointment or variation comes into force, as if the appointment or variation had come into force.5The Secretary of State may by regulations amend subsection (3) above by adding to, removing or modifying references to provisions of this Act.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Conditions of appointments</Substitution> Power to impose conditions.111An appointment under this Chapter may include—asuch conditions as appear to the Secretary of State or, as the case may be, the Authority to be requisite or expedient having regard to the duties imposed on him or it by Part I of this Act;bconditions for the purposes of section 7(4)(c) above; andcconditions requiring the rendering to the Secretary of State of a payment on the making of an appointment, or payments while such an appointment is in force, or both, of such amount or amounts as may be determined by or under the conditions.2Conditions may be included by virtue of subsection (1)(a) above in an appointment under this Chapter whether or not they are connected with the supply of water, the provision of sewerage services or the exercise or performance of any power or duty conferred or imposed by or under any enactment on water undertakers or sewerage undertakers.3Conditions included in an appointment under this Chapter may contain provision for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions.4Any provision included by virtue of subsection (3) above in an appointment under this Chapter shall have effect in addition to the provision made by this Chapter with respect to the modification of the conditions of an appointment.5For the purposes of this Act where the same instrument contains an appointment of the same company to be both a water undertaker and a sewerage undertaker (whether or not for the same area), all the conditions included in that instrument by virtue of this section shall have effect, irrespective of their subject-matter, as conditions of both appointments.6Where an instrument of appointment has been served under subsection (3) of section 6 above on any company, the coming into force of the appointment for the purposes specified in subsection (2) of that section shall not be affected by any contravention of the requirements of this Act with respect to the provision contained by way of conditions of appointment in that instrument.7If the Secretary of State considers it appropriate to do so in consequence of any legal proceedings with respect to any such provision as is mentioned in subsection (6) above, he may by order made by statutory instrument direct that such conditions as may be specified in the order are to be treated as included in the appointment in question until there is an opportunity for the provision to which the proceedings relate to be replaced by virtue of any of the other provisions of this Chapter.8Any sums received by the Secretary of State in consequence of the provisions of any condition of an appointment under this Chapter shall be paid into the Consolidated Fund. Determinations under conditions of appointment.121Without prejudice to the generality of paragraph (a) of section 11(1) above, conditions included in an appointment by virtue of that paragraph may—arequire the appointed company to comply with any direction given by the Authority as to such matters as are specified in the appointment or are of a description so specified; andbrequire the appointed company, except in so far as the Authority consents to the company’s doing or not doing them, not to do or to do such things as are specified in the appointment or are of a description so specified.2Without prejudice as aforesaid, such conditions may provide for the reference to and determination by—athe Secretary of State or the Authority; orbon a reference by the Authority, the CMA,of such questions arising under the appointment and of such other matters, including (in the case of references to the CMA ) disputes as to determinations by the Authority, as are specified in the appointment or are of a description so specified.3Where any question or other matter falls to be determined by the CMA in pursuance of a provision contained in an appointment under this Chapter—ait shall be the duty of the Authority, on being required to do so by the company holding that appointment, to refer that question or matter to the CMA; andbit shall be the duty of the CMA to determine any question or other matter referred by virtue of paragraph (a) above in accordance with—i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iithe principles which apply, by virtue of Part I of this Act, in relation to determinations under this Chapter by the Authority.3AFor the purposes of subsection (3) above, where—athe question or matter referred to the CMA concerns the review of a price control imposed on the company holding the appointment; andbthe CMA is to decide to what extent it is reasonable to take into account in its determination costs incurred or borne by the company in connection with the reference,the CMA shall also have regard to the extent to which, in its view, its determination is likely to support the company’s (rather than the Authority's) claims in relation to the question or matter referred to it.3BSubsections (4) and (5) of section 14, and sections 14A and 14B, below apply to references to the CMA under this section as they apply to references under section 14.3CA report of the CMA on a reference under this section—ashall be made to the Authority; andbshall include definite conclusions on the questions or other matters comprised in the reference, together with such an account of their reasons for those conclusions as, in the opinion of the CMA , is expedient for facilitating a proper understanding of those questions or other matters and of their conclusions,and subsections (5) and (6) of section 15 below apply to such a report as they apply to a report on a reference under section 14.3DThe functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 14B).4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Modification of appointment conditions: England</Addition></Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Modification by the Authority</Addition></Substitution>12A1This section and sections 12B to 12I apply in relation to a company appointed under this Chapter whose area is wholly or mainly in England.2The Authority may make modifications of the conditions of the company’s appointment under this Chapter.3Before making any modifications under this section, the Authority must give notice—astating that it proposes to make modifications,bsetting out the proposed modifications and their effect,cstating the reasons why it proposes to make the modifications, anddspecifying the time within which representations with respect to the proposed modifications may be made.4That time must not be less than 42 days from the date of publication of the notice.5A notice under subsection (3) must be given—aby publishing the notice in a way the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the modifications, andbby sending a copy of it to—ieach company holding an appointment under this Chapter the conditions of which the Authority proposes to modify,iiany other company holding an appointment under this Chapter, any water supply licensee and any sewerage licensee, whose interests the Authority considers are likely to be materially affected by the modifications,iiithe Secretary of State,ivany person whose functions are or include representing those within sub-paragraph (i) or (ii) in respect of interests of theirs that the Authority considers are likely to be materially affected by the modifications, andvthe Consumer Council for Water.6The Authority must consider any representations which are duly made.7If, within the time specified under subsection (3)(d), the Secretary of State directs the Authority not to make a modification, the Authority must comply with the direction.8Subsections (9) to (11) apply where, having complied with subsections (3) to (6), the Authority decides to proceed with making modifications.9The Authority must—apublish the decision and the modifications in a way the Authority considers appropriate for bringing them to the attention of persons likely to be affected by the modifications,bstate the effect of the modifications,cstate how it has taken account of any representations duly made, anddstate the reason for any differences between the modifications and those set out in the notice under subsection (3).10Each modification has effect from the date specified by the Authority in relation to that modification (subject to the giving of a direction under paragraph 2 of Schedule 2ZA).11The date specified may not be less than 56 days from publication of the decision to make the modification (except as provided in section 12B).<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Modification of conditions of appointment: early effective date</Addition></Substitution>12B1The date specified by virtue of section 12A(10) in relation to a modification under that section may be less than 56 days from the publication of the decision to make the modification if—athe Authority considers it necessary or expedient for the modification to have effect before the 56 days expire, andbthe consultation condition is satisfied.2The consultation condition is that the notice under section 12A relating to the modification—astated the date from which the Authority proposed that the modification should have effect,bstated the Authority’s reasons for proposing that the modification should have effect from a date less than 56 days from the decision to modify, andcexplained why, in the Authority’s view, that would not have a material adverse effect on any person holding an appointment under this Chapter.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Modifications of conditions under section 12A: supplementary</Addition></Substitution>12C1This section applies where under section 12A the Authority modifies the conditions of any appointment under this Chapter.2The Authority may make such incidental or consequential modifications of the conditions of any appointments as it considers necessary or expedient.3The modification of a condition of an appointment has effect subject to the giving of a direction under paragraph 2 of Schedule 2ZA in relation to the decision to which the modification relates.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Appeal to the CMA</Addition></Substitution>12D1An appeal lies to the CMA against a decision by the Authority to proceed with the modification under section 12A of a condition of an appointment under this Chapter.2An appeal may be brought under this section only by—aa company holding an appointment under this Chapter the conditions of which the Authority has decided to modify,bany other company holding an appointment under this Chapter, any water supply licensee or any sewerage licensee, whose interests are materially affected by the decision,ca person whose functions are or include representing those within paragraph (a) or (b) in respect of interests of theirs which are materially affected by the decision, ordthe Consumer Council for Water.3The permission of the CMA is required for the bringing of an appeal under this section.4The CMA may refuse permission only on one of the following grounds—ain relation to an appeal brought by a company, water supply licensee or sewerage licensee within subsection (2)(b), that the interests of the company or licensee are not materially affected by the decision;bin relation to an appeal brought by a person within subsection (2)(c), that the interests of the person represented are not materially affected by the decision;cin relation to any appeal, that the appeal is brought for reasons that are trivial or vexatious, or has no reasonable prospect of success.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Procedure on appeal to CMA</Addition></Substitution>12E1Schedule 2ZA makes provision about the procedure for appeals under section 12D.2Except where specified otherwise in that Schedule, the functions of the CMA with respect to an appeal under section 12D are to be carried out by a group constituted for that purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Determination by CMA of appeal</Addition></Substitution>12F1This section applies to an appeal brought under section 12D.2In determining an appeal, the CMA must have regard, to the same extent as is required of the Authority, to—athe Authority’s duties under section 2, andbthe Authority’s strategic priorities and objectives as set out in a statement under section 2A.3In determining the appeal the CMA—amay have regard to any matter to which the Authority was not able to have regard in relation to the decision which is the subject of the appeal, butbmust not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.4The CMA may allow the appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—athat the Authority failed properly to have regard to any matter mentioned in subsection (2),bthat the Authority failed to give appropriate weight to any matter mentioned in subsection (2),cthat the decision was based, wholly or partly, on an error of fact,dthat the modifications fail to achieve, in whole or in part, the effect stated by the Authority by virtue of section 12A(9)(b),ethat the Authority did not follow the procedure required by sections 12A to 12C, orfthat the decision was otherwise wrong in law.5To the extent that the CMA does not allow the appeal, it must confirm the decision appealed against.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">CMA’s powers on allowing an appeal</Addition></Substitution>12G1Where the CMA allows an appeal under section 12D to any extent, it must do one or both of the following—aquash the decision (to the extent that the appeal is allowed);bremit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA.2A direction under subsection (1) must not require the Authority to do anything that it would not have power to do (apart from the direction).3The Authority must comply with a direction given to it under that subsection.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Time limits for CMA to determine an appeal</Addition></Substitution>12H1The CMA must determine an appeal within the period of 4 months beginning with the permission date, unless subsection (2) applies.2This subsection applies where—athe CMA has received representations on the timing of the determination from a party to the appeal, andbit is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1).3Where subsection (2) applies, the CMA must determine an appeal within the period specified by it, not being longer than the period of 5 months beginning with the permission date.4Where subsection (2) applies, the CMA must also—ainform the parties to the appeal of the time limit for determining the appeal, andbpublish that time limit in a way it considers appropriate to bring it to the attention of any other persons likely to be affected by the determination.5References in this section to the permission date are to the date on which the CMA gave permission to bring the appeal in accordance with section 12D(3).6In this section and in section 12I any reference to a party to an appeal is to be read in accordance with Schedule 2ZA.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-81e4211560e1d1d6de14fbc2a7b4eacb-1643890616913" CommentaryRef="key-81e4211560e1d1d6de14fbc2a7b4eacb">Determination of appeal by CMA: supplementary</Addition></Substitution>12I1A determination by the CMA on an appeal—amust be contained in an order made by the CMA;bmust set out the reasons for the determination;ctakes effect at the time specified in the order or determined in accordance with provision made in the order;dmust be notified by the CMA to the parties to the appeal;emust be published by the CMA—ias soon as reasonably practicable after the determination is made;iiin a way the CMA considers appropriate to bring it to the attention of any person likely to be affected by it (other than a party to the appeal).2The CMA may exclude from publication any information it is satisfied is—acommercial information, the disclosure of which would, or in the CMA’s opinion might, significantly harm the legitimate business interests of an undertaking to which it relates, orbinformation relating to the private affairs of an individual, the disclosure of which would, or in the CMA’s opinion might, significantly harm the individual’s interests.3The Authority must take such steps as it considers requisite for it to comply with an order of the CMA under subsection (1)(a).4The steps must be taken—aif a time is specified in (or is to be determined in accordance with) the order, within that time;bin any other case, within a reasonable time.5Section 12C applies where a condition of a licence is modified in accordance with section 12G as it applies where a condition of a licence is modified under section 12A.<Addition ChangeId="key-74c6b52c589fb5aaa45c765d21efd8fe-1746709821098" CommentaryRef="key-74c6b52c589fb5aaa45c765d21efd8fe">Modification by the Secretary of State: special administration orders</Addition>12J1This section applies in relation to a company appointed under this Chapter whose area is wholly or mainly in England.2The Secretary of State may make modifications of the conditions of the company’s appointment so that they include conditions requiring or enabling the company—ato modify the charges it imposes on any persons to whom it provides services in the course of carrying out its functions so as to raise such amounts as may be determined by or under the conditions, andbto pay the amounts so raised to the Secretary of State for the purpose of making good any SAO loss.3In subsection (2) “SAO loss” means so much of any loss or expense—awhich is incurred by the Secretary of State (whether before or after the coming into force of this section) in the giving of relevant financial assistance, andbwhich the Secretary of State does not expect (apart from the exercise of the powers under this section) to recover.4In subsection (3) “relevant financial assistance” means financial assistance of any description given under section 153 in connection with a special administration order made in respect of—athe company whose appointment is modified, orbany other company which holds or held an appointment under this Chapter and whose area is or was wholly or mainly in England.5Sums received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund.6A condition of appointment included under subsection (2)(b) may require amounts to be held on trust pending their payment to the Secretary of State.7The reference in subsection (3)(a) to loss or expense incurred in the giving of relevant financial assistance includes loss or expense incurred as a result of, or otherwise in connection with, the giving of the assistance.8The power of the Secretary of State to modify under this section the conditions of a company’s appointment includes power to make such incidental or consequential modifications of the conditions of any appointments under this Chapter as the Secretary of State considers necessary or expedient.<Addition ChangeId="key-74c6b52c589fb5aaa45c765d21efd8fe-1746709821098" CommentaryRef="key-74c6b52c589fb5aaa45c765d21efd8fe">Modifications under section 12J: procedural requirements</Addition>12K1Before making any modifications under section 12J, the Secretary of State must give notice—astating that the Secretary of State proposes to make the modifications,bsetting out the proposed modifications and their effect,cstating the reasons why the Secretary of State proposes to make the modifications, anddspecifying the time within which representations with respect to the proposed modifications may be made.2That time must not be less than 42 days from the date of publication of the notice.3A notice under subsection (1) must be given—aby publishing the notice in a way the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by the modifications, andbby sending a copy of it to—ieach company holding an appointment under this Chapter the conditions of which the Secretary of State proposes to modify,iiany other company holding an appointment under this Chapter, any water supply licensee and any sewerage licensee, whose interests the Secretary of State considers are likely to be materially affected by the modifications,iiithe Authority,ivany person whose functions are or include representing those within sub-paragraph (i) or (ii) in respect of interests of theirs that the Secretary of State considers are likely to be materially affected by the modifications, andvthe Council.4The Secretary of State must consider any representations which are duly made.5If after complying with subsections (1) to (4) the Secretary of State decides to proceed with making the modifications, the Secretary of State must—apublish the decision and the modifications in a way the Secretary of State considers appropriate for bringing them to the attention of persons likely to be affected by the modifications,bstate the effect of the modifications,cstate how the Secretary of State has taken account of any representations duly made, anddstate the reason for any differences between the modifications and those set out in the notice under subsection (1).6Each modification has effect from the date specified by the Secretary of State in relation to that modification.7The date specified may not be less than 56 days from publication of the decision to make the modification, unless—athe Secretary of State considers it necessary or expedient for the modification to have effect before the 56 days expire, andbthe consultation condition is satisfied.8The consultation condition is that the notice under subsection (1) relating to the modification stated—athe date from which the Secretary of State proposed that the modification should have effect,bthe Secretary of State’s reasons for proposing that the modification should have effect from a date less than 56 days from the decision to modify, andcwhy, in the Secretary of State’s view, that would not have a material adverse effect on any person holding an appointment under this Chapter. <Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Substitution ChangeId="key-fd222f23aa5ea815f7abc20e0afd7acd-1643890411984" CommentaryRef="key-fd222f23aa5ea815f7abc20e0afd7acd">Modification of appointment conditions: Wales</Substitution></Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Modification by agreement.</Substitution>13A1This section and sections 14 to 16B apply in relation to a company appointed under this Chapter whose area is wholly or mainly in Wales.1Subject to the following provisions of this section, the Authority may modify the conditions of a company’s appointment under this Chapter if the company consents to the modifications.2Before making modifications under this section, the Authority shall give notice—astating that it proposes to make the modifications and setting out their effect;bstating the reasons why it proposes to make the modifications; andcspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.3A notice under subsection (2) above shall be given—aby 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 modifications; andbby serving a copy of the notice on the company and on the Secretary of State.4The Authority shall not under this section make any modifications which the Secretary of State has, within the time specified in the notice under subsection (2) above, directed the Authority not to make.5The Secretary of State shall not give a direction under subsection (4) above in relation to any modification unless—athe modification is a modification of provision contained in the appointment for the purposes of section 7(4)(c) above;bthe modification is a modification of a provision of the appointment which relates to the disposal of, or of interests or rights in or over, a company’s protected land and is stated in the appointment to be a provision which cannot be modified; orcit appears to the Secretary of State that the modification should be made, if at all, under section 16 below.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Modification references to </Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Substitution ChangeId="key-d05ed4cbe95f88c135f3361fc7590872-1604090350299" CommentaryRef="key-d05ed4cbe95f88c135f3361fc7590872">CMA</Substitution></Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7">.</Substitution>141The Authority may make to the CMA a reference which is so framed as to require the CMA to investigate and report on the questions—awhether any matters which—irelate to the carrying out of any function which is a function of any company by virtue of an appointment of that company under this Chapter; andiiare specified in the reference,operate, or may be expected to operate, against the public interest; andbif so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the company’s appointment.2The Authority, at any time, by notice given to the CMA vary a reference under this section by—aadding to the matters specified in the reference; orbexcluding from the reference some or all of the matters so specified;and on receipt of any such notice the CMA shall give effect to the variation.3The Authority may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—aany effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; andbany modifications of the conditions of any appointment mentioned in the reference or variation by which, in his opinion, those effects could be remedied or prevented.4As soon as practicable after making a reference under this section or a variation of such a reference, the Authority shall—aserve a copy of the reference or variation on the company whose appointment is mentioned in the reference or variation; andbpublish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.5It shall be the duty of the Authority, for the purpose of assisting the CMA in carrying out an investigation on a reference under this section or in carrying out functions under section 16A below, to give to the CMA —aany information in his possession which relates to matters falling within the scope of the investigation or the carrying out of those functions, and which is either—irequested by the CMA for that purpose; oriiinformation which, in its opinion, it would be appropriate for that purpose to give to the CMA without any such request;andbany other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters;and the CMA, for the purpose of carrying out any such investigation or such functions, shall take account of any information given to them for that purpose under this subsection.6In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the CMA shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Authority by Part I of this Act.6AThe functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="d29p2085" CommentaryRef="c19749481"> References under section 14: time limits</Addition></Substitution>14A1Every reference under section 14 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.2A report of the CMA on a reference under section 14 above shall not have effect (and no action shall be taken in relation to it under section 16 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by The Authority under subsection (3) below.3The Authority may, if it has received representations on the subject from the CMA and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.4No more than one extension is possible under subsection (3) above in relation to the same reference.5The Authority shall, in the case of an extension made by it under subsection (3) above—apublish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; andbsend a copy of what has been published by him under paragraph (a) above to the company whose appointment is mentioned in the reference.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="d29p2085" CommentaryRef="c19749481"> References under section 14: powers of investigation</Addition></Substitution>14B1The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (1A), (2) and (3) below, for the purposes of references under section 14 above as they applied immediately before that date for the purposes of references under that Part—asection 109 (attendance of witnesses and production of documents etc.);bsection 110 (enforcement of powers under section 109: general);csection 111 (penalties);dsection 112 (penalties: main procedural requirements);esection 113 (payments and interest by instalments);fsection 114 (appeals in relation to penalties);gsection 115 (recovery of penalties); andhsection 116 (statement of policy).1ASection 109 shall, in its application by virtue of subsection (1) above, have effect as if—afor subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 14 of the Water Industry Act 1991., andbsubsection (8A) were omitted.2Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—asubsection (2) were omitted; ...aaafter subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; andbin subsection (9) the words from “or section” to “section 65(3))” were omitted.3Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—iiif earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period..4Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) above, have effect in relation to those sections as applied by virtue of that subsection as those provisions had effect immediately before that date.5Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.6In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Reports on modification references.</Substitution>151In making a report on a reference under section 14 above, the CMA —ashall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as, in their opinion, is expedient for facilitating a proper understanding of those questions and of their conclusions;bwhere they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; andcwhere they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of a company’s appointment under this Chapter, shall specify in the report modifications by which those effects could be remedied or prevented.1AFor the purposes of section 16 below, a conclusion contained in a report of the CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference.1BIf a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 14 above as the conclusions of the CMA, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the CMA on a reference under section 14 above.3AIn making any report on a reference under section 14 above the CMA must have regard to the following considerations before disclosing any information.3BThe first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.3CThe second consideration is the need to exclude from disclosure (so far as practicable)—acommercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, orbinformation relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.3DThe third consideration is the extent to which the disclosure of the information mentioned in subsection (3C)(a) or (b) above is necessary for the purposes of the report.4A report of the CMA on a reference under section 14 above shall be made to the Authority.5Subject to subsection (6) below, the Authority—ashall, on receiving such a report, send a copy of it to the company to whose appointment under this Chapter the report relates and to the Secretary of State; andbshall, not less than fourteen days after that copy is received by the Secretary of State, publish another copy of that report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.6If it appears to the Secretary of State that the publication of any matter in such a report would be against the public interest or the commercial interests of any person, he may, before the end of the period of fourteen days mentioned in paragraph (b) of subsection (5) above, direct the Authority to exclude that matter from every copy of the report to be published by virtue of that paragraph; and the Director shall comply with any such direction.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Modification following report.</Substitution>161Where a report of the CMA on a reference under section 14 above—aincludes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;bspecifies effects adverse to the public interest which those matters have or may be expected to have;cincludes conclusions to the effect that those effects could be remedied or prevented by modifications of the conditions of a company’s appointment under this Chapter; anddspecifies modifications by which those effects could be remedied or prevented,the Authority shall, subject to the following provisions of this section, make such modifications of the conditions of that appointment as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.2Before making modifications under this section, the Authority shall have regard to the modifications specified in the report.3Before making modifications under this section, the Authority shall give notice—astating that he proposes to make the modifications and setting out their effect;bstating the reasons why he proposes to make the modifications; andcspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.4A notice under subsection (3) above shall be given—aby publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; andbby serving a copy of the notice on the company whose appointment it is proposed to modify.4AAfter considering any representations or objections made in response to proposals set out in a notice under subsection (3) above, the Authority shall give notice to the CMA—asetting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; andbstating the reasons for making the modifications.4BThe Authority shall include with the notice under subsection (4A) above a copy of any representations or objections received in relation to the notice under subsection (3) above.4CIf the period of four weeks from the date on which the notice under subsection (4A) above is given elapses without a direction under section 16A(1)(a) below having been given to it, the Authority shall—amake the modifications set out in the notice; orbif a direction under section 16A(1)(b) below has been given, make the modifications which are not specified in the direction.5The Authority shall not under this section make any modification of any provisions of a company’s appointment under this Chapter which—aare contained in that appointment for the purposes of section 7(4)(c) above; orbbeing provisions relating to the disposal of, or of interests or rights in or over, a company’s protected land, are stated in the appointment to be provisions which cannot be modified. <Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="d29p2547" CommentaryRef="c19758841"><Substitution ChangeId="key-c7ae2f2f74af87c2e60173f29398f41c-1604091257084" CommentaryRef="key-c7ae2f2f74af87c2e60173f29398f41c">CMA's</Substitution></Addition></Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="d29p2547" CommentaryRef="c19758841"> power of veto following report</Addition></Substitution>16A1 The CMA may, within the period of four weeks after the date on which it is given a notice under section 16(4A) above, direct the Authority—anot to make the modifications set out in that notice; orbnot to make such of the modifications as may be specified in the direction;and the Authority shall comply with any such direction.2The Secretary of State may, within the period of four weeks after the date on which the CMA is given a notice under section 16(4A) above and on the application of the CMA, direct that the period for giving a direction under subsection (1) above (and, accordingly, the period mentioned in section 16(4C) above) shall be extended by fourteen days.3The power to give a direction under subsection (1) above may only be exercised in respect of such of the modifications set out in the notice under section 16(4A)(a) above as appear to the CMA not to be the modifications which are requisite for the purpose of remedying or preventing all or any of the adverse effects specified in the report as effects which could be remedied or prevented by modifications.4If the CMA gives a direction under subsection (1) above, it—ashall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; andbshall itself make such modifications as appear to it to be requisite for the purpose of remedying or preventing—iif the direction was given under subsection (1)(a) above, the adverse effects specified in the report as effects which could be remedied or prevented by modifications;iiif the direction was given under subsection (1)(b) above, such of those adverse effects as are not remedied or prevented by the modifications made by the Authority under section 16(4C)(b) above.5In exercising its power under subsection (4)(b) above, the CMA shall have regard to the matters to which the Authority is required to have regard when determining the conditions of a company’s appointment.6Before making modifications under subsection (4)(b) above the CMA shall give notice—astating that it proposes to make the modifications and setting them out;bstating the reason why it proposes to make them;cspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.7A notice under subsection (4)(a) or (6) above shall be given—aby publishing the notice in such manner as the CMA considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; andbby serving a copy on the Authority and the company whose conditions of appointment it is proposed should be modified.8The CMA may not make any modification under this section which the Authority could not make under section 16 above.9After making modifications under this section the CMA shall publish a notice stating that the modifications have been made and setting them out, with the reasons for making them.10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Addition ChangeId="d29p2547" CommentaryRef="c19758841"><Substitution ChangeId="key-b854411fb735687b739b630fc4b53498-1604091485178" CommentaryRef="key-b854411fb735687b739b630fc4b53498">CMA's</Substitution></Addition><Addition ChangeId="d29p2547" CommentaryRef="c19758841"> power of veto following report: supplementary</Addition>16B1For the purposes of the law relating to defamation, absolute privilege attaches to any notice under subsection (4)(a), (6) or (9) of section 16A above.2In giving any notice under subsection (4)(a) or (6) of section 16A above, or publishing any notice under subsection (9) of that section, the CMA must have regard to the following considerations before disclosing any information.3The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.4The second consideration is the need to exclude from disclosure (so far as practicable)—acommercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates; orbinformation relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.5The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) above is necessary for the purposes of the notice.6The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (6A), (7) and (8) below, for the purposes of any investigation by the CMA for the purposes of the exercise of its functions under section 16A above, as they applied immediately before that date for the purposes of any investigations on references under that Part—asection 109 (attendance of witnesses and production of documents etc);bsection 110 (enforcement of powers under section 109: general);csection 111 (penalties);dsection 112 (penalties: main procedural requirements);esection 113 (payments and interest by instalments);fsection 114 (appeals in relation to penalties);gsection 115 (recovery of penalties); andhsection 116 (statement of policy).6ASection 109 shall, in its application by virtue of subsection (6) above, have effect as if—afor subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 16A of the Water Industry Act 1991., andbsubsection (8A) were omitted.7Section 110 shall, in its application by virtue of subsection (6) above, have effect as if—asubsection (2) were omitted;bafter subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under section 16A(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction has been given by the CMA under section 16A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; andcin subsection (9) the words from “or section” to “section 65(3))” were omitted.8Section 111(5)(b) shall, in its application by virtue of subsection (6) above, have effect as if for sub-paragraph (ii) there were substituted—iiif earlier, the day on which a notice is published by the CMA under section 16A(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction is given by the CMA under section 16A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period.9Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (6) above, have effect in relation to those sections as applied by virtue of that subsection as those provisions had effect immediately before that date.10Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.11In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.<Addition ChangeId="key-eed91a56e3034351df7a51db5d4d836e-1746709892709" CommentaryRef="key-eed91a56e3034351df7a51db5d4d836e">Modification by the Welsh Ministers: special administration orders</Addition>16C1This section applies in relation to a company appointed under this Chapter whose area is wholly or mainly in Wales.2The Welsh Ministers may make modifications of the conditions of the company’s appointment so that they include conditions requiring or enabling the company—ato modify the charges it imposes on any persons to whom it provides services in the course of carrying out its functions so as to raise such amounts as may be determined by or under the conditions, andbto pay the amounts so raised to the Welsh Ministers for the purpose of making good any SAO loss.3In subsection (2) “SAO loss” means so much of any loss or expense—awhich is incurred by the Welsh Ministers (whether before or after the coming into force of this section) in the giving of relevant financial assistance, andbwhich the Welsh Ministers do not expect (apart from the exercise of the powers under this section) to recover.4In subsection (3) “relevant financial assistance” means financial assistance of any description given under section 153 in connection with a special administration order made in respect of—athe company whose appointment is modified, orbany other company which holds or held an appointment under this Chapter and whose area is or was wholly or mainly in Wales.5A condition of appointment included under subsection (2)(b) may require amounts to be held on trust pending their payment to the Welsh Ministers.6The reference in subsection (3)(a) to loss or expense incurred in the giving of relevant financial assistance includes loss or expense incurred as a result of, or otherwise in connection with, the giving of the assistance.7The power of the Welsh Ministers to modify under this section the conditions of a company’s appointment includes power to make such incidental or consequential modifications of the conditions of any appointments under this Chapter as the Welsh Ministers consider necessary or expedient.<Addition ChangeId="key-eed91a56e3034351df7a51db5d4d836e-1746709892709" CommentaryRef="key-eed91a56e3034351df7a51db5d4d836e">Modifications under section 16C: procedural requirements</Addition>16D1Before making any modifications under section 16C, the Welsh Ministers must give notice—astating that they propose to make the modifications,bsetting out the proposed modifications and their effect,cstating the reasons why they propose to make the modifications, anddspecifying the time within which representations with respect to the proposed modifications may be made.2That time must not be less than 42 days from the date of publication of the notice.3A notice under subsection (1) must be given—aby publishing the notice in a way the Welsh Ministers consider appropriate for bringing it to the attention of persons likely to be affected by the modifications, andbby sending a copy of it to—ieach company holding an appointment under this Chapter the conditions of which the Welsh Ministers propose to modify,iiany other company holding an appointment under this Chapter, any water supply licensee and any sewerage licensee, whose interests the Welsh Ministers consider are likely to be materially affected by the modifications,iiithe Authority,ivany person whose functions are or include representing those within sub-paragraph (i) or (ii) in respect of interests of theirs that the Welsh Ministers consider are likely to be materially affected by the modifications, andvthe Council.4The Welsh Ministers must consider any representations which are duly made.5If after complying with subsections (1) to (4) the Welsh Ministers decide to proceed with making the modifications, the Welsh Ministers must—apublish the decision and the modifications in a way they consider appropriate for bringing them to the attention of persons likely to be affected by the modifications,bstate the effect of the modifications,cstate how the Welsh Ministers have taken account of any representations duly made, anddstate the reason for any differences between the modifications and those set out in the notice under subsection (1).6Each modification has effect from the date specified by the Welsh Ministers in relation to that modification.7The date specified may not be less than 56 days from publication of the decision to make the modification, unless—athe Welsh Ministers consider it necessary or expedient for the modification to have effect before the 56 days expire, andbthe consultation condition is satisfied.8The consultation condition is that the notice under subsection (1) relating to the modification stated—athe date from which the Welsh Ministers proposed that the modification should have effect,bthe Welsh Ministers’ reasons for proposing that the modification should have effect from a date less than 56 days from the decision to modify, andcwhy, in the Welsh Ministers’ view, that would not have a material adverse effect on any person holding an appointment under this Chapter.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"><Addition ChangeId="key-a89f8bdb73191be8b8a20198b1e863f8-1643890919734" CommentaryRef="key-a89f8bdb73191be8b8a20198b1e863f8">Modification of appointment conditions: England and Wales</Addition></Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Modification by order under other enactments.</Substitution>171Where the CMA or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may, subject to subsection (3), also provide for the modification of the conditions of a company’s appointment under this Chapter to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.2In subsection (1) above “relevant order” means—aan order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—ione or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was carried on by a relevant undertaker; oriione or more than one of the enterprises which will or may cease to be distinct enterprises is carried on by a relevant undertaker; orban order under section 160 or 161 of the 2002 Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition is—ithe structure or an aspect of the structure of a market for the supply of goods or services by a relevant undertaker; oriithe conduct of a relevant undertaker or of customers of a relevant undertaker.3No modification shall be made by virtue of this section of any provisions of a company’s appointment under this Chapter which—aare contained in that appointment for the purposes of section 7(4)(c) above; orbbeing provisions relating to the disposal of, or of interests or rights in or over, a company’s protected land, are stated in the appointment to be provisions which cannot be modified.4Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.CHAPTER 1A <Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-3caa8b1dcc311c364ddb9378f1d6c4c2-1613248237249" CommentaryRef="key-3caa8b1dcc311c364ddb9378f1d6c4c2">Water supply licences and sewerage licences</Substitution></Addition><Emphasis><Addition ChangeId="d29p2936" CommentaryRef="c19901781">Granting of licences</Addition></Emphasis><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-380d33d5f05e859589750506d1aa19a2-1605647217616" CommentaryRef="key-380d33d5f05e859589750506d1aa19a2">Water supply licences</Substitution></Addition>17A1The Authority may grant to a person a licence in respect of the use of the supply system of a water undertaker (a “water supply licence”).2A water supply licence may give the holder of the licence one or more of the following authorisations and combination of authorisations—aa retail authorisation;ba wholesale authorisation;ca restricted retail authorisation;da restricted retail authorisation and a supplementary authorisation.3Schedule 2A makes provision as to the authorisations (including their operation in England and Wales).4In the case of each of the authorisations, an authorisation to do a thing is an authorisation to do it in accordance with Chapter 2A of Part 3.5The Authority may exercise the power to grant a water supply licence only in accordance with a general authorisation given by the Secretary of State.6Before giving a general authorisation as regards the Authority, the Secretary of State must consult the Welsh Ministers.7References in this Act to a water supply licensee are references to a person that is the holder for the time being of a water supply licence.<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-380d33d5f05e859589750506d1aa19a2-1605647665483" CommentaryRef="key-380d33d5f05e859589750506d1aa19a2">Water supply licences: restrictions on grants</Addition></Addition>17AA1Before the Authority grants a water supply licence giving a wholesale authorisation, it must consult—athe Secretary of State;bthe Chief Inspector of Drinking Water;cthe Environment Agency;dthe NRBW.2Before the Authority grants a water supply licence giving a supplementary authorisation, it must consult—athe Secretary of State;bthe Chief Inspector of Drinking Water;cthe Environment Agency;dthe Welsh Ministers;ethe Chief Inspector of Drinking Water for Wales if there is one;fthe NRBW.3A water supply licence may not be granted to a water undertaker.4A water supply licence may not be granted to a person unless that person is a limited company.5The restriction in subsection (4) does not apply if the water supply licence gives only—aa retail authorisation,ba restricted retail authorisation, orca retail authorisation and a restricted retail authorisation.<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-e2869977f1e5a51c6758bc7675a402cc-1620744251786" CommentaryRef="key-e2869977f1e5a51c6758bc7675a402cc">Meaning of supply system</Substitution></Addition>17B1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4AIn this Chapter, references to the supply system of a water undertaker are, in the case of an undertaker whose area is wholly or mainly in England, references to the system comprising the following—aany reservoirs and other places of storage and any treatment works developed or maintained by the water undertaker for the purpose of complying with its duty under section 37, andbany water mains and other pipes which it is the water undertaker's duty to develop and maintain by virtue of section 37.5In this Chapter, references to the supply system of a water undertaker are , in the case of an undertaker whose area is wholly or mainly in Wales, to the system comprising the following—aany water mains and other pipes which it is the water undertaker’s duty to develop and maintain by virtue of section 37 below and which are used for the purpose of conveying water from the undertaker’s treatment works to the premises of customers; andbany water mains and other pipes which—iare used by the undertaker for the purpose of conveying non-domestic water from any of its sources to the premises of customers; andiiare not connected to any water mains or pipes falling within paragraph (a) above or to any water mains or other pipes connected to the treatment works mentioned in that paragraph (whether directly or indirectly),and in sub-paragraph (i) above the reference to non-domestic water is to water supplied other than for domestic or food production purposes.6In subsection (5)(a) above, the reference to treatment works is a reference to the works designated from time to time by the Secretary of State as treatment works for the purposes of this subsection.7Before designating any works for the purposes of subsection (6) above, the Secretary of State shall consult the Assembly.8A list of any works designated for the purposes of subsection (6) above shall be published from time to time by the Secretary of State in such manner as he considers appropriate for the purpose of bringing the designations to the attention of persons likely to be affected by them.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-f5643082717fc78125339fb629078167-1605722498403" CommentaryRef="key-f5643082717fc78125339fb629078167">Sewerage licences</Addition></Addition>17BA1The Authority may grant to a person a licence in respect of the use of the sewerage system of a sewerage undertaker whose area is wholly or mainly in England (a “sewerage licence”).2A sewerage licence may give the holder of the licence one or more of the following—aa retail authorisation;ba wholesale authorisation;ca disposal authorisation.3Schedule 2B makes provision as to the authorisations.4In the case of each of the authorisations, an authorisation to do a thing is an authorisation to do it in accordance with Chapter 2A of Part 4.5The Authority may exercise the power to grant a sewerage licence only in accordance with a general authorisation given by the Secretary of State.6References in this Act to a sewerage licensee are references to a person that is the holder for the time being of a sewerage licence.7References in this Chapter to the sewerage system of a sewerage undertaker are references to the system comprising—athe system of public sewers, the facilities for emptying public sewers and the sewage disposal works and other facilities for dealing effectually with the contents of public sewers that the undertaker is required to provide by section 94, andbthe lateral drains that the undertaker is required to maintain by section 94.<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-f5643082717fc78125339fb629078167-1605722498403" CommentaryRef="key-f5643082717fc78125339fb629078167">Sewerage licences: restrictions on grants</Addition></Addition>17BB1The Authority must consult the Secretary of State, the Environment Agency and the NRBW before granting a licence that gives—aa wholesale authorisation, orba disposal authorisation.2A sewerage licence granted to a sewerage undertaker may not give the holder—aa retail authorisation, orba wholesale authorisation.3A sewerage licence may not be granted to a person unless that person is a limited company.4The restriction in subsection (3) does not apply if the sewerage licence gives only a retail authorisation.<Addition ChangeId="d29p2936" CommentaryRef="c19901781">Meaning of household premises</Addition>17C1For the purposes of paragraphs 4 and 7(a) of Schedule 2A and paragraph 2 of Schedule 2B, “household premises” means premises in which, or in any part of which, a person has his home.2The fact that a person has his home in, or in part of, any premises does not mean that the premises are household premises unless the principal use of the premises is as a home.3The Secretary of State may by regulations make provision as to—athe circumstances in which a person is or is not to be treated as having his home in, or in part of, any premises for the purposes of this section; andbthe factors which are, or are not, to be taken into account in determining the principal use of any premises for those purposes.4The power to make regulations under subsection (3) above is exercisable by the Assembly (and not by the Secretary of State) in relation to premises supplied with water using the supply system of a water undertaker whose area is wholly or mainly in Wales.<Addition ChangeId="d29p2936" CommentaryRef="c19901781">The threshold requirement</Addition>17D1This section applies for the purpose of construing the reference to the threshold requirement in paragraph 7(b) of Schedule 2A in relation to the supply of water to any premises in accordance with a restricted retail authorisation.2The requirement is that, at the time when the water supply licensee first enters into an undertaking with a customer to give the supply, the total quantity of water estimated to be supplied to the premises annually pursuant to the undertaking is not less than— a5 megalitres, in the case of premises supplied with water using the supply system of a water undertaker whose area is wholly or mainly in England, andb50 megalitres, in the case of premises supplied with water using the supply system of a water undertaker whose area is wholly or mainly in Wales.3Any estimate of the quantity of water to be supplied to any premises for the purposes of subsection (2) above shall be made in accordance with guidance issued from time to time by the Authority with the approval of the Welsh Ministers.4Any guidance issued under subsection (3) above may, in particular—aspecify—ithe factors to be, and not to be, taken into account;iithe assumptions to be made; andiiithe method of calculation to be employed,in making estimates; andbmake provision as to the commencement of the annual periods by reference to which estimates are to be made.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 The Welsh Ministers may make provision by regulations as to the circumstances in which a water supply licensee is not, for the purposes of subsection (2) above, to be treated as entering into an undertaking with a new customer to give a supply of water to any premises ....8 The Welsh Ministers may by regulations amend subsection (2) above by substituting, for the quantity of water for the time being specified there, a different quantity of water ....9Regulations under subsection (8) above—ashall include provision for the amendment made by the regulations not to apply in relation to any undertaking entered into before the date on which the regulations come into force; andbmay include provision for that amendment not to apply in relation to any undertaking which is proposed, but not entered into, before that date.10A statutory instrument containing regulations under subsection (8) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.11Before making regulations under subsection (8) above, the Welsh Ministers shall consult—athe Authority; andbsuch other persons (if any) as the Welsh Ministers think it appropriate to consult.12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-111e2831abe5d5c537b8f278c3ce7535-1605723298009" CommentaryRef="key-111e2831abe5d5c537b8f278c3ce7535">Guidance</Addition></Addition>17DAThe Authority must publish guidance issued from time to time under—asection 17D(3),bparagraph 10 of Schedule 2A, orcparagraph 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.<Addition ChangeId="d29p2936" CommentaryRef="c19901781">Determinations by the Authority</Addition>17E1The Authority may determine, in a case referred to it by—aa water supply licensee or a potential customer of a water supply licensee, orba 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.2The matters which the Authority may determine include the following matters—athe extent of the premises to be supplied for the purposes of paragraph 4 or 7(a) or (b) of Schedule 2A;aathe extent of the premises to be served for the purposes of paragraph 2 of Schedule 2B;bwhether the premises to be supplied or served are household premises (as defined in section 17C above); andcwhether the threshold requirement is satisfied in relation to the premises to be supplied (construed in accordance with section 17D above),and also include any other matter the determination of which is relevant to those matters.<Addition ChangeId="d29p2936" CommentaryRef="c19901781">Procedure for granting water supply </Addition><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-1827422fad5757b39c46fa6077c7ddd6-1612986392414" CommentaryRef="key-1827422fad5757b39c46fa6077c7ddd6">and sewerage</Addition></Addition><Addition ChangeId="d29p2936" CommentaryRef="c19901781"> licences</Addition>17F1The Authority must determine for each type of relevant application that may be made—athe form and manner in which an application is to be made;bthe information it is to contain;cthe documents that are to accompany it;dthe fee that is to accompany it.1AThe fees may be different in different circumstances.1BThe Authority may make a new determination as to a matter referred to in subsection (1).1CThe Authority must publish a notice of what it has determined under subsection (1) or (1B) in such manner as it thinks appropriate for bringing the determination to the attention of those affected by the determination.1DFor the purposes of subsection (1) a relevant application is an application for—athe grant of a water supply or sewerage licence giving a particular authorisation or combination of authorisations;bthe variation of a water supply or sewerage licence so that it gives—ia particular authorisation only, oriia particular combination of authorisations.1EA person making a relevant application must comply with such provisions of a notice published under subsection (1C) as relate to the application.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4If ... the Authority proposes to refuse a relevant application, ... it shall give to the applicant a notice—astating that ... it proposes to refuse the application;bstating the reasons why ... it proposes to refuse the application; andcspecifying the time within which representations or objections with respect to the proposed refusal may be made,and shall consider any representations or objections which are duly made and not withdrawn.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6A licence shall be in writing and, unless revoked or suspended in accordance with any condition contained in it, shall continue in force for such period as may be specified in or determined by or under the licence.7As soon as practicable after granting a licence or variation of a licence, ... the Authority shall serve a copy of the licence or licence as varied—aon the licence holder;bon the Assembly;con the Chief Inspector of Drinking Water;don the Environment Agency;daon the NRBW;eon the Council;fon each relevant undertaker;gon each water supply licensee and sewerage licensee (other than the holder of the licence in question);h. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i... on the Secretary of State.8Any sums received ... by the Authority by virtue of this section shall be paid into the Consolidated Fund.<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-aba9acec0763d6cba746a268cb1dc26b-1605642268359" CommentaryRef="key-aba9acec0763d6cba746a268cb1dc26b">Applications forwarded by the Water Industry Commission for Scotland</Addition></Addition>17FA1The Secretary of State may by regulations make provision about—atreating a 2005 Act application for the grant of a water services licence under section 6 of the 2005 Act as being also an application under section 17F for the grant of a water supply licence giving only a retail authorisation or a restricted retail authorisation or both;btreating a 2005 Act application for the grant of a sewerage services licence under section 6 of the 2005 Act as being also an application under section 17F for the grant of a sewerage licence giving only a retail authorisation.2The regulations may in particular make provision about—athe circumstances in which, and the conditions subject to which, a 2005 Act application is to be treated as an application under section 17F for a water supply or sewerage licence giving a particular authorisation or particular authorisations;bthe time at which an application is to be treated as having been made;cthe processing of an application by the Authority.3Provision under subsection (2)(a) may require a 2005 Act application that is forwarded to the Authority—ato contain, or to be accompanied by, such information or information of such description as is specified by the regulations;bto be accompanied by such documents or documents of such descriptions as are specified by the regulations;cto be accompanied by a fee, or a fee of a description, specified by the regulations.4In this section and section 17FB—“the 2005 Act” means the Water Services etc. (Scotland) Act 2005;“2005 Act application” means an application under paragraph 1 of Schedule 2 to the 2005 Act.<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-aba9acec0763d6cba746a268cb1dc26b-1605642268359" CommentaryRef="key-aba9acec0763d6cba746a268cb1dc26b">Applications forwarded to the Water Industry Commission for Scotland</Addition></Addition>17FB1If the conditions in subsection (2) are satisfied, the Authority must—aforward to the Commission a copy of an application under section 17F for the grant of a water supply licence or sewerage licence, andbsend to the Commission such information and such fee as appear to the Authority to be required in order that the application may be treated by the Commission as a 2005 Act application for the grant of—ia water services licence under section 6 of the 2005 Act, oriia sewerage services licence under section 6 of the 2005 Act, as the case may be.2The conditions are that—athe Authority is requested to do so by the applicant;bthe application under section 17F appears to the Authority to be an application that would be treated by the Commission as a 2005 Act application for the grant of—ia water services licence under section 6 of the 2005 Act, oriia sewerage services licence under section 6 of the 2005 Act, as the case may be;cthe applicant has given the Authority—isuch information as is mentioned in subsection (1)(b), andiia means of sending to the Commission such fee as is mentioned in subsection (1)(b).3The Authority must—aforward a copy of the application, andbsend such information and fee as are mentioned in subsection (1)(b),before the end of the agreed period for an application of that description.4In this section—“the agreed period”, in relation to an application under section 17F of a particular description, means the period agreed between the Authority and the Commission as the period applying to an application of that description for the purposes of subsection (3);“the Commission” means the Water Industry Commission for Scotland.<Emphasis><Addition ChangeId="d29p2936" CommentaryRef="c19901781">Licence conditions</Addition></Emphasis><CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-32b8e385a09c42c942446aaa3b51a188-1605732805627" CommentaryRef="key-32b8e385a09c42c942446aaa3b51a188">Licence conditions</Substitution></Addition>17G1 A licence under this Chapter may include—asuch conditions as appear to ... the Authority to be requisite or expedient having regard to the duties imposed on ... it by Part 1 of this Act;bconditions requiring the rendering to the Authority of a payment on the grant of a licence under this Chapter, or payments while such a licence is in force, or both, of such amount or amounts as may be determined by or under the conditions.2Conditions may be included by virtue of subsection (1)(a) above in a water supply licence whether or not they are connected with the supply of water or the introduction of water into a water undertaker’s supply system.2AConditions may be included by virtue of subsection (1)(a) in a sewerage licence whether or not they are connected with—aeffectual dealing with the contents of sewers, orbthe use of the sewerage system of a sewerage undertaker.3Conditions included in a licence under this Chapter may—arequire the holder of the licence to comply with any direction given by a specified relevant person as to specified matters or matters which are of a specified description;brequire the holder of the licence to do or not to do specified things or things which are of a specified description, except in so far as a specified relevant person consents to the holder’s not doing or doing them; andcprovide for the reference to and determination by a specified relevant person of specified questions, or questions which are of a specified description, which arise under or in connection with the licence.4For the purposes of subsection (3) above—athe following are relevant persons—ithe Secretary of State;iithe Authority;iii so far as subsection (3) applies to water supply licences, the Assembly;ivthe Environment Agency; ...vthe NRBW; andb“specified” means specified in the licence in question.5Conditions included in a licence under this Chapter may contain provision for the conditions to have effect, cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined in accordance with the conditions.6Any such condition as is referred to in subsection (5) above shall have effect in addition to the provision made by this Chapter with respect to the modification of the conditions of a licence.7Any sums received by the Authority by virtue of this section shall be paid into the Consolidated Fund.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781">Standard conditions of water supply licences</Addition>17H1The Secretary of State may determine the conditions that are to be the standard conditions of water supply licences granted by the Authority.1ABefore 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.1BThe Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate.2The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate.3The 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).4The standard conditions for the purposes of water supply licences giving any particular authorisation or combination of authorisations may contain provision—afor 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;bfor 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; andcfor 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.5Subject to subsection (6) below, each condition which is a standard condition shall be incorporated by reference in each water supply licence (or in each such licence to which the standard condition applies).6Subject 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 ... it considers requisite to meet the circumstances of a particular case.7Before excluding any standard conditions or making any modifications under subsection (6) above, ... the Authority shall give notice—astating that ... it proposes to exclude the conditions or make the modifications and setting out the effect of so doing;bstating the reasons why ... it proposes to exclude the conditions or make the modifications; andcspecifying the time (not being less than twenty-eight 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 shall consider any representations or objections which are duly made and not withdrawn.8A notice under subsection (7) above shall be given—aby 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; andbby serving a copy of the notice—iif 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;iion the Chief Inspector of Drinking Water;iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iv... on the Secretary of State.von the Water Industry Commission for Scotland.9If, within the time specified in the notice under subsection (7) above, the Secretary of State (after consulting the Welsh Ministers in a case where notice was served on them under subsection (8)(b)(i)) directs the Authority not to exclude or modify any standard condition, the Authority shall comply with the direction.10The ... Authority shall not exclude any conditions, or make any modifications, under subsection (6) above unless ... it is of the opinion that the exclusions or modifications are such that—athe licence holder would not be unduly disadvantaged in competing with other holders of water supply licences; andbno other holder of a water supply licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence).11The modification under subsection (6) above of part of a standard condition shall not prevent any other part of the condition from continuing to be treated as a standard condition for the purposes of this Chapter.<Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Addition ChangeId="key-2e3a7b230f1112860dbf04759cd5ff72-1605723487541" CommentaryRef="key-2e3a7b230f1112860dbf04759cd5ff72">Standard conditions of sewerage licences</Addition></Addition>17HA1The Secretary of State may determine the conditions that are to be the standard conditions of sewerage licences granted by the Authority.2The Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate.3The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate.4The 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).5The standard conditions for the purposes of sewerage licences giving any particular authorisation or combination of authorisations may contain provision—afor 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;bfor 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; andcfor 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.6Subject 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).7Subject 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.8Before excluding any standard conditions or making any modifications under subsection (7), the Authority must give notice—astating that the Authority proposes to exclude the conditions or make the modifications and setting out the effect of so doing;bstating the reasons why the Authority proposes to exclude the conditions or make the modifications; andcspecifying 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.9A notice under subsection (8) must be given—aby 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; andbby serving a copy of the notice—ion the Secretary of State;iion the Environment Agency;iiion the NRBW;ivon the Water Industry Commission for Scotland.10If, 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.11The 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—athe licence holder would not be unduly disadvantaged in competing with other holders of sewerage licences; andbno 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).12The 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.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-4e6fa4d8dee60829afe324045b5414d4-1613151489276" CommentaryRef="key-4e6fa4d8dee60829afe324045b5414d4">Modification of licences by agreement</Substitution></Addition>17I1Subject to the following provisions of this section, the Authority may modify the conditions of— aa particular water supply licence, orba particular sewerage licence.2The Authority may not make any modifications under this section unless the licence holder has consented to the modifications and, in the case of standard conditions of the licence, the Authority is of the opinion that the modifications—aare requisite to meet the circumstances of the particular case; andbare such that—ithe licence holder would not be unduly disadvantaged in competing with other holders of water supply licences or, as the case may be, sewerage licences; andiino other holder of a water supply licence or, as the case may be, a sewerage licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified).3Before making modifications under this section, the Authority shall give notice—astating that it proposes to make the modifications and setting out their effect;bstating the reasons why it proposes to make the modifications; andcspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.4A notice under subsection (3) above shall be given—aby 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 modifications; andbby serving a copy of the notice on—ithe licence holder;iithe Council;iiithe Secretary of State;iv if the notice relates to a water supply licence, the Assembly; andvthe Chief Inspector of Drinking Water.5If, within the period specified in the notice under subsection (3) above, the Secretary of State ... directs the Authority not to make any modification, the Authority shall comply with the direction.5AThe Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.6The modification under this section of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-5077cc9fc20d05bc209043407b5dc62d-1613047068212" CommentaryRef="key-5077cc9fc20d05bc209043407b5dc62d">Modification of standard conditions</Substitution></Addition>17J1Subject to the following provisions of this section, the Authority may modify— athe standard conditions of water supply licences, orbthe standard conditions of sewerage licences.1AModifications may relate to—astandard conditions contained in all water supply licences or sewerage licences, orbstandard conditions contained in those water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations.2Where at any time the Authority modifies the standard conditions of water supply licences or sewerage licences under this section the Authority may make such incidental or consequential modifications as it considers necessary or expedient of any conditions of any licence so affected.3Before making any modifications under this section, the Authority shall give notice—astating that it proposes to make the modifications and setting out their effect;bstating the reasons why it proposes to make the modifications; andcspecifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.4A notice under subsection (3) above shall be given—aby 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 modifications; andbby serving a copy of the notice on—ieach relevant licence holder;iithe Council;iiithe Secretary of State;iv if the notice relates to a water supply licence, the Assembly; andvthe Chief Inspector of Drinking Water.5If, within the time specified in the notice under subsection (3) above, the Secretary of State ... directs the Authority not to make any modification, the Authority shall comply with the direction.5AThe Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.6The Authority may not under this section make any modifications of the standard conditions of water supply licences or sewerage licences unless—ano notice of objection to those modifications is given by any relevant licence holder to the Authority within the time specified in the notice under subsection (3) above;bif one or more relevant licence holders give notice of objection to the Authority within that time—ithe proportion (expressed as a percentage) of the relevant licence holders who have given notice of objection is less than such percentage as may be specified in an order made by statutory instrument by the Secretary of State; andiithe percentage given by subsection (7) below is less than such percentage as may be so specified; orcsubsection (8) below applies to the case.7The percentage given by this subsection is the proportion (expressed as a percentage) of the relevant licence holders who have given notice of objection, weighted according to their market share at such time and in such manner as may be specified in an order under subsection (6) above.8This subsection applies where the Authority is satisfied that—athe effect of the standard conditions is such as to impose a burden affecting relevant licence holders in the carrying on of activities to which the modifications relate;bthe modifications would remove or reduce the burden without removing any necessary protection; andcthe modifications are such that no holder of a water supply licence or, as the case may be, a sewerage licence would be unduly disadvantaged in competing with other holders of such licences.9An order under subsection (6) above may include such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.10Before making an order under subsection (6) above in relation to the standard conditions of water supply licences, the Secretary of State shall consult the Assembly.11A statutory instrument containing an order under subsection (6) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.12Where the Authority modifies the standard conditions of water supply licences or sewerage licences, the Authority shall—aalso make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in water supply licences or, as the case may be, sewerage licences granted after that time; andbpublish the modifications in such manner as it considers appropriate. 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.13In this section “relevant licence holder”, in relation to proposed modifications of standard conditions of water supply licences or sewerage licences or of such of those licences as grant a particular authorisation or combination of authorisations, means the holder of a licence of that description—awhich is to be modified under the proposals by the inclusion of any new standard condition; orbwhich includes any standard conditions to which the proposals relate, other than standard conditions which are not in effect (by virtue of anything done under section 17H(4) above) at the time specified in the notice under subsection (3) above.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-7c08a0ee82e8db5be5333646d1d39d69-1612987046134" CommentaryRef="key-7c08a0ee82e8db5be5333646d1d39d69">Modification references to competition authority</Substitution></Addition>17K1The Authority may make to the CMA a reference which is so framed as to require the CMA to investigate and report on the questions—awhether any matters which—irelate to the carrying on of activities authorised or regulated by a particular water supply or sewerage licence; andiiare specified in the reference,operate, or may be expected to operate, against the public interest; andbif so, whether the effects adverse to the public interest which those matters have, or may be expected to have, could be remedied or prevented by modifications of the conditions of the licence.2The Authority may make to the Commission a reference which is so framed as to require the CMA to investigate and report on the questions—awhether any matters which—irelate to the carrying on of activities authorised or regulated by water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations; andiiare specified in the reference,operate, or may be expected to operate, against the public interest; andbif so, whether the effects adverse to the public interest which those matters have, or may be expected to have, could be remedied or prevented by modifications of the standard conditions of licences of that description.3The Authority may, at any time, by notice given to the CMA vary a reference under this section by—aadding to the matters specified in the reference; orbexcluding from the reference some of the matters so specified,and on receipt of any such notice the CMA shall give effect to the variation.4The Authority may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—aany effects adverse to the public interest which, in its opinion, the matters specified in the reference or variation have or may be expected to have; andbany modifications of the relevant conditions by which, in its opinion, those effects could be remedied or prevented.5As soon as practicable after making a reference under this section or a variation of such a reference, the Authority shall—apublish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it; andbserve a copy of the reference or variation on—ithe licence holder or, as the case may be, the relevant licence holders;iithe Council;iiithe Secretary of State;iv in a case relating to a water supply licence or licences, the Assembly; andvthe Chief Inspector of Drinking Water.6If, before the end of the period of twenty-eight days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the CMA—anot to proceed with the reference; orbnot to give effect to the variation,the CMA shall comply with the direction.7It shall be the duty of the Authority, for the purpose of assisting the CMA in carrying out an investigation on a reference under this section or in carrying out functions under section 17P below, to give to the CMA—aany information in the Authority’s possession which relates to matters falling within the scope of the investigation or the carrying out of those functions and which is either—irequested by the CMA for that purpose; oriiinformation which, in the Authority’s opinion, it would be appropriate for that purpose to give to the CMA without any such request; andbany other assistance which the CMA may require, and which it is within the Authority’s power to give, in relation to any such matters,and the CMA, for the purpose of carrying out any such investigation or such functions, shall take account of any information given to it for that purpose under this subsection.8In this section and the following provisions of this Chapter—“relevant conditions”—in relation to a reference under subsection (1) above, means the conditions of the licence to which the reference relates; andin relation to a reference under subsection (2) above, means the standard conditions of the licences to which the reference relates; and“relevant licence holder” means the holder of a licence to which a reference under subsection (2) above relates.9In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the CMA shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Authority by Part 1 of this Act.10The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 17M and 17Q).<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781">References under section 17K: time limits</Addition>17L1Every reference under section 17K above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.2A report of the CMA on a reference under section 17K above shall not have effect (and no action shall be taken in relation to it under section 17O below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Authority under subsection (3) below.3The Authority may, if it has received representations on the subject from the CMA and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.4No more than one extension is possible under subsection (3) above in relation to the same reference.5The Authority shall, in the case of an extension made by it under subsection (3) above—apublish that extension 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; andbsend a copy of what has been published by it under paragraph (a) above to the holder of the licence or, as the case may be, the relevant licence holders.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781">References under section 17K: powers of investigation</Addition>17M1The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (1A), (2) and (3) below, for the purposes of references under section 17K above as they applied immediately before that date for the purposes of references under that Part—asection 109 (attendance of witnesses and production of documents etc);bsection 110 (enforcement of powers under section 109: general);csection 111 (penalties);dsection 112 (penalties: main procedural requirements);esection 113 (payments and interest by instalments);fsection 114 (appeals in relation to penalties);gsection 115 (recovery of penalties); andhsection 116 (statement of policy).1ASection 109 shall, in its application by virtue of subsection (1) above, have effect as if—afor subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 17K of the Water Industry Act 1991., andbsubsection (8A) were omitted.2Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—asubsection (2) were omitted; ...aaafter subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; andbin subsection (9) the words from “or section” to “section 65(3))” were omitted.3Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—iiif earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period..4Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) above, have effect in relation to those sections as applied by virtue of that subsection as those provisions had effect immediately before that date.5Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.6In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-b86b6c9aa16c516dfb4c3c6fbf904587-1613053755483" CommentaryRef="key-b86b6c9aa16c516dfb4c3c6fbf904587">Reports on modification references</Substitution></Addition>17N1In making a report on a reference under section 17K above, the CMA —ashall include in the report definite conclusions on the questions comprised in the reference together with such an account of its reasons for those conclusions as in its opinion is expedient for facilitating a proper understanding of those questions and of its conclusions;bwhere it concludes that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; andcwhere it concludes that any adverse effects so specified could be remedied or prevented by modifications of the relevant conditions, shall specify in the report modifications by which those effects could be remedied or prevented.2For the purposes of section 17O below, a conclusion contained in a report of the CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference.3If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 17K above as the conclusions of the CMA, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.4For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the CMA on a reference under section 17K above.5In making any report on a reference under section 17K above the CMA must have regard to the following considerations before disclosing any information.6The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.7The second consideration is the need to exclude from disclosure (so far as practicable)—acommercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates; orbinformation relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.8The third consideration is the extent to which the disclosure of the information mentioned in subsection (7)(a) or (b) above is necessary for the purposes of the report.9A report of the CMA on a reference under section 17K above shall be made to the Authority.10Subject to subsection (13) below, the Authority shall—aon receiving a report on a reference under section 17K(1) above, serve a copy of it on—ithe licence holder;iithe Council;iiithe Secretary of State; andiv if the report relates to a water supply licence, the Assembly; andbnot earlier than the relevant time, publish another copy of the report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.11Subject to subsection (13) below, the Authority shall—aon receiving a report on a reference under section 17K(2) above, serve a copy of it on—ithe Secretary of State; andii if the report relates to water supply licences, the Assembly; andbnot earlier than the relevant time—iserve another copy on each relevant licence holder; andiinot less than twenty-four hours after complying with sub-paragraph (i) above, publish another copy of the report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.12For the purposes of subsections (10) and (11) above, the “relevant time” means—afourteen days after the copy of the report in question is received by the Secretary of State and , if the report relates to water supply licences, the Assembly, orbif copies are received by them on different days, fourteen days after the later day.13Subsection (14) below applies if it appears to the Secretary of State that the publication of any matter in a report on a reference under section 17K(1) or (2) above would be against—athe public interest; orbthe commercial interests of any person.14The Secretary of State may, not later than the relevant time for the purposes of subsection (10) or (11) above, direct the Authority to exclude that matter from the copy of the report, or (as the case may be) each copy of the report, to be served and published as mentioned in paragraph (b) of that subsection; and the Authority shall comply with any such direction.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-a0cbffad02b650c83d8754db4b79e939-1612983726033" CommentaryRef="key-a0cbffad02b650c83d8754db4b79e939">Modification of licences following report</Substitution></Addition>17O1Where a report of the CMA on a reference under section 17K above—aincludes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;bspecifies effects adverse to the public interest which those matters have or may be expected to have;cincludes conclusions to the effect that those effects could be remedied or prevented by modifications of the relevant conditions; anddspecifies modifications by which those effects could be remedied or prevented,the Authority shall, subject to the following provisions of this section, make such modifications of the relevant conditions as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.2Where at any time it modifies under subsection (1) above— athe standard conditions of water supply licences or sewerage licences, orbthe standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,in consequence of a reference under section 17K(2) above, the Authority may make such incidental or consequential modifications as it considers necessary or expedient of any conditions of licences of that description.3Before making modifications under this section, the Authority shall have regard to the modifications specified in the report.4Before making modifications under this section, the Authority shall give notice—astating that it proposes to make the modifications and setting out their effect;bstating the reasons why it proposes to make the modifications; andcspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.5A notice under subsection (4) above shall be given—aby publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications;bby serving a copy of the notice on the holder of the licence in question or, as the case may be, the relevant licence holders; andcby serving a copy of the notice on—ithe Council;iithe Secretary of State;iiiin a case relating to a water supply licence or licences, the Assembly; andivthe Chief Inspector of Drinking Water.6After considering any representations or objections made in response to proposals set out in a notice under subsection (4) above, the Authority shall give notice to the CMA—asetting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; andbstating the reasons for making the modifications.7The Authority shall include with the notice under subsection (6) above a copy of any representations or objections received in relation to the notice under subsection (4) above.8If the period of four weeks from the date on which the notice under subsection (6) above is given elapses without a direction under section 17P(1)(a) below having been given to it, the Authority shall—amake the modifications set out in the notice; orbif a direction under section 17P(1)(b) below has been given, make the modifications which are not specified in the direction.9The modification under subsection (1) above of part of a standard condition of a particular licence in consequence of a reference under section 17K(1) above shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.10Where at any time it modifies under subsection (1) above the standard conditions of water supply licences or sewerage licences in consequence of a reference under section 17K(2) above, the Authority shall—aalso make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in water supply licences or, as the case may be, sewerage licences granted after that time; andbpublish the modifications made for those purposes in such manner as it considers appropriate. 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. <CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-fdc0cb15c156b0f172a467ae7c62c12a-1613069473665" CommentaryRef="key-fdc0cb15c156b0f172a467ae7c62c12a">Power of veto following report</Substitution></Addition>17P1The CMA may, within the period of four weeks after the date on which it is given a notice under section 17O(6) above, direct the Authority—anot to make the modifications set out in that notice; orbnot to make such of the modifications as may be specified in the direction;and the Authority shall comply with any such direction.2The Secretary of State may—awithin the period of four weeks after the date on which the CMA is given a notice under section 17O(6) above; andbon the application of the CMA ,direct that the period for giving a direction under subsection (1) above (and, accordingly, the period mentioned in section 17O(8) above) shall be extended by fourteen days.3The power to give a direction under subsection (1) above may only be exercised in respect of such of the modifications set out in the notice under section 17O(6)(a) above as appear to the CMA not to be the modifications which are requisite for the purpose of remedying or preventing all or any of the adverse effects specified in the report as effects which could be remedied or prevented by modifications.4If the CMA gives a direction under subsection (1) above, it shall—agive notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; andbmake such modifications itself of the relevant conditions as appear to it to be requisite for the purpose of remedying or preventing—iif the direction was given under subsection (1)(a) above, the adverse effects specified in the report as effects which could be remedied or prevented by modifications;iiif the direction was given under subsection (1)(b) above, such of those adverse effects as are not remedied or prevented by the modifications made by the Authority under section 17O(8)(b) above.5In exercising its power under subsection (4)(b) above the CMA shall have regard to the matters as respects which duties are imposed on the Authority by Part 1 of this Act.6Before making modifications under subsection (4)(b) above the CMA shall give notice—astating that it proposes to make the modifications and setting them out;bstating the reason why it proposes to make them;cspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.7A notice under subsection (4)(a) or (6) above shall be given—aby publishing the notice in such manner as the CMA considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications;bby serving a copy of the notice on—ithe Authority;iithe holder of the licence in question or, as the case may be, the relevant licence holders;iiithe Council;ivthe Secretary of State;v if the reference relates to water supply licences, the Assembly; andvithe Chief Inspector of Drinking Water.8After making modifications under this section the CMA shall publish a notice stating that the modifications have been made and setting them out, with the reasons for making them.9The modification under this section of part of a standard condition of a particular licence in consequence of a reference under section 17K(1) above shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.10Where, in consequence of a reference under section 17K(2) above, the CMA modifies under subsection (4)(b) above— athe standard conditions of water supply licences or sewerage licences, orbthe standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations, the Authority may make such incidental or consequential modifications as it considers necessary or expedient of any conditions of licences of that description. 11Where, in consequence of a reference under section 17K(2) above, the CMA modifies under subsection (4)(b) above the standard conditions of water supply licences or sewerage licences, the Authority shall—amake (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in water supply licences or, as the case may be, sewerage licences granted after that time, andbpublish the modifications made for those purposes in such manner as it considers appropriate. 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. <CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781">Section 17P: supplementary</Addition>17Q1For the purposes of the law relating to defamation, absolute privilege attaches to any notice under subsection (4)(a), (6) or (8) of section 17P above.2In giving any notice under subsection (4)(a) or (6) of section 17P above, or publishing any notice under subsection (8) of that section, the CMA must have regard to the following considerations before disclosing any information.3The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.4The second consideration is the need to exclude from disclosure (so far as practicable)—acommercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates; orbinformation relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.5The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) above is necessary for the purposes of the notice.6The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (6A), (7) and (8) below, for the purposes of any investigation by the CMA for the purposes of the exercise of its functions under section 17P above, as they applied immediately before that date for the purposes of any investigation on references under that Part—asection 109 (attendance of witnesses and production of documents etc);bsection 110 (enforcement of powers under section 109: general);csection 111 (penalties);dsection 112 (penalties: main procedural requirements);esection 113 (payments and interest by instalments);fsection 114 (appeals in relation to penalties);gsection 115 (recovery of penalties); andhsection 116 (statement of policy).6ASection 109 shall, in its application by virtue of subsection (6) above, have effect as if—afor subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 17P of the Water Industry Act 1991., andbsubsection (8A) were omitted.7Section 110 shall, in its application by virtue of subsection (6) above, have effect as if—asubsection (2) were omitted,bafter subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under section 17P(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction has been given by the CMA under section 17P(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; andcin subsection (9) the words from “or section” to “section 65(3))” were omitted.8Section 111(5)(b) shall, in its application by virtue of subsection (6), have effect as if for sub-paragraph (ii) there were substituted—iiif earlier, the day on which a notice is published by the CMA under section 17P(8) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction is given by the CMA under section 17P(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period.9Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (6) above, have effect in relation to those sections as applied by virtue of that subsection as those provisions had effect immediately before that date.10Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.11In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.<CommentaryRef Ref="key-5d9cff2f2600e1fd120ed1aa4403841c"/><CommentaryRef Ref="key-fefe68b9c823e3775c44a2127623105b"/><CommentaryRef Ref="key-a75f04a78aea15854d465ff774704927"/><CommentaryRef Ref="key-0f41f6d7594dacc196fcc59790352357"/><Addition ChangeId="d29p2936" CommentaryRef="c19901781"><Substitution ChangeId="key-6482c81622c68bb64995e0a4c3aa3ed6-1613136907860" CommentaryRef="key-6482c81622c68bb64995e0a4c3aa3ed6">Modification by order under other enactments</Substitution></Addition>17R1Where the CMA or the Secretary of State (the “relevant authority”) makes a relevant order, the order may also provide for the modification of—athe conditions of a particular water supply or sewerage licence,bthe standard conditions of water supply licences or sewerage licences, orcthe standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.2In subsection (1) above “relevant order” means—aan order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—ione or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a water supply licence or sewerage licence; oriione or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a water supply licence or sewerage licence; orban order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to activities authorised or regulated by a water supply licence or sewerage licence.3The modification under subsection (1)(a) above of part of a standard condition of a particular licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.4Where at any time the relevant authority modifies under subsection (1)(b) or (c) above 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, the relevant authority—ashall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that description granted after that time; andbmay, after consultation with the Authority, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of licences of that description granted before that time.5Where at any time the relevant authority modifies standard conditions of water supply licences or sewerage licences under subsection (4)(a) above for the purposes of their incorporation in licences, the relevant authority shall publish those modifications in such manner as the relevant authority considers appropriate.6Expressions used in subsection (2) above and in Part 3 or 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part. CHAPTER II ENFORCEMENT OF INSOLVENCY Enforcement orders Orders for securing compliance with certain provisions.181Subject to subsection (2) and sections 19 and 20 below, where in the case of any company holding an appointment under Chapter I of this Part or any person holding a licence under Chapter 1A of this Part the Secretary of State or the Authority is satisfied—athat that company or that person is contravening—iany condition of the company’s appointment or the person's licence in relation to which he is the enforcement authority; oriiany statutory or other requirement which is enforceable under this section and in relation to which he is the enforcement authority;orbthat that company or that person is likely to contravene any such condition or requirement,he shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.1ASubject to subsection (2) and sections 19 and 20 below, where—ain the case of any company holding an appointment under Chapter 1 of this Part, the Secretary of State or the Authority is satisfied that the company—iis causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a person holding a licence under Chapter 1A of this Part; oriiis likely to cause or contribute to any such contravention; orbin the case of any person holding a licence under Chapter 1A of this Part, the Secretary of State or the Authority is satisfied that the person—iis causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a company holding an appointment under Chapter 1 of this Part; oriiis likely to cause or contribute to any such contravention,he or it shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.2Subject to section 19 below, where in the case of any company holding an appointment under Chapter I of this Part or any person holding a licence under Chapter 1A of this Part—ait appears to the Secretary of State or the Authority as mentioned in paragraph (a) or (b) of subsection (1) or (1A) above; andbit appears to him that it is requisite that a provisional enforcement order be made,he may (instead of taking steps towards the making of a final order) by a provisional enforcement order make such provision as appears to him requisite for the purpose of securing compliance with the condition or requirement in question.3In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional enforcement order be made, the Secretary of State or, as the case may be, the Authority shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of any condition or of any statutory or other requirement enforceable under this section, is likely to be done, or omitted to be done, before a final enforcement order may be made.4Subject to sections 19 and 20 below, where the Secretary of State or the Authority has made a provisional enforcement order, he shall confirm it, with or without modifications, if—ahe is satisfied that the company to which the order relates—iis contravening any condition or statutory or other requirement in relation to which he is the enforcement authority; oriiis likely to contravene any such condition or requirement;oriiiis causing or contributing to a contravention of any such condition or requirement; orivis likely to cause or contribute to any such contravention;andbthe provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.5An enforcement order—ashall require the company to which it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;bshall take effect at such time, being the earliest practicable time, as is determined by or under the order; andcmay be revoked at any time by the enforcement authority who made it.6For the purposes of this section and the following provisions of this Act—athe statutory and other requirements which shall be enforceable under this section in relation to a company holding an appointment under Chapter I of this Part or a person holding a licence under Chapter 1A of this Part shall be such of the requirements of any enactment or of any subordinate legislation as—iare imposed in consequence of that appointment or licence; andiiare made so enforceable by that enactment or subordinate legislation;bthe Authority shall be the enforcement authority in relation to the conditions of an appointment under Chapter I of this Part or of a licence under Chapter 1A of this Part; andcthe enforcement authority in relation to each of the statutory and other requirements enforceable under this section shall be the Secretary of State, the Authority or either of them, according to whatever provision is made by the enactment or subordinate legislation by which the requirement is made so enforceable.7In this section and the following provisions of this Chapter—“enforcement order” means a final enforcement order or a provisional enforcement order;“final enforcement order” means an order under this section other than a provisional enforcement order;“provisional enforcement order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.8Where any act or omission—aconstitutes a contravention of a condition of an appointment under Chapter 1 of this Part or of a condition of a licence under Chapter 1A of this Part or of a statutory or other requirement enforceable under this section; orbcauses or contributes to a contravention of any such condition or requirement,the only remedies for, or for causing or contributing to, that contravention (apart from those available by virtue of this section) shall be those for which express provision is made by or under any enactment and those that are available in respect of that act or omission otherwise than by virtue of its constituting, or causing or contributing to, such a contravention. Exceptions to duty to enforce.191Subject to the Drinking Water (Undertakings) (England and Wales) Regulations 2000 neither the Secretary of State nor the Authority shall be required to make an enforcement order in relation to any person, or to confirm a provisional enforcement order so made, if he is satisfied—athat the contraventions were, or the apprehended contraventions are, of a trivial nature;aathat the extent to which the person caused or contributed to, or was likely to cause or contribute to, a contravention was trivial;bthat the person has given, and is complying with, an undertaking to take all such steps as it appears to him for the time being to be appropriate for the person to take for the purpose of securing or facilitating compliance with the condition or requirement in question; orcthat the duties imposed on him by Part I of this Act preclude the making or, as the case may be, the confirmation of the order.1ABefore making an enforcement order or confirming a provisional enforcement order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.1BThe Authority shall not make an enforcement order or confirm a provisional enforcement order if it considers that it would be more appropriate to proceed under the Competition Act 1998.2The requirement to comply with an undertaking given for the purposes of subsection (1)(b) above shall be treated as a statutory requirement enforceable under section 18 above—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.3Where the Secretary of State or the Authority, having notified a person that he is considering the making in relation to the person of an enforcement order or the confirmation of a provisional enforcement order so made, is satisfied as mentioned in paragraph (a), (aa), (b) or (c) of subsection (1) above or, in the case of the Authority, has decided that it would be more appropriate to proceed under the Competition Act 1998, he shall—aserve notice that he is so satisfied or has so decided on the person;bpublish in such manner as the Secretary of State or the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them—ia copy of the notice, andiiwhere the Secretary of State or the Authority is satisfied as mentioned in paragraph (b) of subsection (1), a summary of the undertaking describing the steps to be taken under it; andcin a case where the Secretary of State is satisfied as mentioned in the said paragraph (b), serve a copy of the notice and of the undertaking given for the purposes of that paragraph on the Authority.3AIn a case where notice under subsection (3)(a) falls to be served by the Welsh Ministers, references to the Secretary of State in subsection (3)(b) are to be read as references to the Welsh Ministers.4The requirements of subsection (3) above shall not apply, in the case of any proposed order or confirmation in respect of a direction under section 208 below, to the extent that the Secretary of State directs that they should not be complied with in the interests of national security. Procedure for enforcement orders.201Before making a final enforcement order under section 18(1) above or confirming a provisional enforcement order in a case in which section 18(4)(a)(i) or (ii) above applies, the Secretary of State or the Authority shall give notice—astating that he proposes to make or confirm the order and setting out the effect of the order;bsetting out—ithe condition or requirement for the purpose of securing compliance with which the order is to be made or confirmed;iithe acts or omissions which, in his opinion, constitute or would constitute contraventions of that condition or requirement; andiiithe other facts which, in his opinion, justify the making or confirmation of the order;andcspecifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,and shall consider any representations or objections which are duly made and not withdrawn.1ABefore making a final enforcement order under section 18(1A) above or confirming a provisional enforcement order in a case in which section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the Authority shall give notice—astating that he or it proposes to make or confirm the order and setting out the effect of the order;bsetting out—ithe condition or requirement for the purposes of securing compliance with which the order is to be made or confirmed;iithe acts or omissions which, in his or its opinion, cause or contribute to or would cause or contribute to the contravention of that condition or requirement; andiiithe other facts which, in his or its opinion, justify the making or confirmation of the order; andcspecifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections to the proposed order or proposed confirmation may be made,and shall consider any representations or objections which are duly made and not withdrawn.2A notice under subsection (1) or (1A) above shall be given—aby publishing the notice in such manner as the Secretary of State or, as the case may be, the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; andbby serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the person to whom the order relates and, where the notice is given by the Secretary of State, on the Authority.3Neither the Secretary of State nor the Authority shall make a final enforcement order with modifications, or confirm a provisional enforcement order with modifications, except—awith the consent to the modifications of the person to whom the order relates; orbafter complying with the requirements of subsection (4) below.4The requirements mentioned in subsection (3) above are that the Secretary of State or, as the case may be, the Authority shall—aserve on the person to whom the order relates such notice as appears to him to be requisite of his proposal to make or confirm the order with modifications;bin that notice specify the period (not being less than twenty-one days from the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; andcconsider any representations or objections which are duly made and not withdrawn.5As soon as practicable after making an enforcement order or confirming a provisional enforcement order, the Secretary of State or, as the case may be, the Authority shall—aserve a copy of the order on the person to whom the order relates and, where this subsection applies in the case of an order made or confirmed by Secretary of State, on the Authority; andbpublish such a copy in such manner as he considers appropriate for the purpose of bringing the order to the attention of persons likely to be affected by it.6Before revoking an enforcement order, other than an unconfirmed provisional order, the Secretary of State or the Authority shall give notice—astating that he proposes to revoke the order and setting out its effect; andbspecifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,and shall consider any representations or objections which are duly made and not withdrawn.7If, after giving a notice under subsection (6) above, the Secretary of State or the Authority decides not to revoke the order to which the notice relates, he shall give notice of that decision.8A notice under subsection (6) or (7) above shall be given—aby publishing the notice in such manner as the Secretary of State or, as the case may be, the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; andbby serving a copy of the notice on the person to whom the order relates and, where the notice is given by the Secretary of State, on the Authority.9The requirements of the preceding provisions of this section shall not apply, in the case of any order in respect of a contravention of a direction under section 208 below, to the extent that the Secretary of State directs that they should not be complied with in the interests of national security. Validity of enforcement orders.211If the person to whom an enforcement order relates is aggrieved by the order and desires to question its validity on the ground—athat its making or confirmation was not within the powers of section 18 above; orbthat any of the requirements of section 20 above have not been complied with in relation to it,the person may, within forty-two days from the date of service on it of a copy of the order, make an application to the High Court under this section.2On any such application the High Court may, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the person have been substantially prejudiced by a failure to comply with those requirements, quash the order or any provision of the order.3Except as provided by this section, the validity of an enforcement order shall not be questioned in any legal proceedings whatsoever. Effect of enforcement order.221The obligation to comply with an enforcement order shall be a duty owed to any person who may be affected by a contravention of the order.2Where a duty is owed by virtue of subsection (1) above to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit of that person.3In any proceedings brought against any person in pursuance of subsection (2) above, other than proceedings in respect of so much of a contravention of any order as consists in a breach of the duty imposed by virtue of section 68(1)(a) or (1A)(a) below, it shall be a defence for the person to show that the person took all reasonable steps and exercised all due diligence to avoid contravening the order.4Without prejudice to any right which any person may have by virtue of subsection (1) above to bring civil proceedings in respect of any contravention or apprehended contravention of an enforcement order, compliance with any such order shall be enforceable by civil proceedings by the relevant enforcement authority for an injunction or for any other appropriate relief.5In subsection (4) above “the relevant enforcement authority”, in relation to any enforcement order, means the Secretary of State or the Authority or either of them according to who is the enforcement authority in relation to the condition or requirement compliance with which was to be secured by the order.<Emphasis><Addition ChangeId="d29p6271" CommentaryRef="c19768381">Financial penalties</Addition></Emphasis><Addition ChangeId="d29p6271" CommentaryRef="c19768381">Penalties</Addition>22A1Where the Authority is satisfied—ain the case of any company holding an appointment under Chapter 1 of this Part, that the company—ihas contravened or is contravening any condition of the appointment;iihas caused or contributed to, or is causing or contributing to, a contravention by a person holding a licence under Chapter 1A of this Part of any condition of the licence; oriiihas failed or is failing to achieve any standard of performance prescribed under section 38(2) or 95(2) below; orbin the case of any person holding a licence under Chapter 1A of this Part, that the person—ihas contravened or is contravening any condition of the licence; ...iihas caused or contributed to, or is causing or contributing to, a contravention by a company holding an appointment under Chapter 1 of this Part of any condition of the appointment, oriiihas failed or is failing to achieve any standard of performance prescribed under section 38ZA or 95ZA,the Authority may, subject to section 22C below, impose on that company or that person a penalty of such amount as is reasonable in all the circumstances of the case.2Where the Authority, the Secretary of State or the Assembly is satisfied—ain the case of any company holding an appointment under Chapter 1 of this Part, that the company—ihas contravened or is contravening any statutory or other requirement which is enforceable under section 18 above and in relation to which he or it is the enforcement authority; oriihas caused or contributed to, or is causing or contributing to, a contravention by a person holding a licence under Chapter 1A of this Part of any such requirement; orbin the case of any person holding a licence under Chapter 1A of this Part, that the person—ihas contravened or is contravening any statutory or other requirement which is enforceable under section 18 above and in relation to which he or it is the enforcement authority; oriihas caused or contributed to, or is causing or contributing to, a contravention by a company holding an appointment under Chapter 1 of this Part of any such requirement,he or it may, subject to section 22C below, impose on that company or that person a penalty of such amount as is reasonable in all the circumstances of the case.3In a case in which—asubsection (1) above applies by virtue of paragraph (a)(ii) or (b)(ii) of that subsection, orbsubsection (2) above applies by virtue of paragraph (a)(ii) or (b)(ii) of that subsection,references in the following provisions of this section and sections 22B and 22C below to a contravention include references to causing or contributing to a contravention.4Before imposing a penalty on a person under subsection (1) or (2) above the Authority, the Secretary of State or the Assembly (the “enforcement authority”) shall give notice—astating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;bsetting out the condition, requirement or standard of performance in question;cspecifying the acts or omissions which, in the opinion of the enforcement authority, constitute the contravention or failure in question and the other facts which, in the opinion of the enforcement authority, justify the imposition of a penalty and the amount of the penalty proposed; anddspecifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,and shall consider any representations or objections which are duly made and not withdrawn.5Before varying any proposal stated in a notice under subsection (4)(a) above the enforcement authority shall give notice—asetting out the proposed variation and the reasons for it; andbspecifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,and shall consider any representations or objections which are duly made and not withdrawn.6As soon as practicable after imposing a penalty on a person, the enforcement authority shall give notice—astating that he or it has imposed a penalty on the person and its amount;bsetting out the condition, requirement or standard of performance in question;cspecifying the acts or omissions which, in the opinion of the enforcement authority, constitute the contravention or failure in question and the other facts which, in the opinion of the enforcement authority, justify the imposition of the penalty and its amount; anddspecifying a date, no earlier than the end of the period of forty-two days from the date of service of the notice on the person, by which the penalty is required to be paid.7The person on whom the penalty has been imposed may, within twenty-one days of the date of service ... of a notice under subsection (6) above, make an application to the enforcement authority for him or it to specify different dates by which different portions of the penalty are to be paid.8Any notice required to be given under this section shall be given—aby publishing the notice in such manner as the enforcement authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them;bby serving a copy of the notice on the person on whom the penalty is to be or has been imposed;cby serving a copy of the notice on the Council; anddwhere the notice is given by the Secretary of State or the Assembly, by serving a copy of the notice on the Authority.9Any sums received by the enforcement authority by way of penalty under this section shall be paid into the Consolidated Fund.10The power of the enforcement authority to impose a penalty under this section is not exercisable in respect of any contravention or failure before the commencement of this section.11No penalty imposed by an enforcement authority under this section may exceed— a10% of the turnover of the company, orbin 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 in accordance with provisions specified in an order made, after consulting the Assembly, by the Secretary of State).12The power of the Secretary of State to make an order under subsection (11) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.13Before imposing a penalty under this section, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.14The Authority shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.<Addition ChangeId="d29p6271" CommentaryRef="c19768381">Statement of policy with respect to penalties</Addition>22B1Each enforcement authority shall prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.2In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention or failure an enforcement authority shall have regard to his or its statement of policy most recently published at the time when the contravention or failure occurred.3An enforcement authority may revise his or its statement of policy and where he or it does so shall publish the revised statement.4Publication under this section shall be in such manner as the enforcement authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them.5An enforcement authority shall undertake such consultation as he or it considers appropriate when preparing or revising his or its statement of policy.<Addition ChangeId="d29p6271" CommentaryRef="c19768381">Time limits on the imposition of financial penalties</Addition>22C1Where no final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty on a person in respect of the contravention or failure later than the end of the period of five years from the time of the contravention or failure, unless before the end of that period—athe notice under section 22A(4) above relating to the penalty is served on the person under section 22A(8) above; orba notice relating to the contravention or failure is served on the person under section 203(2) below.2Where a final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty on a person in respect of the contravention or failure unless the notice relating to the penalty under section 22A(4) above was served on the person under section 22A(8) above—awithin three months from the confirmation of the provisional order or the making of the final order; orbwhere the provisional order is not confirmed, within six months from the making of the provisional order.<Addition ChangeId="d29p6271" CommentaryRef="c19768381">Interest and payment of instalments</Addition>22D1If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838.2If an application is made under subsection (7) of section 22A above in relation to a penalty, the penalty is not required to be paid until the application has been determined.3If the enforcement authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the enforcement authority under that subsection, the enforcement authority may where he or it considers it appropriate require so much of the penalty as has not already been paid to be paid immediately.<Addition ChangeId="d29p6271" CommentaryRef="c19768381">Appeals</Addition>22E1If the person on whom a penalty is imposed is aggrieved by—athe imposition of the penalty;bthe amount of the penalty; orcthe date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,the company may make an application to the court under this section.2An application under subsection (1) above must be made—awithin forty-two days from the date of service on the person of a notice under section 22A(6) above; orbwhere the application relates to a decision of an enforcement authority on an application by the person under section 22A(7) above, within forty-two days from the date the person is notified of the decision.3On any such application, where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the grounds falling within subsection (4) below, the court—amay quash the penalty;bmay substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; orcin the case of an application under subsection (1)(c) above, may substitute for the date or dates imposed by the enforcement authority an alternative date or dates.4The grounds falling within this subsection are—athat the imposition of the penalty was not within the power of the enforcement authority under section 22A above;bthat any of the requirements of subsections (4) to (6) or (8) of section 22A above have not been complied with in relation to the imposition of the penalty and the interests of the person have been substantially prejudiced by the non-compliance; orcthat it was unreasonable of the enforcement authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.5If an application is made under this section in relation to a penalty, the penalty is not required to be paid until the application has been determined.6Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers just and equitable.7Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers just and equitable.8Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever.9In this section “the court” means the High Court.<Addition ChangeId="d29p6271" CommentaryRef="c19768381">Recovery of penalties</Addition>22FWhere a penalty imposed under section 22A(1) or (2) above, or any portion of it, has not been paid by the date on which it is required to be paid and—ano application relating to the penalty has been made under section 22E above during the period within which such an application can be made; orban application has been made under that section and determined,the enforcement authority may recover from the person, as a civil debt due to him or it, any of the penalty and any interest which has not been paid. Special administration orders Meaning and effect of special administration order.231A special administration order is an order of the High Court made in accordance with section 24 or 25 below in relation to a company holding an appointment under Chapter I of this Part or which is a qualifying water supply licensee or a qualifying sewerage licensee and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed, by a person appointed by the High Court—afor the achievement of the purposes of such an order; andbin a manner which protects the respective interests of the members and creditors of the company.2The purposes of a special administration order made in relation to any company holding an appointment under Chapter 1 of this Part shall be-athe transfer to another company, or (as respects different parts of the area to which the company’s appointment relates, or different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the company by virtue of its appointment may be properly carried out; andbthe carrying out of those functions pending the making of the transfer and the vesting of those functions in the other company or companies (whether by virtue of the transfer or of an appointment or variation which replaces the former company as a relevant undertaker).2AThe purposes of a special administration order made in relation to any company which is a qualifying water supply licensee shall be—athe 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 ensure that activities relating to the introduction or introductions of water mentioned in subsection (7) below may be properly carried on; andbthe carrying on of those activities pending the making of the transfer.2BWhere a company is in special administration as a result of an order made on the grounds that the company is or is likely to be unable to pay its debts—aa purpose of the special administration order is to rescue the company as a going concern, andbthe transfer purpose under subsection (2)(a) or (2A)(a) applies only if the special administrator thinks that—iit is not likely to be possible to rescue the company as a going concern, oriitransfer is likely to secure more effective performance of the functions or activities mentioned in subsection (2)(a) or (2A)(a).2CWhere subsection (2B) applies, subsections (2)(b) and (2A)(b) have effect as if they referred to carrying out functions, or carrying on activities, pending rescue or transfer.2DFor the purpose of rescuing the company as a going concern a special administrator may propose—aa company voluntary arrangement under Part 1 of the Insolvency Act 1986, orba compromise or arrangement in accordance with Part 26 or 26A of the Companies Act 2006.2EThe Secretary of State may by regulations made by statutory instrument—amodify a provision of the Insolvency Act 1986 or the Companies Act 2006 in respect of the arrangements and compromises mentioned in subsection (2D) in so far as they apply to a company which is or has been in special administration;bmake other supplemental provision about those arrangements and compromises (which may, in particular, apply or modify the effect of an enactment about insolvency or companies).2FProvision under subsection (2E)(a) or (b) may, in particular, confer a function on—athe Secretary of State,bthe Welsh Ministers, orcthe Authority.2GRegulations under subsection (2E) may not be made unless—athe Welsh Ministers have consented to the making of the regulations, andba draft has been laid before and approved by resolution of each House of Parliament (and section 213(1) shall not apply).2HA transfer under subsection (2) or (2A) may be effected by—atransferring all or part of the company's undertaking to a wholly-owned subsidiary of the company, andbthen transferring securities in the subsidiary to another company.3Schedule B1 to the Insolvency Act 1986 (administration) applies to special administration (subject to regulations under subsection (3A)).3AThe Secretary of State may make regulations about special administration which—aapply (with or without modification) an insolvency provision;bdisapply an insolvency provision;cmodify the effect of an insolvency provision;dmake provision similar to, and in place of, an insolvency provision.3BIn subsection (3A) “insolvency provision” means a provision of the Insolvency Act 1986 or another enactment about insolvency (including (i) a provision about administration, (ii) a provision about consequences of insolvency, and (iii) a provision conferring power to make rules).3CA reference in an enactment to Part II of the Insolvency Act 1986 includes a reference to that Part as applied by or under this section (subject to regulations under subsection (3A)).3DRegulations under subsection (3A) shall be made by statutory instrument and may not be made unless—athe Welsh Ministers have consented to the making of the regulations, andba draft has been laid before and approved by resolution of each House of Parliament (and section 213(1) shall not apply).4Schedule 2 to this Act shall have effect for enabling provision to be made with respect to cases in which aa company is replaced by another as a relevant undertaker without an appointment or variation under Chapter 1 of this Part; orba company carries on activities relating to—ithe introduction or introductions of water mentioned in subsection (7) formerly carried on by another company; oriithe removal or removals of matter mentioned in subsection (9) formerly carried on by another company,in pursuance of a special administration order. 5In this section “business” and “property” have the same meanings as in the Insolvency Act 1986.6For the purposes of this section, sections 24 to 26 below and Schedule 2 to this Act, a water supply licensee is a qualifying water supply licensee if—ait is the holder of a water supply licence giving it a wholesale or supplementary authorisation (within the meaning of Chapter 1A of this Part), andbthe condition in subsection (7) is satisfied in relation to it.7The condition in this subsection is that—athe introduction of water by the licence holder which is permitted under section 66B or 66C is designated as a strategic supply under section 66G, orbthe 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. Special administration orders made on special petitions.241If, on an application made to the High Court by petition presented—aby the Secretary of State; orbwith the consent of the Secretary of State, by the Authority,that Court is satisfied in relation to any company which holds an appointment under Chapter I of this Part that any one or more of the grounds specified in subsection (2) below is satisfied in relation to that company, that Court may make a special administration order in relation to that company.1AIf on an application made to the High Court by petition presented—aby the Secretary of State (after consulting the Assembly); orbwith the consent of the Secretary of State (after consulting the Assembly), the Authority,the Court is satisfied in relation to any company which is a qualifying water supply licensee or qualifying sewerage licensee that any one or more of the grounds specified in subsection (2) below is satisfied in relation to that company, that Court may make a special administration order in relation to that company.1BBefore 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.2The grounds mentioned in subsections (1) and (1A) above are, in relation to any company—athat there has been, is or is likely to be such a contravention by the company of any principal duty, not being a contravention in respect of which a notice has been served under subsection (3) of section 19 above, as is serious enough to make it inappropriate for the company to continue to hold its appointment or licence;bthat there has been, is or is likely to be such a contravention by the company of the provisions of any enforcement order which—iis not for the time being the subject-matter of proceedings brought by virtue of section 21(1) above; andiiif it is a provisional enforcement order, has been confirmed,as is serious enough to make it inappropriate for the company to continue to hold its appointment or licence;bbin the case of a company which is a qualifying water supply licensee, that—iaction taken by the company has caused a contravention by a water undertaker of any principal duty; andiithat action is serious enough to make it inappropriate for the company to continue to hold its licence;bcin the case of a company which is a qualifying sewerage licensee, that—iaction taken by the company has caused a contravention by a sewerage undertaker of any principal duty; andiithat action is serious enough to make it inappropriate for the company to continue to hold its licence;cthat the company is or is likely to be unable to pay its debts;dthat, in a case in which the Secretary of State has certified that it would be appropriate, but for section 25 below, for him to petition for the winding up of the company under section 124A of the Insolvency Act 1986 (petition by the Secretary of State following inspectors’ report etc.), it would be just and equitable, as mentioned in that section, for the company to be wound up if it did not hold an appointment under Chapter I of this Part or was not a qualifying water supply licensee or a qualifying sewerage licensee; orein the case of a company holding an appointment under Chapter 1 of this Part, that the company is unable or unwilling adequately to participate in arrangements certified by the Secretary of State or the Authority to be necessary by reason of, or in connection with, a proposal for the making by virtue of section 7(4)(c) above of any appointment or variation replacing a company as a relevant undertaker.3Notice of any petition under this section for a special administration order shall be given forthwith to such persons and in such manner as may be prescribed by rules made under section 411 of the Insolvency Act 1986 (“the 1986 Act”); and no such petition shall be withdrawn except with the leave of the High Court.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6For the purposes of this section a company is unable to pay its debts if—ait is a limited company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); orbit is an unregistered company which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).7In this section “principal duty” means—ain relation to a company holding an appointment under Chapter 1 of this Part, a requirement imposed on the company by section 37 or 94 below;bin relation to a company which is a qualifying water supply licensee or a qualifying sewerage licensee, any condition of its licence or any statutory requirement imposed on it in consequence of its licence. Power to make special administration order on winding-up petition.251On a petition made to any court for the winding up of a company which holds an appointment under Chapter I of this Part or is a qualifying licensed water supplier qualifying water supply licensee or a qualifying sewerage licensee—athe court shall not make a winding-up order in relation to the company; butbif the court is satisfied that it would be appropriate to make such an order if the company were not a company holding such an appointment or a qualifying licensed water supplier qualifying water supply licensee or a qualifying sewerage licensee, it shall, instead, make a special administration order in relation to the company.2But the court may not exercise its powers on the petition unless—anotice of the petition has been served on the relevant persons, andba period of at least 14 days has passed starting with the day on which those notices were served (or, if served on different days, the later of those days).3The relevant persons are entitled to be heard—aat the hearing of the petition, andbat any other hearing of the court in relation to the company under or by virtue of Part 4 of the Insolvency Act 1986.4In this section “relevant person” means the Authority and—ain the case of a petition that relates to a relevant undertaker whose area is wholly or mainly in Wales, the Welsh Ministers;bin any other case, the Secretary of State. Restrictions on voluntary winding up and insolvency proceedings Restrictions on voluntary winding up and insolvency proceedings.261Where a company holds an appointment under Chapter I of this Part or is a qualifying water supply licensee or a qualifying sewerage licensee—athe company shall not be wound up voluntarily;ban administrator may not be appointed in relation to the company, whether by court order or otherwise, under Schedule B1 to the Insolvency Act 1986;baany step taken by any person for the purported purpose of appointing an administrator of the company under Schedule B1 to the Insolvency Act 1986 has no legal effect;cno step shall be taken by any person to enforce any security over the company’s property except where that person has served fourteen days’ notice of his intention to take that step on the Secretary of State and on the Authority.2In this section “security” and “property” have the same meanings as in Parts I to VII of the Insolvency Act 1986. CHAPTER III PROTECTION OF CUSTOMERS ETC.. General provisions General duty of Authority to keep matters under review.271It shall be the duty of the Authority, so far as it appears to it practicable from time to time to do so, to keep under review the carrying on both in England and Wales and elsewhere of activities connected with the matters in relation to which—awater undertakers or sewerage undertakers carry out functions; andb water supply licensees or sewerage licensees carry on activities authorised by their licences.2It shall also be the duty of the Authority, so far as it appears to it practicable from time to time to do so, to collect information with respect to—athe carrying out by companies appointed under Chapter I of this Part of the functions of relevant undertakers; oraathe carrying on by persons holding licences under Chapter 1A of this Part of the activities authorised by their licences; orbany company mentioned in paragraph (a) or (aa) above ,with a view to its becoming aware of, and ascertaining the circumstances relating to, matters with respect to which any power or duty is conferred or imposed on it by or under any enactment.3The Secretary of State may give general directions indicating—aconsiderations to which the Authority should have particular regard in determining the order of priority in which matters are to be brought under review in performing its duty under subsection (1) or (2) above; andbconsiderations to which, in cases where it appears to the Authority that any of its powers under Parts II to V and VII of this Act are exercisable, it should have particular regard in determining whether to exercise those powers;and it shall be the duty of the Authority to comply with any such directions.4It shall be the duty of the Authority, where either it considers it expedient or it is requested by the Secretary of State or the CMA to do so, to give information, advice and assistance to the Secretary of State or that Authority with respect to any matter relating to—athe functions of either description of relevant undertaker; orbthe carrying out of any such functions by a company holding an appointment under Chapter I of this Part; orcthe activities authorised by the authorisations or combinations of authorisations given by licences under Chapter 1A of this Part (see sections 17A and 17BA); ordthe carrying on of any such activities by a person holding any such licence.<Addition ChangeId="key-7f494d51ef2404d04a236a16fbbdb705-1655824619067" CommentaryRef="key-7f494d51ef2404d04a236a16fbbdb705">Power to require information for purpose of monitoring</Addition>27ZA1The Authority may, for the purpose of performing its duty under section 27(1) or (2), serve a notice under subsection (2) on—aa water undertaker or sewerage undertaker;ba water supply licensee or sewerage licensee.2A notice under this subsection is a notice which requires the person on whom it is served—ato produce to the Authority, at a time and place specified in the notice (which must be reasonable), any documents specified or described in the notice which are in that person’s custody or under that person’s control, orbto provide to the Authority, at a time and place and in the form and manner specified in the notice (which must be reasonable), information specified or described in the notice.3The requirements imposed by a notice under subsection (2) are enforceable by the Authority under section 18.4Nothing in this section requires a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty imposed by this section).5In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).<Emphasis><Addition ChangeId="d29p7392" CommentaryRef="c19906441">The Consumer Council for Water</Addition></Emphasis><Addition ChangeId="d29p7392" CommentaryRef="c19906441">Establishment of the Council and committees</Addition>27A1There shall be a body corporate to be known as the Consumer Council for Water (in this Act referred to as “the Council”) for the purpose of carrying out the functions of the Council under this Act.2In Welsh the Council may be known as “Cyngor Defnyddwyr Dŵr”.3The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.4The Council shall establish such committees of the Council—aas the Assembly may direct, for relevant undertakers whose areas are wholly or mainly in Wales; andbas the Secretary of State may direct, for other relevant undertakers.5A direction under subsection (4) above may provide for the allocation of each relevant undertaker to a committee specified in the direction.6The power to give a direction under subsection (4) above may not be exercised after the end of the period of six months beginning with the commencement of section 35 of the Water Act 2003.7After the end of the period mentioned in subsection (6) above the Council may (subject to paragraph 11 of Schedule 3A to this Act)—aestablish such committees for relevant undertakers as it considers appropriate; orbalter the allocation of a relevant undertaker to a committee established under this section.8The Council shall ensure that each relevant undertaker is allocated to a committee established under this section.9A committee established under this section is referred to in this Act as a “regional committee”.10The purposes of a regional committee shall be—athe provision of advice and information to the Council on consumer matters affecting the areas of the relevant undertakers allocated to that committee;bsuch other purposes as the Council may determine.11The provisions of Schedule 3A to this Act (which makes further provision about the Council and regional committees) shall have effect.12The Council shall exercise and perform its powers and duties in the manner which it considers is best calculated to contribute to the achievement of sustainable development.13In this Chapter—“consumers” includes both existing and future consumers;“the interests of consumers” means the interests of consumers in relation to—the supply of water by means of a water undertaker’s supply system to premises either by water undertakers or by water supply licensees acting in their capacity as such; andthe provision of sewerage services either by sewerage undertakers or by sewerage licensees acting in their capacity as such; and“consumer matter” means any matter connected with the interests of consumers.<Addition ChangeId="d29p7392" CommentaryRef="c19906441">Co-operation between Council and other authorities</Addition>27B1This section imposes duties on—athe Authority and the Council;bthe Council and the Secretary of State; andcthe Council and the Assembly.2It shall be the duty of the bodies mentioned in each paragraph of subsection (1) above to make arrangements with a view to securing—aco-operation and the exchange of information between them; andbthe consistent treatment of matters which affect both of them.3As soon as practicable after agreement is reached on any arrangements required by this section, the parties shall prepare a memorandum setting them out.4Arrangements under this section shall be kept under review by the parties.5As soon as practicable after agreement is reached on any changes to arrangements under this section, the parties shall revise their memorandum.6Parties to arrangements required by this section shall send a copy of their memorandum, and any revised memorandum, to each other person mentioned in subsection (1) above who is not a party to the arrangements set out in the memorandum (or revised memorandum).7The Secretary of State shall lay a copy of every memorandum or revised memorandum under this section before each House of Parliament.<Emphasis><Addition ChangeId="d29p7636" CommentaryRef="c19910051">General functions of the Council</Addition></Emphasis><Addition ChangeId="d29p7636" CommentaryRef="c19910051">The interests of consumers</Addition>27C1In considering the interests of consumers, the Council shall have regard to the interests of—aindividuals who are disabled or chronically sick;bindividuals of pensionable age;cindividuals with low incomes;dindividuals residing in rural areas; ...ecustomers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are household premises (as defined in section 17C) andfcustomers, 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,but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.2For the purposes of subsection (1) above, premises are below the consumption threshold if the total quantity of water estimated to be supplied to the premises annually for the purposes of subsection (2) of section 17D above is less than the quantity specified in that subsection. <Addition ChangeId="d29p7636" CommentaryRef="c19910051">Acquisition and review of information</Addition>27DThe Council shall have the function of obtaining and keeping under review—ainformation about consumer matters (including matters affecting consumers in different areas); andbinformation about the views of consumers on such matters (including the views of consumers in different areas).<Addition ChangeId="d29p7636" CommentaryRef="c19910051">Provision of advice and information to public authorities</Addition>27E1The Council shall have the function of—amaking proposals, or providing advice and information, about consumer matters (including matters affecting consumers in different areas); andbrepresenting the views of consumers on such matters (including the views of consumers in different areas),to public authorities, companies holding an appointment under Chapter 1 of this Part, water supply licensees, sewerage licensees and other persons whose activities may affect the interests of consumers.2Subject to subsection (7) below, information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be disclosed in the exercise of the Council’s function under this section unless one or more of paragraphs (a) to (c) of subsection (3) below applies to the information.3Information relating to a particular individual or body may be disclosed if—athe individual or body has consented to the disclosure;bit is information that is available to the public from some other source; orcit is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.4Before deciding to disclose any information relating to a particular individual or body in pursuance of subsection (3)(c) above, the Council shall—aconsult that individual or body; andbhave regard to any opinion expressed by the Authority as to the application of subsection (3)(c) above to the information or as to the desirability or otherwise of its disclosure;and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.5Subject to subsection (7) below, the Council shall not in the exercise of its function under this section disclose any information which it considers relates to any matter which is, or is likely to be, the subject of criminal proceedings.6In considering whether information relates to any matter as mentioned in subsection (5) above, the Council shall have regard to any opinion expressed (whether in relation to the information itself or to information of a description which applies to that information) by the Secretary of State, the Assembly or the Director of Public Prosecutions.7Subsections (2) to (5) above do not apply to a disclosure of information which is made to the Authority, the Secretary of State, the Assembly, the CMA or any other public authority.8The disclosure by the Council of information in the exercise of its function under this section does not contravene section 206 below (restriction on disclosure of information).<Addition ChangeId="d29p7636" CommentaryRef="c19910051">Provision of information to consumers</Addition>27F1The Council has the function of providing information to consumers about consumer matters in such form as appears to the Council to be most useful to the recipients.2That function may be exercised by—apublishing information in any manner the Council thinks appropriate for the purpose of bringing it to the attention of those likely to be interested; orbfurnishing information to any consumer (whether in response to a request or otherwise).3Information may only be disclosed in the exercise of that function if it is information that is available to members of the public from some other source.4The Council shall maintain at least one office in each of England and Wales at which consumers may apply for information.<Addition ChangeId="d29p7636" CommentaryRef="c19910051">Power to publish information and advice about consumer matters</Addition>27G1If it appears to the Council that the publication of any advice and information about consumer matters (including information about the views of consumers on such matters) would promote the interests of consumers, the Council may publish that advice or information in such manner as it thinks fit.2Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published in the exercise of the Council’s function under this section unless one or more of paragraphs (a) to (c) of subsection (3) below applies to the information.3Information relating to a particular individual or body may be published if—athe individual or body has consented to the publication;bit is information that is available to the public from some other source; orcit is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.4Before deciding to publish any information relating to a particular individual or body in pursuance of subsection (3)(c) above, the Council shall—aconsult that individual or body; andbhave regard to any opinion expressed by the Authority as to the application of subsection (3)(c) above to the information or as to the desirability or otherwise of its publication;and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.5The Council shall not in the exercise of its function under this section publish any information which it considers relates to any matter which is, or is likely to be, the subject of criminal proceedings.6In considering whether information relates to any matter as mentioned in subsection (5) above, the Council shall have regard to any opinion expressed (whether in relation to the information itself or to information of a description which applies to that information) by the Secretary of State, the Assembly or the Director of Public Prosecutions.7The publication of information under this section does not contravene section 206 below (restriction on disclosure of information).<Addition ChangeId="d29p7636" CommentaryRef="c19910051"><Addition ChangeId="d29p7956" CommentaryRef="c19910201">Provision of information to the Council</Addition></Addition>27H1The Council may direct—athe Authority;ba company holding an appointment under Chapter 1 of this Part; ...ca water supply licensee, or,da sewerage licensee,to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions.2A body or person to whom a direction under this section is given shall, if the information specified or described in the direction is in its possession, comply with the direction as soon as reasonably practicable.3Before giving a direction under this section and in specifying the form in which any information is to be supplied, the Council shall have regard to the desirability of minimising the costs, or any other detriment, to the body or person to whom the direction is given.4If a body or person to whom a direction under this section is given fails to comply with the direction the body or person shall, if so required by the Council, give notice to the Council of the reasons for the failure.<Addition ChangeId="d29p7636" CommentaryRef="c19910051"><Addition ChangeId="d29p7956" CommentaryRef="c19910201">Publication of notice of reasons</Addition></Addition>27I1Subject to the following provisions of this section, the Council may publish a notice given to it under section 27H(4) above.2Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published under subsection (1) above unless one or more of paragraphs (a) to (c) of subsection (3) below applies to the information.3Information relating to a particular individual or body may be published if—athat individual or body has consented to the publication;bit is information that is available to the public from some other source; orcit is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.4Before deciding to publish any information relating to a particular individual or body in pursuance of subsection (3)(c) above, the Council shall—aconsult that individual or body; andbhave regard to any opinion expressed by the Authority as to the application of subsection (3)(c) above to the information or as to the desirability or otherwise of its publication;and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.5The Council shall not in the exercise of its function under this section publish any information which it considers relates to any matter which is, or is likely to be, the subject of criminal proceedings.6In considering whether information relates to any matter as mentioned in subsection (5) above, the Council shall have regard to any opinion expressed (whether in relation to the information itself or to information of a description which applies to that information) by the Secretary of State, the Assembly or the Director of Public Prosecutions.7The publication by the Council of information under this section does not contravene section 206 below (restriction on disclosure of information).<Addition ChangeId="d29p7636" CommentaryRef="c19910051"><Addition ChangeId="d29p7956" CommentaryRef="c19910201">Provision of information by the Council</Addition></Addition>27J1Any of—athe Authority;bthe Secretary of State; orcthe Assembly,may direct the Council to supply to him or it, in such form as he or it may reasonably specify, such information specified or described in the direction as he or it may require for the purpose of exercising his or its functions.2The Council shall, if the information specified or described in the direction is in its possession, comply with a direction under this section as soon as reasonably practicable.3Where the Council fails to comply with a direction given under subsection (1) above it must give to the person who gave the direction notice of its reason for the failure, and that person may publish that notice in such manner as he considers appropriate.4A person publishing a notice under this section shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.<Addition ChangeId="d29p7636" CommentaryRef="c19910051"><Addition ChangeId="d29p7956" CommentaryRef="c19910201">Sections 27H to 27J: supplementary</Addition></Addition>27K1The Secretary of State may make regulations prescribing—adescriptions of information which a person to whom a direction is given under section 27H or 27J above may refuse to supply; orbcircumstances in which such a person may refuse to comply with a direction given under either of those sections.2The Council may, if no person is prescribed for the purpose under subsection (3) below, refer a failure by a company holding an appointment , a water supply licensee or a sewerage licensee to comply with a direction under section 27H above to the Authority.3The Secretary of State may make regulations for the purpose of enabling a failure to comply with a direction under section 27H or 27J above to be referred by the person who gave the direction to such person (other than the Authority) as may be prescribed by the regulations.4A person to whom such a failure is referred (whether under subsection (2) above or regulations under subsection (3) above) shall—aconsider any representations made by either party;bdetermine whether the person failing to comply with the direction is entitled to refuse to do so, and, if not, order him to comply with the direction; andcgive notice of his determination and any order under paragraph (b), with reasons, to both parties.5The duty of a company holding an appointment , a water supply licensee and a sewerage licensee to comply with an order under this section shall be enforceable by the Authority under section 18 above.6A notice under subsection (4) above may be published by either party to the reference.7Subsections (2) to (7) of section 27I above apply to the publication of a notice under this section as they apply to the publication of a notice given to the Council under section 27H(4) above.<Addition ChangeId="d29p7636" CommentaryRef="c19910051"> Customer service committees.</Addition>28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p7636" CommentaryRef="c19910051"> Consumer complaints</Addition>291This section applies to a complaint which any person (“the complainant”) has against a relevant undertaker , a water supply licensee or a sewerage licensee in relation to any matter connected with the functions of that undertaker or the services provided by that water supply licensee or that sewerage licensee.2Where a complaint to which this section applies (other than one appearing to the Council to be frivolous or vexatious) is referred to the Council by or on behalf of the complainant, the Council shall (subject to subsections (3) and (8) below) investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (9) below.3Where it appears to the Council that the complaint is one the Authority would be required to investigate under section 181 below, the Council shall, instead of investigating the matter to which it relates, refer the complaint to the Authority.4Where it appears to the Council that the complaint relates to a matter in respect of which a function under section 18 or 22A above is or may be exercisable by any person, the Council shall (unless it considers that that person already has notice of the matter) refer the matter to that person.5Where it appears to the Council that the complaint relates to a matter which constitutes or might constitute an offence, the Council shall refer the matter—ato the Assembly, if the matter relates to a relevant undertaker whose area is wholly or mainly in Wales or to services provided— iby a water supply licensee using the supply system of a water undertaker whose area is wholly or mainly in Wales, oriiby a sewerage licensee using the supply system of a sewerage undertaker whose area is wholly or mainly in Wales; orbto the Secretary of State, in any other case.6Where it appears to the Council that the complaint relates to a matter which constitutes a dispute of a kind which can be referred to the Authority for determination under any provision of this Act, the Council shall, if the complainant consents, refer the matter to the Authority.7A referral under subsection (6) above shall have effect for the purposes of section 30A below as if it were a referral by the complainant of a dispute for determination by the Authority.8The Council is not required to investigate any matter if it appears to the Council that—ait is unlikely that the complaint could be resolved by action taken by the relevant undertaker , the water supply licensee or the sewerage licensee;bthe relevant undertaker , the water supply licensee or the sewerage licensee has not been given a reasonable opportunity to deal with the complaint; orcin a case mentioned in subsection (4) or (5) above or (where the complainant does not consent to the matter being referred to the Authority) subsection (6) above, it is inappropriate to do so.9Where it appears to the Council to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, the Council shall make representations on behalf of the complainant to the relevant undertaker , the water supply licensee or the sewerage licensee about anything to which the complaint relates.10After investigating a complaint the Council may make a report to the Authority, the Secretary of State or the Assembly.11A report under subsection (10) above may include information about—aany representations made by the Council under subsection (9) above; andbthe response of the relevant undertaker or the licensed water supplier to the complaint or any such representations.12No report under subsection (10) above or information about a complaint referred to the Council under this section, from which the complainant may be identified, shall be published or disclosed by the Council, the Authority, the Secretary of State or the Assembly in the exercise of any power under this Act without the consent of the complainant.13Where a representation made to the Authority, the Secretary of State or the Assembly about any matter (other than a representation appearing to the person to whom it is made to be frivolous or vexatious) appears to that person—ato be about a matter which is or amounts to a complaint to which this section applies (other than one which, in the case of the Authority, it is its duty to investigate under section 181 below); andbto have been made by or on behalf of the complainant,that person shall refer the matter to the Council.<Addition ChangeId="d29p7636" CommentaryRef="c19910051"><Addition ChangeId="d29p8388" CommentaryRef="c19911171">Power of Council to investigate other matters</Addition></Addition>29A1The Council may investigate any matter (not being a matter which it is its duty to investigate under this Part) which appears to it to be a matter relating to the interests of consumers.2Before undertaking an investigation under this section the Council shall consult the Authority, the Secretary of State and the Assembly.3Where the Council has investigated a matter under this section it may make a report on that matter to the Authority, the Secretary of State, the CMA, the Assembly or any other public authority whose functions appear to the Council to be exercisable in relation to that matter.4Subject to subsection (5) below, the Council may—asend a report on any matter investigated under this section to any person who appears to the Council to have an interest in that matter; andbpublish any such report in such manner as the Council thinks appropriate.5Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate)—ashall not be included in a report which is to be sent to any person under subsection (4)(a) above, unless one or more of paragraphs (a) to (c) of subsection (6) below applies; andbshall be excluded from any such report which is to be published under subsection (4)(b) above, unless one or more of paragraphs (a) to (c) of subsection (7) below applies.6Information relating to a particular individual or body may be included in a report to be sent under subsection (4)(a) above if—athat individual or body has consented to the disclosure;bit is information that is available to the public from some other source; orcit is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.7Information relating to a particular individual or body may be included in a report to be published under subsection (4)(b) above if—athat individual or body has consented to the publication;bit is information that is available to the public from some other source; orcit is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.8Before deciding to include in such a report any information relating to a particular individual or body in pursuance of subsection (6)(c) or (7)(c) above, the Council shall—aconsult that individual or body; andbhave regard to any opinion expressed by the Authority as to the application of subsection (6)(c) or (7)(c) above to the information or as to the desirability or otherwise of its inclusion in the report;and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.9The Council shall not include in any report to be sent under subsection (4)(a) above or published under subsection (4)(b) above any information which it considers relates to any matter which is, or is likely to be, the subject of criminal proceedings.10In considering whether information relates to any matter as mentioned in subsection (9) above, the Council shall have regard to any opinion expressed (whether in relation to the information itself or to information of a description which applies to that information) by the Secretary of State, the Assembly or the Director of Public Prosecutions.<Addition ChangeId="d29p7636" CommentaryRef="c19910051"> Duties of Director with respect to complaints</Addition>30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis><Addition ChangeId="d29p8547" CommentaryRef="c19917871">Further functions of Authority</Addition></Emphasis><Addition ChangeId="d29p8547" CommentaryRef="c19917871">Duty to consult Council</Addition>30ZA1It shall be the duty of the Authority to consult the Council in relation to the exercise of each of its functions, except where—athe Council has indicated to the Authority (whether specifically or generally) that it does not wish to be consulted; orbthe Authority considers that it would be clearly inappropriate to consult the Council.2That duty is in addition to any duty on the Authority to consult the Council which is provided for elsewhere.<Addition ChangeId="d29p8547" CommentaryRef="c19917871">Copies of notices</Addition>30ZBWhere the Authority is required by any provision of this Act to publish a notice or any other document, it shall send a copy of the document to the Council.<CommentaryRef Ref="c19917961"/><Addition ChangeId="d29p8547" CommentaryRef="c19917871"><Addition ChangeId="d29p8598">Determination of disputes by the Authority.</Addition></Addition>30A1In this section “relevant dispute” means a dispute which, by virtue of any provision of this Act, may be referred to the Authority for determination under this section.2The practice and procedure to be followed in connection with the reference to the Authority of any relevant dispute shall be such as it considers appropriate.3Where the Authority determines any dispute under this section it shall give its reasons for reaching its decision with respect to the dispute.4On making a determination under this section the Authority may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the Authority) as it considers appropriate.5A determination under this section—ashall be final; andbshall be enforceable as if it were a judgment of the county court, in so far as it includes such provision as to costs or expenses as is mentioned in subsection (4) above.6The Authority shall not determine any relevant dispute which is the subject of proceedings before, or with respect to which judgment has been given by, any court.7In including in any determination under this section any provision as to costs or expenses, the Authority shall have regard to the conduct and means of the parties and any other relevant circumstances. Provisions with respect to competition Functions of Authority with respect to competition.311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the CMA.2AThis subsection applies to the functions of the CMA under Part 4 of the 2002 Act (other than sections 166 , 167C 171 and 174E) so far as those functions— aare exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), andbrelate to commercial activities connected with the supply of water or the provision of sewerage services.3The Authority shall be entitled to exercise, concurrently with the CMA, the functions of the CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51), so far as relating to —aagreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,bconduct of the kind mentioned in section 18(1) of that Act, or ctransferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.4So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above— areferences in Part 4 of the 2002 Act to the CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 , 167C , 171 and 174E of that Act and in any other provision of that Act where the context otherwise requires); breferences in that Part to section 5 of the 2002 Act are to be construed as including references to section 27(1) and (2) of this Act.4ZASection 130A of the 2002 Act is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—aas if for subsection (1) of that section there were substituted—1Where the Water Services Regulation Authority—ais proposing to carry out its functions under section 27(1) and (2) of the Water Industry Act 1991 in relation to a matter for the purposes mentioned in subsection (2), andbconsiders that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,the Authority must publish a notice under this section (referred to in this Part as a “market study notice”)., andbas if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by section 219(1) of the Water Industry Act 1991)”.4ASo far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part) to the CMA are to be read as including a reference to the Authority (except in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).5Before the CMA or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.6Neither the CMA nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.7It shall be the duty of the Authority, for the purpose of assisting a CMA group in carrying out an investigation on a market investigation reference made by the Authority (under section 131 of the 2002 Act) by virtue of subsection (2) . . . above, to give to the group —aany information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the group for that purpose or is information which in its opinion it would be appropriate for that purpose to give to the group without any such request; andbany other assistance which the group may require, and which it is within its power to give, in relation to any such matters;and the group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.7AIn subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.8If any question arises as to whether subsection (2) or (3) above . . . applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—aPart 4 of the 2002 Act; orbPart I of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51),by or in relation to the Authority on the ground that it should have been done by or in relation to the CMA .8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10In making any decision, or otherwise taking action, for the purposes of any of its functions that—aby virtue of this section, are functions exercisable concurrently with the CMA, andbin the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable. Duty to refer merger of water or sewerage undertakings.32 Subject to sections 33 and 33A below, it shall be the duty of the CMA to make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case—athat arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; orbthat such a merger has taken place otherwise than as a result of the carrying into effect of arrangements that have been the subject of a reference by virtue of paragraph (a) above. Exclusion of small mergers from duty to make reference.331The CMA shall not make a merger reference under section 32 above in respect of any actual or prospective merger of two or more water enterprises if it appears to the CMA —athat the value of the turnover of the water enterprise being taken over does not exceed or, as the case may be, would not exceed £10 million; orbthat the only water enterprises already belonging to the person making the take over are enterprises each of which has a turnover the value of which does not exceed or, as the case may be, would not exceed £10 million.2For the purposes of subsection (1)(a) above, the value of the turnover of the water enterprise being taken over shall be determined by taking the total value of the turnover of the water enterprises ceasing to be distinct enterprises and deducting—athe turnover of any water enterprise continuing to be carried on under the same ownership and control; orbif there is no water enterprise continuing to be carried on under the same ownership and control, the turnover which, of all the turnovers concerned, is the turnover of the highest value.3For the purposes of subsection (1)(b) above—aevery water enterprise ceasing to be a distinct enterprise and whose turnover is to be deducted by virtue of subsection (2)(a) or (b) above shall be treated as a water enterprise belonging to the person making the take over; andbwater enterprises shall be treated as separate enterprises so far as they are carried on by different companies holding appointments under Chapter 1 of this Part.4For the purposes of this section the turnover of a water enterprise shall be determined in accordance with such provisions as may be specified in regulations made by the Secretary of State.5Regulations under subsection (4) above may, in particular, make provision as to—athe amounts which are, or which are not, to be treated as comprising an enterprise’s turnover; andbthe date or dates by reference to which an enterprise’s turnover is to be determined.6Regulations under subsection (4) above may, in particular, make provision enabling the Secretary of State or the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (5) above).6AThe CMA must—akeep under review the conditions set out in subsection (1)(a) and (b), andbfrom time to time advise the Secretary of State as to whether the conditions in subsection (1)(a) and (b), and the sums mentioned in those paragraphs, are still appropriate.7The Secretary of State may by regulations amend subsection (1) above so as—ato alter the sum for the time being mentioned in paragraph (a) of that subsection or otherwise to modify the condition set out in that paragraph; orbto alter the sum for the time being mentioned in paragraph (b) of that subsection or otherwise to modify the condition set out in that paragraph.8Regulations under subsection (7) above—ashall not make any modifications in relation to mergers on or before the coming into force of the regulations; andbmay, in particular, include supplemental, consequential or transitional provision amending or repealing any provision of this section.9References in this section to enterprises being carried on under the same ownership and control shall be construed in accordance with Part 3 of the 2002 Act.<Addition ChangeId="key-2b67353305c5529ec6a42c1e1a1cb570-1605465993336" CommentaryRef="key-2b67353305c5529ec6a42c1e1a1cb570">Exceptions to duty to make reference</Addition>33A1The CMA may decide not to make a merger reference under section 32 as regards a case falling within section 32(a) if it believes that—athe arrangements concerned are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a merger reference;bthe prospective merger is not likely to prejudice the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between water enterprises; orcthe prospective merger is likely to prejudice that ability, but the prejudice in question is outweighed by relevant customer benefits relating to the merger.2The CMA may decide not to make a merger reference under section 32 as regards a case falling within section 32(b) if it believes that—athe merger has not prejudiced and is not likely to prejudice the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between water enterprises; orbthe merger has prejudiced or is likely to prejudice that ability, but the prejudice in question is outweighed by relevant customer benefits relating to the merger.3Before forming a view as to the matters in subsection (1)(b) or (c) or (2)(a) or (b), the CMA must—arequest the Authority to give an opinion under section 33B, andbconsider that opinion.4The CMA may not make a merger reference under section 32 if—ait is considering whether to accept an undertaking under section 33D instead of making such a reference; orbit is prevented by section 74 of the Enterprise Act 2002 (effect of accepting an undertaking in lieu), in a case where that section as applied by paragraph 1 of Schedule 4ZA may have effect to prevent such a merger reference.5In this section “relevant customer benefit” has the meaning given by paragraph 7 of Schedule 4ZA.<Addition ChangeId="key-2b67353305c5529ec6a42c1e1a1cb570-1605465993336" CommentaryRef="key-2b67353305c5529ec6a42c1e1a1cb570">Opinion of the Authority</Addition>33B1Where the CMA makes a request under section 33A(3), the Authority must give its opinion on—awhether and to what extent the actual or prospective merger has prejudiced or is likely to prejudice the Authority's ability, in carrying out its functions by virtue of this Act, to make comparisons between water enterprises, andbwhere it forms the view that the actual or prospective merger has prejudiced or is likely to prejudice that ability, whether the prejudice in question is outweighed by any relevant customer benefits relating to the merger.2In forming an opinion on the matters in subsection (1), the Authority must apply the methods set out in the statement under section 33C that has effect when the request under section 33A(3) is made.3In this section “relevant customer benefit” has the meaning given by paragraph 7 of Schedule 4ZA, except that references in paragraph 7 to what the CMA believes are to be read for the purposes of this section as references to what the Authority believes.<Addition ChangeId="key-2b67353305c5529ec6a42c1e1a1cb570-1605465993336" CommentaryRef="key-2b67353305c5529ec6a42c1e1a1cb570">Statement of methods</Addition>33C1The Authority must prepare and keep under review a statement of the methods to be applied in forming an opinion on the matters in section 33B(1).2The statement must in particular set out—athe criteria to be used for assessing the effect of any particular water enterprise ceasing to be a distinct enterprise on the Authority's ability, in carrying out its functions by virtue of this Act, to make comparisons between water enterprises;bthe relative weight to be given to the criteria.3Before preparing or altering the statement, the Authority must consult—athe Secretary of State,bthe Welsh Ministers,cthe CMA, anddrelevant undertakers.4The Authority must from time to time publish the statement as it has effect for the time being.<Addition ChangeId="key-fe8edf04dc2d38fe6e4a96509602fafe-1605642735713" CommentaryRef="key-fe8edf04dc2d38fe6e4a96509602fafe">Undertakings in lieu of a merger reference</Addition>33D1If the CMA considers that it is under a duty to make a merger reference under section 32, it may instead of making such a reference accept undertakings to take such action as it thinks appropriate from such of the parties concerned in the actual or prospective merger as it considers appropriate.2The power under subsection (1) is to be exercised for the purpose of remedying, mitigating or preventing the prejudicial effect on the Authority's ability, in carrying out its functions by virtue of this Act, to make comparisons between water enterprises that the actual or prospective merger has had, may have had or may be likely to have.3In forming a view for the purposes of subsection (1) as to whether it is under a duty to make a merger reference under section 32, the CMA—ais to disregard the effect of section 33A(4)(a), butbis to take into account the powers under section 33A(1) and (2) to decide not to make a merger reference.4In proceeding under subsection (1), the CMA must, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to the prejudicial effect on the Authority's ability, in carrying out its functions by virtue of this Act, to make comparisons between water enterprises.5In proceeding under subsection (1), the CMA may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the actual or prospective merger.6Before deciding whether or not to accept an undertaking under this section, the CMA must—arequest the Authority to give its opinion on the effect of the undertakings offered, andbconsider the Authority's opinion.7Where the CMA makes a request under subsection (6), the Authority must give its opinion on the effect of the undertakings offered.8An undertaking under this section—acomes into force when accepted;bmay be varied or superseded by another undertaking under this section;cmay be released by the CMA.9An undertaking under this section ceases to be in force if an order under section 75 or 76 of the Enterprise Act 2002 (powers to make an order where an undertaking is not fulfilled) is made, in a case where that provision of the Enterprise Act 2002 as applied by paragraph 1 of Schedule 4ZA may have effect in relation to such an undertaking.10The CMA must consider any representations received by it in relation to varying or releasing an undertaking under this section as soon as reasonably practicable.11In this section “relevant customer benefit” has the meaning given by paragraph 7 of Schedule 4ZA, except that references in paragraph 7 to what the CMA believes are to be read for the purposes of subsection (7) as references to what the Authority believes. Application of provisions of Enterprise Act 200234The provisions of Schedule 4ZA to this Act shall have effect with respect to mergers of water enterprises. Construction of merger provisions.351In this Chapter (including Schedule 4ZA)—“enterprise” has the same meaning as in Part 3 of the 2002 Act; and“water enterprise” means an enterprise carried on by a relevant undertaker.2References in this Chapter (including Schedule 4ZA), in relation to any two or more enterprises, to the merger of those enterprises are references to those enterprises ceasing, within the meaning of Part 3 of the 2002 Act, to be distinct enterprises; and sections 27 and 29 of that Act and any provision made under section 34 of that Act (time at which enterprises cease to be distinct) shall have effect for the purposes of this Chapter (including Schedule 4ZA) as they have effect for the purposes of that Part.3Nothing in sections 32 to 34 above (including Schedule 4ZA) shall prejudice any power of the CMA or the Secretary of State, in a case in which, or to any extent to which, the CMA is not required to make a reference under section 32 above, to make a reference under Part 3 of the 2002 Act in respect of any actual or prospective merger of two or more water enterprises.4Where two or more enterprises have merged or will merge as part of transactions or arrangements which also involve an actual or prospective merger of two or more water enterprises, Part 3 of the 2002 Act shall apply in relation to the actual or prospective merger of the enterprises concerned excluding the water enterprises; and references in that Part to the creation of a relevant merger situation shall be construed accordingly.5Subject to subsections (3) and (4), Part 3 of the 2002 Act shall not apply in a case in which the CMA is required to make a reference under section 32 above except as applied by virtue of Schedule 4ZA.<Emphasis><Addition ChangeId="d29p9083" CommentaryRef="c20149321"><Substitution ChangeId="key-488f8e11c5d50b842238e2b6ed05b7b0-1741184053635" CommentaryRef="key-488f8e11c5d50b842238e2b6ed05b7b0">Remuneration and governance</Substitution></Addition></Emphasis><Addition ChangeId="d29p9083" CommentaryRef="c20149321">Remuneration and standards of performance</Addition>35A1This section applies to any company holding an appointment under Chapter 1 of this Part.2As soon as reasonably practicable after the end of each financial year of the company it must make a statement to the Authority—adisclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3) below; andbwhere such remuneration has been paid or become due, describing the arrangements and the remuneration.3Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors of the company to standards of performance in connection with the carrying out by the company of the functions of a relevant undertaker.4A description under subsection (2)(b) above must include in particular—aa statement of when the arrangements were made;ba description of the standards of performance in question;can explanation of the means by which the standards of performance are assessed; anddan explanation of how the remuneration was calculated.5The statement required by subsection (2) above must also state—awhether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3) above; orbif not, whether the company intends that such arrangements will be in force at some time during that financial year,and if there are, or it is intended that there will be, such arrangements in force the statement must describe those arrangements.6A description under subsection (5) above must—ainclude in particular the matters listed in subsection (4)(a), (b) and (c) above; andbwhere the arrangements described are different from any arrangements described under subsection (2)(b) above, state the likely effect of those differences on the remuneration of each director of the company.7The statement required by subsection (2) above must be made to the Authority in such manner as may be required by the Authority.8The statement required by subsection (2) above—amust be published by the company making the statement in such manner as it reasonably considers will secure adequate publicity for it; andbmay be published by the Authority in such manner as it may consider appropriate.9The duty of a company under this section applies in respect of any person who has at any time been a director of the company.10In this section—“remuneration” in relation to a director of a company—means any form of payment, consideration or other benefit (including pension benefit), paid or due to or in respect of the director; andincludes remuneration in respect of any of his services while a director of the company;“standards of performance”, in relation to any company, include any standards which are—set by or under any conditions of the company’s appointment under Chapter 1 of this Part;contained in or prescribed by regulations made under section 38(1)(b) or (2) or section 95(1)(b) or (2) below; orset or agreed to by the company.11Any requirement imposed by this section shall be treated as a statutory requirement enforceable under section 18 above by the Authority.<Addition ChangeId="key-5cc96f4a992b96497079e9845f7654c6-1741184108269" CommentaryRef="key-5cc96f4a992b96497079e9845f7654c6">Rules about remuneration and governance</Addition>35B1The Authority may issue rules about the arrangements made by relevant undertakers for—athe remuneration of their directors and other persons, andbtheir governance.2The Authority must exercise its power under subsection (1) to issue rules which achieve the following effects—aprohibiting a relevant undertaker from giving to persons holding senior roles performance-related pay in respect of any financial year in which the undertaker has failed to meet specified standards;brequiring a relevant undertaker—ito appoint persons to hold senior roles only if they meet specified standards as to fitness and propriety or in respect of other matters, andiito prevent persons from continuing to hold senior roles if they fail to meet such standards;crequiring a relevant undertaker to have arrangements in place for involving consumers in decisions of the undertaker that are likely to have a material impact on consumer matters.3Rules made for the purposes of imposing the prohibition mentioned in subsection (2)(a) (“the pay prohibition”)—amust include standards that relate to—iconsumer matters,iithe environment,iiithe financial resilience of undertakers, andivthe criminal liability of undertakers;bmay include standards in relation to any other matters that the Authority considers appropriate;cmay make provision designed to secure that performance-related pay that, if given by a relevant undertaker, would contravene the pay prohibition on the part of the undertaker, is not given by another person;dmay provide that any provision of an agreement (whether made before or after the issuing of the rules) is void to the extent that it contravenes the pay prohibition;emay provide for a relevant undertaker to recover any payment made, or other property transferred, in breach of the pay prohibition.4For the purposes of subsection (2)(a)—a“performance-related pay” means any payment, consideration or other benefit (including pension benefit) the giving of which results from the meeting of any targets or performance standards on the part of the relevant undertaker or the person to whom such payment, consideration or benefit is given;bthe reference to giving performance-related pay to a person holding a senior role includes—igiving such pay in respect of the person, andiigiving such pay in respect of services provided by the person other than in that role.5A person holds a “senior role” with a relevant undertaker for the purposes of subsection (2)(a) and (b) if the person—ais a chief executive of the undertaker,bis a director of the undertaker, orcholds such other description of role with the undertaker as may be specified.6Rules made for the purposes of subsection (2)(c) may include a requirement for persons representing the views of consumers to be members of a board, committee or panel of a relevant undertaker.7If the Authority considers that a relevant undertaker is contravening the rules, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.8It is the duty of a relevant undertaker to comply with a direction given under subsection (7), and this duty is enforceable by the Authority under section 18.9Rules under this section may—amake different provision for different relevant undertakers or descriptions of undertakers;bmake different provision for different purposes;cmake provision subject to exceptions.10The Authority may from time to time—arevise rules issued under this section, andbissue the revised rules.11Rules issued under this section (including as revised under subsection (10)) may apply to agreements made before the rules (or revised rules) come into effect.12Nothing in subsection (2) limits other kinds of provision about remuneration and governance arrangements that may be contained in rules issued under subsection (1).13In this section—“chief executive”, in relation to a relevant undertaker, means an employee of the undertaker who, alone or jointly with one or more others, is responsible under the immediate authority of the board of directors for the conduct of the whole of the business of the undertaker;“specified” means specified in rules under this section.<Addition ChangeId="key-5cc96f4a992b96497079e9845f7654c6-1741184432384" CommentaryRef="key-5cc96f4a992b96497079e9845f7654c6">Rules under section 35B: procedure</Addition>35C1Before issuing rules under section 35B, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.2The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;deach relevant undertaker likely to be materially affected by the rules;ea person whose functions are or include representing relevant undertakers in respect of interests of the undertakers that are likely to be materially affected by the rules;fsuch other persons as the Authority considers appropriate.3The Authority must specify the period within which relevant persons may make representations about the proposed rules.4This section is subject to section 35D.<Addition ChangeId="key-5cc96f4a992b96497079e9845f7654c6-1741184510767" CommentaryRef="key-5cc96f4a992b96497079e9845f7654c6">Rules under section 35B: minor or urgent variations</Addition>35D1This section applies if the Authority proposes to issue revised rules under section 35B and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 35C does not apply to the proposed revised rules.3Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to the relevant persons mentioned in section 35C(2).5Unless 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.<Addition ChangeId="key-31d126d4461da630caaca5cc976b7826-1741184868894" CommentaryRef="key-31d126d4461da630caaca5cc976b7826">Financial transparency</Addition><Addition ChangeId="key-31d126d4461da630caaca5cc976b7826-1741184868894" CommentaryRef="key-31d126d4461da630caaca5cc976b7826">Authority to secure publication of financial overview</Addition>35E1The purpose of this section is that members of the public should have easy access to a concise, intelligible and up-to-date overview of the financial position of each relevant undertaker.2A relevant undertaker’s “financial position” includes the amount and essential characteristics of the share capital and debt used to fund the operations of the undertaker.3The overview should include significant changes that—atook place in the period of 12 months before the publication of the overview, orbare expected to take place in the period of 12 months following that publication,provided that the changes have been publicly announced.4The Authority must from time to time decide—awhat information should be included in the overview, andbin what format it should be published,in order to fulfil the purpose set out in subsection (1) (as read with subsection (3)).5The Authority must secure that each relevant undertaker is required to publish at least once every year, in a prominent place on its website, an up-to-date overview that accords with what the Authority has decided under subsection (4).6It must do so by—aexercising its appointment powers, orbissuing rules under this section.7The Authority’s “appointment powers” are—aits powers to impose and modify conditions of appointments under this Chapter, andbanything it may do by virtue of such conditions with the result that a relevant undertaker is required to act in a certain way.8Sections 35B(7) to (10), 35C and 35D apply in relation to rules under this section as they apply in relation to rules under section 35B. chapter IV INTERPRETATION OF PART <Acronym Expansion="2">II</Acronym> Interpretation of Part II.361In this Part—“the 1973 Act” means the Fair Trading Act 1973; and“the 1980 Act” means the Competition Act 1980.“the 2002 Act” means the Enterprise Act 2002;2References in this Part to an appointment or variation replacing a company as a relevant undertaker are references to the following, that is to say—athe appointment of a company to be the water undertaker or sewerage undertaker for any area which is or includes the whole or any part of any area for which another company already holds an appointment as water undertaker or, as the case may be, sewerage undertaker; orba variation by virtue of which the area for which a company holds an appointment under Chapter I of this Part is modified so as to include the whole or any part of an area for which another company already holds an appointment as water undertaker or, as the case may be, sewerage undertaker.3For the purposes of this Part premises in a part of an area are served by a company holding an appointment under Chapter I of this Part—ain relation to an appointment or variation by virtue of which that company would be replaced as the water undertaker for that part of that area, if those premises—iare supplied with water by means of a connection with a distribution main of that company; orii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .andbin relation to an appointment or variation by virtue of which that company would be replaced as the sewerage undertaker for that part of that area, if those premises—iare drained by means of a relevant sewer or drain ; orii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4In this section—“distribution main” means a water main that is not a trunk main; and“relevant sewer or drain”, in relation to any appointment or variation which would replace a company as a sewerage undertaker, means any of the following, that is to say—a public sewer or lateral drain vested in that company;a sewer or lateral drain in relation to which that company has made a declaration of vesting under section 102 below which has not yet taken effect;a sewer or lateral drain in relation to which that company has entered into an agreement under section 104 below.Part 2A<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Regulation of provision of infrastructure</Addition><Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Regulations</Addition>36A1The Minister may make regulations about the provision of infrastructure for the use of water undertakers or sewerage undertakers.2The regulations may in particular—aconfer regulatory functions on the Authority;bapply provisions of Part 2 with or without modification;cmake provision similar to a provision of Part 2.3The regulations must specify the activities to which they apply; in particular, the regulations may—aapply to designing, constructing, owning and operating infrastructure, andbdefine “infrastructure”.4The regulations—amay make provision only in relation to projects or works that in the Minister's opinion are of a size or complexity that threatens the undertaker's ability to provide services for its customers, andbin conferring powers, must restrict them to projects or works that, in the opinion of the person exercising the power, are of a size or complexity that threatens the undertaker's ability to provide services for its customers.5Sections 36B to 36D and 36F specify other kinds of provision that the regulations may make; and in those sections “infrastructure project” means a project, or part of a project, in connection with any of the things specified in subsection (3)(a).<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Tendering</Addition>36B1Regulations under section 36A may—aallow the Minister to specify one or more infrastructure projects which must be put out to tender;ballow the Authority to specify one or more infrastructure projects which must be put out to tender;callow the Minister to delegate the power under paragraph (a) to the Authority.2The regulations must prohibit a water undertaker or sewerage undertaker from undertaking an infrastructure project which is to be put out to tender in accordance with the regulations.3But the regulations may permit or require a water or sewerage undertaker to undertake preparatory work of a specified kind or for a specified purpose.4The regulations must make provision about the extent to which companies associated with a water undertaker or sewerage undertaker (as defined by the regulations) are permitted to bid in a tender process.5The regulations must specify the procedure to be followed in a tender process; in particular, the regulations—amay require the undertaker to consult the Authority or the Minister about the terms on which an infrastructure project is put out to tender;bmay specify factors to be taken into account in considering bids;cmust provide for the water or sewerage undertaker responsible for the tender process to determine which bid to accept (if any).<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Criteria for tendering</Addition>36C1Regulations under section 36A must specify criteria to be used by the Minister or the Authority in determining whether to exercise a power by virtue of section 36B(1).2The regulations may—aprovide that the Authority must consult the Minister before exercising a power by virtue of section 36B(1);brequire the Authority to publish guidance to be followed by it in determining whether to exercise a power by virtue of section 36B(1).<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Designation as an infrastructure provider</Addition>36D1Regulations under section 36A may enable the Minister or the Authority to designate as an “infrastructure provider” a person who appears to the Minister or Authority to be wholly or partly responsible for an infrastructure project that was put out to tender in accordance with regulations by virtue of section 36B.2The regulations may—aconfer powers and impose duties on designated infrastructure providers (including any power or duty that is the same as or similar to a power or duty conferred or imposed under or by virtue of this Act on water or sewerage undertakers),bconfer powers and impose duties on the Authority, the Minister or any other body with public functions (including any power or duty that is the same as or similar to a power or duty conferred or imposed under or by virtue of this Act in respect of water or sewerage undertakers),crelieve water or sewerage undertakers of specified duties to a specified extent,dprovide for designation to be conditional,eprovide, or enable the provision of, limits (by reference to place, time or otherwise) on powers and duties conferred under paragraph (a),finclude provision about enforcement of powers, duties, conditions and limitations, andginclude provision for variation or revocation of designation.<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Ministerial responsibility</Addition>36E1In this Part “the Minister” means—athe Secretary of State, in relation to infrastructure which is provided or to be provided for the use of one or more English undertakers,bthe Welsh Ministers, in relation to infrastructure which is provided or to be provided for the use of one or more Welsh undertakers, andcthe Secretary of State and the Welsh Ministers acting jointly in relation to infrastructure which is provided or to be provided for the use of one or more English undertakers and one or more Welsh undertakers.2In this section and section 36F—a“an English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England, andb“a Welsh undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in Wales.<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Cross-border infrastructure projects</Addition>36F1Regulations under section 36A may make provision about cross-border infrastructure projects.2In this section “cross-border infrastructure project” means an infrastructure project which—arelates to infrastructure in Wales which is for the use of an English undertaker, orbrelates to infrastructure in England which is for the use of a Welsh undertaker.3Regulations made by the Secretary of State about cross-border infrastructure projects—amay confer functions on the Welsh Ministers, andbmust require the Secretary of State or the Authority to consult the Welsh Ministers before exercising any power under section 36B(1) to specify projects which must be put out to tender.4Regulations made by the Welsh Ministers about cross-border infrastructure projects—amay confer functions on the Secretary of State, andbmust require the Welsh Ministers or the Authority to consult the Secretary of State before exercising any power under section 36B(1) to specify projects which must be put out to tender.<Addition ChangeId="key-f1c61a726dbbf5e9fed948ec95459976-1539088552551" CommentaryRef="key-f1c61a726dbbf5e9fed948ec95459976">Regulations: procedure</Addition>36G1Regulations under section 36A may not be made unless a draft has been laid before and approved by resolution of—aeach House of Parliament, in the case of regulations made by the Secretary of State,bthe National Assembly for Wales, in the case of regulations made by the Welsh Ministers, orceach House of Parliament and the National Assembly for Wales, in the case of regulations made by the Secretary of State and the Welsh Ministers acting jointly.2Before laying a draft under subsection (1) the Minister must consult persons who in the Minister's opinion represent interests likely to be affected by the regulations.3Section 213 applies to regulations made by the Welsh Ministers under section 36A as it applies to regulations made by the Secretary of State. Part III WATER SUPPLY chapter I GENERAL DUTIES OF WATER UNDERTAKERS <Addition ChangeId="key-db241ba4c42c8b6e447c5ac3a78cba82-1613248848870" CommentaryRef="key-db241ba4c42c8b6e447c5ac3a78cba82">etc</Addition> General duty to maintain water supply system etc.371It shall be the duty of every water undertaker to develop and maintain an efficient and economical system of water supply within its area and to ensure that all such arrangements have been made—afor providing supplies of water to premises in that area and for making such supplies available to persons who demand them; andbfor maintaining, improving and extending the water undertaker’s water mains and other pipes,as are necessary for securing that the undertaker is and continues to be able to meet its obligations under this Part.2The duty of a water undertaker under this section shall be enforceable under section 18 above—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.3The obligations imposed on a water undertaker by the following Chapters of this Part, and the remedies available in respect of contraventions of those obligations, shall be in addition to any duty imposed or remedy available by virtue of any provision of this section or section 38 below and shall not be in any way qualified by any such provision.<Addition ChangeId="d29p9500" CommentaryRef="c19905171">Water resources management plans: preparation and review</Addition>37A1It shall be the duty of each water undertaker to prepare , publish and maintain a water resources management plan.2A water resources management plan is a plan for how the water undertaker will manage and develop water resources so as to be able, and continue to be able, to meet its obligations under this Part.3A water resources management plan shall address in particular—athe water undertaker’s estimate of the quantities of water required to meet those obligations;bthe measures which the water undertaker intends to take or continue for the purpose set out in subsection (2) above (also taking into account for that purpose the introduction of water into the undertaker’s supply system by or on behalf of water supply licensees);cthe likely sequence and timing for implementing those measures; anddsuch other matters as the Secretary of State may specify in directions(and see also section 37AA). 4The procedure for preparing and publishing a water resources management plan (including a revised plan) is set out in section 37B below.5Before each anniversary of the date when its plan (or revised plan) was last published, the water undertaker shall —areview its plan; andbsend a statement of the conclusions of its review to the Secretary of State.6The water undertaker shall prepare and publish a revised plan in each of the following cases—afollowing conclusion of its annual review, if the review indicated a material change of circumstances;bif directed to do so by the Secretary of State;cin any event, not later than the end of the period of five years beginning with the date when the plan (or revised plan) was last published,and shall follow the procedure in section 37B below (whether or not the revised plan prepared by the undertaker includes any proposed alterations to the previous plan).7The Secretary of State may give directions specifying—athe form which a water resources management plan must take;bthe planning period to which a water resources management plan must relate.8Before preparing its water resources management plan (including a revised plan), the water undertaker shall consult—athe Environment Agency, if the plan (or revised plan) would affect water resources in England; aathe NRBW, if the plan (or revised plan) would affect water resources in Wales;bthe Authority;cthe Secretary of State; anddany water supply licensee which supplies water to premises in the undertaker’s area via the undertaker’s supply system.9Before giving a direction under subsection (6)(b), the Secretary of State shall consult—athe Environment Agency, if the revised plan would affect water resources in England, andbthe NRBW, if the revised plan would affect water resources in Wales.9ABefore giving a direction under subsection (6)(b), the Welsh Ministers shall consult—athe NRBW, if the revised plan would affect water resources in Wales, andbthe Environment Agency, if the revised plan would affect water resources in England.10In this section, in relation to a water resources management plan, “published” means published in accordance with section 37B(8)(a) below.<Addition ChangeId="d29p9500" CommentaryRef="c19905171"><Addition ChangeId="key-43cffe50ff7c09d998d8f3b06f70c634-1604609803589" CommentaryRef="key-43cffe50ff7c09d998d8f3b06f70c634">Water resources management plans for England: resilience</Addition></Addition>37AA1The Secretary of State may give a direction about the basis on which a water resources management plan for England is to be prepared.2A direction under this section may be given only where the Secretary of State considers it appropriate to do so with a view to securing that a water undertaker is able to meet the need for the supply of water to consumers in particular circumstances.3A direction under this section may, in particular, require a plan to be prepared on the basis of a specified assumption, including—aan assumption as to whether, and how often, specified circumstances are likely to arise;ban assumption that a specified power would or would not be exercised by the water undertaker or another person in specified circumstances.4Before giving a direction under this section, the Secretary of State must consult—athe Authority,bthe Welsh Ministers,ceach water undertaker to which the direction would apply,dthe Environment Agency,ethe NRBW, andfsuch other persons as the Secretary of State considers appropriate.5In this section—“specified” means specified in a direction under this section;“water resources management plan for England” means a water resources management plan prepared by a water undertaker whose area is wholly or mainly in England.<Addition ChangeId="d29p9500" CommentaryRef="c19905171">Water resources management plans: publication and representations</Addition>37B1A water undertaker shall—asend a draft water resources management plan to the Secretary of State;bstate whether it appears to the undertaker that any information contained in that plan is or might be commercially confidential (as regards itself or another person); andcgive the Secretary of State the name of each such other person and his address for service of a notice under subsection (2)(a) below.2If the water undertaker states that it so appears in relation to any such information, the Secretary of State shall—aif the person to whom or to whose business the information relates is not the water undertaker, give that person notice that the information is included in a draft water resources management plan and, unless subsection (10) below applies, is required to be published under this section; andbgive each person (including the water undertaker) to whom any such information relates a reasonable opportunity—iof objecting to the publication of the information relating to him on the ground that it is commercially confidential; andiiof making representations to the Secretary of State for the purpose of justifying any such objection,and shall determine, taking any objections and representations under paragraph (b) into account, whether the information is or is not commercially confidential.3A water undertaker shall—a(subject to subsection (10) below) publish the draft water resources management plan in the prescribed way or, if no way is prescribed, in a way calculated to bring it to the attention of persons likely to be affected by it;bpublish with it a statement—iwhether any information has been excluded from the published draft plan by virtue of subsection (10) below and, if it has, the general nature of that information; andiithat any person may make representations in writing about the plan to the Secretary of State before the end of a period specified in the statement; andcsend a copy of the published draft plan and accompanying statement to such persons (if any) as may be prescribed.4The Secretary of State shall send to the water undertaker a copy of any representations he receives following publication of the draft plan under subsection (3) above and shall give it a reasonable period of time within which to comment on the representations.5The Secretary of State may in regulations prescribe how such representations and any comments by the water undertaker on them are to be dealt with.6Regulations under subsection (5) above—amay provide for the Secretary of State to cause an inquiry or other hearing to be held in connection with the draft water resources management plan; andbif they do so provide, may provide for subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) to apply with prescribed modifications to such an inquiry or hearing as they apply to inquiries under that section.7The Secretary of State may direct a water undertaker that its water resources management plan must differ from the draft sent to him under subsection (1) above in ways specified in his direction, and (subject to subsection (9) below) it shall be the duty of the water undertaker to comply with the direction.8The water undertaker shall—a(subject to subsection (10) below) publish the water resources management plan in the prescribed way or, if no way is prescribed, in a way calculated to bring it to the attention of persons likely to be affected by it; andbpublish with it a statement whether any information has been excluded from the published plan by virtue of subsection (10) below and, if it has, the general nature of that information.9If the water undertaker considers that publishing a water resources management plan complying with a direction under subsection (7) above would mean including in the published plan any information (other than any information in relation to which the Secretary of State has already made a determination under subsection (2) above) which might be commercially confidential (as regards itself or another person)—athe water undertaker shall send the Secretary of State a notice saying so, and giving the Secretary of State the name of any such other person and his address for service of a notice under subsection (2)(a) above as applied by paragraph (b) below; andbsubsection (2) above shall apply in relation to that information as it applies in relation to the information referred to there;and the Secretary of State may either confirm his direction under subsection (7) above (which is to be treated as a new direction under subsection (7)) or revoke the previous such direction (or the previous one so treated) and give a new one.10The published version of a draft water resources management plan published under subsection (3)(a) above, and a water resources management plan published under subsection (8)(a) above, shall exclude any information which the Secretary of State—ahas determined under subsection (2) above (or that subsection as applied by subsection (9) above) is commercially confidential; orbdirects the water undertaker to exclude on the ground that it appears to him that its publication would be contrary to the interests of national security.11Any steps to be taken by a water undertaker under this section shall be completed by such time or within such period as the Secretary of State may direct.<Addition ChangeId="d29p9500" CommentaryRef="c19905171">Water resources management plans: provision of information</Addition>37C1It shall be the duty of each water supply licensee to provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing or revising its water resources management plan.2In the event of any dispute between a water undertaker and a water supply licensee as to the reasonableness of the water undertaker’s request under subsection (1) above, either party may refer the matter for determination by the Secretary of State, and any such determination shall be final.3For the purposes of paragraph (b) of section 37B(1) above, the water undertaker shall identify in its statement under that paragraph any information—aprovided by a water supply licensee pursuant to subsection (1) above; andbcontained in the water undertaker’s draft water resources management plan,which the water supply licensee has (at the time of providing it to the water undertaker) specifically identified as being, in the water supply licensee's opinion, commercially confidential.4The water undertaker shall not use any unpublished information save for the purpose of facilitating the performance by it of any of the duties imposed on it by or under this Act, any of the other consolidation Acts or the Water Act 1989.5In subsection (4) above—a“unpublished information” means confidential information which—iis provided to the water undertaker by a water supply licensee under this section;iirelates to the affairs of any individual or to any particular business; andiiiby virtue of section 37B above, is not published;b“the other consolidation Acts” has the same meaning as in section 206 below.<Addition ChangeId="d29p9500" CommentaryRef="c19905171">Water resources management plans: supplementary</Addition>37D1Directions given under section 37A , 37AA or 37B above may be—ageneral directions applying to all water undertakers; orbdirections applying only to one or more water undertakers specified in the directions,and shall be given by an instrument in writing.2It shall be the duty of each water undertaker to whom directions apply to comply with the directions.3The duties of—aa water undertaker under sections 37A to 37C above and under this section; andba water supply licensee under section 37C above,shall be enforceable by the Secretary of State under section 18 above.4The Minister may by order made by statutory instrument amend the period for the time being specified in section 37A(6)(c).5In subsection (4), “the Minister” means—athe Secretary of State, in relation to an order applying to water undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers, in relation to an order applying to water undertakers whose areas are wholly or mainly in Wales.6A statutory instrument containing an order made by the Secretary of State under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.7A statutory instrument containing an order made by the Welsh Ministers under subsection (4) is subject to annulment in pursuance of a resolution of the Assembly.8Subsection (9) applies in relation to a statutory instrument containing both—aan order made by the Secretary of State under subsection (4), andban order made by the Welsh Ministers under subsection (4).9If in accordance with subsection (6) or (7) (negative resolution procedure)—aeither House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing an order made by the Secretary of State be annulled, orbthe Assembly resolves that an instrument containing an order made by the Welsh Ministers be annulled,the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument. Standards of performance in connection with water supply.381For the purpose-aof facilitating the determination of the extent to which breaches of the obligations imposed by the following provisions of this Part are to amount to breaches of the duty imposed by section 37 above; orbof supplementing that duty by establishing overall standards of performance in relation to that duty,the Secretary of State may, in accordance with section 39 below, by regulations provide for contraventions of such requirements as may be prescribed to be treated for the purposes of this Act as breaches of that duty.2The Secretary of State may, in accordance with section 39 below, by regulations prescribe such standards of performance in connection with the provision of supplies of water as, in his opinion, ought to be achieved in individual cases.3Regulations under subsection (2) above may provide that if a water undertaker fails to meet a prescribed standard it shall pay such amount as may be prescribed to any person who is affected by the failure and is of a prescribed description.4Without prejudice to the generality of the power conferred by subsection (2) above, regulations under that subsection may—ainclude in a standard of performance a requirement for a water undertaker, in prescribed circumstances, to inform a person of his rights by virtue of any such regulations;bprovide for any dispute under the regulations to be referred by either party to the dispute to the Authority;cmake 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;dprescribe circumstances in which a water undertaker is to be exempted from requirements of the regulations.5Where the Authority determines any dispute in accordance with regulations under this section it shall, in such manner as may be specified in the regulations, give its reasons for reaching its decision with respect to the dispute.<Addition ChangeId="key-2d4e1b053af43c2a8c8d2aa4e8419f06-1620492087772" CommentaryRef="key-2d4e1b053af43c2a8c8d2aa4e8419f06">Standards of performance in connection with the supply of water: water supply licensees</Addition>38ZA1For 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—aimpose requirements in connection with such supplies of water;bprovide for a requirement so imposed to be enforceable under section 18 by—ithe Minister, oriithe Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.2The 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.3Regulations 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—ais affected by the failure, andbis of a prescribed description.4Without prejudice to the generality of the power conferred by subsection (2), regulations under subsection (2) may—ainclude 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;bprovide for a dispute under the regulations to be referred by either party to the dispute to the Authority;cmake 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;dprescribe circumstances in which a water supply licensee is to be exempted from requirements of the regulations.5Where 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.6In this section—“the Minister” means—the Secretary of State, in relation to supplies of water made in accordance with a retail authorisation;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.<CommentaryRef Ref="c13217891"/><Addition ChangeId="d29p10093">Information with respect to levels of performance.</Addition>38A1the Authority shall from time to time collect information with respect to—athe compensation paid by water undertakers under regulations under section 38(2) above; ...aathe compensation paid by water supply licensees under regulations under section 38ZA(2); andbthe levels of overall performance achieved by water undertakers or water supply licensees in connection with the provision of water supplies.2At such times as the Authority may direct, each water undertaker shall give the following information to the Authority—aas respects each standard prescribed by regulations under section 38(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; andbas respects each standard established by regulations under section 38(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.2AAt such times as the Authority may direct, each water supply licensee is to give the following information to the Authority—aas 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;bas 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.3The requirements in subsections (2) and (2A) are enforceable by the Authority under section 18.4The Authority shall, at least once in every year, arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or given to it under this section as it may appear to it expedient to give to customers or potential customers of water undertakers or water supply licensees.5In arranging for the publication of any such information the Authority shall have regard to the need for excluding, so far as practicable—aany matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual; andbany matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that body.<Addition ChangeId="d29p10168" CommentaryRef="c19771271">Publication of statistical information about complaints</Addition>38B1It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate relating to complaints made by consumers about any matter relating to the activities of water undertakers or water supply licensees and the handling of such complaints.2In subsection (1) above, “complaints” includes complaints made directly to water undertakers or water supply licensees (or anyone carrying on activities on their behalf) and complaints to the Authority, the Council, the Assembly or the Secretary of State. Procedure for regulations under section 38.39A1The Secretary of State may make regulations under section 38 above—aon an application by the Authority, in accordance with subsections (1) to (3) below; orbotherwise than on such an application, in accordance with subsections (4) to (8) below.1Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 38 above if—b the Secretary of State is satisfied that a copy of the application has been served by the Authority—ion every water undertaker specified in the application;. . . iion persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;iiion the Council; andivon such other persons or bodies as the Secretary of State may consider appropriate;csuch period as the Secretary of State considers appropriate has been allowed for the making—iby the Authority; andiiby any affected water undertaker or person or body on whom a copy of the application has been served under paragraph (b) above,of representations or objections with respect to the Authority's proposals and any modifications proposed by the Secretary of State; anddthe Secretary of State has considered the summary mentioned in subsection (2)(bb) below, the Authority's reasons for its proposals and every representation or objection which has been duly made with respect to those proposals, or any proposed modifications of those proposals, and has not been withdrawn.1ABefore making an application to the Secretary of State under this section the Authority shall arrange for such research as it considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results.2An application made by the Authority to the Secretary of State complies with this subsection if it—asets out the Authority’s proposals for the making of regulations under section 38 above;bspecifies the water undertaker or undertakers in relation to which it is proposed the regulations should applybb is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above; ; andcsummarises the Authority's reasons for its proposals.3The Secretary of State shall not make any regulations on an application by the Authority under this section except where—athe only provisions of the regulations are those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals with such modifications as the Secretary of State considers appropriate; andbeach of the modifications (if any) of the Authority's proposals to which effect is given by the regulations is a modification the proposal to make which has been notified—ito the Authority;. . . iito any water undertaker appearing to the Secretary of State to be likely to be affected by the modifications andiiito any person or body on whom a copy of the Authority’s application was served under subsection (1)(b) above.4Where no such application as is mentioned in subsection (1) above has been made, the Secretary of State may make regulations under section 38 above only if he considers—athat the regulations will contribute towards the attainment of policies relating to public health or the environment; orb(if he does not consider that they will so contribute) that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made.5Before making regulations under section 38 above by virtue of subsection (4) above, the Secretary of State shall—agive notice of his proposals;bconsider the results of the research carried out in accordance with subsection (7) below; andcconsider every representation or objection with respect to the proposals which has been duly made and not withdrawn.6A notice under subsection (5)(a) above must—asummarise the Secretary of State’s reasons for his proposals;bspecify the water undertaker or undertakers in relation to which it is proposed the regulations should apply; andcspecify the period within which objections or representations with respect to the proposals may be made.7Before giving notice under subsection (5)(a) above the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.8A notice under subsection (5)(a) above shall be given by serving a copy on—athe Authority;bthe Council;cevery water undertaker to which the regulations will apply;dpersons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; andesuch other persons or bodies as the Secretary of State may consider appropriate.<Addition ChangeId="key-3fbf1d35051798ecd34f5873ffc9dbea-1605549438906" CommentaryRef="key-3fbf1d35051798ecd34f5873ffc9dbea">Procedure for regulations under section 38ZA</Addition>39ZA1Section 39 applies for the purposes of making regulations under section 38ZA as it applies for the purposes of making regulations under section 38.2In the application of section 39 by virtue of subsection (1)—aa reference to a water undertaker is to be treated as a reference to a water supply licensee, andba reference to the Secretary of State is to be treated as a reference to the Minister (as defined in section 38ZA(6)).3Regulations under section 38ZA are to be made by statutory instrument.4A statutory instrument containing regulations under section 38ZA is subject to annulment in pursuance of a resolution of—aeither House of Parliament, in the case of regulations made by the Secretary of State;bthe Assembly, in the case of regulations made by the Welsh Ministers.5Section 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.<CommentaryRef Ref="c13217951"/><Addition ChangeId="d29p10519">Information to be given to customers about overall performance.</Addition>39A1Each water undertaker shall, in such form and manner and with such frequency as the Authority may direct, take steps to inform its customers , and, if the direction so specifies, water supply licensees using the undertaker’s supply system for the purpose of supplying water to the premises of customers or those customers, of—athe standards of overall performance established under section 38(1)(b) above which are applicable to that undertaker; andbthat undertaker’s level of performance as respects each of those standards.1AEach 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—athe standards of overall performance established under section 38ZA(1) which are applicable to that licensee;bthat licensee's level of performance as regards those standards.1BThe 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.2In giving a direction under subsection (1) or (1A), the Authority shall not specify a frequency of less than once in every period of twelve months.2AThe water supply licensees referred to in subsection (1) above shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers.2BIn subsection (1) above, the reference to the water undertaker’s supply system shall be construed in accordance with section 17B above.3The duty of a water undertaker or water supply licensee to comply with this section shall be enforceable by the Authority under section 18 above.<Addition ChangeId="d29p10580" CommentaryRef="c19797242">Drought plans: preparation and review</Addition>39B1It shall be the duty of each water undertaker to prepare , publish and maintain a drought plan.2A drought plan is a plan for how the water undertaker will continue, during a period of drought, to discharge its duties to supply adequate quantities of wholesome water, with as little recourse as reasonably possible to drought orders or drought permits under Chapter 3 of Part 2 of the Water Resources Act 1991.3The duties referred to in subsection (2) above include in particular those imposed under or by virtue of—asection 37 above;bsections 67 to 69 below.4A drought plan shall address, in particular, the following matters—awhat measures the water undertaker might need to take to restrain the demand for water within its area;bwhat measures the water undertaker might need to take to obtain extra water from other sources (also taking into account for that purpose the introduction of water into the undertaker’s supply system by or on behalf of water supply licensees);chow the water undertaker will monitor the effects of the drought and of the measures taken under the drought plan;dsuch other matters as the Secretary of State may specify in directions.5Section 37B above (water resources management plans: publication and representations), including any power in that section to make regulations or give directions, applies in relation to drought plans (including revised plans) as it applies in relation to water resources management plans.6Each water undertaker shall review (or further review) its drought plan and prepare and publish a revised plan in each of the following cases—aif there is a material change of circumstances;bif directed to do so by the Secretary of State;cin any event, not later than the end of the period of five years beginning with the date when the plan (or revised plan) was last published in accordance with section 37B(8)(a) above as applied by subsection (5) above,and shall follow the procedure in section 37B above as applied by subsection (5) above (whether or not the revised plan prepared by the undertaker includes any proposed alterations to the previous plan).7Before preparing its drought plan (including a revised plan), the water undertaker shall consult—athe Environment Agency, if the plan (or revised plan) would affect water resources in England; aathe NRBW, if the plan (or revised plan) would affect water resources in Wales;bthe Authority;cthe Secretary of State; anddany water supply licensee which supplies water to premises in the undertaker’s area via the undertaker’s supply system.8The Secretary of State may give directions specifying the form which a drought plan must take.9Directions given under this section (including directions given under section 37B above as applied by subsection (5) above) may be—ageneral directions applying to all water undertakers; orbdirections applying only to one or more water undertakers specified in the directions,and shall be given by an instrument in writing.10It shall be the duty of each water undertaker to whom directions apply to comply with the directions.11Before giving a direction under subsection (6)(b), the Secretary of State shall consult—athe Environment Agency, if the revised plan would affect water resources in England, andbthe NRBW, if the revised plan would affect water resources in Wales.11ABefore giving a direction under subsection (6)(b), the Welsh Ministers shall consult—athe NRBW, if the revised plan would affect water resources in Wales, andbthe Environment Agency, if the revised plan would affect water resources in England.12The duty of a water undertaker under this section shall be enforceable by the Secretary of State under section 18 above.<Addition ChangeId="d29p10580" CommentaryRef="c19797242">Drought plans: provision of information</Addition>39C1It shall be the duty of each water supply licensee to provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing or revising its drought plan.2In the event of any dispute between a water undertaker and a water supply licensee as to the reasonableness of the water undertaker’s request under subsection (1) above, either party may refer the matter for determination by the Secretary of State, and any such determination shall be final.3For the purposes of paragraph (b) of section 37B(1) above as applied by section 39B(5) above, the water undertaker shall identify in its statement under that paragraph any information—aprovided by a water supply licensee pursuant to subsection (1) above; andbcontained in the water undertaker’s draft drought plan,which the water supply licensee has (at the time of providing it to the water undertaker) specifically identified as being, in the water supply licensee's opinion, commercially confidential.4The water undertaker shall not use any unpublished information save for the purpose of facilitating the performance by it of any of the duties imposed on it by or under this Act, any of the other consolidation Acts or the Water Act 1989.5In subsection (4) above—a“unpublished information” means confidential information which—iis provided to the water undertaker by a water supply licensee under this section;iirelates to the affairs of any individual or to any particular business; andiiiby virtue of section 37B above as applied by section 39B(5) above, is not published;b“the other consolidation Acts” has the same meaning as in section 206 below.6The duties of a water supply licensee and a water undertaker under this section shall be enforceable by the Secretary of State under section 18 above.<Addition ChangeId="key-7e72e959d7c6405d5dc7e2cf93cc7490-1604610063144" CommentaryRef="key-7e72e959d7c6405d5dc7e2cf93cc7490">Drought plans: supplementary</Addition>39D1The Minister may by order made by statutory instrument amend the period for the time being specified in section 39B(6)(c).2In subsection (1), “the Minister” means—athe Secretary of State, in relation to an order applying to water undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers, in relation to an order applying to water undertakers whose areas are wholly or mainly in Wales.3A statutory instrument containing an order made by the Secretary of State under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.4A statutory instrument containing an order made by the Welsh Ministers under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly.5Subsection (6) applies in relation to a statutory instrument containing both—aan order made by the Secretary of State under subsection (1), andban order made by the Welsh Ministers under subsection (1).6If in accordance with subsection (3) or (4) (negative resolution procedure)—aeither House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing an order made by the Secretary of State be annulled, orbthe Assembly resolves that an instrument containing an order made by the Welsh Ministers be annulled,the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument. chapter II SUPPLY DUTIES Major suppliesBulk supplies.401This section applies where—aa qualifying person requests a water undertaker to provide a supply of water in bulk to the qualifying person, orba water undertaker proposes such an arrangement;and references in this section to the supplier are references to the water undertaker who is to provide the supply of water.2In this section “qualifying person” means—aa water undertaker;ba person who has made an application for an appointment or variation under section 8 which has not been determined.3On the application of the qualifying person or the supplier, the Authority may—aif it appears to the Authority that it is necessary or expedient for the purposes of securing the efficient use of water resources, or the efficient supply of water, that the supplier should give a supply of water in bulk to the qualifying person, andbif the Authority is satisfied that the supplier and qualifying person cannot reach agreement within a reasonable time,by order require the supplier to give and the qualifying person to take a supply of water in bulk for such period and on such terms and conditions as may be specified in the order.4Before making an order under subsection (3), the Authority must consult the appropriate agency, in particular about whether the proposed supply of water would secure an efficient use of water resources, taking into account the effect on the environment of the proposed supply.5Subject to subsection (6), an order under subsection (3) has effect as an agreement between the supplier and the qualifying person.6If the Authority makes an order under subsection (3) that affects a person who is a qualifying person by virtue of subsection (2)(b), the Authority must frame the order so that it does not have effect until—athe person becomes a water undertaker for the area specified in the order, orbthe person becomes a water undertaker for an area that includes the area specified in the order (in the case of a water undertaker applying for a variation).7Neither the CMA nor the Authority may exercise, in respect of an agreement for the supply of water in bulk by a water undertaker to a qualifying person, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).8Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement for the supply of water in bulk by a water undertaker to a qualifying person, andbin 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.9In exercising its functions under this section, the Authority must have regard to the desirability of—afacilitating effective competition within the water supply industry;bthe supplier's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe supplier's being able to meet its existing obligations, and likely future obligations, to supply water without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the supplier to meet its existing obligations, or likely future obligations, to supply water.10In this section and section 40A “the appropriate agency”, in relation to a determination whether to make an order under subsection (3) or section 40A(1) which would result in, or which would vary or terminate, a bulk supply agreement, means—athe Environment Agency, in a case where all parties to the bulk supply agreement are or would be—ia water undertaker whose area is wholly in England, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;bthe NRBW, in a case where all parties to the bulk supply agreement are or would be—ia water undertaker whose area is wholly in Wales, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;cboth the Environment Agency and the NRBW, in any other case.11In this section and sections 40A to 40J “bulk supply agreement” means an agreement with one or more water undertakers for the supply of water in bulk and includes—aan order under subsection (3) which is deemed to be an agreement by virtue of subsection (5), andbany agreement which has been varied by order under section 40A(1).Variation and termination of bulk supply agreements.40A1On the application of any party to a bulk supply agreement, the Authority may—aif it appears to the Authority that it is necessary or expedient for the purpose of securing the efficient use of water resources, or the efficient supply of water, that the bulk supply agreement should be varied or terminated, andbif the Authority is satisfied that variation or termination cannot be achieved by agreement within a reasonable time,by order vary or terminate the bulk supply agreement.2Before making an order under subsection (1), the Authority must consult the appropriate agency, in particular about whether the proposed variation or termination of the bulk supply agreement would secure an efficient use of water resources, taking into account the effect on the environment of what is proposed.3If an order under subsection (1) is made in relation to a bulk supply agreement, the agreement—ahas effect subject to the provision made by the order, orbceases to have effect (as the case may be).4An order under subsection (1) may require any party to the agreement to pay compensation to any other party.5Neither the CMA nor the Authority may exercise, in respect of an agreement to vary or terminate a bulk supply agreement, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).6Subsection (5)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement to vary or terminate a bulk supply agreement, andbin 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.7In exercising its functions under this section, the Authority must have regard to the expenses incurred by the supplier in complying with its obligations under the bulk supply agreement in question and to the desirability of—afacilitating effective competition within the water supply industry;bthe supplier's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe supplier's being able to meet its existing obligations, and likely future obligations, to supply water without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the supplier to meet its existing obligations, or likely future obligations, to supply water.8In this section and sections 40B to 40J—“qualifying person” has the meaning given by section 40;“supplier”, in relation to a bulk supply agreement, means any water undertaker which is required by the agreement to provide a bulk supply of water.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Codes in respect of bulk supply agreements</Addition>40B1The Authority may issue one or more codes in respect of bulk supply agreements.2A code may make provision about—aprocedures in connection with making a bulk supply agreement;bprocedures in connection with varying or terminating a bulk supply agreement;cprocedures to be followed by the Authority in determining whether to make an order under section 40(3) or 40A(1);dthe terms and conditions of a bulk supply agreement, including terms as to the duration of such an agreement;eprinciples for determining the terms and conditions that should or should not be incorporated into a bulk supply agreement;fthe steps to be taken by the Authority in determining whether a person is complying with a code.3A code must include provision requiring persons proposing to make, vary or terminate a bulk supply agreement to consult the appropriate agency.4If the Authority considers that a water undertaker is not acting as required by a code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.5The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.6It is the duty of a water undertaker to comply with a direction under subsection (4), and this duty is enforceable by the Authority under section 18.7A code may make different provision for different persons or different descriptions of person.8The Authority may from time to time revise a code issued under this section and issue a revised code.9A revised code may include provision for applying any of its revisions to bulk supply agreements made before the revised code comes into force.10In this section “the appropriate agency”, in relation to a bulk supply agreement or proposed bulk supply agreement, means the body that would be consulted by the Authority under section 40(4) or 40A(2) if an order under section 40(3) or 40A(1) were being considered in relation to the agreement or proposed agreement.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Codes under section 40B: procedure</Addition>40C1Before issuing a code under section 40B, the Authority must—aprepare a draft of the proposed code under section 40B;bconsult the appropriate agency;cconsult such other persons about the proposed code as it considers appropriate.2The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed code.3Before a code under section 40B prepared by the Authority is issued, the Minister may direct the Authority—anot to issue the code, orbto issue the code with specified modifications.4Subsection (3) is subject to subsections (6) and (7).5In subsection (3) “the Minister” means—athe Secretary of State, so far as a code prepared by the Authority relates to bulk supply agreements to which all parties are—ia water undertaker whose area is wholly or mainly in England, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;bthe Welsh Ministers, so far as a code prepared by the Authority relates to bulk supply agreements to which all parties are—ia water undertaker whose area is wholly or mainly in Wales, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;cthe Secretary of State and the Welsh Ministers acting jointly, so far as a code prepared by the Authority relates to bulk supply agreements to which—ia person falling within paragraph (a)(i) or (ii) is party, andiia person falling within paragraph (b)(i) or (ii) is party.6If the power under subsection (3) is exercised to give a direction in respect of such bulk supply agreements as are referred to in paragraph (a), (b) or (c) of subsection (5), it may not be exercised again in respect of such bulk supply agreements as are referred to in that paragraph.7If the power under subsection (3) to give a direction in respect of such bulk supply agreements as are referred to in paragraph (a), (b) or (c) of subsection (5) is not exercised on the first occasion on which it may be so exercised, it may not be exercised in respect of such bulk supply agreements as are referred to in that paragraph on a later occasion.8A direction under subsection (3) 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.9In this section “the appropriate agency” means—athe Environment Agency, so far as a proposed code relates to bulk supply agreements to which all parties are persons mentioned in section 40(10)(a)(i) or (ii);bthe NRBW, so far as a proposed code relates to bulk supply agreements to which all parties are persons mentioned in section 40(10)(b)(i) or (ii);cboth the Environment Agency and the NRBW, in any other case.10This section is subject to section 40D.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Codes under section 40B: minor or urgent revisions</Addition>40D1This section applies if the Authority proposes to issue a revised code under section 40B and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 40C does not apply to the proposed revised code.3Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—athe issuing of the revised code, andbas regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.5Unless 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.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Rules about charges for the supply of water in bulk</Addition>40E1The Authority may issue rules about charges that may be imposed by a water undertaker under a bulk supply agreement.2The rules may in particular make provision about—awhat types of charge may be imposed;bthe amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;cprinciples for determining what types of charge may or may not be imposed;dprinciples for determining the amount of any charge that may be imposed;epublication of the charges that may be imposed.3If the Authority considers that a water undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.4It is the duty of a water undertaker to comply with a direction under subsection (3), and this duty is enforceable by the Authority under section 18.5The rules may—amake different provision for different water undertakers or different descriptions of water undertaker;bmake different provision for different purposes;cmake provision subject to exceptions.6The Authority may from time to time revise rules issued under this section and issue revised rules.7The Authority must issue revised rules if—aguidance is issued under section 40I, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.8Revised rules may include provision for applying any of their revisions to bulk supply agreements made before the revised rules come into effect.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Rules under section 40E: provision about the reduction of charges</Addition>40F1Rules under section 40E may provide for the reduction of charges payable for a supply of water under a bulk supply agreement where conditions specified by the rules are satisfied.2Rules made by virtue of subsection (1) may in particular—aspecify conditions that affect any party to a bulk supply agreement;brequire that steps be taken for the purpose of reducing or managing water consumption;cspecify conditions about reducing charges payable by a person who—iis not party to the agreement, andiitakes or proposes to take such steps as satisfy or would satisfy a condition falling within paragraph (b).3The 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.4Rules made by virtue of subsection (3) may—amake provision as to the content of the notice;bspecify the period within which an undertaker is to give notice to the Authority.5Provision under subsection (4)(a) may in particular require the notice to specify—athe provision of the rules that brings about the reduction in the charge;bthe amount of the charge, with and without the reduction;cthe period for which the reduction has effect.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Rules under section 40E: procedure</Addition>40G1Before issuing rules under section 40E, the Authority must—aprepare a draft of the proposed rules, andbconsult such persons about the proposed rules as it thinks appropriate.2The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.3The Authority must have regard to guidance issued under section 40I in making rules under section 40E.4Before rules under section 40E prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.5In subsection (4) “the Minister” means—athe Secretary of State, so far as rules prepared by the Authority relate to bulk supply agreements to which all parties are—ia water undertaker whose area is wholly or mainly in England, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;bthe Welsh Ministers, so far as rules prepared by the Authority relate to bulk supply agreements to which all parties are—ia water undertaker whose area is wholly or mainly in Wales, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;cthe Secretary of State and the Welsh Ministers acting jointly, so far as rules prepared by the Authority relate to bulk supply agreements to which—ia person falling within paragraph (a)(i) or (ii) is party, andiia person falling within paragraph (b)(i) or (ii) is party.6A 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 rules may not be issued before that period of 28 days has expired.7This section is subject to section 40H.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Rules under section 40E: minor or urgent revisions</Addition>40H1This section applies if the Authority proposes to issue revised rules under section 40E and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 40G does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 40G.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Rules under section 40E: guidance</Addition>40I1The Minister may issue guidance as to the content of rules under section 40E.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe Secretary of State, in relation to bulk supply agreements to which all parties are—ia water undertaker whose area is wholly or mainly in England, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;bthe Welsh Ministers, in relation to bulk supply agreements to which all parties are—ia water undertaker whose area is wholly or mainly in Wales, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;cthe Secretary of State and the Welsh Ministers acting jointly, in relation to bulk supply agreements to which—ia person falling within paragraph (a)(i) or (ii) is party, andiia person falling within paragraph (b)(i) or (ii) is party.<Addition ChangeId="key-3cf141661c77261352bfc2b7109b07cf-1605465689143" CommentaryRef="key-3cf141661c77261352bfc2b7109b07cf">Duty to provide information about bulk supplies</Addition>40J1A supplier under a bulk supply agreement must provide such information as the appropriate agency may request in relation to water supplied under the agreement.2The requirement in subsection (1) is enforceable by the Authority under section 18.3In subsection (1) “the appropriate agency” means the body that would be consulted by the Authority under section 40A(2) if the agreement were to be varied or terminated by an order under section 40A(1). Duty to comply with water main requisition.411It shall be the duty of a water undertaker (in accordance with section 44 below) to provide a water main to be used for providing such supplies of water to premises in a particular locality in its area as (so far as those premises are concerned) are sufficient for domestic purposes, if-athe undertaker is required to provide the main by a notice served on the undertaker by one or more of the persons who under subsection (2) below are entitled to require the provision of the main for that locality;bthe premises in that locality to which those supplies would be provided by means of that main are—ipremises consisting in buildings or parts of buildings; oriipremises which will so consist when proposals made by any person for the erection of buildings or parts of buildings are carried out;andcthe conditions specified in section 42 below are satisfied in relation to that requirement.2Each of the following persons shall be entitled to require the provision of a water main for any locality, that is to say—athe owner of any premises in that locality;bthe occupier of any premises in that locality;cany local authority within whose area the whole or any part of that locality is situated;cawhere the whole or any part of that locality is situated within a Mayoral development area, the Mayoral development corporation;dwhere the whole or any part of that locality is situated in a new town, within the meaning of the New Towns Act 1981—ithe new towns residuary body; andii. . . the development corporation for the new town, . . .;andewhere the whole or any part of that locality is situated within an area designated as an urban development area under Part XVI of the Local Government, Planning and Land Act 1980, the urban development corporation.2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The duty of a water undertaker under this section to provide a water main shall be owed to the person who requires the provision of the main or, as the case may be, to each of the persons who joins in doing so.4Where a duty is owed by virtue of subsection (3) above to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.5In this section “local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple. Financial conditions of compliance.421The conditions mentioned in section 41(1)(c) above are satisfied in relation to a requirement for the provision of a water main by a water undertaker if—asuch undertakings as the undertaker may have reasonably required in accordance with subsection (2) below have been given by the person or persons who have required the provision of the main; andb such security as charging rules allow and the undertaker may have required has been provided for the discharge of any obligations imposed by those undertakings on any person who, under subsection (3) below, may be required to secure his undertakings.2The undertakings which a water undertaker may require for the purposes of subsection (1) above in respect of any water main are undertakings which—abind the person or persons mentioned in that subsection to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules, andbin the case of undertakings binding two or more persons, bind them either jointly and severally or with liability to pay apportioned in such manner as they may agree.3For the purposes of subsection (1)(b) above a person may be required to secure his undertakings in relation to the provision of a water main if—ait was by virtue of section 41(2)(a) or (b) above that he required, or joined in requiring, the provision of the main; andbhe is not a public authority.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Any dispute between a water undertaker and any other person as to—athe undertakings or security required by the undertaker for the purposes of this section; orbthe amount or amounts by way of charges required to be paid in pursuance of any such undertaking,may be referred to the Authority for determination under section 30A above by either party to the dispute.7In this section “relevant deficit” and “discounted aggregate deficit” have the meanings given by sections 43 and 43A below, respectively. Calculation of “relevant deficit” for the purposes of section 42.431For the purposes of section 42 above the relevant deficit for any year on a water main is the amount (if any) by which the relevant revenue in respect of that main for that year is exceeded by the annual borrowing costs of a loan of the amount required for the provision of that main.2The annual borrowing costs of a loan of the amount required for the provision of a water main is the aggregate amount which would fall to be paid in any year by way of payments of interest and repayments of capital if an amount equal to so much of the costs reasonably incurred in providing that main as were not incurred in the provision of additional capacity had been borrowed, by the water undertaker providing the main, on terms—arequiring interest to be paid and capital to be repaid in twelve equal annual instalments; andbproviding for the amount of the interest to be calculated at such rate, and in accordance with such other provision, as may have been determined for the purposes of this subsection.3A determination for the purposes of subsection (2) above shall be made either—aby the undertaker with the approval of the Authority; orbin default of such a determination, by the Authority.4For the purposes of this section the costs reasonably incurred in providing a water main (“the new main”) shall include—athe costs reasonably incurred in providing such other water mains and such tanks, service reservoirs and pumping stations as it is necessary to provide in consequence of the provision of the new main; andbsuch proportion (if any) as is reasonable of the costs reasonably incurred in providing or procuring the provision of any such additional capacity in an earlier main as falls to be used in consequence of the provision of the new main.5In subsection (4) above the reference to an earlier main, in relation to the new main, is a reference to any water main which—ahas been provided in pursuance of a water main requisition; orbhas been vested (by virtue of a declaration made under this Chapter) in the water undertaker,in the period of twelve years immediately before the provision of the new main.6Any reference in this section to the provision of additional capacity in a water main provided in pursuance of a requirement under any enactment is a reference to such works carried out or other things done in connection with the provision of that main as are carried out or done for the purpose of enabling that main to be used for purposes in addition to those for which it is necessary to provide the main in order to comply with the requirement.7Any reference in this section to the relevant revenue in respect of a main provided by a water undertaker for any year is—ain relation to premises connected with the main which are supplied with water by the undertaker, is a reference to so much of the aggregate of any charges payable to the undertaker in respect of services provided in the course of that year as represents charges which—ihave been imposed by the undertaker in relation to those premises; andiiare reasonably attributable to the provision of a supply of water (whether or not for domestic purposes) to those premises by means of that main;bin relation to premises connected with the main which are supplied with water by a licensed water supplier, is a reference to so much of the aggregate of any charges made during the course of that year which—iare payable by the supplier to the undertaker in respect of the duty under section 66A(2)(b), 66B(3)(b) or 66C(2)(b)(ii) below; andiiare reasonably attributable to the use of that main for the purpose of the supplier supplying water to those premises.8An approval or determination given or made by the Authority for the purposes of subsection (2) above—amay be given or made in relation to the provision of a particular water main, in relation to the provision of mains of a particular description or in relation to the provision of water mains generally; andbmay be revoked at any time except in relation to a water main in respect of which the conditions referred to in section 42(1) above have already been satisfied. .9In this section “water main requisition” means—aa requirement under section 41 above (including, by virtue of paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991, a requirement under section 40 of the Water Act 1989);ba requirement under the provisions of section 36 or 37 of the Water Act 1945 or of section 29 of Schedule 3 to that Act (water main requisitions); orca requirement under any local statutory provision corresponding to section 41 above or to any of those provisions of that Act of 1945.<Addition ChangeId="d29p11593" CommentaryRef="c19799311">Calculation of “</Addition><Term id="term-discounted-aggregate-deficit"><Addition ChangeId="d29p11593" CommentaryRef="c19799311">discounted aggregate deficit</Addition></Term><Addition ChangeId="d29p11593" CommentaryRef="c19799311">” for the purposes of section 42</Addition>43A1For the purposes of section 42 above the discounted aggregate deficit on a water main is the amount equal to the sum of the estimated relevant deficits for each of the twelve years following the provision of the main, in each case discounted in accordance with subsection (6) below.2The estimated relevant deficit for any year is the amount (if any) by which the estimated revenue in respect of the water main for that year would be exceeded by the annual borrowing costs of a loan of the amount required for the provision of that main.3Subsections (2) to (6), (8) and (9) of section 43 above (which relate to the annual borrowing costs of a loan of the amount required for the provision of a water main) shall apply for the purposes of this section as they apply for the purposes of that.4Any reference in this section to the estimated revenue in respect of a water main for any year—ain relation to premises expected to be connected with the main and supplied with water by a water undertaker, is a reference to so much of the aggregate of any charges expected to be payable to the undertaker for the provision of services in the course of that year as would represent charges—iimposed by the undertaker in relation to those premises, andiireasonably attributable to the provision of a supply of water (whether or not for domestic purposes) to those premises by means of that main; andbin relation to premises expected to be connected with the main and supplied with water by a licensed water supplier, is a reference to so much of the aggregate of any charges expected to be made during the course of that year as would be—ipayable by the supplier to the undertaker in respect of the duty under section 66A(2)(b), 66B(3)(b) or 66C(2)(b)(ii) below; andiireasonably attributable to the use of that main for the purpose of the supplier’s supplying water to those premises.5For the purpose of calculating estimated revenue under subsection (4) above, a thing is expected to be the case if, at the time the calculation is made, it is reasonably likely to occur.6The estimated relevant deficit for a year mentioned in subsection (1) above shall be discounted in order to determine its net present value by applying such factor, and in accordance with such other provision, as may be determined by the Authority.7A determination made by the Authority for the purposes of subsection (6) above—amay be made in relation to the provision of a particular water main or in relation to the provision of water mains generally; andbmay be revoked at any time except in relation to a water main in respect of which the conditions referred to in section 42(1) above have already been satisfied. Determination of completion date and route for requisitioned main.441A water undertaker shall not be in breach of a duty imposed by section 41 above in relation to any locality unless-athe period of three months beginning with the relevant day has expired; andbthe water undertaker has not, before the end of that period, so laid the water main to be provided as to enable (as the case may be)—iservice pipes to premises in that locality; oriia water main which is the subject of an agreement under section 51A below (“the self-laid main”),to connect with the main at the place or places determined under subsection (3) below.2The period mentioned in subsection (1)(a) above may be extended in any case—aby agreement between the water undertaker and the person or persons who required the provision of the main; orbwhere there is a dispute as to whether the period should be extended, by the Authority on a reference under subsection (4) below.3The places mentioned in subsection (1)(b) above shall be—asuch places as are determined by agreement between the water undertaker and the person or persons who required the provision of the water main; orbin default of agreement, such places as are determined by the Authority , on a reference under subsection (4) below, to be the places at which it is reasonable, in all the circumstances, for service pipes to premises in the locality in question , or (as the case may be) the self-laid main, to connect with the water main.4A reference for the purposes of subsection (2) or (3) above may be made to the Authority for determination under section 30A above by either party to the dispute.5In this section “relevant day”, in relation to a requirement to provide a water main . . . , means the day after whichever is the later of the following, that is to say—athe day on which the conditions specified in section 42 above are satisfied in relation to the requirement; andbthe day on which the place or places where (as the case may be)—iservice pipes to premises in the locality in question; oriithe self-laid main,will connect with the main are determined under subsection (3) above. Domestic connections Duty to make connections with main.451Subject to the following provisions of this section and to sections 46 and 47 below, it shall be the duty of a water undertaker (in accordance with section 51 below) to make a connection under this section where the owner or occupier of any premises . . .which—aconsist in the whole or any part of a building; orbare premises on which any person is proposing to erect any building or part of a building,serves a notice on the undertaker requiring it, for the purpose of providing a supply of water for domestic purposes to that building or part of a building, to connect a service pipe to those premises with one of the undertaker’s water mains.1ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1AIn relation to service pipes which do not belong to or fall to be laid by the undertaker—asubsection (1) above is subject to section 51D(1) below; andbany such service pipe which is to vest in the undertaker by virtue of an agreement under section 51A below shall be connected to one of the undertaker’s water mains subject to and in accordance with the terms of that agreement.2Where a notice has been served for the purposes of this section, the duty imposed by subsection (1) above shall be a duty... to make the connection required by the notice if—athe main with which the service pipe is required to be connected is neither a trunk main nor a water main which is or is to be used solely for the purpose of supplying water otherwise than for domestic purposes; andbsuch conditions as the undertaker may have imposed under sections 47 to 50 below have been satisfied;and, subject to section 51 below, that duty shall arise whether or not the service pipe to which the notice relates has been laid when the notice is served.3A notice for the purposes of this section—ashall be accompanied or supplemented by all such information as the undertaker may reasonably require; andbif the notice has effect so that a requirement is imposed on the undertaker by virtue of section 46(4) below, shall set out the matters that have given rise to the imposition of that requirement;but, subject to section 51(5) below and without prejudice to the effect (if any) of any other contravention of this subsection, a failure to provide information in pursuance of the obligation to supplement such a notice shall not invalidate that notice.4The duty imposed on a water undertaker by this section shall be owed to the person who served the notice by virtue of which the duty arises.5Where a duty is owed by virtue of subsection (4) above to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.6Where a water undertaker carries out any works which it is its duty under this section to carry out, the person serving the notice is liable to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules.6AAny dispute between a water undertaker and any other person as to the payments required to be made may be referred to the Authority for determination under section 30A above by either party to the dispute.7Nothing in this section or in sections 46 to 51 below shall impose any duty on a water undertaker to connect a service pipe to any premises with a service pipe to any other premises.8In the following provisions of this Chapter a notice served for the purposes of this section is referred to as a connection notice. Duty to carry out ancillary works for the purpose of making domestic connection.461Where a water undertaker is required to make a connection in pursuance of any connection notice, it shall also be the duty of the undertaker... to carry out such of the works to which this section applies as need to be carried out before the connection can be made.2This section applies to the laying of so much of the service pipe to be connected with the water main as it is necessary, for the purpose of making that connection, to lay in a street.3In a case where—athe water main with which the service pipe is to be connected is situated in a street;bthe premises consisting in the building or part of a building in question together with any land occupied with it abut on the part of the street where the main is situated; andcthe service pipe to those premises will—ienter the premises otherwise than through an outer wall of a building abutting on the street; andiihave a stopcock fitted to it by the undertaker in the premises,this section applies to the laying of so much of the service pipe as it is necessary, for the purpose of making the required connection, to lay in land between the boundary of the street and that stopcock.4In a case where the connection notice is served in compliance with a requirement imposed by a notice by a local authority under section 80 below, this section applies to the laying of so much of the service pipe to be connected with a water main in pursuance of the connection notice as it is necessary, for the purpose of making the connection, to lay in land owned or occupied by a person who is certified by that authority—ato have unreasonably refused his consent to the laying of the service pipe; orbto have sought to make the giving of his consent subject to unreasonable conditions.5Where a water main is alongside a street and within eighteen metres of the middle of that street, subsections (2) to (4) above shall have effect in relation to the laying, for the purpose of making a connection with that main, of a service pipe to any premises as if the street included so much of the land between the main and the boundary of the street as is not comprised in those premises or in any land occupied with those premises.6It shall be the duty of any water undertaker making a connection in pursuance of a connection notice to ensure that a stopcock belonging to the undertaker is fitted to the service pipe which is connected.7Subsections (4) to (6A) of section 45 above shall have effect-ain relation to any duties which, by virtue of a connection notice, are imposed on a water undertaker by this section; andbin relation to any works which, by virtue of the service of such a notice, such an undertaker carries out as its duty under this section,as they have effect by virtue of that notice in relation to the duty which arises under that section or, as the case may be, to works which the undertaker carries out as its duty under that section.8Subject to subsection (9) below, a water undertaker may comply with any duty under this section to lay a service pipe by laying a water main instead; but nothing in section 45 above or this section shall impose any duty on a water undertaker to lay a water main where it has no power to lay a service pipe.9Where a water undertaker exercises its power under subsection (8) above to lay a water main instead of a service pipe—aparagraph (a) of section 51(1) below shall have effect as if any additional time reasonably required by reason of the laying of the main instead of the service pipe were included in the time allowed by that paragraph for the laying of the service pipe; ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of connection with water main.471Subject to subsection (3) and sections 48 to sections 49 and 50 below, where the owner or occupier of any premises (“the relevant premises”) serves a connection notice on a water undertaker, the undertaker may make compliance with one or more of the requirements specified in subsection (2) below a condition of its complying with the duties to which it is subject by virtue of that notice.2The requirements mentioned in subsection (1) above are—aa requirement that such security as charging rules allow and the undertaker requires has been provided for the discharge of any obligations imposed by virtue of section 45(6) or 46(7)(b) above on the person who served the connection notice;ba requirement, in a case where the connection required by the connection notice is necessary as a consequence of a disconnection made by reason of any person’s failure to pay any charges, that the person serving the connection notice has paid any amount owed by him to the undertaker—iin respect of a supply of water to the relevant premises; oriiin respect of expenses reasonablyincurred in the making of the disconnection;ca requirement that a meter for use in determining the amount of any charges which have been or may be fixed in relation to the relevant premises by reference to volume has been installed and connected either—iby the undertaker; oriiin accordance with specifications approved by the undertaker;da requirement that—isubject to section 51D(1) below, so much of the service pipe to the relevant premises as does not belong to, vest in or fall to be laid by the undertaker; andiithe plumbing of the premises,comply with specifications approved by the undertaker for the purpose of ensuring that it will be reasonably practicable for such a meter as is mentioned in paragraph (c) above to be installed and connected as so mentioned;ea requirement that a separate service pipe has been provided—ito each house or building on the relevant premises; oriiwhere different parts of a building on the relevant premises are separately occupied, to each of those parts or to any of them;fa requirement, in relation to the relevant premises—ithat such a requirement as may be imposed under section 66 below has been complied with; oriiin a case where such a requirement could be imposed but for there already being such a cistern as is mentioned in that section, that the cistern and its float-operated valve are in good repair;ga requirement that there is no contravention in relation to the water fittings used or to be used in connection with—ithe supply of water to the relevant premises; oriithe use of water in those premises,of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this paragraph; andha requirement that every such step has been taken as has been specified in any notice served on any person under section 75 below in relation to the relevant premises.2ANo condition shall be imposed by a water undertaker under subsection (2)(e) above unless it is reasonable to do so in order to ensure that the undertaker will be able to perform its functions, in relation to the supply of water to the relevant premises or any part of those premises, efficiently.3A condition shall not be imposed by a water undertaker under this section on a person who has served a connection notice except by a counter-notice served on that person before the end of the period of fourteen days beginning with the day after the service of the connection notice.3AAny dispute as to whether any requirement of a kind mentioned in subsection (2)(a), (b), (e) or (f) above has been complied with may be referred to the Authority for determination under section 30A above by either party to the dispute.3BAny dispute between a water undertaker and any other person as to ...—athe security required to be provided by a condition imposed under subsection (2)(a),b whether the expenses referred to in subsection (2)(b)(ii) above were incurred reasonably, orcin a particular case, whether subsection (2A) above prevents a water undertaker from imposing a condition under subsection (2)(e) above,may be referred to the Authority for determination under section 30A above by either party to the dispute.4This section shall be without prejudice to the provisions of sections 233 and 372 of the Insolvency Act 1986 (conditions of supply after insolvency). Interest on sums deposited in pursuance of the deposit condition.481Where for the purposes of subsection (2)(a) of section 47 above any sums have been deposited with a water undertaker by way of security for the discharge of any obligation, the undertaker shall pay interest at such rate as may be determined either—aby the undertaker with the approval of the Authority; orbin default of a determination under paragraph (a) above, by the Authority,on every sum of 50p so deposited for every three months during which it remains in the hands of the undertaker.2An approval or determination by the Authority for the purposes of this section—amay be given or made in relation to a particular case or description of cases or generally; andbmay be revoked at any time. Supplemental provisions with respect to the metering conditions.491The power conferred on a water undertaker to impose conditions under section 47 above for the purposes of metering—ashall be exercisable in relation to any premises even if the undertaker has no immediate intention, when the power is exercised, of fixing charges in relation to those premises by reference to volume; butbshall not be exercisable so as to require the alteration or removal of any pipe laid or plumbing installed before 1st April 1989.2Specifications approved by any water undertaker for the purposes of subsection (2)(c) or (d) of section 47 above may be approved—ain relation to particular premises; orbby being published in such manner as the undertaker considers appropriate, in relation to premises generally or to any description of premises.3Any dispute between a water undertaker and any other person as to the terms of any condition imposed under section 47 above for the purposes of metering shall be referred—ato the arbitration of a single arbitrator appointed by agreement between the undertaker and that person; orbif no agreement is reached, for determination by the Authority under section 30A above.4References in this section to the imposition of a condition under section 47 above for the purposes of metering are references to the imposition of conditions by virtue of subsection (2)(c) or (d) of that section. Restriction on imposition of condition requiring separate service pipes.501This section applies where the effect of a connection notice served in respect of any house is to require a service pipe to that house to be connected with a water main with which it has previously been connected.2Where this section applies, the water undertaker on which the connection notice is served shall not be entitled to make the reconnection subject to any such condition as, apart from this section, may be imposed by virtue of section 47(2)(e) above unless the undertaker would have been entitled under section 64 below to require the provision of a separate service pipe if the reconnection had already been made. Time for performance of connection etc. duties.511A water undertaker shall not be in breach of a duty imposed by virtue of the service of a connection notice unless—ain the case of a duty to lay any service pipe or to connect any service pipe to which such a duty relates, it has failed to lay that pipe or to make that connection as soon as reasonably practicable after the relevant day;bin the case of a duty to connect a service pipe the whole of which has already been laid when the notice is served on the undertaker, it has failed to make the connection before the end of the period of fourteen days beginning with the relevant day.2In any case in which a water undertaker is subject to any such duty as is mentioned in subsection (1)(a) above, it shall be presumed, unless the contrary is shown in relation to that case, that the period of twenty-one days beginning with the relevant day is the period within which it is reasonably practicable for a water undertaker—ato lay so much of any service pipe; andbto fit such stopcock,as it is necessary to lay or fit in that case for connecting a water main in a street with a service pipe at the boundary of any premises which abut on the part of the street where the main is situated.3Where—aa connection notice is served in respect of any premises; andbat the time when the notice is served, the customer’s part of the service pipe to those premises has not been laid,the duties of the undertaker under sections 45 and 46 above shall not arise by virtue of that notice until the person serving the notice, having obtained the necessary consents from the owners and occupiers of any affected land, has, at his own expense, laid so much of the service pipe as it is necessary, for the purpose of making the connection, to lay otherwise than in a street or in land mentioned in subsections (3) to (5) of section 46 above.4In subsection (3) above the reference to the customer’s part of the service pipe to any premises is a reference to so much of the service pipe to those premises as falls to be laid otherwise than by the water undertaker in pursuance of section 46 above.5Where—aa person who has served a connection notice on a water undertaker has failed to comply with his obligation under section 45(3)(a) above to supplement that notice with information required by the undertaker; andbthat requirement was made by the undertaker at such a time before the end of the period within which the undertaker is required to comply with the duties imposed by virtue of the notice as gave that person a reasonable opportunity to provide the required information within that period,the undertaker may delay its compliance with those duties until a reasonable time after the required information is provided.6In this section “the relevant day”, in relation to a duty imposed on a water undertaker by virtue of a connection notice, means the day after whichever is the latest of the following days, that is to say-athe day on which the notice was served on the undertaker;bin a case where it is necessary for the person serving the notice to lay any service pipe after serving the notice, the day on which a notice stating that the pipe has been laid is served on the undertaker;cthe day on which all such conditions are satisfied as the undertaker has, under sections 47 to 50 above, made conditions of its compliance with that duty.<Emphasis><Addition ChangeId="d29p12570" CommentaryRef="c19800051">Adoption of water mains and service pipes</Addition></Emphasis><Addition ChangeId="d29p12570" CommentaryRef="c19800051">Agreements to adopt water main or service pipe at future date</Addition>51A1Subject to subsections (2) and (10) below, a water undertaker may agree with any person constructing or proposing to construct—aany water main; orbany service pipe,that, if the water main or service pipe is constructed in accordance with the terms of the agreement, the undertaker will, upon completion of the work, at some specified date or on the happening of some future event, declare the water main or (as the case may be) so much of the service pipe as the undertaker could otherwise, by virtue of sections 45 to 51 above, be required to lay, to be vested in that undertaker.2Subsection (1) above shall not apply in the case of water mains or service pipes which are to be used (in whole or in part) for the purpose of supplying water other than for domestic purposes, but—anothing in this section shall prevent a water undertaker from agreeing apart from this section to declare any such water main or service pipe (or a part of it, as specified in the agreement) to be vested in the undertaker; andbsuch a declaration shall take effect as a declaration made under this Chapter.3A person constructing or proposing to construct a water main or a service pipe to which subsection (1) above applies may request a water undertaker to make an agreement under this section. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9An agreement made under this section by a water undertaker shall be enforceable against the undertaker by the owner or occupier for the time being of any premises connected or to be connected with the water main or service pipe to which it relates.9AThe reference in subsection (9) to an agreement made under this section includes a reference to—aan order under section 51B which is deemed to be an agreement by virtue of section 51B(5), andban agreement which has been varied by order under section 51C(1).10A water undertaker shall not make an agreement under this section with respect to a water main or a service pipe situated within the area of another water undertaker, until either—athat other undertaker has consented in writing to the making of the agreement; orbthe Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Substitution ChangeId="key-5554a3d999a32389057ea268f41312fa-1605638588940" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Adoption at a future date: orders by Authority</Substitution></Addition>51B1This section applies where a person constructing or proposing to construct a water main or service pipe makes a request to a water undertaker under section 51A(3).2The person or the water undertaker may apply to the Authority for an order under subsection (4) if the person and the water undertaker have not made such agreement as was requested by the person.3The Authority may, on the application of the person or the water undertaker, make an order under subsection (4) if the Authority is satisfied that—ait is appropriate for work proposed to be done by a person other than the water undertaker to be so done, andbthe person and the water undertaker cannot reach agreement within a reasonable time.4The Authority may by order—arequire the water undertaker to give such undertakings as to the vesting of the water main or service pipe in the undertaker as the Authority may specify, andbimpose such terms and conditions as regards taking the benefit of the undertakings as the Authority may specify.5An order under subsection (4) has effect as an agreement under section 51A between the person and the water undertaker.6The Authority may not, by order under subsection (4), require a water undertaker to vest in itself a water main or service pipe as regards which there is a contravention of any of the requirements of section 74 that are prescribed for the purposes of this subsection.7The Authority may not make an order under subsection (4) with respect to a water main or service pipe that is situated within the area of another water undertaker, until either—athat other undertaker has consented in writing to the making of the order, orbthe Minister, on an application made to the Minister, has disapplied paragraph (a), either unconditionally or subject to such conditions as the Minister thinks fit.8“The Minister” means—athe Secretary of State, as regards the consent of a water undertaker whose area is wholly or mainly in England;bthe Welsh Ministers, as regards the consent of a water undertaker whose area is wholly or mainly in Wales.9Neither the CMA nor the Authority may exercise, in respect of an agreement for the vesting of a water main or service pipe in a water undertaker at a future date, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).10Subsection (9)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement for the vesting of a water main or service pipe at a future date, andbin 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.11In exercising its functions under this section, the Authority must have regard to the desirability of—afacilitating effective competition within the water supply industry;bthe recovery by the water undertaker of the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe ability of the water undertaker to meet its existing obligations, and likely future obligations, to supply water without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the water undertaker to meet its existing obligations, or likely future obligations, to supply water.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Substitution ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639010293" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Variation and termination of section 51A agreements</Substitution></Addition>51C1On the application of a party to a section 51A agreement to vary (or terminate) the agreement, the Authority may—aif it appears to the Authority that it is necessary or expedient that the section 51A agreement should be varied (or terminated),bif the Authority is satisfied, in the case of an application to vary the agreement, that it is appropriate for work proposed to be done by a person other than the water undertaker to be so done, andcif the Authority is satisfied that variation (or termination) cannot be achieved by agreement within a reasonable time,by order vary (or terminate) the section 51A agreement.2If an order under subsection (1) is made in relation to a section 51A agreement, the agreement—ahas effect subject to the provision made by the order, orbceases to have effect, as the case may be.3An order under subsection (1) may require any party to the agreement to pay compensation to any other party.4Neither the CMA nor the Authority may exercise, in respect of an agreement to vary or terminate a section 51A agreement, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).5Subsection (4)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement to vary or terminate a section 51A agreement, andbin 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.6In exercising its functions under this section, the Authority must have regard to the expenses incurred by the water undertaker in complying with its obligations under the section 51A agreement in question and to the desirability of—afacilitating effective competition within the water supply industry;bthe recovery by the water undertaker of the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe ability of the water undertaker to meet its existing obligations, and likely future obligations, to supply water without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the water undertaker to meet its existing obligations, or likely future obligations, to supply water.7In this section and sections 51CA to 51CG “section 51A agreement” means an agreement with a water undertaker for the vesting of a water main or service pipe in a water undertaker at a future date and includes—aan order under section 51B which is deemed to be an agreement by virtue of section 51B(5), andbany agreement which has been varied by order under subsection (1).<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Codes in respect of section 51A agreements</Addition></Addition>51CA1The Authority must issue a code in respect of section 51A agreements.2The code may make provision about—aprocedures in connection with making an agreement under section 51A;bprocedures in connection with varying or terminating a section 51A agreement;cprocedures to be followed by the Authority in determining whether to make an order under section 51B(4) or 51C(1);dthe circumstances in which it is, or is not, appropriate for work to be done by a person other than a water undertaker;ethe terms and conditions of a section 51A agreement;fprinciples for determining the terms and conditions that should or should not be incorporated into a section 51A agreement;gthe steps to be taken by the Authority in determining whether a person is complying with the code.3Provision under subsection (2)(c) may in particular require the Authority to consult—athe Chief Inspector of Drinking Water;bthe Chief Inspector of Drinking Water for Wales if there is one.4Provision under subsection (2)(d) may include in particular provision about circumstances relating to—athe nature of the work;bthe kind of premises supplied or to be supplied.5Provision under subsection (2)(e) may include in particular provision about terms and conditions as regards—aconstructing associated infrastructure;bvesting associated infrastructure in a water undertaker;cconstructing water mains so as to meet additional supply requirements;dconnecting new water mains or service pipes to the existing supply system of a water undertaker;ecomplying with requirements of the kind referred to in section 47(2);fthe duration of a section 51A agreement.6If the Authority considers that a water undertaker is not acting as required by the code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.7The Authority may not give a direction under subsection (6) requiring a person to enter into, vary or terminate an agreement.8It is the duty of a water undertaker to comply with a direction under subsection (6), and this duty is enforceable by the Authority under section 18.9The code may make different provision for different persons or descriptions of person.10The Authority must from time to time review the code and, if appropriate, issue a revised code.11A revised code may include provision for applying any of its revisions to section 51A agreements made before the revised code comes into force.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Codes under section 51CA: procedure</Addition></Addition>51CB1Before issuing a code under section 51CA, the Authority must—aprepare a draft of the proposed code under section 51CA, andbconsult the relevant persons about the proposed code.2The relevant persons are—athe Chief Inspector of Drinking Water;bthe Chief Inspector of Drinking Water for Wales if there is one;csuch other persons as the Authority considers appropriate.3The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.4Before a code under section 51CA prepared by the Authority is issued, the Minister may direct the Authority—anot to issue the code, orbto issue the code with specified modifications.5Subsection (4) is subject to subsections (7) and (8).6In subsection (4) “the Minister” means—athe Secretary of State, so far as the code relates to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the code relates to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in Wales.7The power under subsection (4) may not be exercised more than once by the Secretary of State or the Welsh Ministers.8If 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.9A 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.10This section is subject to section 51CC.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Codes under section 51CA: minor or urgent revisions</Addition></Addition>51CC1This section applies if the Authority proposes to issue a revised code under section 51CA and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 51CB does not apply to the proposed revised code.3Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—athe issuing of the revised code, andbas regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.5Unless 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.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Rules about charges in connection with a section 51A agreement</Addition></Addition>51CD1The Authority may issue rules about charges that may be imposed by a water undertaker under a section 51A agreement.2The rules may in particular make provision about—awhat types of charge may be imposed;bthe amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;cprinciples for determining what types of charge may or may not be imposed;dprinciples for determining the amount of any charge that may be imposed;epublication of the charges that may be imposed.3The rules may require a water undertaker, upon declaring a water main or service pipe to be vested in the undertaker in accordance with a section 51A agreement, to pay to the other party to the agreement an amount (which may be nil) determined in accordance with the rules.4Rules made by virtue of subsection (3) may, in particular, provide for the determination to take into account—arevenue that might be derived from the water main or service pipe in question;bcosts that might have been incurred in providing such a water main or service pipe.5The rules may also make provision as to—athe amount of security that may be required by a water undertaker for the purposes of any charges imposed by the water undertaker under a section 51A agreement;bthe type of security that may be required;cthe payment of interest on a sum deposited with a water undertaker by way of security.6If the Authority considers that a water undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.7It is the duty of a water undertaker to comply with a direction under subsection (6), and this duty is enforceable by the Authority under section 18.8The rules may make different provision for different water undertakers or descriptions of undertaker.9The Authority may from time to time revise rules issued under this section and issue revised rules.10The Authority must issue revised rules if—aguidance is issued under section 51CG, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.11Revised rules may include provision for applying any of their revisions to section 51A agreements made before the revised rules come into effect.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Rules under section 51CD: procedure</Addition></Addition>51CE1Before issuing rules under section 51CD, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.2The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;dany water undertakers or other persons likely to be affected by the rules;esuch other persons as the Authority thinks appropriate.3The Authority must specify the period (“the consultation period”) within which the relevant persons may make representations about the proposed rules.4The Authority must have regard to guidance issued under section 51CG in making rules under section 51CD.5Before rules under section 51CD prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.6In subsection (5) “the Minister” means—athe Secretary of State, so far as the rules relate to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the rules relate to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in Wales.7A 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.8This section is subject to section 51CF.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Rules under section 51CD: minor or urgent revisions</Addition></Addition>51CF1This section applies if the Authority proposes to issue revised rules under section 51CD and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 51CE does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 51CE.<Addition ChangeId="d29p12570" CommentaryRef="c19800051"><Addition ChangeId="key-5554a3d999a32389057ea268f41312fa-1605639461237" CommentaryRef="key-5554a3d999a32389057ea268f41312fa">Rules under section 51CD: guidance</Addition></Addition>51CG1The Minister may issue guidance as to the content of rules under section 51CD.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe Secretary of State, so far as the guidance is as to the content of rules relating to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the guidance is as to the content of rules relating to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in Wales.<Addition ChangeId="d29p12570" CommentaryRef="c19800051">Prohibition on connection without adoption</Addition>51D1Where a person (other than a water undertaker) constructs a water main or service pipe which is to be used, in whole or in part, for supplying water for domestic or food production purposes, no water undertaker may permit that water main or service pipe to become connected with its supply system unless it vests (to the relevant extent) in a water undertaker.2In subsection (1) above, “the relevant extent” means the extent specified in the agreement for the vesting in the undertaker of the water main or service pipe in question.3The prohibition imposed on a water undertaker by subsection (1) above shall be enforceable under section 18 above by the Authority.<Addition ChangeId="d29p12570" CommentaryRef="c19800051">Sections 51A to 51D: supplementary</Addition>51E1For the purposes of sections 51A to 51D above, the definition of “water main” in section 219(1) below shall be treated as if the words “not being a pipe for the time being vested in a person other than the undertaker” were omitted.2 In section 51A, references to so much of the service pipe as the undertaker could otherwise, by virtue of sections 45 to 51 above, be required to lay shall be construed disregarding section 46(8) above.3In this Act, references to vesting or the making of a declaration of vesting with respect to a service pipe refer to so much of the service pipe as is specified for those purposes in the relevant vesting agreement. Domestic supplies The domestic supply duty.521The domestic supply duty of a water undertaker in relation to any premises is a duty, until there is an interruption of that duty—ato provide to those premises such a supply of water as (so far as those premises are concerned) is sufficient for domestic purposes; andbto maintain the connection between the undertaker’s water main and the service pipe by which that supply is provided to those premises.2Subject to the following provisions of this section and to section 53 below, a water undertaker shall owe a domestic supply duty in relation to any premises to which this section applies . . . if—aa demand for a supply of water for domestic purposes has been made, in accordance with subsection (5) below, to the undertaker in respect of those premises; orbthose premises are premises to which this section applies by reason of a supply of water provided before 1st September 1989,and there has been no interruption of the domestic supply duty in relation to those premises since that demand was made or, as the case may be, since the beginning of 1st September 1989.3Subject to subsection (4A) below,this section applies to any premises if—athey consist in the whole or any part of a building and are connected by means of a service pipe to one of the water undertaker’s water mains; andbthe requirements of subsection (4) below are satisfied in relation to those premises.4The requirements of this subsection are satisfied in relation to any premises if—athe pipe by means of which the premises are connected to the water main in question was first connected with that main in pursuance of a connection notice served in respect of those premises;bthat pipe was the means by which a supply of water from that main was being supplied to those premises for domestic purposes immediately before 1st September 1989;cthe condition specified in paragraph (b) above would be satisfied in relation to the premises if any service pipe to those premises had not been temporarily disconnected for the purposes of any necessary works which were being carried out immediately before 1st September 1989;cathe premises are in a retail exit area and the pipe by means of which the premises are connected to the water main in question was first connected with that main in pursuance of section 66A(3); or,dthe condition specified in any of the preceding paragraphs—ihas been satisfied in relation to the premises at any time on or after 1st September 1989; andiiwould continue to be satisfied in relation to the premises had not the whole or any part of a service pipe to those premises, or the main with which such a pipe had been connected, been renewed (on one or more previous occasions).4AThis section does not apply to any premises if—athey are not in the area of the water undertaker or they are in a retail exit area ;bthey are not household premises (as defined in section 17C above); andc in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales, the total quantity of water estimated to be supplied to them annually for the purposes of subsection (2) of section 17D above is not less than the quantity specified in that subsection.5For the purposes of this section a demand in respect of any premises is made in accordance with this subsection if it is made—aby the person who is the occupier of the premises at the time when the demand is made; orbby a person who is the owner of the premises at that time and agrees with the undertaker to pay all the undertaker’s charges in respect of the supply demanded.6For the purposes of this section—athere is an interruption of the domestic supply duty owed by a water undertaker in relation to any premises if that supply is cut off by anything done by the undertaker in exercise of any of its disconnection powers, other than a disconnection or cutting off for the purposes of the carrying out of any necessary works; andba domestic supply duty owed in relation to any premises shall not be treated as interrupted by reason only of a change of the occupier or owner of the premises.6AFor the purposes of this section, there is also an interruption of the domestic supply duty owed by a water undertaker in relation to any premises where—aa notice is served in respect of those premises under section 63AA below; andbthe time specified in that notice has passed.7Nothing in this section shall impose any duty on a water undertaker—ato provide a supply of water directly from, or maintain any connection with, a water main which is a trunk main or is or is to be used solely for the purpose of supplying water otherwise than for domestic purposes; orbto provide a supply of water to any premises, or maintain the connection between a water main and a service pipe to any premises, during any period during which it is reasonable—ifor the supply of water to those premises to be cut off or reduced; oriifor the pipe to be disconnected,for the purposes of the carrying out of any necessary works.8In this section references to the disconnection powers of a water undertaker are references to the powers conferred on the undertaker by any of sections 60 to 62 and 75 below. Conditions of compliance with domestic supply duty.531Where a demand for the purposes of section 52(2) above has been made to a water undertaker in respect of any premises (“the relevant premises”), the undertaker may make compliance with one or more of the requirements specified in subsection (2) below a condition of providing his first supply of water in compliance with that demand.2The requirements mentioned in subsection (1) above are—aa requirement, in a case where the demand is made as a consequence of a supply having been cut off by reason of any person’s failure to pay any charges, that the person making the demand has paid any amount owed by him to the undertaker—iin respect of a supply of water to the relevant premises; oriiin respect of expenses reasonably incurred in cutting off any such supply;ba requirement, in relation to the relevant premisesithat such a requirement as may be imposed under section 66 below has been complied with; oriiin a case where such a requirement could be imposed but for there already being such a cistern as is mentioned in that section, that the cistern and its float-operated valve are in good repair;ca requirement that there is no contravention in relation to the water fittings used or to be used in connection with—ithe supply of water to the relevant premises; oriithe use of water in those premises,of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this subsection; andda requirement that every such step has been taken as has been specified in any notice served on any person under section 75 below in relation to the relevant premises.2AAny dispute between a water undertaker and any other person as to whether the expenses referred to in subsection (2)(a)(ii) above were incurred reasonably may be referred to the Authority for determination under section 30A above by either party to the dispute.2AAny dispute between a water undertaker and any other person as to whether any requirement of a kind mentioned in subsection (2)(a) or (b) above has been complied with may be referred to the Authority for determination under section 30A above by either party to the dispute.3This section shall be without prejudice to the provisions of sections 233 and 372 of the Insolvency Act 1986 (conditions of supply after insolvency). Enforcement of domestic supply duty.541A duty imposed on a water undertaker under section 52 above—ato provide a supply of water to any premises; orbto maintain a connection between a water main and a service pipe by which such a supply is provided,shall be owed to the consumer.2Where a duty is owed by virtue of this section to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach. Other supplies Supplies for non-domestic purposes.551This section applies where the owner or occupier of any premises in the area of a water undertaker requests the undertaker to provide a supply of water to those premises and—athe premises are premises which do not consist in the whole or any part of a building; orbthe requested supply is for purposes other than domestic purposes.1AThis section also applies where—aa water undertaker is requested to provide a supply of water to premises which are not in the undertaker’s area by the owner or occupier of the premises;bthe premises are household premises (as defined in section 17C above) , in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales, or the total quantity of water estimated to be supplied to the premises annually for the purposes of subsection (2) of section 17D above is less than the quantity specified in that subsection; andcparagraph (a) or (b) of subsection (1) above applies.1BBut this section does not apply to any premises if—athey are in a retail exit area, andbthey are not household premises (as defined in section 17C above).2Where this section applies, it shall be the duty of the water undertaker, in accordance with such terms and conditions as may be determined under section 56 below—ato take any such steps as may be so determined in order to enable the undertaker to provide the requested supply; andbhaving taken any such steps, to provide that supply.3A water undertaker shall not be required by virtue of this section to provide a new supply to any premises, or to take any steps to enable it to provide such a supply, if the provision of that supply or the taking of those steps would—arequire 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; orbotherwise put at risk the ability of the undertaker to meet any of the existing or probable future obligations mentioned in paragraph (a) above.4A water undertaker shall not be required by virtue of this section to provide a new supply to any premises, or to take any steps to enable it to provide such a supply, if there is a contravention in relation to the water fittings used or to be used in connection with—athe supply of water to those premises; orbthe use of water in those premises,of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this subsection.5Where—aa request has been made by any person to a water undertaker for the purposes of subsection (2) above; andbthe 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 the undertaker of any of its powers or the carrying out by the undertaker of any works,the failure of the undertaker to acquire the necessary authority or agreement shall not affect any liability of that person, under any term or condition in accordance with which those steps are taken, to re-imburse the undertaker in respect of some or all of the expenses incurred by the undertaker in taking those steps.6Nothing in this section shall impose any duty on a water undertaker to provide a supply of water to any premises during any period during which it is reasonable for the supply of water to those premises to be cut off or reduced for the purposes of the carrying out of any necessary works.7The duty of a water undertaker to supply water under this section at the request of any person, and any terms and conditions determined under section 56 below in default of agreement between the undertaker and that person, shall have effect as if contained in such an agreement.8Except so far as otherwise provided by the terms and conditions determined under section 56 below in relation to any supply, the duties of a water undertaker under this section shall have effect subject to the provisions of sections 60 to 63 and 63AB and 75 below. Determinations on requests for non-domestic supplies.561Subject to subsection (3) below, any terms or conditions or other matter which falls to be determined for the purposes of a request made by any person to a water undertaker for the purposes of section 55 above shall be determined—aby agreement between that person and the water undertaker; orbin default of agreement, by the Authority according to what appears to it to be reasonable.2Subject to subsection (3) below, the Authority shall also determine any dispute arising between any person and a water undertaker by virtue of subsection (3) or (4) of section 55 above.3The Authority may, instead of itself making a determination under subsection (1) or (2) above, refer any matter submitted to it for determination under that subsection to the arbitration of such person as it may appoint.4For the purposes of any determination under this section by the Authority or any person appointed by it it shall be for a water undertaker to show that it should not be required to comply with a request made for the purposes of section 55 above.5The charges in respect of a supply provided in compliance with any request made for the purposes of section 55 above—ashall not be determined by the Authority or a person appointed by it, except in so far as, at the time of the request, no provision is in force by virtue of a charges scheme under section 143 below in respect of supplies of the applicable description; andbin so far they do fall to be determined, shall be so determined having regard to the desirability of the undertaker’s—irecovering the expenses of complying with its obligations under section 55 above; andiisecuring a reasonable return on its capital.6To the extent that subsection (5)(a) above excludes any charges from a determination under this section, those charges shall be fixed from time to time by a charges scheme under section 143 below, but not otherwise.7The determination of any matter under this section shall be without prejudice to the provisions of sections 233 and 372 of the Insolvency Act 1986 (conditions of supply after insolvency). Duty to provide a supply of water etc. for fire-fighting.571It shall be the duty of a water undertaker to allow any person to take water for extinguishing fires from any of its water mains or other pipes on which a fire-hydrant is fixed.2Every water undertaker shall, at the request of the fire and rescue authority concerned, fix fire-hydrants on its water mains (other than its trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out within the area of the undertaker.3It shall be the duty of every water undertaker to keep every fire-hydrant fixed on any of its water mains or other pipes in good working order and, for that purpose, to replace any such hydrant when necessary.4It shall be the duty of a water undertaker to ensure that a fire and rescue authority has been supplied by the undertaker with all such keys as the authority may require for the fire-hydrants fixed on the water mains or other pipes of the undertaker.4AWhere a fire-hydrant is removed (other than at the request of the fire authority concerned) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker.5Subject to subsection (5A) and section 58(3) below, the expenses incurred by a water undertaker in complying with its obligations under subsections (2) to (4) above shall be borne by the fire and rescue authority concerned.5AWhere a fire-hydrant is damaged as the result of any use made of it with the authority of a water undertaker, other than use for the purposes of fire-fighting or for any other purposes of a fire and rescue authority, the fire and rescue authority is not liable for the cost of repairing or replacing the hydrant.6Nothing in this section shall require a water undertaker to do anything which it is unable to do by reason of the carrying out of any necessary works.7The obligations of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State.8In addition, where a water undertaker is in breach of its obligations under this section, the undertaker shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.9In any proceedings against any water undertaker for an offence under subsection (8) above it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Specially requested fire-hydrants.581A water undertaker shall, at the request of the owner or occupier of any factory or place of business, fix a fire-hydrant, to be used for extinguishing fires and not other purposes, at such place on any suitable water main or other pipe of the undertaker as is as near as conveniently possible to that factory or place of business.2For the purposes of subsection (1) above a water main or other pipe is suitable, in relation to a factory or place of business, if—ait is situated in a street which is in or near to that factory or place of business; andbit is of sufficient dimensions to carry a hydrant and is not a trunk main.3Subsection (5) of section 57 above shall not apply in relation to expenses incurred in compliance, in relation to a specially requested fire-hydrant, with the obligations under subsections (3) and (4) of that section.4Any expenses incurred by a water undertaker—ain complying with its obligations under subsection (1) above; orbin complying, in relation to a specially requested fire-hydrant, with its obligations under section 57(3) or (4) above,shall be borne by the owner or occupier of the factory or place of business in question, according to whether the person who made the original request for the hydrant did so in his capacity as owner or occupier.4AWhere a specially requested fire-hydrant is removed (other than at the request of the owner or occupier of the factory or place of business in question) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker.5Subsections (6) to (9) of section 57 above shall apply in relation to the obligations of a water undertaker under this section as they apply to the obligations of a water undertaker under that section.6In this section—“factory” has the same meaning as in the Factories Act 1961; and“specially requested fire-hydrant” means a fire-hydrant which—ais fixed on a water main or other pipe of a water undertaker; andbwas fixed on that main or pipe (whether before or after it became such a main or pipe under the Water Act 1989) in pursuance of a request made by the owner or occupier of a factory or place of business. Supplies for other public purposes.591A water undertaker shall, at the request of a sewerage undertaker, highway authority or local authority, provide, from such of its pipes as are of an appropriate capacity, a supply of water for cleansing sewers and drains, for cleansing and watering highways or, as the case may be, for supplying any public pumps, baths or wash-houses.2A supply of water provided by a water undertaker under this section shall be provided upon such terms and conditions as may be reasonable.3A water main or other pipe of a water undertaker shall be treated as of an appropriate capacity for the purposes of this section if and only if it has a fire-hydrant fixed on it.4Nothing in this section shall require a water undertaker to do anything which it is unable to do by reason of the carrying out of any necessary works.5The obligations of a water undertaker under this section shall be enforceable under section 18 above by the Authority. Disconnections Disconnections for the carrying out of necessary works.601Subject to the following provisions of this section, a water undertaker may—adisconnect a service pipe which, for the purposes of providing a supply of water to any premises, is connected with any water main of that undertaker; orbotherwise cut off a supply of water to any premises,if it is reasonable for the disconnection to be made, or the supply to be cut off, for the purposes of the carrying out of any necessary works.2The power of a water undertaker under this section to cut off a supply of water shall include power to reduce a supply of water.3Except in an emergency or in the case of a reduction which is immaterial, the power of a water undertaker under this section to cut off or reduce a supply shall be exercisable in relation to any premises only after the undertaker has served reasonable notice on the consumer of the proposal for the carrying out of the necessary works.4Where a water undertaker exercises its power under this section to make any disconnection or to cut off or reduce a supply of water to any premises for the purposes of the carrying out of any necessary works, it shall owe a duty to the consumer to secure—athat those works are carried out with reasonable dispatch; andbthat any supply of water to those premises for domestic purposes is interrupted for more than twenty-four hours for the purposes of the carrying out of those works only if an emergency supply has been made available (whether or not in pipes) within a reasonable distance of the premises.5Any breach by a water undertaker of the duty owed by virtue of subsection (4) above which causes any person to whom it is owed to sustain loss or damage shall be actionable at the suit of that person. Disconnections for non-payment of charges.611Subject to subsections (1A) to (6), a water undertaker may disconnect a service pipe which for the purposes of providing a supply of water to any premises is connected with any water main of that undertaker, or may otherwise cut off a supply of water to any premises, if subsection (1ZA) or (1ZB) applies1ZA This subsection applies if the occupier of the premises—ais liable (whether in his capacity as occupier or under any agreement with the undertaker) to pay charges due to the undertaker in respect of the supply of water to those premises; andbhas failed to do so before the end of the period of seven days beginning with the day after he is served with notice requiring him to do so.1ZBThis 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.1ZCA water supply licensee may make a request under subsection (1ZB) only if—athe 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,bthe licensee has served notice on the occupier requiring payment of charges due,cthe 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, anddthat period has expired.1AThe power conferred by subsection (1) above is not exercisable in relation to any premises specified in Schedule 4A to this Act.2Where—aa water undertaker has served a notice for the purposes of paragraph (b) of subsection (1ZA) above on a person; andbwithin the period of seven days mentioned in that paragraph, that person serves a counter-notice on the undertaker stating that he disputes his liability to pay the charges in question,the undertaker shall not in respect of that notice exercise his power by virtue of subsection (1) in relation to any 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) below.2AWhere—aa water supply licensee has served a notice for the purposes of subsection (1ZC)(b) on a person, andbwithin 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).3For the purposes of subsection (2) or (2A) above charges are enforceable in a manner specified in this subsection against a person if-athe undertaker or, as the case may be, the licensee is able to enforce a judgment against that person for the payment of the charges; orbthat person is in breach of an agreement entered into, since the service of his counter-notice, for the purpose of avoiding or settling proceedings by the undertaker or, as the case may be, the licensee for the recovery of the charges.4A water undertaker which exercises its power under this section to disconnect any pipe or otherwise to cut off any supply of water may recover... any expenses reasonably incurred by the undertaker in making the disconnection or in otherwise cutting off the supply —afrom 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);bfrom the water supply licensee who made the request, in a case where the power is exercised in the circumstances mentioned in subsection (1ZB).5Where—aa water undertaker has power under this section to disconnect any pipe to any premises, or otherwise to cut off any supply to any premises; andba supply of water is provided to those premises (“the primary premises”) and to other premises (“the secondary premises”) wholly or partly by the same service pipe,the undertaker may exercise that power so as to cut off the supply to the secondary premises if and only if the same person is the occupier of the primary premises and of the secondary premises.6The undertaker may not cut off the supply to the secondary premises in reliance on subsection (5) if—ain 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;bin 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. Disconnections at request of customer.621Subject to the following provisions of this section, a water undertaker may—adisconnect a service pipe which for the purposes of providing a supply of water to any premises is connected with any water main of that undertaker; orbotherwise cut off a supply of water to any premises,if notice specifying the time after which a supply of water to those premises will no longer be required has been served on the undertaker by a consumer and that time has passed.2No person shall be liable to a water undertaker for any expenses incurred by the undertaker in exercising the power conferred on the undertaker by this section. General duties of undertakers with respect to disconnections.631Where a water undertaker—adisconnects a service pipe to any inhabited house, or otherwise cuts off a supply of water to such a house; andbdoes so without restoring the supply to that house before the end of the period of twenty-four hours beginning with the time when it is cut off,the undertaker shall, no later than forty-eight hours after that time, serve notice that it has cut off that supply on the local authority in whose area the house is situated.2A water undertaker which fails, without reasonable excuse, to serve a notice on a local authority as required by subsection (1) above shall be guilty of an offence under this section.3A water undertaker shall be guilty of an offence under this section if—ait disconnects a service pipe to any premises, or otherwise cuts off a supply of water to any premises, in a case in which it has no power to do so under sections 60 to 62 above, section 75 below or any other enactment; orbin disconnecting any such pipe or cutting off any such supply it fails, without reasonable excuse, to comply with any requirement of the provisions in pursuance of which it disconnects the pipe or cuts off the supply.3AA 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).4A water undertaker which is guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.<Emphasis><Addition ChangeId="d29p14134" CommentaryRef="c19800321">Supply by </Addition><Addition ChangeId="d29p14134" CommentaryRef="c19800321"><Substitution ChangeId="key-5fc14cb6b045de14a6ab2ab8be9455dc-1613249265192" CommentaryRef="key-5fc14cb6b045de14a6ab2ab8be9455dc">water supply licensee</Substitution></Addition> <Addition ChangeId="d29p14134" CommentaryRef="c19800321">etc</Addition></Emphasis><Addition ChangeId="d29p14134" CommentaryRef="c19800321">Supply by </Addition><Addition ChangeId="d29p14134" CommentaryRef="c19800321"><Substitution ChangeId="key-9cbf89ca2715efda20c1385fe2c52cbb-1613486663189" CommentaryRef="key-9cbf89ca2715efda20c1385fe2c52cbb">water supply licensee</Substitution></Addition><Addition ChangeId="d29p14134" CommentaryRef="c19800321">: domestic supply</Addition>63AA1The owner or occupier of any premises may serve a notice on a water undertaker—ainforming the undertaker that the premises are to be supplied by a water supply licensee; andbspecifying the time after which a supply of water to the premises by the undertaker will no longer be required.2Where the charges for the water supplied by the undertaker are, under Chapter 1 of Part 5 of this Act, fixed in relation to the premises by reference to volume, the time specified in the notice shall fall at least two working days after the notice is served.3In this section and section 63AB below, any reference to two working days is a reference to a period of forty-eight hours calculated after disregarding any time falling on—aa Saturday or Sunday; orbChristmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.<Addition ChangeId="d29p14134" CommentaryRef="c19800321">Supply by </Addition><Addition ChangeId="d29p14134" CommentaryRef="c19800321"><Substitution ChangeId="key-e8c0cccfd30e995b67ad6951dfdee31c-1620501265106" CommentaryRef="key-e8c0cccfd30e995b67ad6951dfdee31c">water supply licensee</Substitution></Addition><Addition ChangeId="d29p14134" CommentaryRef="c19800321">: non-domestic supply</Addition>63AB1The duty of a water undertaker under section 55 above or section 63AC(2) to provide a supply of water to any premises shall cease to apply if—aa notice specifying the time after which a supply of water to the premises by the undertaker will no longer be required in consequence of the premises being supplied by a water supply licensee has been served on the undertaker by the owner or occupier of the premises; andbthat time has passed.2Where the charges for the water supplied by the undertaker are, under Chapter 1 of Part 5 of this Act, fixed in relation to the premises by reference to volume, the time specified in the notice shall fall at least two working days after the notice is served.<Addition ChangeId="d29p14134" CommentaryRef="c19800321"><Substitution ChangeId="key-dd423d2c304dfb35205f899cef684b17-1620675803568" CommentaryRef="key-dd423d2c304dfb35205f899cef684b17">Interim duty: domestic and non-domestic supply</Substitution></Addition>63AC1This section applies where—aa water supply licensee (“the previous licensee”) ceases to supply any premises with water, andbthe owner or occupier of the premises has not notified the water undertaker in whose area the premises are that—ihe has made arrangements for the continuation of the supply of water to the premises, oriihe intends any supply of water to the premises to cease.2It is to be the duty of the water undertaker to continue the supply of water to the premises which was made by the previous licensee.3But the Authority may give a direction to an eligible water supply licensee (an “interim licensee”) providing that it is to be the duty of that licensee to continue the supply instead.4An “eligible water supply licensee” is a water supply licensee with a retail authorisation or a restricted retail authorisation who has elected to be an eligible water supply licensee for the purposes of this section in accordance with the code issued under section 63AF.5If the Authority proposes to give a direction under subsection (3) to an eligible water supply licensee—athe Authority must give notice of the proposed direction to the licensee, andbthe licensee may, in accordance with the code issued under section 63AF, temporarily suspend the election made by the licensee as mentioned in subsection (4), so that the proposed direction cannot be given to the licensee.6Where a supply is made by an undertaker under subsection (2)—athe charges payable in respect of the supply are to be fixed from time to time by a charges scheme under section 143, andbsubject to subsection (12), the supply is to be made until—ia supply is made by an interim licensee by virtue of a direction under subsection (3),iia supply is made by a water supply licensee following the service of a notice under section 63AA or 63AB;iiia supply is made under section 52 or 55, oriva notice is served by the undertaker on the owner or occupier of the premises stating that the supply is to be discontinued (subject to subsection (8)),whichever is the earlier.7Where a supply is made by an interim licensee by virtue of a direction given under subsection (3)—athe supply by the interim licensee is to be treated as having begun on the date on which the previous licensee ceased to supply the premises,bthe terms and conditions in accordance with which the supply is to be made are to be—ithose provided for by a scheme made under section 63AE, oriisuch other terms and conditions as may be agreed between the interim licensee and the owner or occupier of the premises, andcsubject to subsection (12), the supply is to be made until it is discontinued in accordance with the terms and conditions mentioned in paragraph (b).8A notice under subsection (6)(b)(iv) may not be served before the end of the period of three months beginning with the day on which the supply by the previous licensee ceased.9Subsections (10) and (11) apply if, within a period of three months beginning with the date on which the previous licensee ceased to supply the premises with water, the owner or occupier of the premises serves notice—aunder section 63AA or 63AB, on the water undertaker continuing the supply under subsection (2), orbin accordance with the terms and conditions mentioned in subsection (7)(b), on the interim licensee continuing the supply by virtue of a direction given under subsection (3),that instead another water supply licensee (“the new licensee”) is to continue the supply of water to the premises which was made by the previous licensee.10The notice must—aspecify the time from which the new licensee is to continue the supply in question, andbbe served in accordance with the code issued under section 63AF.11In the case of a notice served as mentioned in subsection (9)(a), the supply by the new licensee is to be treated as having begun on the date on which the previous licensee ceased to supply the premises.12Supplies of water under this section are subject to sections 60 to 63.<Addition ChangeId="key-dd423d2c304dfb35205f899cef684b17-1620676260776" CommentaryRef="key-dd423d2c304dfb35205f899cef684b17">Interim duty: supplementary</Addition>63AD1A water undertaker is not required by virtue of section 63AC to provide a supply of water to any premises if the provision of the supply would—arequire 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, orbotherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a).2The Authority may determine, in a case referred to it by the owner or occupier of the premises in question, whether the condition in subsection (1) is satisfied in relation to a water undertaker.3Before the Authority determines whether that condition is satisfied, it must consult—athe Secretary of State, in the case of a water undertaker whose area is wholly or mainly in England;bthe Welsh Ministers, in the case of a water undertaker whose area is wholly or mainly in Wales.4The supply of water to any premises by a water undertaker under section 63AC does not prevent a proposed supply to those premises by that undertaker under section 55 from being regarded as a new supply for the purposes of that section.5Where a duty is imposed by section 63AC(2), or by virtue of a direction given under section 63AC(3), in respect of any premises, any breach of the duty which causes the owner or occupier of the premises to sustain loss or damage is actionable at the suit of that owner or occupier.6But in any proceedings brought against a water undertaker or water supply licensee in pursuance of subsection (5), it is a defence for the undertaker or licensee to show that the undertaker or, as the case may be, the licensee took all reasonable steps and exercised all due diligence to avoid the breach.7For the purposes of section 63AC, 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.8In subsection (7), the reference to the undertaker's supply system is to be construed in accordance with section 17B.<Addition ChangeId="key-dd423d2c304dfb35205f899cef684b17-1620676260776" CommentaryRef="key-dd423d2c304dfb35205f899cef684b17">Interim licensees: schemes for terms and conditions</Addition>63AE1A person who is an eligible water supply licensee for the purposes of section 63AC must make, and from time to time revise, a scheme containing the terms and conditions which, in the absence of agreed terms and conditions, are to apply to a supply of water made by the licensee by virtue of a direction given under section 63AC(3).2A scheme under this section may make different provision for different purposes, or for different areas.3As soon as practicable after a water supply licensee makes or revises a scheme under this section the licensee is to—apublish the scheme, or revised scheme, on the licensee's website, andbsend a copy of the scheme, or revised scheme, to the Authority.4The Authority may give a direction that terms and conditions applying to a supply of water in accordance with a scheme under this section must be modified as specified in the direction.5A direction under subsection (4) may apply—agenerally to terms and conditions applying in accordance with a scheme under this section, orbto terms and conditions so applying in any particular case.6It is the duty of a water supply licensee to comply with a direction under subsection (4), and this duty is enforceable under section 18.<Addition ChangeId="key-dd423d2c304dfb35205f899cef684b17-1620676260776" CommentaryRef="key-dd423d2c304dfb35205f899cef684b17">Interim duty: code</Addition>63AF1The Authority must issue a code in relation to—asupplies of water under section 63AC, andbits power of direction under section 63AC(3) (power to direct that eligible water supply licensee makes interim supply).2The code may, in particular, make provision about—athe procedure for electing to be an eligible water supply licensee for the purposes of section 63AC;bthe procedure for temporarily suspending such an election under section 63AC(5)(b);cthe circumstances in which the Authority's power of direction under section 63AC(3) or 63AE(4) may or may not be exercised;dhow the Authority will determine the date on which a water supply licensee ceased to supply premises with water for the purposes of section 63AC;eterms and conditions contained in schemes made under section 63AE;feligible water supply licensees informing owners or occupiers of premises of their schemes for terms and conditions made under section 63AE, before agreeing any terms and conditions as mentioned in section 63AC(7)(b)(ii);gthe giving of notices as mentioned in section 63AC(9) (that a new licensee is to continue the supply of water made by the previous licensee) including, in particular, provision about—ithe earliest time that a notice may specify as the time from which a new licensee is to continue the supply of water made by a previous licensee;iithe procedure for serving a notice.3If the Authority considers that a water supply licensee is not acting as required by provision contained in the code as mentioned in subsection (2)(e) or (f), the Authority may give the licensee a direction to do, or not to do, a particular thing specified in the direction.4It is the duty of a water supply licensee to comply with a direction under subsection (3), and this duty is enforceable under section 18.5The Authority must from time to time review the code and, if appropriate, issue a revised code.6References in section 63AC to the code issued under this section are to the code issued under this section that has effect at the time in question.<Addition ChangeId="d29p14344"> Use of limiting devices</Addition><Addition ChangeId="d29p14344"> Prohibition of use of limiting devices.</Addition>63A1A water undertaker shall be guilty of an offence under this section if it uses a limiting device in relation to any premises specified in Schedule 4A to this Act, with the intention of enforcing payment of charges which are or may become due to the undertaker in respect of the supply of water to the premises.2For the purposes of this section “a limiting device”, in relation to any premises, means any device or apparatus which—ais fitted to any pipe by which water is supplied to the premises or a part of the premises, whether that pipe belongs to the undertaker or to any other person, andbis designed to restrict the use which may be made of water supplied to the premises by the undertaker.3An undertaker does not commit an offence under this section by disconnecting a service pipe to any premises or otherwise cutting off a supply of water to the premises.4An undertaker guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Means of supply Supply by means of separate service pipes.641Subject to the following provisions of this section, a water undertaker may require the provision of a separate service pipe to any premises . . . which—aconsist in a house or any other building or part of a building, being, in the case of a part of a building, a part which is separately occupied; andbare already supplied with water by the undertaker but do not have a separate service pipe.2Where the supply of water to two or more houses is provided wholly or partly by the same service pipe, the water undertaker shall not require the provision of separate service pipes to those houses until—athe service pipe, in so far as it belongs to a person other than the undertaker, becomes so defective as to require renewal or is no longer sufficient to meet the requirements of those houses;ba payment in respect of the supply of water to any of those houses remains unpaid after the end of the period for which it is due;cthe houses are, by structural alterations to one or more of them, converted into a larger number of houses;dthe owner or occupier of any of those houses has interfered with, or allowed another person to interfere with, the existing service pipe and thereby caused the supply of water to any house to be interfered with; orethe undertaker has reasonable grounds for believing that such interference as is mentioned in paragraph (d) above is likely to take place.2AAny dispute between a water undertaker and any other person as to whether any condition of a kind mentioned in subsection (2) above has been complied with may be referred to the Authority for determination under section 30A above by either party to the dispute.3If, in the case of any such premises as are described in subsection (1) above, the water undertaker which provides a supply of water to those premises serves notice on the consumer requiring the provision of a separate service pipe and setting out the power of the undertaker under subsection (4) below—athat consumer shall, within three months after the service of the notice, lay so much of the required pipe as the undertaker is not under a duty to lay by virtue of paragraph (b) below;bsections 45 to 51 above shall apply as if that consumer had by a connection notice required the undertaker to connect the separate service pipe to those premises with the undertaker’s water main;cthat consumer shall be presumed, without prejudice to his power to make further demands and requests—iin so far as those premises were provided before the service of the notice with a supply of water for domestic purposes, to have made a demand for the purposes of section 52 above that such a supply is provided by means of the separate service pipe; andiiin so far as those premises were provided before the service of the notice with a supply of water for other purposes, to have requested the undertaker to provide the same supply by means of that pipe as was provided before the service of the notice;anddon providing a supply of water to those premises by means of the separate service pipe, the undertaker may cut off any supply replaced by that supply and may make such disconnections of pipes by which the replaced supply was provided as it thinks fit.4If a person upon whom a notice has been served for the purposes of subsection (3) above fails to comply with the notice, the water undertaker may—aitself carry out the works which that person was required to carry out; andbrecover the expenses reasonably incurred by the undertaker in doing so from that person.5Without prejudice—ato the power of a water undertaker by virtue of paragraph (b) of subsection (3) above to impose conditions under section 47 above; orbto the power conferred by virtue of paragraph (d) of that subsection,any works carried out by a water undertaker by virtue of the provisions of the said paragraph (b) or of subsection (4) above shall be necessary works for the purposes of this Chapter. Duties of undertakers as respects constancy and pressure.651Subject to the following provisions of this section, it shall be the duty of a water undertaker to cause the water in such of its water mains and other pipes as—aare used for providing supplies of water for domestic purposes; orbhave fire-hydrants fixed on them,to be laid on constantly and at such a pressure as will cause the water to reach to the top of the top-most storey of every building within the undertaker’s area.2Nothing in subsection (1) above shall require a water undertaker to provide a supply of water at a height greater than that to which it will flow by gravitation through its water mains from the service reservoir or tank from which that supply is taken.3For the purposes of this section a water undertaker shall be entitled to choose the service reservoir or tank from which any supply is to be taken.4Nothing in subsection (1) above shall impose any duty on a water undertaker to maintain the constancy or pressure of any supply of water during any period during which it is reasonable for that supply to be cut off or reduced for the purposes of the carrying out of any necessary works.5The Secretary of State may by order modify the application of the preceding provisions of this section in relation to any water undertaker.6The Secretary of State shall not make an order under subsection (5) above except—ain accordance with Schedule 5 to this Act; andbon an application made in accordance with that Schedule by the Authority or by the water undertaker in relation to which the order is made.7Subject to subsection (6) above, the power of the Secretary of State to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament8An order under subsection (5) above may—arequire the payment of compensation by a water undertaker to persons affected by the order;bmake different provision for different cases, including different provision in relation to different persons, circumstances or localities; andccontain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.9The obligations of a water undertaker under this section shall be enforceable under section 18 above by the Authority.10In addition, where a water undertaker is in breach of a duty under this section, the undertaker shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.11In any proceedings against any water undertaker for an offence under subsection (10) above it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence. Requirements by undertaker for maintaining pressure.661A water undertaker may require that any premises consisting in—aany building or part of a building the supply of water to which need not, in accordance with provision contained in or made under this Act, be constantly laid on under pressure; orbany relevant house to which water is required to be delivered at a height greater than a point 10.5 metres below the draw-off level of the service reservoir or tank from which a supply of water is being provided by the undertaker to those premises,shall be provided with a cistern which has a float-operated valve and is fitted on the pipe by means of which water is supplied to those premises.2A water undertaker may, in the case of such a house as is mentioned in paragraph (b) of subsection (1) above, require that a cistern the provision of which is required under that subsection shall be capable of holding sufficient water to provide an adequate supply to the house for a period of twenty-four hours.3If, where a water undertaker provides a supply of water to any premises, the consumer, after having been required to do so by notice served on him by the undertaker, fails before the end of the period specified in the notice—ato provide a cistern in accordance with a requirement under this section; orbto put any such cistern and its float-operated valve into good repair,the water undertaker may itself provide a cistern, or carry out any repairs necessary to prevent waste of water.4The period specified for the purposes of subsection (3) above in a notice under this section shall be a period of not less than twenty-eight days beginning with the day after the service of the notice.5Where a water undertaker provides a cistern or carries out any repairs under subsection (3) above, it may recover the expenses reasonably incurred by it in doing so from the owner of the premises in question.6In this section—“pre-transfer supplier”, in relation to a house, means the person who was supplying water to that house immediately before 1st September 1989; and“relevant house” means any house other than a house in relation to which the following two conditions are satisfied, that is to say—the erection of the house was commenced before 1st September 1989; andno such requirement as is mentioned in subsection (1) or (2) above could have been imposed in relation to the house under any enactment having effect immediately before that date in relation to the pre-transfer supplier.CHAPTER 2A<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-85d13c0878349b979aef627000cd07cf-1620673440043" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">Supply duties </Substitution></Addition><Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-85d13c0878349b979aef627000cd07cf-1620673440043" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">etc</Substitution></Addition><Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-85d13c0878349b979aef627000cd07cf-1620673440043" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">: water supply licensees</Substitution></Addition><Emphasis><Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-85d13c0878349b979aef627000cd07cf-1620672919259" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">Duties of undertakers to supply water supply licensees </Substitution></Addition><Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-85d13c0878349b979aef627000cd07cf-1620672919259" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">etc</Substitution></Addition></Emphasis><Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-85d13c0878349b979aef627000cd07cf-1620672969625" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">Wholesale water supply by primary water undertaker</Substitution></Addition>66A1This 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—aL is to supply in accordance with L's retail authorisation, andbare in the area of the undertaker.2This 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—aR is to supply in accordance with R's restricted retail authorisation, andbare in the area of the undertaker.3Where this section applies, the undertaker must in accordance with a section 66D agreement take such steps—afor the purpose of connecting the premises in question with the undertaker's supply system, orbin 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.3AA water undertaker is not required by this section to take any steps to enable the use of its supply system at a time when it is required to take those steps by virtue of a notice under section 41 or a connection notice.4A 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.5The first ground is that—ain the case of a request under subsection (1), the water supply licensee has not secured by means of—ia request under section 66AA(1) made by the licensee,iia request under section 66B(1) or 66C(1), (2) or (3) made by the licensee or another water supply licensee, oriiia 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;bin the case of a request under subsection (2), the water supply licensee has not secured by means of—ia request under section 66AA(2), 66B(2) or (3) or 66C(4), oriia 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.6The second ground is that there is, in relation to the water fittings used or to be used in connection with—athe supply of water to the premises in question, orbthe 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.7Where—aa request has been made by a water supply licensee for the purposes of subsection (1) or (2), andbthe 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.8For the purposes of this section and sections 66AA to 66C—apremises 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, andbany 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).9In 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;ba reference to the supply system of a water undertaker is to be construed in accordance with section 17B;creferences to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-85d13c0878349b979aef627000cd07cf-1620673096170" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">Water supply from water undertaker</Addition></Addition>66AA1This 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—aL is to supply in accordance with L's retail authorisation, andbare in the area of the undertaker.2This 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—aR is to supply in accordance with R's restricted retail authorisation, andbare in the area of the undertaker.3Where this section applies, the undertaker must in accordance with a section 66D agreement—atake 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), andbhaving taken such steps, provide the requested supply of water.4A water undertaker is not required by this section to provide a supply of water if both of the first and second grounds apply.5The first ground is that—athe 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, orbthe supply to be made by L or, as the case may be, R to those premises is for purposes other than domestic purposes.6The second ground is that provision of a supply of water by the water undertaker would—arequire 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, orbotherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a).7Where—aa request has been made by a water supply licensee for the purposes of subsection (1) or (2), andbthe 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.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-85d13c0878349b979aef627000cd07cf-1620673096170" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">Introduction of water into water undertaker's supply system</Addition></Addition>66B1This section applies where—aa 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), andbthe premises in issue are in the area of the undertaker.2This section also applies where—aa 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, andbthe premises in issue are in the area of the undertaker.3This section also applies where—aa water undertaker agrees to permit a water supply licensee with a supplementary authorisation (“R2”) to introduce water into the undertaker's treatment works,bin 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, andcthe premises in issue are in the area of the undertaker.4Where this section applies, the undertaker must in accordance with a section 66D agreement—ain a case falling within subsection (1), take such steps—ifor the purpose of connecting L's source of water with the undertaker's supply system, oriiin 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;bin a case falling within subsection (2), take such steps—ifor the purpose of connecting R1's treatment works with the undertaker's supply system,iifor 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, oriiiin 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;cin 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;dhaving taken steps under paragraph (a), (b) or (c) (as the case may be), permit the requested introduction of water into that supply system.5A 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—arequire 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, orbotherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a).6Where—aa request has been made by a water supply licensee for the purposes of subsection (1), (2) or (3), andbthe 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.7In this section “treatment works” means—ain 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);bin 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.8A 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.9A 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.10In this section and section 66C—aa reference to a wholesale authorisation is to be construed in accordance with Schedule 2A;ba reference to a supplementary authorisation is to be construed in accordance with Schedule 2A.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-85d13c0878349b979aef627000cd07cf-1620673096170" CommentaryRef="key-85d13c0878349b979aef627000cd07cf">Introduction of water provided by secondary water undertaker</Addition></Addition>66C1This section applies where a water supply licensee with a wholesale authorisation (“L1”)—arequests 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), andbrequests 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.2This section also applies where a water supply licensee with a wholesale authorisation (“L2”)—arequests 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, andbrequests 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.3This section also applies where a water supply licensee with a wholesale authorisation (“L3”)—aagrees 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—iL3's retail authorisation except so far as that authorisation relates to L3's customers, oriia retail authorisation other than L3's, andbrequests 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.4This section also applies where a water supply licensee with a supplementary authorisation (“R”)—arequests 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, andbrequests 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.5Where this section applies by virtue of subsection (1), (2) or (4), the secondary water undertaker must in accordance with a section 66D agreement—atake 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, andbhaving taken such steps, provide that supply.6Where this section applies, the primary water undertaker must in accordance with a section 66D agreement—atake such steps—ifor the purpose of connecting the secondary water undertaker's supply system with the primary water undertaker's supply system, oriiin 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, andbhaving taken such steps, permit the requested introduction.7A 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—arequire 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, orbotherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a).8A 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—arequire 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, orbotherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a).9Where—aa request has been made by a water supply licensee to a water undertaker for the purposes of subsection (1), (2), (3) or (4), andbthe 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.10A 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.11For 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).<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-fe5e3319ba8a23ca748332acc417cf51-1620676589645" CommentaryRef="key-fe5e3319ba8a23ca748332acc417cf51">Determinations by Authority</Addition></Addition>66CA1The Authority may determine, in a case referred to it by a water supply licensee, whether any condition specified in the following provisions is satisfied—asection 66A(5) and (6);bsection 66AA(5) and (6);csection 66B(5);dsection 66C(7) and (8).2Before the Authority determines whether a condition specified in section 66B(5) is satisfied, it must consult the Secretary of State.3If 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.4Before 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.5If the case in which a determination as to a condition specified in section 66C(7) or (8) is made relates to—athe supply of water by a water undertaker whose area is wholly or mainly in Wales, andbthe 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.6If 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.7In 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—athe Environment Agency, in a case where the areas of both undertakers are wholly in England;bthe NRBW, in a case where the areas of both undertakers are wholly in Wales;cboth the Environment Agency and the NRBW, in any other case.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-7adbb573123b934102e20d23ffda404a-1620841223674" CommentaryRef="key-7adbb573123b934102e20d23ffda404a">Agreements as to duties under sections 66A to 66C</Substitution></Addition>66D1On the application of—aa water supply licensee that has made a request under sections 66A to 66C, orba 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.2The Authority may make an order under subsection (1) only if—ain 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, orbin 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.3An order under subsection (1) has effect as an agreement between—athe water supply licensee, andbthe water undertaker required to perform the duty in question.4On 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.5If an order under subsection (4) is made in relation to a section 66D agreement, the agreement—ahas effect subject to the provision made by the order, orbceases to have effect, as the case may be.6An order under subsection (4) may require one party to the agreement to pay compensation to the other.7Neither 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—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).8Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement for the performance of a duty under sections 66A to 66C by a water undertaker, andbin 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.9In this Chapter a reference to a section 66D agreement is a reference to—aan agreement for the performance of a duty under sections 66A to 66C by a water undertaker, orban order deemed to be such an agreement under subsection (3), orcan agreement varied by order under subsection (4).<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b6ec479860ebe5bbb100b04e555117e-1605561197394" CommentaryRef="key-2b6ec479860ebe5bbb100b04e555117e">Codes in respect of section 66D agreements</Addition></Addition>66DA1The Authority may issue one or more codes in respect of section 66D agreements.2A code may make provision about—aprocedures in connection with making a section 66D agreement;bprocedures in connection with varying or terminating a section 66D agreement;cthe terms and conditions of a section 66D agreement, including terms as to the duration of such an agreement;dprinciples for determining the terms and conditions that should or should not be incorporated into a section 66D agreement.3A 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.4If 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.5The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.6It 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 18.7A code may make—adifferent provision for different persons or descriptions of person;bdifferent provision for different duties under sections 66A to 66C.8The Authority may from time to time revise a code issued under this section and issue a revised code.9A revised code may include provision for applying any of its revisions to section 66D agreements made before the revised code comes into effect.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b6ec479860ebe5bbb100b04e555117e-1605561197394" CommentaryRef="key-2b6ec479860ebe5bbb100b04e555117e">Codes under section 66DA: procedure</Addition></Addition>66DB1Before issuing a code under section 66DA, the Authority must—aprepare a draft of the proposed code under section 66DA;bconsult persons in accordance with subsections (2) to (4).2If 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—athe Secretary of State;bthe Chief Inspector of Drinking Water;cthe appropriate agency;dthe Council;eany relevant undertakers likely to be affected by the proposed code;fany water supply licensees likely to be affected by the proposed code;gsuch other persons as the Authority thinks appropriate.3If 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—athe Welsh Ministers;bthe Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies;cthe appropriate agency;dthe Council;eany relevant undertakers likely to be affected by the proposed code;fany water supply licensees likely to be affected by the proposed code;gsuch other persons as the Authority thinks appropriate.4The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.5Before a code under section 66DA prepared by the Authority is issued, the Minister may direct the Authority—anot to issue the code, orbto issue the code with specified modifications.6Subsection (5) is subject to subsections (8) and (9).7In subsection (5) “the Minister” means—athe 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;bthe 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;cthe 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).8If 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.9If 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.10A 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.11In this section “the appropriate agency” means—athe Environment Agency, in relation to section 66D agreements made with water undertakers whose areas are wholly in England;bthe NRBW, in relation to section 66D agreements made with water undertakers whose areas are wholly in Wales;cboth 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.12This section is subject to section 66DC.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b6ec479860ebe5bbb100b04e555117e-1605561197394" CommentaryRef="key-2b6ec479860ebe5bbb100b04e555117e">Codes under section 66DA: minor or urgent revisions</Addition></Addition>66DC1This 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—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 66DB does not apply to the proposed revised code.3Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—athe issuing of the revised code, andbas regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.5Unless 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.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Substitution ChangeId="key-2b446b39c54d356b248f944fa3f85586-1605560049242" CommentaryRef="key-2b446b39c54d356b248f944fa3f85586">Rules about charges</Substitution></Addition>66E1The Authority must issue rules about charges that may be imposed by a water undertaker under a section 66D agreement.2The rules may in particular make provision about—athe types of charges that may be imposed;bthe amount or the maximum amount, or methods for determining the amount or maximum amount, of any type of charge;cprinciples for determining what types of charges may or may not be imposed;dprinciples for determining the amount of any charge that may be imposed;epublication of the charges that may be imposed.3The 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.4In subsection (3) “section 142(2)(b) agreement” means an agreement to which section 142(2)(b) applies.5If the Authority considers that a water undertaker is not acting as required by rules under this section, the Authority may—agive the undertaker a direction to do, or not to do, a thing specified in the direction, orbin 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.6It 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 18.7The rules may—amake different provision for different persons or descriptions of person;bmake different provision for different purposes;cmake provision subject to exceptions.8The Authority may from time to time revise rules issued under this section and issue revised rules.9The Authority must issue revised rules if—aguidance is issued under section 66ED, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.10Revised rules may include provision for applying any of their revisions to section 66D agreements made before the revised rules come into effect.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b446b39c54d356b248f944fa3f85586-1605560536916" CommentaryRef="key-2b446b39c54d356b248f944fa3f85586">Rules about charges: provision about the reduction of charges</Addition></Addition>66EA1Rules under section 66E may make provision about the reduction of charges payable under a section 66D agreement where—aa water supply licensee that has a retail authorisation or a restricted retail authorisation is party to the section 66D agreement, andbother conditions specified by the rules are satisfied.2Rules made by virtue of subsection (1) may in particular—aspecify conditions relating to any party to the section 66D agreement;bspecify conditions about persons taking steps for the purpose of reducing or managing water consumption;cspecify conditions about the premises by reference to which such steps are to be taken;dspecify conditions about reducing charges payable by a person who—iis not party to the section 66D agreement, andiitakes or proposes to take such steps as satisfy or would satisfy a condition specified under paragraph (b).3The 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.4Rules made by virtue of subsection (3) may—amake provision as to the content of the notice;bspecify the period within which an undertaker is to give notice to the Authority.5Provision under subsection (4)(a) may in particular require the notice to specify—athe amount of the charge, with and without the reduction;bthe period for which the reduction has effect.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b446b39c54d356b248f944fa3f85586-1605560536916" CommentaryRef="key-2b446b39c54d356b248f944fa3f85586">Rules under section 66E: procedure</Addition></Addition>66EB1Before issuing rules under section 66E, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.2The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;dany water undertakers likely to be affected by the rules;eany water supply licensees likely to be affected by the rules;fsuch other persons as the Authority thinks appropriate.3The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.4The Authority must have regard to guidance issued under section 66ED in preparing rules under section 66E.5Before rules under section 66E prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.6In subsection (5) “the Minister” means—athe 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;bthe 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;cthe 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).7A 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.8This section is subject to section 66EC.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b446b39c54d356b248f944fa3f85586-1605560536916" CommentaryRef="key-2b446b39c54d356b248f944fa3f85586">Rules under section 66E: minor or urgent revisions</Addition></Addition>66EC1This 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—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 66EB does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 66EB.<Addition ChangeId="d29p14789" CommentaryRef="c19901941"><Addition ChangeId="key-2b446b39c54d356b248f944fa3f85586-1605560536916" CommentaryRef="key-2b446b39c54d356b248f944fa3f85586">Rules under section 66E: guidance</Addition></Addition>66ED1The Minister may issue guidance as to the content of rules under section 66E.2Before issuing the guidance, the Minister must—aprepare a draft of any proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise guidance issued under this section and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe 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;bthe Welsh Ministers, in relation to section 66D agreements affecting only the supply systems of water undertakers whose areas are wholly or mainly in Wales;cthe Secretary of State and the Welsh Ministers acting jointly, in relation to section 66D agreements not falling within paragraph (a) or (b).<Addition ChangeId="d29p14789" CommentaryRef="c19901941">Section 66D: supplementary</Addition>66F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p14789" CommentaryRef="c19901941">Designation of strategic supply</Addition>66G1Subsection (2) below applies if at any time the Authority determines that an introduction of water which a water undertaker is required to permit under section 66B or 66C above in accordance with a section 66D agreement constitutes a strategic supply of water.2The Authority shall designate the introduction as a strategic supply.3Subsection (4) below applies if—aa water undertaker requests the Authority to make a determination that an introduction of water constitutes a strategic supply for the purposes of subsection (1) above, orbthe Authority otherwise proposes to make a determination that an introduction of water constitutes a strategic supply for the purposes of that subsection.4The Authority shall give notice of the request or proposed determination to—athe Secretary of State;bthe Assembly;cthe Environment Agency, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England;cathe NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;dthe other party or parties, or the parties, to the section 66D agreement; andesuch other persons (if any) as the Authority thinks it appropriate to notify.5Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.6The Authority shall consider any representations or objections which are duly made and not withdrawn.7If the Authority determines that an introduction designated under this section as a strategic supply no longer constitutes such a supply, it shall cancel its designation.8If the Authority proposes to make a determination under subsection (7) above that an introduction no longer constitutes a strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.9Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).10For the purposes of this section, an introduction of water is a strategic supply if, without that introduction being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customers, and supplies which it is obliged to make under section 66AA or 66C, as well as supplying relevant customers of a water supply licensee with water for domestic purposes.11A 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—aa retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), orba restricted retail authorisation of the licensee requesting the introduction of water.<Addition ChangeId="d29p14789" CommentaryRef="c19901941">Designation of collective strategic supply</Addition>66H1Subsection (2) below applies if at any time the Authority determines that two or more introductions of water—awhich are made by a licensed water supplier; andbwhich a water undertaker is required to permit under section 66B or 66C above in accordance with section 66D agreements,constitute a collective strategic supply of water.2The Authority shall designate the introductions as a collective strategic supply.3Subsection (4) below applies if—aa water undertaker requests the Authority to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of subsection (1) above, orbthe Authority otherwise proposes to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of that subsection.4The Authority shall give notice of the request or proposed determination to—athe Secretary of State;bthe Assembly;cthe Environment Agency, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England;cathe NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;dthe other party or parties, or the parties, to the section 66D agreements; andesuch other persons (if any) as the Authority thinks it appropriate to notify.5Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.6The Authority shall consider any representations or objections which are duly made and not withdrawn.7If the Authority determines that introductions designated under this section as a collective strategic supply no longer constitute such a supply, it shall cancel their designation.8If the Authority proposes to make a determination under subsection (7) above that introductions no longer constitute a collective strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.9Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).10For the purposes of this section, introductions of water are a collective strategic supply if, without those introductions being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customers, and supplies which it is obliged to make under section 66AA or 66C, as well as supplying the relevant customers of a water supply licensee with water for domestic purposes.11A 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—aa retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), orba restricted retail authorisation of the licensee requesting the introduction of water.<Emphasis><Addition ChangeId="d29p14789" CommentaryRef="c19901941">Offences</Addition></Emphasis><Addition ChangeId="d29p14789" CommentaryRef="c19901941">Prohibition on unauthorised use of supply system</Addition>66I1Subject to subsections (2) and (3) and section 66K below, no person shall use a water undertaker’s supply system for the purpose of supplying water to any premises of— aa customer,bthe person so using that system, orca person associated with that person.2Subsection (1) above shall not apply where the supply is made—aby the water undertaker, orbby a water supply licensee in pursuance of the licensee's licence.3The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.4A person who contravenes subsection (1) above shall be guilty of an offence.5Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.6A person guilty of an offence under this section shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum, andbon conviction on indictment, to a fine.7No proceedings for an offence under this section shall be instituted except by—athe Secretary of State, orbthe Authority.8The functions of—amaking regulations under subsection (3) above; andbinstituting proceedings under subsection (7)(a) above,are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.8AFor 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.9In this section and sections 66J and 66L below, references to the supply system of a water undertaker shall be construed in accordance with section 17B.<Addition ChangeId="d29p14789" CommentaryRef="c19901941">Prohibition on unauthorised introduction of water</Addition>66J1Subject to subsections (2) and (3) and section 66K below, no person shall introduce water into a water undertaker’s supply system (other than the undertaker itself).2Subsection (1) above shall not apply where the water is introduced—aby a water supply licensee in pursuance of its licence, orbby another water undertaker under an agreement for a supply of water in bulk.3The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.4A person who contravenes subsection (1) above shall be guilty of an offence.5Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.6A person guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.7For the purposes of section 210 below, the penalty on conviction on indictment of an offence under this section shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.8No proceedings for an offence under this section shall be instituted except by—athe Secretary of State; orbthe Authority.9The functions of—amaking regulations under subsection (3) above; andbinstituting proceedings under subsection (8)(a) above,are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.<Addition ChangeId="d29p14789" CommentaryRef="c19901941">Sections 66I and 66J: exemptions</Addition>66K1The Secretary of State may by order made by statutory instrument grant exemption from section 66I(1) or 66J(1) above to—aa person or persons of a class;bgenerally or to such extent as may be specified in the order; andcunconditionally or subject to such conditions as may be so specified.2Before making an order under subsection (1) above the Secretary of State shall give notice—astating that he proposes to make such an order and setting out the terms of the proposed order;bstating the reasons why he proposes to make the order in the terms proposed; andcspecifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposals may be made,and shall consider any representations or objections which are duly made and not withdrawn.3The notice required by subsection (2) above shall be given—aby serving a copy of it on the Authority; andbby 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.4Notice of an exemption granted to a person shall be given—aby serving a copy of the exemption on him; andbby 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.5Notice of an exemption granted to persons of a class shall be given by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of—apersons of that class; andbother persons who may be affected by it.6An exemption may be granted—aindefinitely; orbfor a period specified in, or determined by or under, the exemption.7Conditions included in an exemption by virtue of subsection (1)(c) above may, in particular, require any person carrying on any activity in pursuance of the exemption—ato 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;bexcept in so far as the Secretary of State or the Authority consents to his 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; andcto 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.<Addition ChangeId="d29p14789" CommentaryRef="c19901941">Section 66K: supplementary</Addition>66L1The Secretary of State may by order made by statutory instrument revoke an order by which an exemption was granted to a person under section 66K(1) above or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—aat the person’s request;bin accordance with any provision of the order by which the exemption was granted; orcif it appears to the Secretary of State inappropriate that the exemption should continue to have effect.2The Secretary of State may by order made by statutory instrument revoke an order by which an exemption was granted to persons of a class under section 66K(1) above or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—ain accordance with any provision of the order by which the exemption was granted; orbif it appears to the Secretary of State inappropriate that the exemption should continue to have effect.3The Secretary of State may by direction withdraw an exemption granted to persons of a class under section 66K(1) above from any person of that class—aat the person’s request;bin accordance with any provision of the order by which the exemption was granted; orcif it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.4Before making an order under subsection (1)(b) or (c) or (2) above or giving a direction under subsection (3)(b) or (c) above, the Secretary of State shall—aconsult the Authority; andbgive notice—istating that he proposes to make such an order or give such a direction;iistating the reasons why he proposes to make such an order or give such a direction; andiiispecifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposals may be made,and shall consider any representations or objections which are duly made and not withdrawn.5The notice under subsection (4) above shall be given—awhere the Secretary of State is proposing to make an order under subsection (1)(b) or (c) above, by serving a copy of it on the person to whom the exemption was granted;bwhere he is proposing to make an order under subsection (2) above, 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; andcwhere he is proposing to give a direction under subsection (3)(b) or (c) above, by serving a copy of it on the person from whom he proposes to withdraw the exemption.6A statutory instrument containing an order under subsection (1) or (2) above or subsection (1) of section 66K above shall be subject to annulment in pursuance of a resolution of either House of Parliament.7The power to—amake an order under subsection (1) or (2) above or subsection (1) of section 66K above; orbgive a direction under subsection (3) above,is exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.8Accordingly, subsections (1) to (5) above and section 66K above apply in relation to an order made or a direction given by the Assembly by virtue of subsection (7) above as they apply in relation to an order made or direction given by the Secretary of State. chapter III Quality and Sufficiency of Supplies Standards of wholesomeness Standards of wholesomeness.671The Secretary of State may by regulations make provision that water that is supplied to any premises is or is not to be regarded as wholesome for the purposes of this Chapter if it satisfies or, as the case may be, fails to satisfy such requirements as may be prescribed.2Without prejudice to the generality of subsection (1) above, regulations under this section may, for the purpose of determining the wholesomeness of any water—aprescribe general requirements as to the purposes for which the water is to be suitable;bprescribe specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;cprescribe specific requirements as to other characteristics of the water;dprovide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed;eenable the Secretary of State to authorise such relaxations of and departures from the prescribed requirements (or from any of them) as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition; andfenable the Secretary of State to authorise a local authority (either instead of the Secretary of State or concurrently with him) to exercise in relation to a private supply any power conferred on the Secretary of State by regulations made by virtue of paragraph (e) above. General obligations of undertakers <Addition ChangeId="d29p16598" CommentaryRef="c19800711">and </Addition><Addition ChangeId="d29p16598" CommentaryRef="c19800711"><Substitution ChangeId="key-b02772c18f740463fb91db05ed679cf3-1613506569384" CommentaryRef="key-b02772c18f740463fb91db05ed679cf3">water supply licensees</Substitution></Addition> Duties of water undertakers <Addition ChangeId="d29p16605" CommentaryRef="c19800681">and </Addition><Addition ChangeId="d29p16605" CommentaryRef="c19800681"><Substitution ChangeId="key-ba8aaa1313d7d6f8ed0beb893b814e09-1613506821782" CommentaryRef="key-ba8aaa1313d7d6f8ed0beb893b814e09">water supply licensees</Substitution></Addition> with respect to water quality.681It shall be the duty of a water undertaker where its supply system is used for the purpose of supplying water to any premises for domestic or food production purposes—ato ensure that any water so supplied is wholesome at the time of supply; andbso far as reasonably practicable, to ensure, in relation to each source or combination of sources from which water is so supplied, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.and this section and section 69 below apply, in relation to the duty of an undertaker, whether or not the water supplied using the undertaker’s supply system is supplied by the undertaker.1AIt shall be the duty of a water supply licensee—awhen supplying water to any premises for domestic or food production purposes, in accordance with the licensee's retail authorisation or restricted retail authorisation, to ensure that the water is wholesome at the time of supply; andbso far as reasonably practicable, to ensure, in relation to each source or combination of sources from which that licensee supplies water to premises for domestic or food production purposes, in accordance with the licensee's retail authorisation or restricted retail authorisation, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources,...2For the purposes of this section and section 69 below and subject to subsection (3) below, where a water undertaker’s supply system is used for the purpose of supplying water to any premises, any water so supplied to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving the undertaker’s pipes.3For the purposes of subsection (1) above where a water undertaker’s supply system is used for the purpose of supplying water to any premises, and the water so supplied would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—ait has ceased to be wholesome after leaving the undertaker’s pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; andbit has so ceased in consequence of the failure of the undertaker, before the water is supplied, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the undertaker’s pipes.3AFor the purposes of subsection (1A) above where water supplied by a water supply licensee to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—ait has ceased to be wholesome after leaving the relevant pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; andbit has so ceased in consequence of the failure of the licensee, before supplying the water, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the relevant pipes.3BIn subsection (3A) above “relevant pipes” means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the water supply licensee.4The provisions of this section shall apply in relation to water which is supplied by a water undertaker whether or not the water is water which the undertaker is required to supply by virtue of any provision of this Act.5The duties of a water undertaker and water supply licensee under this section shall be enforceable under section 18 above by the Secretary of State.6References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.7In this section “prescribed” means—ain relation to a water undertaker whose area is wholly or mainly in Wales, andbin 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. Regulations for preserving water quality.691The Secretary of State may by regulations require a water undertaker or a water supply licensee to ensure that such steps are taken as may be prescribed for the purpose of securing compliance with section 68 above.2Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may impose an obligation on a water undertaker or water supply licensee—ato ensure that all such steps are taken as may be prescribed for monitoring and recording whether the water used for relevant supplies to premises for domestic or food production purposes is wholesome at the time of supply;bto ensure that all such steps are taken as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which is used or is proposed to be used for making relevant supplies to any premises for domestic or food production purposes;cto ensure that a source which is used or proposed to be used for making relevant supplies for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;dto ensure that records are kept of the localities within which all the premises receiving relevant supplies for domestic or food production purposes . . . are normally supplied from the same source or combination of sources;eto ensure that prescribed requirements are complied with with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.3Without prejudice to subsections (1) and (2) above, the Secretary of State may by regulations make provision imposing obligations on water undertakers or water supply licensees with respect to the use for the purposes of or in connection with making relevant supplies—aof such processes and substances; andbof products that contain or are made with such substances or materials,as he considers might affect the quality of any water.4Without prejudice to the generality of the power conferrred by subsection (3) above, regulations under that subsection may—arequire water undertakers or water supply licensees to ensure that processes, substances and products which have not been approved under the regulations or which contravene the regulations are not used for the purposes of or in connection with relevant supplies;bfor the purposes of provision made by virtue of paragraph (a) above, require water undertakers and water supply licensees to ensure that processes, substances and products used for the purposes of or in connection with relevant supplies conform to such standards as may be prescribed by or approved under the regulations;cimpose such other requirements as may be prescribed with respect to the use for the purposes of or in connection with relevant supplies of prescribed processes, substances and products;dprovide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;eimpose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;fprovide for a contravention of the regulations to constitute—ia summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; oriian offence triable either way and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine;andgrequire prescribed charges to be paid to persons carrying out functions under the regulations.5The Secretary of State may by regulations . . . —arequire a water undertakerto publish information about the quality of water supplied for domestic or food production purposes to any premises using that undertaker’s supply system; . . . aarequire a water supply licensee to publish information about the quality of water supplied for domestic or food production purposes to any premises by that licensee. brequire any such undertaker or licensee to provide information to prescribed persons about the quality of water supplied as referred to in paragraph (a) or (aa) above (as the case may be).6Regulations under subsection (5) above—ashall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;bmay require the provision of information by a water undertaker or water supply licensee to any person to be free of charge or may authorise it to be subject to the payment by that person to the undertaker or licensee of a prescribed charge; andcmay impose such other conditions on the provision of information by a water undertaker or water supply licensee to any person as may be prescribed.7In this section, “relevant supplies” means—ain the case of an obligation imposed on a water undertaker, supplies of water—imade by the undertaker in carrying out its functions; oriimade by a water supply licensee using the undertaker’s supply system; andbin the case of an obligation imposed on a water supply licensee, supplies of water made by that supplier using a water undertaker’s supply system. Offence of supplying water unfit for human consumption.701Subject to subsection (3) below, where a water undertaker’s supply system is used for the purposes of supplying water to any premises and that water is unfit for human consumption, the relevant persons shall be guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.1AFor the purposes of subsection (1) above, the relevant persons are—athe water undertaker whose supply system is used for the purposes of supplying the water (in this section referred to as the “primary water undertaker”); andbany employer of persons, or any self-employed person, who is concerned in the supply of the water.2For the purposes of section 210 below and any other enactment under which an individual is guilty of an offence by virtue of subsection (1) above the penalty on conviction on indictment of an offence under this section shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.3In any proceedings against any relevant person for an offence under this section it shall be a defence for that person to show that it—ahad no reasonable grounds for suspecting that the water would be used for human consumption; orbtook all reasonable steps and exercised all due diligence for securing that the water was fit for human consumption on leaving the primary water undertaker's pipes or was not used for human consumption.3AFor the purposes of paragraph (b) of subsection (3) above—ain the case of proceedings against a primary water undertaker, showing that the undertaker took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that the relevant arrangements were reasonable in all the circumstances; andbin the case of proceedings against any other relevant person, showing that the person took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that it took all reasonable steps and exercised all due diligence for securing that all aspects of the relevant arrangements for which it was responsible were properly carried out.3BIn subsection (3A) above, “relevant arrangements” means arrangements made by the primary water undertaker to ensure that all other relevant persons were required to take all reasonable steps and exercise all due diligence for securing that the water was fit for human consumption on leaving the undertaker’s pipes or was not used for human consumption.4Proceedings for an offence under this section shall not be instituted except by the Secretary of State or the Director of Public Prosecutions. Waste, contamination, misuse etc. Waste from water sources.711Subject to subsections (2) and (3) below, a person shall be guilty of an offence under this section if—ahe causes or allows any underground water to run to waste from any well, borehole or other work; orbhe abstracts from any well, borehole or other work water in excess of his reasonable requirements.2A person shall not be guilty of an offence by virtue of subsection (1)(a) above in respect of anything done for the purpose—aof testing the extent or quality of the supply; orbof cleaning, sterilising, examining or repairing the well, borehole or other work in question.3Where underground water interferes or threatens to interfere with the carrying out or operation of any underground works (whether waterworks or not), it shall not be an offence under this section, if no other method of disposing of the water is reasonably practicable, to cause or allow the water to run to waste so far as may be necessary for enabling the works to be carried out or operated.4A person who is guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.5On the conviction of a person under this section, the court may—aorder that the well, borehole or other work to which the offence relates shall be effectively sealed; orbmake such other order as appears to the court to be necessary to prevent waste of water.6If any person fails to comply with an order under subsection (5) above, then, without prejudice to any penalty for contempt of court, the court may, on the application of the appropriate agency, authorise the appropriate agency to take such steps as may be necessary to execute the order; and any expenses incurred in taking any such steps shall be recoverable summarily as a civil debt from the person convicted.7Any person designated for the purpose by the appropriate agency shall, on producing some duly authenticated document showing his authority, have a right at all reasonable times—ato enter any premises for the purpose of ascertaining whether there is, or has been, any contravention of the provisions of this section on or in connection with the premises;bto enter any premises for the purpose of executing any order of the court under this section which the appropriate agency has been authorised to execute in those premises.8Part I of Schedule 6 to this Act shall apply to the rights of entry conferred by subsection (7) above.9In this section “the appropriate agency” means—athe Environment Agency, in relation to a well, borehole or other work in England;bthe NRBW, in relation to a well, borehole or other work in Wales. Contamination of water sources.721Subject to subsections (2) and (3) below, a person is guilty of an offence under this section if he is guilty of any act or neglect whereby the water in any waterworks which is used or likely to be used—afor human consumption or domestic purposes; orbfor manufacturing food or drink for human consumption,is polluted or likely to be polluted.2Nothing in this section shall be construed as restricting or prohibiting any method of cultivation of land which is in accordance with the principles of good husbandry.3Nothing in this section shall be construed as restricting or prohibiting the reasonable use of oil or tar on any highway maintainable at public expense so long as the highway authority take all reasonable steps for preventing—athe oil or tar; andbany liquid or matter resulting from the use of the oil or tar,from polluting the water in any waterworks.4A person who is guilty of an offence under this section shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.5In this section “waterworks” includes—aany spring, well, adit, borehole, service reservoir or tank; andbany main or other pipe or conduit of a water undertaker; andcany pipe or conduit of a water supply licensee. Offences of contaminating, wasting and misusing water etc.731If any person who is the owner or occupier of any premises to which a supply of water is provided by a water undertaker or water supply licensee intentionally or negligently causes or suffers any water fitting for which he is responsible to be or remain so out of order, so in need of repair or so constructed or adapted, or to be so used—athat water in a water main or other pipe of a water undertaker, or in a pipe connected with such a water main or pipe, is or is likely to be contaminated by the return of any substance from those premises to that main or pipe;bthat water that has been supplied by the undertaker or licensee to those premises is or is likely to be contaminated before it is used; orcthat water so supplied is or is likely to be wasted or, having regard to the purposes for which it is supplied, misused or unduly consumed,that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.1AIn any proceedings under subsection (1) above it shall be a defence to prove–athat the contamination or likely contamination, or the wastage, misuse or undue consumption, was caused (wholly or mainly) by the installation, alteration, repair or connection of the water fitting on or after 1st July 1999;bthat the works were carried out by or under the direction of an approved contractor within the meaning of the Water Supply (Water Fittings) Regulations 1999; andcthat the contractor certified to the person who commissioned those works that the water fitting complied with the requirements of those regulations.2Any person who uses any water supplied to any premises by a water undertaker for a purpose other than one for which it is supplied to those premises shall, unless the other purpose is the extinguishment of a fire, be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.3Where a person has committed an offence under subsection (2) above, the water undertaker in question shall be entitled to recover from that person such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.4For the purposes of this section the owner or occupier of any premises shall be regarded as responsible for every water fitting on the premises which is not a water fitting which a person other than the owner or, as the case may be, occupier is liable to maintain. Regulations for preventing contamination, waste etc. and with respect to water fittings.741The Secretary of State may by regulations make such provision as he considers appropriate for any of the following purposes, that is to say—afor securing—ithat water in a water main or other pipe of a water undertaker is not contaminated; andiithat its quality and suitability for particular purposes is not prejudiced,by the return of any substance from any premises to that main or pipe;bfor securing that water which is in any pipe connected with any such main or other pipe or which has been supplied to any premises by a water undertaker or water supply licensee is not contaminated, and that its quality and suitability for particular purposes is not prejudiced, before it is used;cfor preventing the waste, undue consumption and misuse of any water at any time after it has left the pipes of a water undertaker for the purpose of being supplied by that undertaker or that or another water supply licensee to any premises; anddfor securing that water fittings installed and used by persons to whom water is or is to be supplied by a water undertaker or water supply licensee are safe and do not cause or contribute to the erroneous measurement of any water or the reverberation of any pipes.2Without prejudice to the generality of subsection (1) above, regulations under this section may, for any of the purposes specified in that subsection, make provision in relation to such water fittings as may be prescribed—afor forbidding the installation, connection or use of the fittings if they have not been approved under the regulations or if they contravene the regulations;bfor requiring the fittings, for the purposes of provision made by virtue of paragraph (a) above, to be of such a size, nature, strength or workmanship, to be made of such materials or in such a manner or to conform to such standards as may be prescribed by or approved under the regulations;cfor imposing such other requirements as may be prescribed with respect to the installation, arrangement, connection, testing, disconnection, alteration and repair of the fittings and with respect to the materials used in their manufacture;dfor the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations; andefor such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition.3Without prejudice as aforesaid, regulations under this section may—aimpose separate or concurrent duties with respect to the enforcement of the regulations on water undertakers, local authorities and such other persons as may be prescribed;bconfer powers on a water undertaker or local authority to carry out works and take other steps, in prescribed circumstances, for remedying any contravention of the regulations;cprovide for the recovery by a water undertaker or local authority of expenses reasonably incurred by the undertaker or authority in the exercise of any power conferred by virtue of paragraph (b) above;drepeal or modify the provisions of section 73 above or section 75 below;eprovide for a contravention of the regulations to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed;frequire prescribed charges to be paid to persons carrying out functions under the regulations;genable the Secretary of State to authorise such relaxations of and departures from such of the requirements of the regulations as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition;henable the Secretary of State to authorise a water undertaker or local authority (either instead of the Secretary of State or concurrently with him) to exercise any power conferred on the Secretary of State by regulations made by virtue of paragraph (g) above; andirequire disputes arising under the regulations to be referred to arbitration and for determinations under the regulations to be subject to such rights of appeal as may be prescribed.4Without prejudice to sections 84 and 170 below, any person designated in writing for the purposes of this subsection in such manner as may be prescribed may—aenter any premises for the purpose of—iascertaining whether any provision contained in or made or having effect under this Act with respect to any water fittings or with respect to the waste or misuse of water is being or has been contravened;iidetermining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under this section should be exercised or performed; oriiiexercising any such power or performing any such duty;orbcarry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under this section.5Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsection (4) above.6The power of the Secretary of State under this section to make regulations with respect to the matters specified in the preceding provisions of this section shall include power, by regulations under this section—ato modify the operation of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 in relation to any byelaws made under section 17 of the Water Act 1945 which have effect by virtue of paragraph 19 of Schedule 26 to the Water Act 1989 and that Schedule 2; andbto revoke or amend any such byelaws;but, so long as any such byelaws so have effect, the references in sections 47(2)(g), 53(2)(c) and 55(4) above to such regulations under this section as are prescribed shall have effect as including references to those byelaws.7Any sums received by the Secretary of State in consequence of the provisions of any regulations under this section shall be paid into the Consolidated Fund.8In this section “safe” has the same meaning as in Part II of the Consumer Protection Act 1987. Power to prevent damage and to take steps to prevent contamination, waste etc.751Without prejudice to any power conferred on water undertakers by regulations under section 74 above, where a water undertaker which provides a supply of water to any premises has reason for believing—athat damage to persons or property is being or is likely to be caused by any damage to, or defect in, any water fitting used in connection with the supply of water to those premises which is not a service pipe belonging to the undertaker;bthat water in a water main or other pipe of the undertaker is being or is likely to be contaminated by the return of any substance from those premises to that main or pipe;cthat water which is in any pipe connected with any such main or other pipe or which has been supplied by the undertaker to those premises is being or is likely to be contaminated before it is used; ordthat water which has been or is to be so supplied is being or is likely to be wasted or, having regard to the purposes for which it is supplied, misused or unduly consumed,the undertaker may exercise the power conferred by subsection (2) below in relation to those premises.1AWithout prejudice to any power conferred on water undertakers by regulations under section 74 above, where a water undertaker whose supply system is used for the purpose of a water supply licensee making a supply of water to any premises has reason for believing—athat damage to persons or property is being or is likely to be caused by any damage to, or defect in, any water fitting used in connection with the supply of water to those premises which is not a service pipe belonging to the water undertaker;bthat water in a water main or other pipe of the undertaker is being or is likely to be contaminated by the return of any substance from those premises to that pipe or main;cthat water which is in any pipe connected with any such main or other pipe or which has been supplied by the supplier to those premises is being or is likely to be contaminated before it is used; ordthat water which has been or is to be so supplied is being or is likely to be wasted or, having regard to the purposes for which it is supplied, misused or unduly consumed,the undertaker may exercise the power conferred by subsection (2) below in relation to those premises.2The power conferred by this subsection in relation to any premises is—awhere the case constitutes an emergency, power to disconnect the service pipe or otherwise to cut off the supply of water to those premises; andbin any other case, power to serve notice on the consumer requiring him to take such steps as may be specified in the notice as necessary to secure that the damage, contamination, waste, misuse or undue consumption ceases or, as the case may be, does not occur.3Where a water undertaker, in exercise of the power conferred by virtue of subsection (2)(a) above, disconnects a service pipe to any premises or otherwise cuts off any supply of water to any premises, the undertaker shall, as soon as reasonably practicable after the supply is disconnected or cut off, serve a notice on the consumer specifying the steps which that person is required to take before the undertaker will restore the supply.4The steps specified in a notice under subsection (3) above shall be the steps necessary to secure that, as the case may be—athe damage, contamination, waste, misuse or undue consumption; orbthe likelihood of damage, contamination, waste, misuse or undue consumption,would not recur if the supply were restored.5A water undertaker which fails, without reasonable excuse, to serve a notice in accordance with subsection (3) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.6A notice served for the purposes of subsection (2)(b) above shall—aspecify the period, not being less than the period of seven days beginning with the day after the service of the notice, within which the steps specified in the notice are to be taken; andbset out the powers of the undertaker under subsections (7) to (9) below.7Where a water undertaker has served a notice for the purposes of subsection (2)(b) above in relation to any premises and—athe case becomes an emergency; orbthe premises appear to be unoccupied and the steps specified in the notice are not taken before the end of the period so specified,the undertaker may disconnect the service pipe to those premises or otherwise cut off the supply of water to those premises.8Subsections (3) to (5) above shall apply where a water undertaker exercises its power under subsection (7) above as they apply where such an undertaker exercises its power by virtue of subsection (2)(a) above.9Where, in a case not falling within subsection (7)(a) or (b) above, any steps specified in a notice served by a water undertaker for the purposes of subsection (2)(b) above have not been taken by the end of the period so specified, the water undertaker shall have power—ato take those steps itself; andbsubject to subsection (10) below, to recover any expenses reasonably incurred by the undertaker in taking those steps from the person on whom the notice was served;and any steps taken by a water undertaker by virtue of paragraph (a) above shall be necessary works for the purposes of Chapter II of this Part.10Where any steps are taken by virtue of this section and it is shown that, in the circumstances of the case, those steps were not necessary as mentioned in subsection (2) or, as the case may be, (4) above, the water undertaker in question-ashall not be entitled to recover any expenses incurred by it in taking those steps; andbshall be liable to pay to any other person who took any of those steps an amount equal to any expenses reasonably incurred by that person in taking any of those steps.11Where the power conferred by subsection (2) above on a water undertaker is exercisable by virtue of subsection (1A) above—athe references to the consumer in subsections (2) and (3), in relation to a supply of water to any premises, shall be taken to be references to the person in respect of whom the supply is made; andbthe undertaker shall serve on the water supply licensee providing the supply a copy of any notice under this section which is served on the person mentioned in paragraph (a) above.12In subsection (1A) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B above. <Addition ChangeId="key-5e9e0f3aa74e8cc34bf64fe94793df76-1538662252763" CommentaryRef="key-5e9e0f3aa74e8cc34bf64fe94793df76">Temporary bans on use</Addition>761A water undertaker may prohibit one or more specified uses of water supplied by means of its supply system if it thinks that it is experiencing, or may experience, a serious shortage of water for distribution.2Only the following uses of water may be prohibited—awatering a garden using a hosepipe;bcleaning a private motor-vehicle using a hosepipe;cwatering plants on domestic or other non-commercial premises using a hosepipe;dcleaning a private leisure boat using a hosepipe;efilling or maintaining a domestic swimming or paddling pool;fdrawing water, using a hosepipe, for domestic recreational use;gfilling or maintaining a domestic pond using a hosepipe;hfilling or maintaining an ornamental fountain;icleaning walls, or windows, of domestic premises using a hosepipe;jcleaning paths or patios using a hosepipe;kcleaning other artificial outdoor surfaces using a hosepipe.3The Minister may by order—aadd a non-domestic purpose to the list in subsection (2);bremove a purpose from the list in subsection (2).4A prohibition must specify—athe date from which it applies, andbthe area to which it applies (which may be all or part of the undertaker's area).5A person who contravenes a prohibition—ais guilty of an offence, andbis liable on summary conviction to a fine not exceeding level 3 on the standard scale.6A water undertaker which issues a prohibition must make arrangements for a reasonable reduction of charges which are made in respect of prohibited uses (including arrangements for repayment or credit where charges are paid in advance).7A water undertaker may vary or revoke a prohibition.8The reference in subsection (1) to the supply system of a water undertaker is to be construed in accordance with section 17B.<Addition ChangeId="key-5e9e0f3aa74e8cc34bf64fe94793df76-1538661044747" CommentaryRef="key-5e9e0f3aa74e8cc34bf64fe94793df76">Temporary bans: supplemental</Addition>76A1A prohibition may—aapply to one or more specified uses of water generally or only in specified cases or circumstances (which may be specified by reference to classes of user, timing or in any other way);bbe subject to exceptions (which may be absolute or conditional, and may be specified by reference to classes of user, timing or in any other way).2The Minister may by order—aprovide for exceptions to a category of use in section 76(2) (whether or not added under section 76(3));bprovide that a specified activity, or an activity undertaken in specified circumstances, is to be or not to be treated as falling within a category of use in section 76(2) (whether or not added under section 76(3));cdefine a word or phrase used in section 76(2) (whether or not added under section 76(3)).3In particular, an order may—arestrict a category of use by reference to how water is drawn;bframe an exception by reference to ownership of land by a specified person or class of person;cprovide for a process that involves the use of a hosepipe at any point to be included in the meaning of “using a hosepipe”;dprovide for a reference to a thing to include a reference to something that is or may be used in connection with it (such as, for example, for a reference to a vehicle to include a reference to a trailer).4In this section and section 76 “the Minister” means—athe Secretary of State in relation to prohibitions which may be issued by water undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers in relation to prohibitions which may be issued by water undertakers whose areas are wholly or mainly in Wales.5Subject to provision under subsection (2), a reference to a hosepipe in section 76 includes a reference to anything designed, adapted or used to serve the same purpose as a hosepipe.<Addition ChangeId="key-5e9e0f3aa74e8cc34bf64fe94793df76-1538661083237" CommentaryRef="key-5e9e0f3aa74e8cc34bf64fe94793df76">Temporary bans: procedure</Addition>76B1A prohibition takes effect only if this section is complied with.2Before the period for which a prohibition is to apply the water undertaker must give notice of the prohibition and its terms—ain at least two newspapers circulating in the area to which it is to apply, andbon the water undertaker's internet website.3The notice must give details of how to make representations about the proposed prohibition.4The variation of a prohibition is to be treated as a prohibition for the purposes of this section.5A water undertaker must give notice of a revocation of a prohibition—ain at least two newspapers circulating in the area to which it is to apply, andbon the water undertaker's internet website.6The revocation may not take effect until at least one notice under subsection (5) has been given.<Addition ChangeId="key-5e9e0f3aa74e8cc34bf64fe94793df76-1538661119179" CommentaryRef="key-5e9e0f3aa74e8cc34bf64fe94793df76">Orders under sections 76 and 76A</Addition>76C1Section 213 applies to orders under section 76(3) or 76A(2) as it applies to regulations.2But—aan order made by the Secretary of State under section 76(3) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament,ban order made by the Welsh Ministers under section 76(3) may not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales, andcan order made by the Welsh Ministers under section 76A(2) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. Local authority functions General functions of local authorities in relation to water quality.771It shall be the duty of every local authority to take all such steps as they consider appropriate for keeping themselves informed about the wholesomeness and sufficiency of water supplies provided to premises in their area, including every private supply to any such premises.2It shall be the duty of a local authority to comply with any direction given by the Secretary of State to that authority, to authorities of a description applicable to that authority or to local authorities generally as to—athe cases and circumstances in which they are or are not to exercise any of the powers conferred on them by this Chapter in relation to private supplies; andbthe manner in which those powers are to be exercised.3The Secretary of State may by regulations make such provision, supplementing the provisions of this section and of sections 78 and 79(2) below, as he considers appropriate for—aimposing duties and conferring powers on local authorities with respect to the acquisition of information about the quality and sufficiency of water supplies provided to premises in their areas; andbregulating the performance of any duty imposed by or under any of those provisions.4Without prejudice to the generality of subsection (3) above, regulations under that subsection may—aprescribe the matters to be taken into account by a local authority in determining, for the purposes of subsection (1) above, what is appropriate;bprovide, for the purposes of the exercise or performance of any power or duty conferred or imposed on a local authority by or under any of the provisions mentioned in subsection (3) above, for such samples of water to be taken and analysed at such times and in such manner as may be prescribed;cauthorise local authorities to exercise or perform any such power or duty through prescribed persons;dprovide for the recovery by a local authority from prescribed persons of such amounts as may be prescribed in respect of expenses reasonably incurred by the authority in the exercise of any such power or the performance of any such duty. Local authority functions in relation to undertakers’ supplies.781It shall be the duty of a local authority to notify any water undertaker of anything appearing to the authority to suggest—athat any supply by that undertaker , or by a water supply licensee using that undertaker’s supply system, of water for domestic or food production purposes to any premises in the area of that authority is, has been or is likely to become unwholesome or (so far as any such premises are concerned) insufficient for domestic purposes;bthat the unwholesomeness or insufficiency of any such supply is, was or is likely to be such as to cause a danger to life or health; orcthat the duty imposed on that undertaker by virtue of section 68(1)(b) above is being, has been or is likely to be so contravened as to affect any supply of water to premises in that area.2Where a local authority have notified a water undertaker of any such matter as is mentioned in subsection (1) above, it shall be the duty of that authority, if they are not satisfied that all such remedial action as is appropriate will be taken by the undertaker, to inform the Secretary of State about the contents of the notification.3In subsection (1)(a) above, the reference to the water undertaker’s supply system shall be construed in accordance with section 17B above. Local authority functions where piped supplies insufficient or unwholesome.791This section applies to a case in which it is not practicable at reasonable cost for a water undertaker, by supplying water in pipes, to provide or maintain such a supply of wholesome water to any particular premises in its area as (so far as those premises are concerned) is sufficient for domestic purposes.2In any case to which this section applies, it shall be the duty of the local authority in whose area the premises in question are situated, if they are satisfied—athat the insufficiency or unwholesomeness of the supply of water for domestic purposes to those premises is such as to cause a danger to life or health; andbthat it is practicable at reasonable cost for the water undertaker, by providing it otherwise than in pipes, to provide to those premises such a supply of wholesome water as is sufficient for those purposes,to require the undertaker, under subsection (3) below, to provide a supply of water to those premises otherwise than in pipes.3Where, in a case to which this section applies—athe insufficiency or unwholesomeness of the supply of water for domestic purposes to the premises in question is such as to cause a danger to life or health;bit is practicable at reasonable cost for the water undertaker, by providing it otherwise than in pipes, to provide to those premises such a supply of wholesome water as (so far as those premises are concerned) is sufficient for domestic purposes; andcthe local authority in whose area those premises are situated notify the undertaker of the danger to life or health and require the undertaker to provide a supply otherwise than in pipes,it shall be the duty of the undertaker, for such period as may be required by that local authority, to provide any supply to those premises which it is practicable at reasonable cost to provide otherwise than in pipes and which it is required to provide by that authority.4Where under this section a local authority require the provision by a water undertaker of a supply of water to any premises, that authority—ashall be liable to the undertaker for any charges payable by virtue of Chapter I of Part V of this Act in respect of the provision of that supply; butbshall have power to recover the whole or any part of any charges paid by virtue of this subsection from the owner or occupier of the premises to which the supply is provided.5In this section references to the provision of a supply of water to any premises otherwise than in pipes shall have effect, in a case in which it is practicable at reasonable cost to provide a supply (whether or not in pipes) to a place within a reasonable distance of those premises, as including references to the provision of a supply to that place.6The duty of a water undertaker under subsection (3) above shall be enforceable under section 18 above by the Authority. Remedial powers of local authorities in relation to private supplies.801Subject to the following provisions of this section, where a local authority are satisfied in relation to any premises in their area which are supplied with water for domestic or food production purposes by means of a private supply—athat any water which is being, has been or is likely to be supplied for those purposes to those premises by means of that private supply is not, was not or, as the case may be, is likely not to be wholesome; orbthat that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic purposes,the authority may serve a notice in relation to that private supply on one or more of the relevant persons.2A notice under this section in relation to a private supply of water to any premises shall-agive particulars of the matters mentioned in subsection (1) above in respect of which the notice is served;bspecify the steps which, in the opinion of the authority serving the notice, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;cspecify a period, ending not less than twenty-eight days after the day on which the notice is served, within which any representations or objections with respect to the notice must be received by that authority; anddstate the effect in relation to that notice of section 81(2) and (3) below.3Subject to sections 81 and 82 below, where a local authority serve a notice under this section on any relevant person they may do one or more of the following, that is to say—aby that notice designate as steps to be taken by the authority themselves such of the steps specified in the notice as they consider it appropriate so to designate;bby that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;cby that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to that authority such payments as may be so determined in respect of expenses reasonably incurred by that other person or that authority in taking any step specified in the notice;dby that notice undertake from time to time to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.4The power of a local authority to serve a notice under this section specifying the steps which are required to be taken in relation to any source from which a private supply is provided both to premises in the area of that authority and to premises in the area of another local authority shall be exercisable only where—athe other authority consent to the service of the notice; orbthe authorities act jointly in exercising their respective powers under this section in relation to that source.5The powers conferred by this section and sections 81 and 82 below shall be so exercised in relation to a private supply of water to any premises where there is no house as to secure that no local authority are required to bear any of the expenses incurred (whether by the authority or by any other person) in taking any of the steps for ensuring that the supply is wholesome which are specified in a notice under this section.6The steps that a relevant person may be required by a notice under this section to take in relation to any premises shall include—arequiring a supply of water to be provided to those premises by a water undertaker or by any other person; andbtaking such steps for the purpose of securing that such a requirement is complied with, and of enabling such a supply to be so provided, as may be specified in the notice.7For the purposes of this section and sections 81 to 83 below the relevant persons, in relation to a private supply of water to any premises in the area of a local authority, are—athe owners and occupiers of those premises; andbwhether or not the source of the private supply is in that authority’s area, the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source;and in sections 81 to 83 below a notice under this section is referred to as a private supply notice. Confirmation of private supply notices.811Subject to subsection (2) below, a private supply notice served by a local authority shall not take effect until the end of the period specified in the notice as the period within which representations or objections with respect to the notice must be received by that authority.2Where any written representation or objection with respect to a private supply notice served by a local authority is received by the authority, before the end of the period specified in the notice, from a person on whom the notice was served, that notice shall not take effect unless—athe notice is submitted by the authority to the Secretary of State and is confirmed by him either with or without modifications; orbthe representation or objection is withdrawn.3If a local authority submit a private supply notice to the Secretary of State for confirmation, the Secretary of State—ashall consider whether the notice should be confirmed and whether, if it is confirmed, it should be confirmed with or without modifications;bmay, with respect to the matters specified in the notice or any proposed modification of it, direct the local authority to serve a private supply notice, in such terms as may be specified in the direction, on any relevant person who has not previously been served with such a notice;cmay, for the purposes of paragraph (a) or (b) above cause a local inquiry to be held or afford—ito the local authority; andiito every person who has made representations or objections with respect to the notice or any proposed direction under paragraph (b) above,an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; anddif he is satisfied that the person on whom any notice to be served in pursuance of a direction under paragraph (b) above has had a proper opportunity of having his representations or objections with respect to the proposal for the direction considered, may dispense, in relation to the notice so served, with the provisions of subsections (1) and (2) above and of section 80(2)(c) and (d) above.4Where the Secretary of State confirms a private supply notice (whether with or without modifications)—ahe, or if he so directs, the local authority concerned shall serve notice of that confirmation on every person originally served with the notice under section 80 above; andbthat notice shall take effect, with any modifications made by the Secretary of State, at such time as may be specified in the notice served under this subsection. Enforcement and variation of private supply notice.821Where any relevant person who is required by virtue of a private supply notice to take any step in relation to any premises fails to take that step within the period specified in the notice, the authority which served the notice may, in accordance with any applicable provision having effect by virtue of section 83 or 84 below, take that step themselves.2Where any step is taken by a local authority in relation to any premises by virtue of subsection (1) above—athe authority may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the authority in taking that step; andbfor the purposes of any requirement under which payments are required to be made to that person by any person other than the authority, sums paid by virtue of paragraph (a) above in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.3Nothing in this Act shall confer any right of action on any person in respect of any loss or damage sustained by that person in consequence of the failure by any other person to take any step specified in a private supply notice.4Any sum required to be paid to any person by virtue of any requirement or undertaking contained in a private supply notice shall be recoverable by that person from the person who is required to pay it.5Any requirement which—ais imposed by virtue of a private supply notice on the owner or occupier of any premises; andbis expressed to bind those premises in relation to the owners or occupiers from time to time,shall bind successive owners or, as the case may be, occupiers of those premises and shall be a local land charge.6Subject to subsection (7) below, a local authority may by notice served on any person modify or revoke the effect in relation to that person of any private supply notice or notice under this subsection (including a notice which has been confirmed, with or without modifications, by the Secretary of State).7Sections 80(2)(c) and (d) and 81 above shall apply, as they apply in relation to a private supply notice, in relation to any notice served by a local authority on any person under subsection (6) above except where the notice—aextends the period within which any step is required to be taken by that person; orbdischarges, postpones or abates any obligation of that person to make a payment to the local authority. Application of certain powers to local authorities in relation to private supplies.831For the purposes of the taking of any steps falling to be taken by a local authority by virtue of a designation under subsection (3)(a) of section 80 above the provisions of Part VI of this Act shall have effect—aas if the relevant works powers, so far as conferred on a water undertaker for the purpose of carrying out its functions, were also conferred on a local authority for the purpose of ensuring that a supply of water provided by means of a private supply to any premises in the authority’s area is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;bas if any such power, so far as it is conferred on a water undertaker in relation to things belonging to or operated or used by the undertaker for the purposes of its functions, were conferred by virtue of paragraph (a) above on a local authority in relation to things belonging to or operated or used by that authority, or a relevant person, in connection with the provision of water by means of a private supply;cas if references to a water undertaker in any provision of Part VI of this Act relating to a relevant works power, except the references in sections 181 and 182 below, included references to a local authority; anddas if the making by any person in pursuance of a private supply notice of any payment in respect of sums incurred in the laying of any pipe entitled that person, for the purposes of section 179(1) below, to an interest in the pipe.2Where by virtue of this Act a local authority have power under Part VII of the Local Government Act 1972 (miscellaneous powers of a local authority) to acquire (whether compulsorily or otherwise) any land or right over land for the purpose of ensuring that private supplies of water to premises in their area are both wholesome and (so far as houses on those premises are concerned) sufficient for domestic purposes, that power shall include power to acquire land or any interest or right in or over land in order, for that purpose, to dispose of the land or the interest or right to a person who is a relevant person in relation to such a private supply.3In this section “relevant works powers” means the powers conferred on water undertakers by sections 158, 159, 161, 163 and 165 below. Local authority rights of entry etc.841Any person designated for the purpose by a local authority within whose area any waterworks are situated shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is or has been any contravention of section 72 above in relation to those waterworks.2Any person designated in writing for the purpose by a local authority may—aenter any premises for the purpose of—iascertaining whether any provision contained in or made or having effect under this Act with respect to any water fittings, or with respect to the waste or misuse of water, is being or has been contravened;iidetermining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under section 74 above should be exercised or performed; oriiiexercising any such power or performing any such duty;orbcarry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under that section.3Any person designated in writing for the purpose by any local authority may—aenter any premises for the purpose, in relation to any private supply, of—idetermining whether, and if so in what manner, any power or duty conferred or imposed on that authority by or under any of sections 77 to 82 above should be exercised or performed; oriiexercising any such power or performing any such duty;benter any premises to which a supply of water is provided by a water undertaker for the purpose, in relation to a supply so provided of—idetermining whether, and if so in what manner, any such power should be exercised or any such duty performed; oriiexercising any such power or performing any such duty;orccarry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as the local authority—iconsider appropriate for the purposes of any such power or duty; andiihave authorised that person to carry out or take away.4Part I of Schedule 6 to this Act shall apply to the right of entry conferred by subsection (1) above; but nothing in that subsection or in that Part of that Schedule shall entitle any person designated for the purposes of that subsection by a local authority to have access to any waterworks belonging to a water undertaker.5Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsections (2) and (3) above.6In subsection (1) above the reference to a local authority includes a reference to a county council and to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and any expenses incurred by the Common Council of the City of London in the exercise of their functions under that subsection shall be defrayed as part of their general expenses.7In this section “waterworks” has the same meaning as in section 72 above. Local authority power to obtain information for the purposes of functions under Chapter III.851Subject to subsection (2) below, a local authority may serve on any person a notice requiring him to furnish that authority, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by that authority for the purpose of exercising or performing any power or duty conferred or imposed on that authority by or under any of sections 77 to 82 above.2The Secretary of State may by regulations make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.3A person who fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.<Substitution ChangeId="key-5708ed834230716edc4efbaa31b9865c-1741185051009" CommentaryRef="key-5708ed834230716edc4efbaa31b9865c">Drinking Water Inspectorate</Substitution><Substitution ChangeId="key-b67aa38755c842c6bc25d3796c84528d-1741185074095" CommentaryRef="key-b67aa38755c842c6bc25d3796c84528d">Appointment and functions of inspectors</Substitution>861The Secretary of State may for the purposes of this section appoint persons to act on his behalf . . . in relation to some or all of—athe powers and duties conferred or imposed on him by or under sections 67 to 70 and 77 to 82 above; ...bsuch other powers and duties in relation to the quality and sufficiency of water supplied using a water undertaker’s supply system as are conferred or imposed on him by or under any other enactments ; andcarrangements for assessing and securing compliance, and responding to failures to comply, with directions (or any particular direction) under section 208.1ASubject to subsection (1B) below, the Secretary of State shall designate one such person as the Chief Inspector of Drinking Water.1BIf the function of the Secretary of State under subsection (1) above is transferred to any extent to the Assembly—asubject to paragraph (b) below, the Assembly may designate one such person appointed by it as the Chief Inspector of Drinking Water for Wales; butbif the person designated by the Assembly is the same as the person designated by the Secretary of State as the Chief Inspector of Drinking Water, he shall be known as such in both capacities.2An inspector appointed under this section shall—acarry out such investigations as the Secretary of State may require him to carry out for the purpose of—iascertaining whether any duty or other requirement imposed on that undertaker or a water supply licensee by or under any of sections 68, 69 and 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section is being, has been or is likely to be contravened; oriiadvising the Secretary of State as to whether, and if so in what manner, any of the powers of the Secretary of State in relation to such a contravention, or any of the powers (including the powers to make regulations) which are conferred on him by or under any of sections 67 to 70 and 77 to 82 above should be exercised;andbmake such reports to the Secretary of State with respect to any such investigation as the Secretary of State may require.3Without prejudice to the powers conferred by subsection (4) below, it shall be the duty of a water undertaker , water supply licensee or other relevant person (as defined in section 70(1A) above)—ato give an inspector appointed under this section all such assistance; andbto provide an inspector so appointed with all such information,as that person may reasonably require for the purpose of carrying out any such investigation as is mentioned in subsection (2) above.4Any inspector appointed under this section who is designated in writing for the purpose by the Secretary of State may—aenter any premises for the purpose of carrying out any such investigation as is mentioned in subsection (2) above;bcarry out such inspections, measurements and tests on premises entered by that inspector or of articles or records found on any such premises, and take away such samples of water or of any land or articles, as that inspector considers appropriate for the purpose of enabling him to carry out any such investigation; orcat any reasonable time require—iany water undertaker or water supply licensee to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker or licensee by or under any of sections 68, 69 and 79 above; oriiany relevant person (as defined in subsection (1A) of section 70 above) to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that person by or under that section.5Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsection (4) above.6Any water undertaker , water supply licensee or other relevant person which fails without reasonable excuse to comply with the duty imposed on that person by virtue of subsection (3) above shall be guilty of an offence and liable —aon summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;bon conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.7Proceedings by the Secretary of State for an offence under this section or in relation to the quality and sufficiency of water supplied using a water undertaker’s supply system may be instituted and carried on in the name of the Chief Inspector of Drinking Water.8Any such proceedings by the Assembly may be instituted and carried on in the name of the Chief Inspector of Drinking Water for Wales, if there is one (or, if subsection (1B)(b) above applies, in the name of the Chief Inspector of Drinking Water).9In this section “inspector” means the Chief Inspector of Drinking Water or any other person appointed under subsection (1) above.<Addition ChangeId="key-e8616523f0d82ec34e15470f43c608fc-1604610302349" CommentaryRef="key-e8616523f0d82ec34e15470f43c608fc">Charging of fees</Addition>86ZA1The Secretary of State may by order made by statutory instrument confer power on the Chief Inspector of Drinking Water to charge fees for the exercise of a function by an inspector appointed by the Secretary of State under section 86 (and to determine their amount).2The Welsh Ministers may by order made by statutory instrument confer power on the designated person to charge fees for the exercise of a function by an inspector appointed by the Welsh Ministers under section 86 (and to determine their amount).3In subsection (2) “the designated person” means—athe Chief Inspector of Drinking Water for Wales, orbif the same person is designated under section 86(1A) and (1B), the Chief Inspector of Drinking Water in that person's capacity as a person designated by the Welsh Ministers under section 86(1B).3AA fee may be made chargeable under this section in relation to—aa specific instance in which the function is exercised, orbthe exercise of the function more generally during a particular period of time (which need not be limited to its exercise in relation to the person charged with the fee).4An order under this section may include consequential, supplementary, incidental or transitional provision, or savings.5A statutory instrument containing an order made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.6A statutory instrument containing an order made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of the Assembly.7Subsection (8) applies in relation to a statutory instrument containing both—aan order under this section made by the Secretary of State, andban order under this section made by the Welsh Ministers.8If in accordance with subsection (5) or (6)—aeither House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing an order made by the Secretary of State be annulled, orbthe Assembly resolves that an instrument containing an order made by the Welsh Ministers be annulled,nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.<Addition ChangeId="d29p19089" CommentaryRef="c14001061">Complaints</Addition><CommentaryRef Ref="c14001071"/><Addition ChangeId="d29p19089" CommentaryRef="c14001061"> Procedure for dealing with complaints.</Addition>86A1Each water undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the supply of water.2No such procedure shall be established, and no modification of such a procedure shall be made, unless—athe water undertaker has consulted the regional committee to which it has been allocated; andbthe proposed procedure or modification has been approved by the Authority.3The water undertaker shall—apublicise the procedure in such manner as may be approved by the Authority; andbsend a description of the procedure, free of charge, to any person who asks for one.4The Authority may give a direction to a water undertaker requiring the undertaker to review its procedure or the manner in which the procedure operates.5A direction under subsection (4) above—amay specify the manner in which the review is to be conducted; andbshall require a written report of the review to be made to the Authority.6Where the Authority receives a report under subsection (5)(b) above, it may, after consulting the water undertaker, direct the undertaker to make such modifications of—athe procedure; orbthe manner in which the procedure operates,as may be specified in the direction.7Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.8The duty of a water undertaker to comply with subsection (1) above and with any direction given to it under subsection (4) or (6) above shall be enforceable by the Authority under section 18 above.9Where the Authority is considering whether to exercise its powers under subsection (4) or (6) above in relation to a water undertaker, it shall be the duty of that undertaker to give it such information as it may reasonably require for the purpose of assisting it in coming to a decision.10Section 202 below shall have effect, with the necessary modifications, in relation to information which the Authority requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section. CHAPTER IV FLUORIDATION<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/> Fluoridation of water supplies871If requested in writing to do so by a relevant authority, a water undertaker shall enter into arrangements with the relevant authority to increase the fluoride content of the water supplied by that undertaker to premises within the area specified in the arrangements.2But a water undertaker shall not be required by subsection (1) above to enter into any such arrangements until an indemnity with respect to the arrangements has been given by virtue of section 90 below—ato the water undertaker; andbto any water supply licensee which is entitled to one.3In this section and the following provisions of this Chapter—areferences to a relevant authority—iin relation to areas in England, are to the Secretary of State;iiin relation to areas in Wales, are to the Assembly; andbreferences to water supplied by a water undertaker are to water supplied (whether by a water undertaker or a water supply licensee) to premises using the supply system of that undertaker.3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4The area specified in arrangements under this section may be—ain relation to England, such area in England as the Secretary of State may determine;bin relation to Wales, such area comprising the whole or any part of Wales as the Assembly may determine.5The arrangements shall be on such terms as may be agreed between the relevant authority and the water undertaker or, in the absence of agreement, determined in accordance with section 87B below.6 Subject to subsection (6A) those terms shall include provision—arequiring the relevant authority to meet the reasonable capital and operating costs incurred by the water undertaker in giving effect to the arrangements;bspecifying circumstances in which the requirement to increase the fluoride content may be temporarily suspended; andcfor the variation of the arrangements at the request of the relevant authority.6AThe Secretary of State may by regulations provide that, in circumstances specified in the regulations, subsection (6)(a) is not to apply in relation to arrangements entered into by the Secretary of State.6BThe Secretary of State may by regulations require a public body specified in the regulations to make payments to the Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.7The relevant authority shall consult the Authority in relation to the terms to be included in any arrangements under this section (in particular, terms which affect the operation of the water undertaker’s supply system).7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7GBefore making regulations under subsection (6A) or (6B) the Secretary of State must consult such persons as the Secretary of State considers appropriate. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Before carrying out the consultation required by subsection (1) of section 89 below in relation to a step mentioned in paragraph (a), (b) or (c) of subsection (2) of that section, a relevant authority shall consult the water undertaker in question as to whether the arrangements which would result from taking that step would be operable and efficient (or, where it is proposed to terminate the arrangements, as to whether it would be reasonably practicable to do so).12A statutory instrument containing regulations under subsection (6A) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/><Addition ChangeId="d29p19381" CommentaryRef="c19906101">Target concentration of fluoride</Addition>87A1Arrangements under section 87(1) above shall include provision for securing that, so far as reasonably practicable, the concentration of fluoride in the water supplied to premises in the specified area is maintained at the general target concentration of one milligram per litre.2But the arrangements may provide for the concentration in the specified area (or any part of it) to be lower than that if the relevant authority considers that it is not reasonably practicable to achieve the general target concentration in the specified area (or that part of it).3Any such lower concentration must still be as high as is reasonably practicable in the circumstances.3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4If, in relation to any area (“area A”), an order under section 88A(1) below specifies a general target concentration lower than that for which any arrangements effective there provide (or, by the previous operation of this subsection, are taken to provide), the arrangements shall have effect from the coming into force of the order as if they provided for the general target concentration specified in the order (subject to the operation again of subsections (2) and (3) above).5If the result of the operation of subsection (4) above in relation to arrangements in area A is that in an area adjoining area A (“area B”) it is not reasonably practicable to maintain the concentration of fluoride in the water supplied by virtue of arrangements made in area B with the same water undertaker, the order shall be taken to extend also to area B so far as those arrangements are concerned, and subsection (4) above shall apply accordingly.6An order under section 88A(1) below which in relation to any area specifies a general target concentration higher than that for which any arrangements effective there provide (or are taken to provide by virtue of subsection (4) or (5) above) does not have effect to increase the concentration for which the arrangements provide (or are taken to provide).7In this section, “specified area” means the area specified in arrangements under section 87(1) above.<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/><Addition ChangeId="d29p19437" CommentaryRef="c19906121">Fluoridation arrangements: determination of terms</Addition>87B1This section applies if a relevant authority and a water undertaker fail to agree—athe terms of arrangements requested by the relevant authority pursuant to subsection (1) of section 87 above; orba variation in the terms of those arrangements following a request by the relevant authority pursuant to subsection (6)(c) of that section.2In relation to areas in England (except where subsection (4) below applies)—athe relevant authority may refer the matter to the Secretary of State for determination;athe Secretary of State may—idetermine the terms of the arrangements as the Secretary of State sees fit; oriirefer the matter for determination by such other person as the Secretary of State considers appropriate; and”, andbfollowing such a reference, the Secretary of State may—idetermine the terms of the arrangements as he sees fit; oriirefer the matter for determination by such other person as he considers appropriate; andcthe determination of the Secretary of State or, as the case may be, the other person shall be final.3In relation to areas in Wales (except where subsection (4) below applies)—athe Assembly may—idetermine the terms of the arrangements itself as it sees fit; oriirefer the matter for determination by such other person as it considers appropriate; andbthe determination of the Assembly or, as the case may be, the other person shall be final.4Where the Assembly is one of the relevant authorities which has made a combined reference under section 87(8)(b) or (10) Where a combined reference is made under section 87(7C)(b) or 87(7F) above—athe terms of the arrangements shall be determined by a person appointed by the Secretary of State and the Assembly acting jointly; andbthe determination of that person shall be final.5Following determination under this section of the terms to be included in any arrangements—athe relevant authority shall give notice of the determination to the water undertaker in question; andbthe undertaker shall be deemed to have entered into the arrangements under section 87(1) above on the terms determined under this section with effect from the day after the date of the notice.6References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements deemed to have been entered into under that section by virtue of subsection (5)(b) above.<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/><Addition ChangeId="d29p19575" CommentaryRef="c19906141">Fluoridation arrangements: compliance</Addition>87C1It shall be the duty of each water undertaker to comply with any arrangements entered into by it under section 87(1) above.2Where, pursuant to any such arrangements, the fluoride content of any water is increased, the increase may be effected only by the addition of one or more of the following compounds of fluorine—hexafluorosilicic acid (H2SiF6)disodium hexafluorosilicate (Na2SiF6).3Subject to subsection (4) below, water to which fluoride has been added pursuant to any such arrangements entered into by a water undertaker (with a view to its supply in an area) may be supplied by that or any other undertaker to premises in any other area (whether or not that other area is the subject of arrangements under section 87(1) above).4Subsection (3) above applies if (and only if) the undertaker or undertakers concerned consider that it is necessary for the water to be supplied in the other area—afor the purpose of dealing with any serious deficiency in supply; orbin connection with the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by the undertakers concerned, or by a water supply licensee supplying water using its or their supply system.5In this section—athe reference, in subsection (3) above, to water to which fluoride has been added pursuant to arrangements includes a reference to water to which fluoride has been added by Scottish Water in exercise of the power conferred by section 1 of the Water (Fluoridation) Act 1985; andbin relation to a supply of such water by a water undertaker, the reference, in subsection (4) above, to the water undertakers concerned shall have effect as references to the water undertaker and Scottish Water.6In subsection (4) above, “serious deficiency in supply” means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.7Arrangements entered into under section 87(1) above shall remain in force until the relevant authority, after giving reasonable notice to the water undertaker, terminates them.8But (except where it is reasonably practicable to terminate the arrangements separately), arrangements to which section 87(8)(a) or (b) applied may only be terminated by the relevant authorities acting jointly.<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/> Power to vary permitted fluoridation agents.881The Secretary of State may by order amend section 87C(2) above by—aadding a reference to another compound of fluorine; orbremoving any reference to a compound of fluorine.2The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.<Addition ChangeId="d29p19721" CommentaryRef="c19906201">Power to vary target concentration of fluoride</Addition>88A1The appropriate authority may by order made by statutory instrument provide that section 87A(1) above is to have effect as if for “one milligram per litre” there were substituted a lower concentration specified in the order.2An order under subsection (1) above may make different provision for different geographical areas, or for some such areas and not others.3A statutory instrument containing an order under subsection (1) above shall not be made by the Secretary of State (or by the Secretary of State and the Assembly acting jointly) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.4In subsection (1) above “appropriate authority”—ain relation to an area which is partly in England and partly in Wales, means the Secretary of State and the Assembly acting jointly;bin relation to an area which is wholly in England, means the Secretary of State; andcin relation to an area which is wholly in Wales, means the Assembly.5An order amending or revoking an order under subsection (1) above made by virtue of subsection (4)(a) above must also be made by the Secretary of State and the Assembly acting jointly.Requirement for fluoridation proposal: England88B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Initial consultation etc. on fluoridation proposal88C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Additional requirements where other local authorities affected88D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Decision on fluoridation proposal88E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Decision-making procedure: exercise of functions by committee88F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Secretary of State's duty in relation to fluoridation proposal88G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Payments by local authorities towards fluoridation costs88H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Variation or termination of arrangements under section 87(1)88I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Initial consultation etc. on variation or termination proposal88J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Additional requirements where other local authorities affected88K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Decision on variation or termination proposal88L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Decision-making procedure: exercise of functions by committee88M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Secretary of State's duty in relation to requests for variation or termination88N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Power to make regulations as to maintenance of section 87 arrangements88O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/>Consultation <CommentaryRef Ref="key-65d4c2b9d3d54d1a8c49dfa837b5e4e4"/>... 891Before taking any step mentioned in subsection (2) below, a relevant authority shall—aconsult and ascertain opinion in accordance with regulations made by that authority; andbcomply with the requirements set out in regulations made by that authority.2The steps are—arequesting a water undertaker to enter into arrangements under section 87(1) above;brequesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;cgiving notice to a water undertaker under section 87C(7) above to terminate any such arrangements;dmaintaining any such arrangements in prescribed circumstances.3Regulations—aunder paragraph (a) of subsection (1) above shall include provision about the process which the relevant authority is to follow for the purposes of that paragraph;bunder paragraph (b) of that subsection shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken.4Subsection (1) above shall not apply in relation to a proposal by a relevant authority to take the step mentioned in subsection (2)(c) above if that authority so directs by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).5In this section “appropriate authority”—ain a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly;bin relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; andcin relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/> Indemnities in respect of fluoridation.901The Secretary of State may, with the consent of the Treasury, agree to indemnify any water undertaker in respect of liabilities which it may incur in complying with arrangements entered into by it pursuant to section 87(1) above.2The Secretary of State may also, with the consent of the Treasury, agree to indemnify any water supply licensee in respect of liabilities which the licensee may incur—ain supplying water to which fluoride has been added by a water undertaker by virtue of any such arrangements;b(if the licensee is introducing water into the water undertaker’s supply system) in complying with any obligation imposed on the licensee by the undertaker in consequence of the arrangements.3The Secretary of State may by regulations make provision with respect to—athe matters in respect of which an indemnity may be given under subsection (1) or (2) above;bthe form and terms of any such indemnity; andcsuch ancillary matters as he sees fit.<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/><Addition ChangeId="d29p19945" CommentaryRef="c19906021">Review of fluoridation</Addition>90A1A relevant authority which has entered into arrangements under section 87(1) above shall—amonitor the effects of the arrangements on the health of persons living in the area specified in the arrangements; andbin accordance with subsections (3) to (5) below publish reports containing an analysis of those effects.2The relevant authority shall make available—aany information collected by it for the purposes of subsection (1) above; orbsummaries of that information.3The relevant authority shall publish a report under subsection (1)(b) above within the period of four years beginning with the date on which the arrangements come into force (unless section 91(1) below applies in relation to the arrangements).4Where section 91(1) below applies in relation to the arrangements, the relevant authority shall publish a report under subsection (1)(b) above within the period of four years beginning with the date on which section 58 of the Water Act 2003 came into force.5The relevant authority shall publish a further report under subsection (1)(b) above within each period of four years beginning with the date on which their last such report was published.5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6This section ceases to apply in relation to any arrangements under section 87(1) above if those arrangements are terminated.<Addition ChangeId="key-15d5cbc13fa63967a0ae360af6d4692f-1668080630553" CommentaryRef="key-15d5cbc13fa63967a0ae360af6d4692f">Old English fluoridation arrangements: transitional provision</Addition>90B1With effect from the day on which section 176 of the Health and Care Act 2022 comes into force, old English fluoridation arrangements are to be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1).2The Secretary of State may request such modifications to the arrangements as the Secretary of State considers necessary in order to give effect to subsection (1) (for example to insert the terms mentioned in section 87(6)).3If the Secretary of State and the water undertaker fail to agree the modifications requested by the Secretary of State—asubsection (2) or, as the case may be, (4) of section 87B is to apply as if the parties had failed to agree the terms of the arrangements under section 87(1), andbfollowing determination of the modifications—ithe Secretary of State is to give notice of the determination to the water undertaker, andiithe arrangements are deemed to have been modified as so determined with effect from the day after the date of notice.4Sections 87(11) and 89(1) (which relate to consultation) do not apply to the deemed entry into, and modification of, arrangements by virtue of this section.5References in this Chapter to arrangements entered into under section 87(1) include arrangements entered into by a water undertaker by virtue of subsection (1).6In this section “old English fluoridation arrangements” means—aany arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991 (before section 87(3) was amended by section 35(2) of the Health and Social Care Act 2012 in relation to England), andbany arrangements which were treated as arrangements falling within paragraph (a) by virtue of section 91 (as that section had effect immediately before the commencement of section 37(4) of the Health and Social Care Act 2012).<CommentaryRef Ref="key-7be2f793cbc549f70befa3416a0f1b6f"/> <Addition ChangeId="key-d1549040fef5eea1d316e9859ea2a3df-1537886234587" CommentaryRef="key-d1549040fef5eea1d316e9859ea2a3df"><Substitution ChangeId="key-6a52bd40a2392d153a3af04c2f1db6f5-1668083739548" CommentaryRef="key-6a52bd40a2392d153a3af04c2f1db6f5">Old Welsh fluoridation arrangements: transitional provision</Substitution></Addition>911With effect from the appointed day, old Welsh fluoridation arrangements shall be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker in question with the Welsh Ministers under section 87(1) above.2The Welsh Ministers may request such modifications to the arrangements as it considers necessary in order to give effect to subsection (1) above, for example to insert the terms mentioned in section 87(6) above.3If the Welsh Ministers and the water undertaker fail to agree the modifications requested by the Welsh Ministers—asubsection ... (3) or, as the case may be, (4) of section 87B above shall apply as if the parties had failed to agree the terms of arrangements requested under section 87(1) above; andbfollowing determination of the modifications—ithe Welsh Ministers shall give notice of the determination to the water undertaker; andiithe arrangements shall be deemed to have been modified as so determined with effect from the day after the date of the notice.4Sections 87(11) and 89(1) above (which relate to consultation) shall not apply to the deemed entry into, and modification of, arrangements by virtue of this section.5References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements treated as entered into by a water undertaker by virtue of subsection (1) above.6In this section—“the appointed day” means the day on which section 58 of the Water Act 2003 comes into force in relation to Wales; and “old Welsh fluoridation arrangements” means arrangements, other than arrangements mentioned in section 90B(6), in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day. CHAPTER V SUPPLEMENTAL PROVISIONS OF PART <Acronym Expansion="3">III</Acronym> Power to give effect to international obligations <Addition ChangeId="key-24ff70d6ea1a2045493d0ee5dacff635-1635160735389" CommentaryRef="key-24ff70d6ea1a2045493d0ee5dacff635">etc.</Addition>921Subject to subsection (2) below, the Secretary of State may by regulations provide that the provisions of Chapters I to III of this Part shall have effect with such modifications as may be prescribed for the purpose of ...—agiving effect to any assimilated obligations, orbenabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party.2This section shall not authorise any modification of any of sections 71, 72 and 76 above or of any other provisions of this Part so far as they have effect for the purposes of or in relation to those sections. Interpretation of Part III.931In this Part—“connection notice” shall be construed in accordance with section 45(8) above;“consumer”, in relation to a supply of water provided by a water undertaker to any premises, means (except in Chapter IV) a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;“food production purposes” means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;“necessary works” includes works carried out, in exercise of any power conferred by or under any enactment, by a person other than a water undertaker;“private supply” means, subject to subsection (2) below, a supply of water provided otherwise than by a water undertaker or by a water supply licensee in accordance with Chapter 1A of Part 2 of this Act (including a supply provided for the purposes of the bottling of water), and cognate expressions shall be construed accordingly;“private supply notice” shall be construed in accordance with section 80(7) above;“water fittings” includes pipes (other than water mains), taps, cocks, valves, ferrules, meters, cisterns, baths, water closets, soil pans and other similar apparatus used in connection with the supply and use of water;“wholesome” and cognate expressions shall be construed subject to the provisions of any regulations made under section 67 above.2For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.3For the purposes of this Part a service pipe shall be treated as connected with a water main other than a trunk main even if the connection is an indirect connection made by virtue of a connection with another service pipe.4The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises. PART IIIA<Addition ChangeId="d29p20166"> Promotion of the Efficient Use of Water</Addition><Addition ChangeId="d29p20166"> Duty to promote the efficient use of water.</Addition>93A1It shall be the duty of every water undertaker or water supply licensee to promote the efficient use of water by that person's customers.2The duty of a water undertaker or water supply licensee under this section shall be enforceable under section 18 above—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.3Nothing in this Part shall have effect to authorise or require a water undertaker or water supply licensee to impose any requirement on any of that person's customers or potential customers.<Addition ChangeId="d29p20166"> Power of </Addition><Addition ChangeId="d29p20166"><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7">Authority</Substitution></Addition><Addition ChangeId="d29p20166"> to impose requirements on water undertakers.</Addition>93B1The Authority may require a water undertaker or water supply licensee, in the performance of that undertaker's or licensee's duty under section 93A above, to—atake any such action; orbachieve any such overall standards of performance,as it may specify in the document imposing the requirement.2Where the Authority, in the document imposing a requirement on a water undertaker or water supply licensee under subsection (1) above, stipulates that any contravention of the requirement by the undertaker or licensee will be a breach of the undertaker's or licensee's duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty.3Without prejudice to the generality of subsection (1) above, a requirement under that subsection may—arequire a water undertaker or water supply licensee to make available to that person's customers or potential customers such facilities as may be specified in the document imposing the requirement;brequire a water undertaker or water supply licensee to provide or make available to that person's customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.4In exercising its powers under this section in relation to any water undertaker or water supply licensee the Authority shall have regard to the extent to which water resources are available to that undertaker or licensee.5Before imposing any requirement on a water undertaker or water supply licensee under subsection (1) above the Authority shall consult that undertaker or licensee.6Nothing in this section authorises the Authority to impose any requirement on a water undertaker or water supply licensee which has or may have the effect of authorising or requiring that undertaker or licensee to impose any requirement on any of that person's customers or potential customers.<Addition ChangeId="d29p20166"> Publicity of requirements imposed under section 93B.</Addition>93C1Where, under section 93B(1) above, the Authority imposes any requirement on a water undertaker or water supply licensee, the Authority may arrange for that requirement to be publicised in any such manner as he may consider appropriate for the purpose of bringing it to the attention of that undertaker’s or licensee's customers.2Without prejudice to the generality of subsection (1) above, the Authority may arrange for such publicising of the requirement as is mentioned in that subsection by—a itself publicising the requirement or causing it to be publicised; orbdirecting the undertaker or licensee to inform or arrange to inform its customers of the requirement.<Addition ChangeId="d29p20166"> Information as to compliance with requirements under section 93B.</Addition>93D1Where a water undertaker or water supply licensee is subject to any requirement imposed under section 93B(1) above, the Authority may arrange for there to be given to the customers of that undertaker or licensee at any such times or with such frequency, and in any such manner, as it may consider appropriate, such information about the level of performance achieved by the undertaker or licensee in relation to that requirement as appears to the Authority to be expedient to be given to those customers.2Without prejudice to the generality of subsection (1) above, the Authority may arrange for such giving of information as is mentioned in that subsection by—aitself disseminating the information or causing it to be disseminated; orbdirecting the undertaker or licensee to give or arrange to give the information to its customers.3At such times and in such form or manner as the Authority may direct, a water undertaker or water supply licensee shall provide the Authority with such information as may be specified in the direction in connection with the undertaker’s or licensee's performance in relation to any requirement imposed upon the undertaker or licensee under section 93B(1) above.4A water undertaker or water supply licensee who fails without reasonable excuse to do anything required of him by virtue of subsection (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. Part IV SEWERAGE SERVICES chapter I GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS <Addition ChangeId="key-f90dc35e8b58ec45a6931a2447d77806-1613309639521" CommentaryRef="key-f90dc35e8b58ec45a6931a2447d77806">etc</Addition> Principal duties and standards of performance General duty to provide sewerage system.941It shall be the duty of every sewerage undertaker—ato provide, improve and extend such a system of public sewers (whether inside its area or elsewhere) and so to cleanse and maintain those sewers and any lateral drains which belong to or vest in the undertaker as to ensure that that area is and continues to be effectually drained; andbto make provision for the emptying of those sewers and such further provision (whether inside its area or elsewhere) as is necessary from time to time for effectually dealing, by means of sewage disposal works or otherwise, with the contents of those sewers.2It shall be the duty of a sewerage undertaker in performing its duty under subsection (1) above to have regard—ato its existing and likely future obligations to allow for the discharge of trade effluent into its public sewers; andbto the need to provide for the disposal of trade effluent which is so discharged.3The duty of a sewerage undertaker under subsection (1) above shall be enforceable under section 18 above—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.4The obligations imposed on a sewerage undertaker by the following Chapters of this Part, and the remedies available in respect of contraventions of those obligations, shall be in addition to any duty imposed or remedy available by virtue of any provision of this section or section 95 below and shall not be in any way qualified by any such provision.5In this section “trade effluent” has the same meaning as in Chapter III of this Part.<Addition ChangeId="key-d9d690eca7271320e7a3734dcb4ead1d-1725532813810" CommentaryRef="key-d9d690eca7271320e7a3734dcb4ead1d">Drainage and sewerage management plans: preparation and review</Addition>94A1Each sewerage undertaker must prepare, publish and maintain a drainage and sewerage management plan.2A drainage and sewerage management plan is a plan for how the sewerage undertaker will manage and develop its drainage system and sewerage system so as to be able, and continue to be able, to meet its obligations under this Part.3A drainage and sewerage management plan must address in particular—athe capacity of the undertaker’s drainage system and sewerage system,ban assessment of the current and future demands on the undertaker’s drainage system and sewerage system,cthe resilience of the undertaker’s drainage system and sewerage system,dthe measures the undertaker intends to take or continue for the purpose in subsection (2),ethe likely sequence and timing for implementing those measures,eathe use that is to be made of nature-based solutions, technologies and facilities within the undertaker’s drainage system and sewerage system,frelevant environmental risks and how those risks are to be mitigated, andgany other matters specified by the Minister in directions.4Section 94C contains provision about the preparation and publication of a drainage and sewerage management plan (including a revised plan).5Before each anniversary of the date when its plan (or revised plan) was last published, the sewerage undertaker must—areview its plan, andbsend a statement of the conclusions of its review to the Minister.6The sewerage undertaker must prepare and publish a revised plan in each of the following cases—afollowing conclusion of its annual review, if the review indicated a material change of circumstances;bif directed to do so by the Minister;cin any event, not later than the end of the period of 5 years beginning with the date when the plan (or the revised plan) was last published.7The Minister may give directions specifying—athe form which a drainage and sewerage management plan must take;bthe planning period to which a drainage and sewerage management plan must relate.8The duties of a sewerage undertaker under this section are enforceable by the Minister under section 18.9In this section references—ato a drainage system of a sewerage undertaker, are to any drainage system (within the meaning of section 114A) maintained or operated by the sewerage undertaker which is not part of its sewerage system;bto the sewerage system of a sewerage undertaker, have the same meaning as in Chapter 1A of Part 2 (see section 17BA(7)).10In this section “the Minister” means—athe Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.<Addition ChangeId="key-d9d690eca7271320e7a3734dcb4ead1d-1725532813810" CommentaryRef="key-d9d690eca7271320e7a3734dcb4ead1d">Drainage and sewerage management plans: power to amend period</Addition>94B1The Minister may by order made by statutory instrument amend the period for the time being specified in section 94A(6)(c).2In subsection (1) “the Minister” means—athe Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.3A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of—aeither House of Parliament, in the case of an order made by the Secretary of State;bSenedd Cymru, in the case of an order made by the Welsh Ministers.4Subsection (5) applies in relation to a statutory instrument containing both—aan order made by the Secretary of State under subsection (1), andban order made by the Welsh Ministers under subsection (1).5If in accordance with subsection (3)(a) or (b) (negative resolution procedure)—aeither House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, orbSenedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled,the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument.<Addition ChangeId="key-d9d690eca7271320e7a3734dcb4ead1d-1725532813810" CommentaryRef="key-d9d690eca7271320e7a3734dcb4ead1d">Drainage and sewerage management plans: regulations about procedure</Addition>94C1The Minister may by regulations make provision about the procedure for preparing and publishing a drainage and sewerage management plan (including a revised plan).2The regulations may provide for the sharing of information and, in particular, may require a sewerage licensee to share such information with a sewerage undertaker as may be reasonably requested.3The regulations may make provision about consultation to be carried out by sewerage undertakers, including provision about—athe persons to be consulted,bthe frequency and timing of any consultation, andcthe publication of statements relating to any consultation.4The regulations may make provision about the preparation and circulation of draft plans, including provision for the Minister to require changes to a draft plan.5The regulations may make provision for the purposes of ensuring that persons likely to be affected by the plan have a reasonable opportunity to make representations to the Minister.6The regulations may make provision about how representations (and any comments on them by the sewerage undertaker) are to be dealt with, including provision for—athe Minister to cause an inquiry or other hearing to be held in connection with the plan, andbsection 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) to apply to such an inquiry or hearing (with or without modifications).7The regulations may make provision about commercially confidential information and its publication.8The regulations may confer on the Minister power to make provision by directions.9In this section “the Minister” means—athe Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.<Addition ChangeId="key-d9d690eca7271320e7a3734dcb4ead1d-1725532813810" CommentaryRef="key-d9d690eca7271320e7a3734dcb4ead1d">Regulations under section 94C: supplementary</Addition>94D1Regulations under section 94C are to be made by statutory instrument.2A statutory instrument containing regulations under section 94C is subject to annulment in pursuance of a resolution of—aeither House of Parliament, in the case of regulations made by the Secretary of State, andbSenedd Cymru, in the case of regulations made by the Welsh Ministers.3Subsection (4) applies in relation to a statutory instrument containing both—aregulations made by the Secretary of State under section 94C, andbregulations made by the Welsh Ministers under section 94C.4If in accordance with subsection (2)(a) or (b) (negative resolution procedure)—aeither House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, orbSenedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled,the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument.5Section 213(2) to (2B) applies to regulations made by the Welsh Ministers under section 94C as it applies to regulations made by the Secretary of State.<Addition ChangeId="key-d9d690eca7271320e7a3734dcb4ead1d-1725532813810" CommentaryRef="key-d9d690eca7271320e7a3734dcb4ead1d">Drainage and sewerage management plans: directions</Addition>94E1In this section “directions” means directions given under—asection 94A, orbregulations under section 94C.2Directions are to be given by an instrument in writing.3Directions may be—ageneral directions applying to all sewerage undertakers, orbdirections applying only to one or more sewerage undertakers specified in the directions.4Each sewerage undertaker to whom a direction applies must comply with the direction.5The duties of a sewerage undertaker under this section are enforceable under section 18 by—athe Secretary of State, in the case of directions given by the Secretary of State, andbthe Welsh Ministers, in the case of directions given by the Welsh Ministers. Standards of performance in connection with provision of sewerage services.951For the purpose-aof facilitating the determination of the extent to which breaches of the obligations imposed by virtue of the following provisions of this Part are to amount to breaches of the duty imposed by section 94 above; orbof supplementing that duty by establishing overall standards of performance in relation to the provision of sewerage services by any sewerage undertaker,the Secretary of State may, in accordance with section 96 below, by regulations provide for contraventions of such requirements as may be prescribed to be treated for the purposes of this Act as breaches of that duty.2The Secretary of State may, in accordance with section 96 below, by regulations prescribe such standards of performance in connection with the provision of sewerage services as, in his opinion, ought to be achieved in individual cases.3Regulations under subsection (2) above may provide that, if a sewerage undertaker fails to meet a prescribed standard, it shall pay such amount as may be prescribed to any person who is affected by the failure and is of a prescribed description.4Without prejudice to the generality of the power conferred by subsection (2) above, regulations under that subsection may—ainclude in a standard of performance a requirement for a sewerage undertaker, in prescribed circumstances, to inform a person of his rights by virtue of any such regulations;bprovide for any dispute under the regulations to be referred by either party to the dispute to the Authority;cmake 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;dprescribe circumstances in which a sewerage undertaker is to be exempted from requirements of the regulations.5Where the Authority determines any dispute in accordance with regulations under this section it shall, in such manner as may be specified in the regulations, give its reasons for reaching its decision with respect to the dispute.<Addition ChangeId="key-e54325d700858bdf647282a774377fbf-1620492297140" CommentaryRef="key-e54325d700858bdf647282a774377fbf">Standards of performance in connection with provision of sewerage services: sewerage licensees</Addition>95ZA1For the purpose of establishing overall standards of performance in connection with the provision of sewerage services by sewerage licensees in accordance with their retail authorisations, the Secretary of State may, in accordance with section 96ZA, by regulations—aimpose requirements in connection with the provision of sewerage services;bprovide for a requirement so imposed to be enforceable under section 18 by—ithe Secretary of State, oriithe Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.2The Secretary of State may, in accordance with section 96ZA, by regulations prescribe such standards of performance in connection with the provision of sewerage services as, in the Secretary of State's opinion, ought to be achieved in individual cases.3Regulations under subsection (2) may provide that if a sewerage licensee fails to meet a prescribed standard the licensee must pay such amount as may be prescribed to any person who—ais affected by the failure, andbis of a prescribed description.4Without prejudice to the generality of the power conferred by subsection (2), regulations under subsection (2) may—ainclude in a standard of performance a requirement for a sewerage licensee, in prescribed circumstances, to inform a person of that person's rights by virtue of any such regulations;bprovide for a dispute under the regulations to be referred by either party to the dispute to the Authority;cmake 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;dprescribe circumstances in which a sewerage licensee is to be exempted from requirements of the regulations.5Where 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.<CommentaryRef Ref="c13218861"/><Addition ChangeId="d29p20640">Information with respect to levels of performance.</Addition>95A1The Authority shall from time to time collect information with respect to—athe compensation paid by sewerage undertakers under regulations under section 95(2) above; ...aathe compensation paid by sewerage licensees under regulations under section 95ZA(2); andbthe levels of overall performance achieved by sewerage undertakers or sewerage licensees in connection with the provision of sewerage services.2At such times as the Authority may direct, each sewerage undertaker shall give the following information to the Authority —aas respects each standard prescribed by regulations under section 95(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; andbas respects each standard established by regulations under section 95(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.2AAt such times as the Authority may direct, each sewerage licensee is to give the following information to the Authority—aas respects each standard established by regulations under section 95ZA(1), such information with respect to the level of performance achieved by the licensee as may be specified in the direction;bas respects each standard prescribed by regulations under section 95ZA(2), the number of cases in which compensation was paid and the aggregate amount or value of that compensation.3The requirements in subsections (2) and (2A) are enforceable by the Authority under section 18.4The Authority shall, at least once in every year, arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or given to him under this section as it may appear to him expedient to give to customers or potential customers of sewerage undertakers or sewerage licensees.5In arranging for the publication of any such information the Authority shall have regard to the need for excluding, so far as practicable—aany matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual; andbany matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that body.<Addition ChangeId="d29p20715" CommentaryRef="c19881431">Publication of statistical information about complaints</Addition>95B1It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate relating to complaints made by consumers about any matter relating to the activities of sewerage undertakers or sewerage licensees and the handling of such complaints.2In subsection (1) above, “complaints” includes complaints made directly to sewerage undertakers or sewerage licensees (or anyone carrying on activities on their behalf) and complaints to the Authority, the Council, the Assembly or the Secretary of State. Procedure for regulations under section 95.96A1The Secretary of State may make regulations under section 95 above—aon an application by the Authority, in accordance with subsections (1) to (3) below; orbotherwise than on such an application, in accordance with subsections (4) to (8) below.1Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 95 above if—(b) the Secretary of State is satisfied that a copy of the application has been served by the Authority—on every sewerage undertaker specified in the application; . . . on persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;on the Council; andon such other persons or bodies as the Secretary of State may consider appropriate;csuch period as the Secretary of State considers appropriate has been allowed for the making—iby the Authority; andiiby any affected sewerage undertaker or person or body on whom a copy of the application has been served under paragraph (b) above,of representations or objections with respect to the Authority's proposals and any modifications proposed by the Secretary of State; anddthe Secretary of State has considered the summary mentioned in subsection (2)(bb) below, the Authority's reasons for its proposals and every representation or objection which has been duly made with respect to those proposals, or any proposed modifications of those proposals, and has not been withdrawn.1ABefore making an application to the Secretary of State under this section the Authority shall arrange for such research as it considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results.2An application made by the Authority to the Secretary of State complies with this subsection if it—asets out the Authority’s proposals for the making of regulations under section 95 above;bspecifies the sewerage undertaker or undertakers in relation to which it is proposed the regulations should applybb is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above;; andcsummarises the Authority's reasons for its proposals.3The Secretary of State shall not make any regulations on an application by the Authority under this section except where—athe only provisions of the regulations are those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals with such modifications as the Secretary of State considers appropriate; andbeach of the modifications (if any) of the Authority's proposals to which effect is given by the regulations is a modification the proposal to make which has been notified—ito the Authority; . . . iito any sewerage undertaker appearing to the Secretary of State to be likely to be affected by the modifications andiiito any person or body on whom a copy of the Authority’s application was served under subsection (1)(b) above.4Where no such application as is mentioned in subsection (1) above has been made, the Secretary of State may make regulations under section 95 above only if he considers—athat the regulations will contribute towards the attainment of policies relating to public health or the environment; orb(if he does not consider that they will so contribute) that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made.5Before making regulations under section 95 above by virtue of subsection (4) above, the Secretary of State shall—agive notice of his proposals;bconsider the results of the research carried out in accordance with subsection (7) below; andcconsider every representation or objection with respect to the proposals which has been duly made and not withdrawn.6A notice under subsection (5)(a) above must—asummarise the Secretary of State’s reasons for his proposals;bspecify the sewerage undertaker or undertakers in relation to which it is proposed the regulations should apply; andcspecify the period within which objections or representations with respect to the proposals may be made.7Before giving notice under subsection (5)(a) above the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.8A notice under subsection (5)(a) above shall be given by serving a copy on—athe Authority;bthe Council;cevery sewerage undertaker to which the regulations will apply;dpersons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; andesuch other persons or bodies as the Secretary of State may consider appropriate.<CommentaryRef Ref="M_C_19f7d93d-9ccc-4915-9aa4-0275eaddedbf"/><Addition ChangeId="key-609b278fd9fac27dbe35f9667ae2fa1e-1605552851103" CommentaryRef="key-609b278fd9fac27dbe35f9667ae2fa1e">Procedure for regulations under section 95ZA</Addition>96ZA1Section 96 applies for the purposes of making regulations under section 95ZA as it applies for the purposes of making regulations under section 95.2In the application of section 96 by virtue of subsection (1), a reference to a sewerage undertaker is to be treated as a reference to a sewerage licensee.<CommentaryRef Ref="c13218921"/><Addition ChangeId="d29p21056">Information to be given to customers about overall performance.</Addition>96A1Each sewerage undertaker shall, in such form and manner and with such frequency as the Authority may direct, take steps to inform its customers , 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, of—athe standards of overall performance established under section 95(1)(b) above which are applicable to that undertaker; andbthat undertaker’s level of performance as respects each of those standards.1AEach 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—athe standards of overall performance established under section 95ZA(1) which are applicable to that licensee;bthat licensee's level of performance as regards those standards.1BThe Authority may direct that the requirement in subsection (1A) is not to apply to such sewerage licensees as may be specified in the direction.2In giving a direction under subsection (1) or (1A), the Authority shall not specify a frequency of less than once in every period of twelve months.2AThe 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.2BIn subsection (1), the reference to the sewerage undertaker's sewerage system is to be construed in accordance with section 17BA(7).3The duty of a sewerage undertaker or sewerage licensee to comply with this section shall be enforceable by the Authority under section 18 above.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Nutrient pollution standards to apply to certain sewage disposal works</Addition>96B1A sewerage undertaker whose area is wholly or mainly in England must—ain the case of each nitrogen significant plant comprised in its sewerage system—isecure that, by the upgrade date, the plant will be able to meet the nitrogen nutrient pollution standard, andiion and after the upgrade date, secure that the plant meets that standard;bin the case of each phosphorus significant plant comprised in its sewerage system—isecure that, by the upgrade date, the plant will be able to meet the phosphorus nutrient pollution standard, andiion and after the upgrade date, secure that the plant meets that standard.2In carrying out the duty under subsection (1), a sewerage undertaker must consider whether nature-based solutions, technologies and facilities relating to sewerage and water could be used to meet the standard.3“Nitrogen significant plant” means a plant in England that—adischarges treated effluent into a nitrogen sensitive catchment area, andbis not an exempt plant in relation to the nitrogen nutrient pollution standard.4“Phosphorus significant plant” means a plant in England that—adischarges treated effluent into a phosphorus sensitive catchment area, andbis not an exempt plant in relation to the phosphorus nutrient pollution standard.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Sensitive catchment areas</Addition>96C1Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area.2Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising phosphorus or compounds of phosphorus, the Secretary of State may designate the catchment area for the habitats site as a phosphorus sensitive catchment area.3In determining—awhether a habitats site is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen, phosphorus or compounds of nitrogen or phosphorus,bthe catchment area for a habitats site, orcwhether to exercise the power in subsection (4)(e),the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee.4A designation under subsection (1) or (2)—amust be in writing,bmust be published as soon as practicable after being made,ctakes effect—ion the day specified in the designation, oriiif none is specified, on the day on which it is made,(the “designation date”),dif it takes effect after the end of the initial period, must specify the upgrade date (see section 96E(1)(b)), andemay specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration.5A date specified under subsection (4)(d) as the upgrade date must be at least 7 years after the designation date.6Before specifying a concentration under subsection (4)(e), the Secretary of State must consult the Environment Agency.7A concentration specified under subsection (4)(e) ceases to have effect if, after the day on which the designation is made, the plant becomes an exempt plant.8A designation under this section may not be revoked; and it is immaterial for the purposes of the continued designation of an area whether subsection (1) or (2) continues to be satisfied in relation to it.9In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Exempt sewage disposal works</Addition>96D1A plant is exempt in relation to a nutrient pollution standard if—ait has a capacity of less than a population equivalent of 2000 when the designation of the associated catchment area takes effect,bit has been designated by the Secretary of State as exempt in relation to the standard, orcit is exempt in relation to the standard under regulations under subsection (8).This is subject to subsection (2).2The Secretary of State may designate a plant as not being exempt in relation to a nutrient pollution standard, unless—athe plant has a capacity of less than a population equivalent of 250, andbthe designation takes effect after the designation of the associated catchment area takes effect.3A designation under subsection (1)(b) or (2)—amust be in writing,bmust be published as soon as practicable after being made, andctakes effect—ion the day specified in the designation, oriiif none is specified, on the day on which it is made.4A designation under subsection (2) that takes effect after the designation of the associated catchment area takes effect must specify the upgrade date (see section 96E(2)(a)).The upgrade date must be at least 7 years after the designation under subsection (2) takes effect.5A designation under subsection (2) may specify the concentration that applies to a plant in relation to a nutrient pollution standard instead of the standard concentration.6Before specifying a concentration under subsection (5), the Secretary of State must consult the Environment Agency.7A concentration specified under subsection (5) ceases to have effect if, after the day on which the designation is made, the plant again becomes an exempt plant.8The Secretary of State may by regulations specify plants or descriptions of plant that are to be exempt in relation to a nutrient pollution standard.9Subsections (10) and (11) apply where a plant that is exempt under regulations under subsection (8) can, by virtue of the regulations, cease to be exempt.10The regulations must specify or provide for determining the upgrade date (see section 96E(2)(b)) in relation to any plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a standard after the designation of the associated catchment area takes effect.The upgrade date must be at least 7 years after the plant ceases to be exempt in relation to the standard.11The regulations may provide for the Secretary of State to specify the concentration that applies to a plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a nutrient pollution standard instead of the standard concentration; and, if such provision is made, the regulations must—arequire that the Secretary of State consult the Environment Agency before specifying a concentration;bprovide for any specified concentration to cease to have effect if, after the day on which the plant ceases to be an exempt plant, the plant again becomes an exempt plant.12A designation under subsection (2) in relation to a plant and a nutrient pollution standard is of no effect if the plant ceases, by virtue of regulations under subsection (8), to be exempt in relation to the standard before, or at the same time as, the designation would otherwise take effect.13In this section “population equivalent” has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841).14References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Upgrade date</Addition>96E1The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies—a1 April 2030, if the designation of the associated catchment area takes effect during the initial period;bthe date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.2But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is—athe date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);bthe date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.3Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date.4“The initial period” means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.5References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Nutrient pollution standards</Addition>96F1A nitrogen significant plant meets the nitrogen nutrient pollution standard if—awhere the associated catchment area is not a catchment permitting area (see section 96G), the concentration of total nitrogen in treated effluent that the plant discharges is not more than—i10 mg/l, oriiwhere a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;bwhere the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).2A phosphorus significant plant meets the phosphorus nutrient pollution standard if—awhere the associated catchment area is not a catchment permitting area, the concentration of total phosphorus in treated effluent that the plant discharges is not more than—i0.25 mg/l, oriiwhere a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;bwhere the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).3“Treated effluent”, in relation to a plant, means any effluent discharged by the plant, other than anything discharged—afrom a storm overflow, orbby an emergency discharge.4For the purposes of subsection (3), in relation to a plant—a“storm overflow” means any structure or apparatus comprised in the plant which, when the capacity of relevant parts of the sewerage system is exceeded, relieves them by discharging the excess contents into inland waters, underground strata or the sea, where—“relevant parts of the sewerage system” means—storage tanks at the plant, andother parts of the sewerage system downstream of the plant;“the sewerage system” means the undertaker’s sewerage system of which the plant forms part;b“emergency discharge” means a discharge in circumstances where the plant’s normal treatment process has failed because of—ielectrical power failure, oriimechanical breakdown of duty and standby pumps.5Regulations made by the Secretary of State may specify how the concentration of total nitrogen or concentration of total phosphorus in treated effluent is to be determined.6Regulations under subsection (5) may, in particular—amake provision for requiring regular sampling of the treated effluent that a plant discharges to ascertain the concentration of total nitrogen or concentration of total phosphorus;bmake provision for regarding a nutrient pollution standard as being met by a plant if, for example—iit is met, with at least the frequency specified in the regulations, in samples taken in accordance with the regulations, oriithe average concentration, calculated in accordance with the regulations, of total nitrogen or of total phosphorus in samples taken in accordance with the regulations would meet the standard;cmake provision for determining generally, or in a particular case, whether anything is, or is not, to be regarded as treated effluent discharged by a plant;dmake provision in relation to section 96G, including—ithe determination of compliance with conditions in environmental permits imposed in pursuance of section 96G(3)(b);iiin connection with any kind of plant;econfer any function on the Secretary of State, the Authority, the Environment Agency, statutory undertakers or any other person;fmake different provision for different purposes or different areas (including different plants within an area).<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Nutrient pollution standards determined through environmental permitting</Addition>96G1The Secretary of State may designate a sensitive catchment area as a catchment permitting area.2In determining whether to make a designation under subsection (1) or to revoke such a designation under section 96H(3)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, the Environment Agency or Natural England.3Where the Secretary of State makes a designation under subsection (1), the Environment Agency must—areview the environmental permits for the plants that discharge treated effluent into the catchment permitting area that are—inutrient significant plants, andiisuch other plants that the Environment Agency considers appropriate (including such plants within an area that may be determined by the Environment Agency), andbimpose conditions on those permits relating to nutrients in treated effluent discharged by those plants—iunder Chapter 3 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, andiifor the relevant purpose.4The “relevant purpose” is ensuring that, on and after the applicable date, the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all the plants that discharge treated effluent into the catchment permitting area is less significant or the same as the overall effect on the site of nutrients in treated effluent that would be discharged by those plants if—athe standard concentration applied to nutrient significant plants, andbthe nutrient significant plants were (on that basis) meeting the nutrient pollution standard on and after the applicable date.5For that purpose, a condition imposed on an environmental permit in pursuance of subsection (3)(b) may, in particular—arequire, or have the effect of requiring, that the concentration of nutrients in treated effluent discharged by a plant is higher or lower than, or equal to, the standard concentration;brelate to any or all of the plants mentioned in subsection (3)(a), including the concentration of nutrients in treated effluent discharged by those plants.6In subsection (4)—athe “applicable date” means—iwhere the designation under section 96C(1) or (2) of the area that is the catchment permitting area takes effect during the initial period, 1 April 2030, oriiwhere that designation takes effect after the initial period, the date specified under section 96C(4)(d) in that designation;ba habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site.7The duty in subsection (3) applies in relation to the grant of an environmental permit for a plant that discharges (or will discharge) treated effluent into the catchment permitting area as if—aparagraph (a) were omitted, andbin paragraph (b)—ifor “those permits” there were substituted “the permit”;iifor “those plants” there were substituted “the plant”;iiifor “Chapter 3” there were substituted “Chapter 2”.8It is for the Environment Agency to determine the overall effect on a habitats site of nutrients in treated effluent.9Regulations made by the Secretary of State may specify how such determinations are to be made.10In this section “nutrients”, in relation to an area designated under—asection 96C(1), means nutrients in water comprising nitrogen or compounds of nitrogen;bsection 96C(2), means nutrients in water comprising phosphorus or compounds of phosphorus.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Section </Addition><InternalLink Ref="p18367"><Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">96G</Addition></InternalLink><Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">: procedure and revocations</Addition>96H1A designation under section 96G(1) or revocation of such a designation under subsection (3)(c)—amust be in writing,bmust be published as soon as practicable after being made, andctakes effect in accordance with subsection (3) or (4) (as appropriate).2A designation under section 96G(1) may be made at the same time, or at any time after the time, that the designation under section 96C(1) or (2) of the area as a sensitive catchment area is made.3A designation under section 96G(1)—aif made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation;bif made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it;cmay be revoked.4A revocation under subsection (3)(c)—atakes effect—ion the day specified in the revocation, oriiif none is specified, on the day on which it is made;bhas no effect in relation to the designation of the area under section 96C(1) or (2);cmay specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(3)).5In determining whether an upgrade date should be specified under subsection (4)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England or the Environment Agency.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Information about catchment areas and nutrient significant plants</Addition>96I1The Secretary of State must maintain and publish online a map showing—aall the nitrogen sensitive catchment areas, andball the phosphorus sensitive catchment areas.2As soon as practicable after making a designation under section 96C (sensitive catchment areas), the Secretary of State must publish the revised map online.3The Secretary of State must maintain and publish online a document listing—aall plants that are or have been—initrogen significant plants, oriiphosphorus significant plants;bin relation to each plant listed under paragraph (a)—ithe upgrade date that applies for the time being;iiif the plant becomes, or ceases to be, an exempt plant in relation to the related nutrient pollution standard, that fact and the date on which it occurred;iiiwhere the associated catchment area for a plant is not a catchment permitting area, the figure specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (total nitrogen concentration or total phosphorus concentration) that applies to the plant;ivwhere a direction relating to the plant and the related nutrient pollution standard is made or revoked under regulation 85C or 110B of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (disapplication of assumption that the plant will meet the standard on and after the upgrade date or applicable date), that fact and the date on which the direction or revocation takes effect;call catchment permitting areas.4Where any change occurs in the information required to be listed, the Secretary of State must, as soon as practicable, publish a revised document online.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Section </Addition><InternalLink Ref="p17855"><Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">96B</Addition></InternalLink><Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">: enforcement and interaction with other provisions</Addition>96J1The duty of a sewerage undertaker under section 96B is enforceable under section 18—aby the Secretary of State, orbwith the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Authority.2The Environment Agency must exercise its functions (whether under environmental permitting regulations or otherwise) so as to secure compliance by sewerage undertakers with the duty imposed by section 96B; those functions include, in particular, functions of determining—awhether to grant or vary any permit under environmental permitting regulations, orbany conditions to be included in any such permit.3The Environment Agency must exercise its functions under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) so as to secure compliance by sewerage undertakers with the duties imposed by those regulations to prevent and remediate environmental damage (within the meaning of those regulations) that is treated as occurring by regulation 9A of those regulations (nutrient significant sewage disposal works: environmental damage).4Nothing in section 96B or 96G or this section affects—aany other obligation of a sewerage undertaker relating to nutrient levels in treated effluent of a plant, or any remedy available in respect of contravention of any such obligation;bany power to impose an obligation relating to nutrient levels in treated effluent of a plant (including by means of a condition included in a permit under environmental permitting regulations); and, in particular, nothing in those sections or this section is to be taken to preclude any such power being exercised so as to require a lower concentration of total nitrogen or lower concentration of total phosphorus in treated effluent of a plant than section 96B requires.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Powers to amend sections 96D and 96F</Addition>96K1The Secretary of State may by regulations amend any plant capacity for the time being specified in section 96D(1)(a) or (2)(a).2Regulations under subsection (1) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made.3Subject to that, regulations under subsection (1)—amay, in particular, amend section 96D so that different plant capacities are specified in relation to the nitrogen nutrient pollution standard and the phosphorus nutrient pollution standard;bmay, where different plant capacities will apply for different purposes or different areas as a result of regulations under subsection (1), amend section 96D so as to specify those capacities and the purposes or areas for which they apply.4The Secretary of State may by regulations—aamend section 96F(1)(a)(i) so as to substitute a different concentration of total nitrogen;bamend section 96F(2)(a)(i) so as to substitute a different concentration of total phosphorus.5Regulations under subsection (4) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made.6Where, as a result of the regulations, different concentrations will apply for different purposes or different areas (including different plants within an area), the regulations may amend section 96F(1)(a)(i) or (2)(a)(i) to specify those concentrations and the purposes or areas for (or plants within an area to) which they apply.7A statutory instrument containing regulations under subsection (1) or (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.8If a draft of a statutory instrument containing regulations under subsection (1) or (4) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Sections 96B to 96K, 96M and 96N: interpretation</Addition>96L1This section applies for the purposes of sections 96B to 96K, 96M and 96N.2In those sections (and this section)—“associated catchment area”—in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges;in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges;“catchment permitting area” means a sensitive catchment area designated under section 96G(1) for the time being;“environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations;“environmental permitting regulations” means—the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), orany other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999;“exempt plant”, in relation to a nutrient pollution standard, has the meaning given by section 96D;“habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8);“the initial period” has the meaning given by section 96E(4);“nitrogen nutrient pollution standard”, in relation to references to a nitrogen significant plant meeting the standard, has the meaning given by section 96F(1);“nitrogen sensitive catchment area” means an area designated under section 96C(1);“nitrogen significant plant” has the meaning given by section 96B(3);“nutrient pollution standard” means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard;“nutrient significant plant” means—a nitrogen significant plant, ora phosphorus significant plant;“phosphorus nutrient pollution standard”, in relation to references to a phosphorus significant plant meeting the standard, has the meaning given by section 96F(2);“phosphorus sensitive catchment area” means an area designated under section 96C(2);“phosphorus significant plant” has the meaning given by section 96B(4);“plant” means a sewage disposal works;“related nutrient pollution standard”, in relation to a sensitive catchment area or a plant, means—if (or so far as) the area is a nitrogen sensitive catchment area or the plant is a nitrogen significant plant, the nitrogen nutrient pollution standard;if (or so far as) the area is a phosphorus sensitive catchment area or the plant is a phosphorus significant plant, the phosphorus nutrient pollution standard;“sensitive catchment area” means—a nitrogen sensitive catchment area, ora phosphorus sensitive catchment area;“standard concentration”, in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect;“treated effluent” has the meaning given by section 96F(3);“upgrade date”, in relation to a plant that discharges into a sensitive catchment area, has the meaning given by section 96E.3References to a plant discharging into a sensitive catchment area are to the plant discharging treated effluent into the area.4References to the sewerage system of a sewerage undertaker have the meaning given by section 17BA(7).<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">New and altered plants: modifications</Addition>96M1The Secretary of State may by regulations provide for sections 96B to 96L to apply with prescribed modifications in relation to any plant that, after the Levelling-up and Regeneration Act 2023 is passed—aoperates for the first time, orbis altered.This is subject to subsection (3).2Regulations under this section may in particular provide for sections 96C(5) and 96D(4) and (10) to apply as if they specified periods other than 7 years.3But regulations under this section may not modify section 96F(1) or (2) or section 96G(4) so as to apply a higher concentration of total nitrogen or higher concentration of total phosphorus than would otherwise apply.<Addition ChangeId="key-a8a5e2a2b4a25a09e682382b8ac7078b-1704819019280" CommentaryRef="key-a8a5e2a2b4a25a09e682382b8ac7078b">Setting and enforcing nutrient pollution standards</Addition>96N1The Secretary of State may by regulations make provision about the setting and enforcing of nutrient pollution standards.2The Secretary of State may only exercise the power under subsection (1) if the Secretary of State considers that the provisions about the setting and enforcing of nutrient pollution standards will be at least as effective as the provision already in force under sections 96B to 96M, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 810/2015) or this section as a result of the exercise of this power, including in relation to—aoverall environmental protection (within the meaning of section 45 of the Environment Act 2021),bnutrient pollution levels discharged by plants or across catchment areas,cenforcement, ordcosts.3The regulations may, in particular—aamend, repeal, revoke or otherwise modify—isections 96B to 96M,iithe Environmental Damage (Prevention and Remediation) (England) Regulations 2015, oriiiprovision made under this section;bprovide for a sewerage undertaker’s compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant;cinclude provision applying or corresponding to any provision in sections 96B to 96M (with or without modifications);dinclude provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site;emake different provision for different purposes or different areas. Performance of sewerage undertaker’s functions by local authorities etc. Performance of sewerage undertaker’s functions by local authorities etc.971A relevant authority may, in accordance with any arrangements which it has entered into for the purpose with any sewerage undertaker, carry out sewerage functions on that undertaker’s behalf in relation to such area comprising the whole or any part of that authority’s relevant area, together (where that authority are a local authority or an urban development corporation and the arrangements so provide) with parts of any adjacent relevant areas of other relevant authorities, as may be specified in the arrangements.2Arrangements entered into for the purposes of this section may contain any such provision as may be agreed between the relevant authority and the sewerage undertaker but shall not affect the availability to any person, other than the relevant authority, of any remedy against the undertaker in respect of the carrying out of the undertaker’s sewerage functions or of any failure to carry them out.3It is hereby declared that, if arrangements entered into for the purposes of this section so provide, a relevant authority shall be entitled to exercise on behalf of a sewerage undertaker any power which by or under any enactment is exercisable by the undertaker for the purposes of, or in connection with, the carrying out of the undertaker’s sewerage functions.4Where arrangements entered into for the purposes of this section provide for a local authority to carry out the sewerage functions of a sewerage undertaker on the undertaker’s behalf, section 101 of the Local Government Act 1972 (delegation of functions), so far as it relates to the carrying out of functions by a committee, sub-committee or officer of a local authority, shall have effect in relation to those sewerage functions only in so far as the arrangements do not otherwise provide.4AWhere arrangements entered into for the purposes of this section provide for a local authority which are operating executive arrangements to carry out the sewerage functions of a sewerage undertaker on that undertaker’s behalf—athose sewerage functions shall be treated as functions of the authority for the purposes of section 13 of the Local Government Act 2000; andbif or to the extent that those sewerage functions are the responsibility of the executive of that authority—isubsection (4) above shall not apply; andiisections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply in relation to those sewerage functions only in so far as the arrangements do not provide otherwise.5In this section—“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;“new town” has the same meaning as in the New Towns Act 1981;“relevant area”—in relation to a local authority, means the area of the authority and the whole of any new town or urban development area any part of which is situated within the area of the authority; in relation to the Mayoral development corporation for any Mayoral development area, means that area; in relation to the English new towns residuary body, means any new town in England;in relation to the Welsh new towns residuary body, means any new town in Wales;in relation to the development corporation for any new town, means that new town; and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to any urban development corporation for any urban development area, means that area;“relevant authority” means any of the following, that is to say—a local authority; the Mayoral development corporation for any Mayoral development area; the new towns residuary body, or a development corporation for a new town;the urban development corporation for any urban development area;“sewerage functions”, in relation to a sewerage undertaker, means any of the functions of the undertaker by virtue of its appointment under Chapter I of Part II of this Act as a sewerage undertaker, other than its functions relating to sewage disposal and its functions by virtue of Chapter III of this Part;“urban development area” means any area so designated under Part XVI of the Local Government, Planning and Land Act 1980.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . chapter II PROVISION OF SEWERAGE SERVICES Requisition of public sewer Duty to comply with sewer requisition.981It shall be the duty of a sewerage undertaker (in accordance with section 101 below) to provide a public sewer to be used for the drainage for domestic purposes of premises in a particular locality in its area if-athe undertaker is required to provide the sewer by a notice served on the undertaker by one or more of the persons who under subsection (2) below are entitled to require the provision of the sewer for that locality;bthe premises in that locality the drainage of which would be by means of that sewer are—ipremises on which there are buildings; oriipremises on which there will be buildings when proposals made by any person for the erection of any buildings are carried out;andcthe conditions specified in section 99 below are satisfied in relation to that requirement.1AIt shall be the duty of a sewerage undertaker (in accordance with section 101 below) to provide a lateral drain to communicate with a public sewer and to be used for the drainage for domestic purposes of premises in its area if—athe undertaker is required to provide the lateral drain by a notice served on the undertaker by one or more of the persons who under subsection (2A) below are entitled to require the provision of the lateral drain;bthe premises the drainage of which would be by means of that lateral drain are—ipremises on which there are buildings; oriipremises on which there will be buildings when proposals made by any person for the erection of any buildings are carried out; andcthe conditions specified in section 99 below are satisfied in relation to that requirement.2Each of the following persons shall be entitled to require the provision of a public sewer for any locality, that is to say—athe owner of any premises in that locality;bthe occupier of any premises in that locality;cany local authority within whose area the whole or any part of that locality is situated;cawhere the whole or any part of that locality is situated within a Mayoral development area, the Mayoral development corporation;dwhere the whole or any part of that locality is situated in a new town, within the meaning of the New Towns Act 1981—ithe new towns residuary body; andii. . . the development corporation for the new town . . .;andewhere the whole or any part of that locality is situated within an area designated as an urban development area under Part XVI of the Local Government, Planning and Land Act 1980, the urban development corporation.2AEach of the following persons shall be entitled to require the provision of a lateral drain, that is to say—athe owner of the premises the drainage of which would be by means of that lateral drain;bthe occupier of those premises;cany local authority within whose area those premises are situated;dwhere those premises are situated in a new town, within the meaning of the New Towns Act 1981—ithe new towns residuary body; andiithe development corporation for the new town; andewhere those premises are situated within an area designated as an urban development area under Part 16 of the Local Government, Planning and Land Act 1980, the urban development corporation.2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The duty of a sewerage undertaker under this section to provide a public sewer or, as the case may be, a lateral drain shall be owed to the person who requires the provision of the sewer or lateral drain or , as the case may be, to each of the persons who joins in doing so.4Where a duty is owed by virtue of subsection (3) above to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a sewerage undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.5In this section the reference to domestic purposes, in relation to the drainage of premises . . . to which a requirement under this section relates, is a reference—awhere there are buildings on those premises , to such domestic sewerage purposes as are specified in relation to those buildings in the requirement; andbwhere any person is proposing to erect buildings on those premises , to such domestic sewerage purposes as are so specified in relation to the buildings and to times after the erection of the buildings. Financial conditions of compliance.991The conditions mentioned in section 98(1)(c) or 98(1A)(c) above are satisfied in relation to a requirement for the provision of a public sewer or (as the case may be) lateral drain by a sewerage undertaker if—asuch undertakings as the undertaker may have reasonably required in accordance with subsection (2) or, as the case may be, subsection (2A) below have been given by the person or persons who have required the provision of the sewer or (as the case may be) lateral drain ; andb such security as charging rules allow and the undertaker may have required has been provided for the discharge of any obligations imposed by those undertakings on any person who, under subsection (3) below, may be required to secure his undertakings.2The undertakings which a sewerage undertaker may require for the purposes of subsection (1) above in respect of any public sewer are undertakings which—abind the person or persons mentioned in that subsection to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules, andbin the case of undertakings binding two or more persons, bind them either jointly and severally or with liability to pay apportioned in such manner as they may agree.2AThe undertakings which a sewerage undertaker may require for the purposes of subsection (1) above in respect of any lateral drain are undertakings which—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin the case of undertakings binding two or more persons, bind them either jointly and severally or with liability apportioned in such manner as they may agree.3For the purposes of subsection (1)(b) above a person may be required to secure his undertakings in relation to the provision of a public sewer or, as the case may be, a lateral drain if—ait was by virtue of section 98(2)(a) or (b) or (as the case may be) section 98(2A)(a) or (b) above that he required, or joined in requiring, the provision of the sewer or drain; andbhe is not a public authority.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Any dispute between a sewerage undertaker and any other person as to—athe undertakings or security required by the undertaker for the purposes of this section; orbthe amount or amounts by way of charges required to be paid in pursuance of any such undertaking,may be referred to the Authority for determination under section 30A above by either party to the dispute.7In this section “relevant deficit” and “discounted aggregate deficit” have the meanings given by sections 100 and 100A below, respectively. Calculation of “relevant deficit” for the purposes of section 99.1001For the purposes of section 99 above the relevant deficit for any year on a public sewer is the amount (if any) by which the drainage charges payable for the use during that year of that sewer are exceeded by the annual borrowing costs of a loan of the amount required for the provision of that sewer.2The annual borrowing costs of a loan of the amount required for the provision of a public sewer is the aggregate amount which would fall to be paid in any year by way of payments of interest and repayments of capital if an amount equal to so much of the costs reasonably incurred in providing that sewer as were not incurred in the provision of additional capacity had been borrowed, by the sewerage undertaker providing the sewer, on terms—arequiring interest to be paid and capital to be repaid in twelve equal annual instalments; andbproviding for the amount of the interest to be calculated at such rate, and in accordance with such other provision, as may have been determined for the purposes of this subsection.3A determination for the purposes of subsection (2) above shall be made either—aby the undertaker with the approval of the Authority; orbin default of such a determination, by the Authority.4For the purposes of this section the costs reasonably incurred in providing a public sewer (“the new sewer”) shall include—athe costs reasonably incurred in providing such other public sewers and such pumping stations as it is necessary to provide in consequence of the provision of the new sewer; andbsuch proportion (if any) as is reasonable of the costs reasonably incurred in providing any such additional capacity in an earlier public sewer as falls to be used in consequence of the provision of the new sewer.5In subsection (4) above the reference to an earlier public sewer, in relation to the new sewer, is a reference to any public sewer which—ahas been provided in the period of twelve years immediately before the provision of the new sewer; andbwas so provided in pursuance of a public sewer requisition.6Any reference in this section to the provision of additional capacity in a public sewer provided in pursuance of a requirement under any enactment is a reference to such works carried out or other things done in connection with the provision of that sewer as are carried out or done for the purpose of enabling that sewer to be used for purposes in addition to those for which it is necessary to provide the sewer in order to comply with the requirement.7Any reference in this section to the drainage charges payable for the use during any year of any sewer provided by a sewerage undertaker is a reference to so much of the aggregate of any charges payable to the sewerage undertaker in respect of services provided in the course of that year as represents charges which—ahave been imposed by the undertaker in relation to such of the premises connected with that sewer as are premises where there are buildings; andbare reasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purpose from those premises.8An approval or determination given or made by the Authority for the purposes of subsection (2) above—amay be given or made in relation to the provision of a particular public sewer, in relation to the provision of sewers of a particular description or in relation to the provision of public sewers generally; andbmay be revoked at any time except in relation to a public sewer in respect of which the conditions referred to in section 99(1) above have already been satisfied.9In this section “public sewer requisition” means—aa requirement under section 98 above (including, by virtue of paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991, a requirement under section 71 of the Water Act 1989);ba requirement under the provisions of section 16 of the Water Act 1973 (sewer requisitions); orca requirement under any local statutory provision corresponding to section 98 above or to any of the provisions of that section 16.<Addition ChangeId="d29p21889" CommentaryRef="c19813281">Calculation of “</Addition><Term id="term-discounted-aggregate-deficit"><Addition ChangeId="d29p21889" CommentaryRef="c19813281">discounted aggregate deficit</Addition></Term><Addition ChangeId="d29p21889" CommentaryRef="c19813281">” for the purposes of section 99</Addition>100A1For the purposes of section 99 above the discounted aggregate deficit on a public sewer is the amount equal to the sum of the estimated relevant deficits for each of the twelve years following the provision of the sewer, in each case discounted in accordance with subsection (6) below.2The estimated relevant deficit for any year is the amount (if any) by which the estimated drainage charges payable for the use during that year of that sewer would be exceeded by the annual borrowing costs of a loan of the amount required for the provision of that sewer.3Subsections (2) to (6), (8) and (9) of section 100 above (which relate to the annual borrowing costs of a loan of the amount required for the provision of a public sewer) shall apply for the purposes of this section as they apply for the purposes of that section.4Any reference in this section to the estimated drainage charges payable for the use during any year of any sewer is a reference to so much of the aggregate of any charges expected to be payable to the sewerage undertaker for the provision of services in the course of that year as would represent charges—aimposed by the undertaker in relation to such of the premises with which the sewer is expected to be connected as are premises where there are buildings; andbreasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purposes from those premises.5For the purposes of subsection (4) above, a thing is expected to be the case if, at the time the relevant calculation is made, it is reasonably likely to occur.6The estimated relevant deficit for a year mentioned in subsection (1) above shall be discounted in order to determine its net present value by applying such factor, and in accordance with such other provision, as may be determined by the Authority.7A determination made by the Authority for the purposes of subsection (6) above—amay be made in relation to the provision of a particular public sewer or in relation to the provision of public sewers generally; andbmay be revoked at any time except in relation to a public sewer in respect of which the conditions referred to in section 99(1) above have already been satisfied. Determination of completion date and route for requisitioned sewer or lateral drain.1011A sewerage undertaker shall not be in breach of a duty imposed by section 98 above in relation to any locality or (in the case of a lateral drain) in relation to any premises unless—athe period of six months beginning with the relevant day has expired; andbthe sewerage undertaker has not, before the end of that period, so laid (as the case may be)—ithe public sewer to be provided as to enable drains and private sewers to be used for the drainage of premises in the locality to communicate with the public sewer; oriithe lateral drain to be provided as to enable the drain to be used for the drainage of premises to communicate with a public sewer vested in that undertaker,at the place or places determined under subsection (3) below.2The period mentioned in subsection (1)(a) above may be extended—aby agreement between the undertaker and the person or persons who required the provision of the public sewer or, as the case may be, lateral drain; orbwhere there is a dispute as to whether the period should be extended, by the Authority on a reference under subsection (4) below.3The places mentioned in subsection (1)(b) above shall be—asuch place or places as are determined by agreement between the sewerage undertaker and the person or persons who required the provision of the public sewer or, as the case may be, lateral drain; orbin default of agreement, such place or places as are determined by the Authority on a reference under subsection (4) below to be the place or places at which it is reasonable, in all the circumstances—iin relation to the provision of a public sewer, for drains or private sewers to be used for the drainage of premises in the locality in question to communicate with the public sewer; oriiin relation to the provision of a lateral drain—afor the lateral drain to communicate with a public sewer vested in the undertaker; andbfor the remainder of the drain of which the lateral drain forms part to connect with the lateral drain.4A reference for the purposes of subsection (2) or (3) above may be made to the Authority for determination under section 30A above by either party to the dispute.5In this section “relevant day”, in relation to a requirement to provide a public sewer for any locality or, as the case may be, a lateral drain, means the day after whichever is the later of the following—athe day on which the conditions specified in section 99 above are satisfied in relation to the requirement; andbthe day on which the place or places where (as the case may be)—idrains or private sewers to be used for the drainage of premises in that locality will communicate with the public sewer; oriithe lateral drain will communicate with a public sewer and the remainder of the drain will connect with the lateral drain,are determined under subsection (3) above.<CommentaryRef Ref="c13219331"/><Addition ChangeId="d29p22115">Provision of public sewers otherwise than by requisition</Addition><Addition ChangeId="d29p22115"> Further duty to provide sewers.</Addition>101A1Without prejudice to section 98 above, it shall be the duty of a sewerage undertaker to provide a public sewer to be used for the drainage for domestic sewerage purposes of premises in a particular locality in its area if the conditions specified in subsection (2) below are satisfied.2The conditions mentioned in subsection (1) above are—athat the premises in question, or any of those premises, are premises on which there are buildings . . . ;bthat the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; andcthat the drainage of any of the premises in question . . . is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question.3Without prejudice to the generality of subsection (2)(c) above, regard shall be had to the following considerations, so far as relevant, in determining whether it is appropriate for any sewer to be provided by virtue of this section—athe geology of the locality in question or of any other locality;bthe number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer;cthe costs of providing that sewer;dthe nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; andethe extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects.4Guidance issued by the Secretary of State under this section may—arelate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above;brelate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter;cset out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section;drelate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above;ewithout prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section.5... the Secretary of State shall arrange for any guidance issued by him under this section to be published in such manner as he considers appropriate.6Subject to the following provisions of this section, the duty of a sewerage undertaker by virtue of subsection (1) above shall be enforceable under section 18 above—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.7 Subsections (7A) and (7B) apply where there is a dispute between a sewerage undertaker and an owner or occupier of any premises in its area as to—awhether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection;bthe domestic sewerage purposes for which any such sewer should be provided; orcthe time by which any such duty of the undertaker should be performed,...7AThe dispute is to be determined by the appropriate person and may be referred to the appropriate person for determination by either of the parties to the dispute.7BIf the dispute is between a sewerage undertaker and an owner or occupier of premises in Wales, the NRBW must provide advice in relation to any of the matters mentioned in subsection (7)(a) to (c) if so requested by—aeither of the parties to the dispute, orbthe appropriate person.7CAny advice provided by the NRBW under subsection (7B) must be provided to both parties to the dispute and to the appropriate person.8The appropriate person —ashall notify the parties of the reasons for its decision on any dispute referred to it under subsection (7A) above; andbmay make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate.9The decision of the appropriate person on any dispute referred to it under subsection (7A) above shall be final.10A sewerage undertaker shall only be taken to be in breach of its duty under subsection (1) above where, and to the extent that, it has accepted, or the appropriate person has determined under this section, that it is under such a duty and where any time accepted by it, or determined by the appropriate person under this section, as the time by which the duty is to that extent to be performed has passed.11In this section “the appropriate person ” means—athe Environment Agency, in relation to disputes between sewerage undertakers and owners or occupiers of premises in England;b the Welsh Ministers , in relation to disputes between sewerage undertakers and owners or occupiers of premises in Wales, or such person as the Welsh Ministers may from time to time appoint as the appropriate person in relation to such disputes. 12A person may be appointed as the appropriate person under subsection (11)(b) only if the person is independent of the NRBW.13A person is independent of the NRBW for the purposes of subsection (12) if the person is—aan individual who is not a member of the NRBW or the NRBW's staff, orba body none of whose members is a member of the NRBW or the NRBW's staff.<Addition ChangeId="d29p22335" CommentaryRef="c19834211">Power to construct lateral drains following provision of public sewer</Addition>101B1Where a sewerage undertaker provides a public sewer pursuant to a duty to do so imposed on it by section 98 or section 101A above, the undertaker may, at the request of the person mentioned in subsection (2) below, also provide at the same time one or more lateral drains to be used for the drainage for domestic purposes of premises in its area and to communicate with that sewer.2A request under subsection (1) above may be made—ain the case of a public sewer to be provided under section 98 above, by the person who requires the provision of the sewer under that section; andbin the case of a public sewer to be provided under section 101A above, by the owner or occupier of any premises in respect of which the duty to provide the sewer arises under that section (but any request may only be for the provision of a lateral drain to his premises).3The person making a request under this section shall pay to the sewerage undertaker, following provision of the lateral drain, such charges as the undertaker may impose in accordance with charging rules.3AThe sewerage undertaker may require the person making a request under this section to provide such security for the payment of the charges as charging rules allow.4Any dispute between the sewerage undertaker and the person making a request under this section as to—awhether a lateral drain should be provided pursuant to the request; ...bthe amount of any charge imposed,orcthe security required to be provided,may be referred to the Authority for determination under section 30A above by either party to the dispute.5Any lateral drain provided pursuant to a request made to a sewerage undertaker under this section shall belong to the undertaker. Adoption etc. of sewers and disposal works Adoption of sewers and disposal works.1021Subject to the following provisions of this section and to sections 103, 105 and 146(3) below, a sewerage undertaker may at any time declare that—aany sewer which is situated within its area or which serves the whole or any part of that area;. . . aaany lateral drain which communicates or is to communicate with a public sewer which—iis so situated or serves the whole or any part of that area; andiiis vested in that undertaker; orbany sewage disposal works which are so situated or which serve the whole or any part of that area,shall, as from such date as may be specified in the declaration, become vested in the undertaker.2The owner, or any of the owners, of any sewer , lateral drain or sewage disposal works with respect to which a sewerage undertaker might make a declaration under this section may make an application to that undertaker requesting it to make a declaration under this section with respect to the sewer , lateral drain or works.3A declaration or application under this section may be made with respect to a part only of a sewer.4A sewerage undertaker which proposes to make a declaration under this section—zashall 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;ashall give notice of its proposal to the owner or owners of the sewer , lateral drain or works in question; andbshall take no further action in the matter until two months have elapsed without an appeal against the proposal being lodged under section 105 below or, as the case may be, until any appeal so lodged has been determined.5A sewerage undertaker, in deciding whether a declaration should be made under this section, shall have regard to all the circumstances of the case and, in particular, to the following considerations, that is to say—awhether the sewer or works in question is or are adapted to, or required for, any general system of sewerage or sewage disposal which the undertaker has provided, or proposes to provide, for the whole or any part of its area;bwhether the sewer or lateral drain is constructed under a highway or under land reserved by a planning scheme for a street;cthe number of buildings which the sewer or lateral drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;dthe method of construction and state of repair of the sewer , lateral drain or works; andein a case where an owner objects, whether the making of the proposed declaration would be seriously detrimental to him.6Any person who immediately before the making of a declaration under this section was entitled to use the sewer or lateral drain in question shall be entitled to use it, or any sewer or lateral drain substituted for it, to the same extent as if the declaration had not been made.7No declaration may be made under this section in respect of any sewer or works the construction of which was completed before 1st October 1937. Adoption of cross-border sewers etc.1031Where a sewerage undertaker is about to take into consideration the question of making a declaration under section 102 above with respect to—aany sewer which is situated within the area of another sewerage undertaker or which, though situated within its own area, serves the whole or any part of the area of another sewerage undertaker; . . . aaany lateral drain which is situated within the area of another sewerage undertaker or which, though situated within its own area, communicates or is to communicate with a public sewer which is situated within or serves the whole or any part of the area of another sewerage undertaker; orbany sewage disposal works which are situated within the area of another sewerage undertaker or which, though situated within its own area, serve the whole or any part of the area of another sewerage undertaker,it shall give notice to the other undertaker.2Where a sewerage undertaker is required to give notice under subsection (1) above to another undertaker, no declaration under section 102 above shall be made by the former undertaker until either—athe other undertaker has consented to the declaration; orbthe Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.3Where—aa sewer (or part of a sewer) or a lateral drain is vested, or any sewage disposal works are vested, in a relevant body; andbin the case of a sewer, part of a sewer, lateral drain or works vested in railway undertakers or dock undertakers, the sewer, part or lateral drain in question is, or the works are, situated in or on land belonging to those undertakers and held or used by them for the purposes of their undertaking,a sewerage undertaker shall not make a declaration under section 102 above with respect to (as the case may be) the sewer, or part of it, or the lateral drain or the works, except on the application of the relevant body concerned.4Where a sewerage undertaker makes a declaration under section 102 above with respect to—aa sewer or lateral drain which is situated within the area of another sewerage undertaker; orbany sewage disposal works which are so situated,it shall forthwith give notice of the fact to that other undertaker.5In this section “relevant body” means any sewerage undertaker, any local authority or county council or any railway undertakers or dock undertakers. Agreements to adopt sewer, drain or sewage disposal works, at future date1041Subject to subsection (7) and section 146(3) below, a sewerage undertaker may agree with—aany person constructing or proposing to construct—iany sewer;iiany drain which is intended to communicate with a public sewer vested in that undertaker; oriiiany sewage disposal works; orbany person at whose expense the undertaker is, by virtue of an agreement under section 160 below, to carry out work in connection with the construction of such a drain or sewer,that, if the sewer, drain or sewage disposal works is or are constructed in accordance with the terms of the agreement, the undertaker will, upon completion of the work, at some specified date or on the happening of some future event, declare the sewer or such part of the drain as constitutes the lateral drain or the works (as the case may be) to be vested in that undertaker.2A person mentioned in paragraph (a) or (b) of subsection (1) above may request a sewerage undertaker to make an agreement under this section. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Any agreement made under this section by a sewerage undertaker shall be enforceable against the undertaker by the owner or occupier for the time being of any premises served by the sewer , lateral drain or works to which it relates.5AThe reference in subsection (5) to an agreement made under this section includes a reference to—aan order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), andbany agreement which has been varied by order under section 105ZB(1).6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7A sewerage undertaker shall not make an agreement under this section with respect to—aa sewer, drain or sewage disposal works situated within the area of another sewerage undertaker; orba drain which is intended to communicate with a sewer which—iis so situated; oriiis vested in another sewerage undertaker,until one of the conditions mentioned in subsection (8) below is satisfied.8The conditions are—athat other undertaker has consented to the making of the agreement; orbthe Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.9Undertakers shall have regard to any guidance about agreements under this section issued by—athe Secretary of State, in relation to undertakers whose areas are wholly or mainly in England, orbthe Welsh Ministers, in relation to undertakers whose areas are wholly or mainly in Wales. Appeals with respect to adoption.1051An owner of any sewer , lateral drain or sewage disposal works may appeal to the Authority if—ahe is aggrieved by the proposal of a sewerage undertaker to make a declaration under section 102 above; orbhe is aggrieved by the refusal of a sewerage undertaker to make such a declaration.2A person who has entered or wants to enter an agreement under section 104 may appeal to the Authority about any matter concerning the agreement (including whether it is concluded, its terms and its operation).3The time for the making of an appeal under subsection (1) above by the owner of any sewer , lateral drain or sewage disposal works shall be-ain the case of an appeal by virtue of paragraph (a) of that subsection, any time within two months after notice of the proposal is served on that owner; andbin the case of an appeal by virtue of paragraph (b) of that subsection, any time after receipt of notice of the undertaker’s refusal or, if no such notice is given, at any time after the end of two months from the making of the application for the declaration.4On the hearing of an appeal under this section, the Authority may—ain the case of an appeal under subsection (1) above, allow or disallow the proposal of the sewerage undertaker or, as the case may be, make any declaration which the sewerage undertaker might have made; orbin the case of an appeal under subsection (2) above—iuphold the refusal of the undertaker to grant the application or to modify the terms offered; oriion behalf of the undertaker, refuse the application or enter into any agreement into which the undertaker might have entered on the application;and any declaration made under paragraph (a) above shall have the same effect as if it had been made by the undertaker in question.5Where the Authority makes a declaration under subsection (4)(a) above, it may, if it thinks fit—aspecify conditions, including conditions as to the payment of compensation by the sewerage undertaker; andbdirect that its declaration shall not take effect unless any conditions so specified are accepted.6Where the Authority makes an agreement under subsection (4)(b) above on behalf of a sewerage undertaker, it may do so on such terms as he considers reasonable or, as the case may be, on the terms offered by the undertaker subject to such modifications as it considers appropriate for ensuring that the terms of the agreement are reasonable.7The Authority, in deciding, on an appeal under this section, whether any declaration or agreement should be made, shall have regard to all the circumstances of the case and, in particular, to the considerations specified in section 102(5) above; and for the purposes of this subsection, in its application in relation to an appeal under subsection (2) above, paragraphs (a) to (e) of section 102(5) above shall have effect with the necessary modifications.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Adoption at a future date: orders by Authority</Addition>105ZA1This section applies where a person mentioned in section 104(1)(a) or (b) makes a request to a sewerage undertaker under section 104(2).2The person or the sewerage undertaker may apply to the Authority for an order under subsection (4) if the person and the sewerage undertaker have not made such agreement as was requested by the person.3The Authority may, on the application of the person or the sewerage undertaker, make an order under subsection (4) if the Authority is satisfied that—awhere the person is such person as is mentioned in section 104(1)(a), it is appropriate for work proposed to be done by a person other than the sewerage undertaker to be so done, andbthe person and the sewerage undertaker cannot reach agreement within a reasonable time.4The Authority may by order—arequire the sewerage undertaker to give such undertakings as to the vesting of the sewer, such part of the drain as constitutes the lateral drain or the works in the undertaker as the Authority may specify, andbimpose such terms and conditions as regards taking the benefit of the undertakings as the Authority may specify.5An order under subsection (4) has effect as an agreement under section 104 between the person and the sewerage undertaker.6The Authority may not make an order under subsection (4) with respect to—aa sewer, drain or sewage disposal works situated in the area of another undertaker, orba drain which is intended to communicate with a sewer which—iis so situated, oriiis vested in another sewerage undertaker,until one of the conditions mentioned in subsection (7) is satisfied.7The conditions are that—athe other sewerage undertaker has consented in writing to the making of the order, orbthe Minister, on an application made to the Minister, has disapplied paragraph (a), either unconditionally or subject to such conditions as the Minister thinks fit.8“The Minister” means—athe Secretary of State, as regards the consent of a sewerage undertaker whose area is wholly or mainly in England;bthe Welsh Ministers, as regards the consent of a sewerage undertaker whose area is wholly or mainly in Wales.9Neither the CMA nor the Authority may exercise, in respect of an agreement for the vesting of a sewer, drain or sewage disposal works in a sewerage undertaker at a future date or on a future event, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).10Subsection (9)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement for the vesting of a sewer, drain or sewage disposal works in a sewerage undertaker at a future date or on a future event, andbin 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.11In exercising its functions under this section, the Authority must have regard to the desirability of—afacilitating effective competition within the sewerage services industry;bthe recovery by the sewerage undertaker of the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe ability of the sewerage undertaker to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the sewerage undertaker to meet its existing obligations, or likely future obligations, to provide sewerage services.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Variation and termination of section 104 agreements</Addition>105ZB1On the application of a party to a section 104 agreement to vary (or terminate) the agreement, the Authority may—aif it appears to the Authority that it is necessary or expedient that the section 104 agreement should be varied (or terminated),bif the Authority is satisfied, in the case of an application to vary the agreement involving such person as is mentioned in section 104(1)(a), that it is appropriate for work proposed to be done by a person other than the sewerage undertaker to be so done, andcif the Authority is satisfied that variation (or termination) cannot be achieved by agreement within a reasonable time,by order vary (or terminate) the section 104 agreement.2If an order under subsection (1) is made in relation to a section 104 agreement, the agreement—ahas effect subject to the provision made by the order, orbceases to have effect, as the case may be.3An order under subsection (1) may require any party to the agreement to pay compensation to any other party.4Neither the CMA nor the Authority may exercise, in respect of an agreement to vary or terminate a section 104 agreement, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).5Subsection (4)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement to vary or terminate a section 104 agreement, andbin 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.6In exercising its functions under this section, the Authority must have regard to the expenses incurred by the sewerage undertaker in complying with its obligations under the section 104 agreement in question and to the desirability of—afacilitating effective competition within the sewerage services industry;bthe recovery by the sewerage undertaker of the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe ability of the sewerage undertaker to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the sewerage undertaker to meet its existing obligations, or likely future obligations, to provide sewerage services.7In this section and sections 105ZC to 105ZI “section 104 agreement” means an agreement with a sewerage undertaker for the vesting of a sewer, drain or sewage disposal works in a sewerage undertaker at a future date or on a future event and includes—aan order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), andbany agreement which has been varied by order under subsection (1).<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Codes in respect of section 104 agreements</Addition>105ZC1The Authority must issue a code in respect of section 104 agreements.2The code may make provision about—aprocedures in connection with making an agreement under section 104;bprocedures in connection with varying or terminating a section 104 agreement;cprocedures to be followed by the Authority in determining whether to make an order under section 105ZA(4) or 105ZB(1);dthe circumstances in which it is, or is not, appropriate for work to be done by a person other than a sewerage undertaker;ethe terms and conditions of a section 104 agreement;fprinciples for determining the terms and conditions that should or should not be incorporated into a section 104 agreement;gthe steps to be taken by the Authority in determining whether a person is complying with the code.3Provision under subsection (2)(d) may include in particular provision about circumstances relating to—athe nature of the work;bthe kind of premises supplied or to be supplied.4Provision under subsection (2)(e) may include in particular provision about terms and conditions as regards—aconstructing associated infrastructure;bvesting associated infrastructure in a sewerage undertaker;cmaking a communication with public sewers.5If the Authority considers that a sewerage undertaker is not acting as required by the code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.6The Authority may not give a direction under subsection (5) requiring a person to enter into, vary or terminate an agreement.7It is the duty of a sewerage undertaker to comply with a direction under subsection (5), and this duty is enforceable by the Authority under section 18.8The code may make different provision for different persons or descriptions of person.9The Authority must from time to time review the code and, if appropriate, issue a revised code.10A revised code may include provision for applying any of its revisions to section 104 agreements made before the revised code comes into force.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Codes under section 105ZC: procedure</Addition>105ZD1Before issuing a code under section 105ZC, the Authority must—aprepare a draft of the proposed code under section 105ZC, andbconsult such persons about the proposed code as it considers appropriate.2The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.3Before a code under section 105ZC prepared by the Authority is issued, the Minister may direct the Authority—anot to issue the code, orbto issue the code with specified modifications.4Subsection (3) is subject to subsections (6) and (7).5In this section “the Minister” means—athe Secretary of State, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.6The power under subsection (3) may not be exercised more than once by the Secretary of State or the Welsh Ministers.7If the power under subsection (3) 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.8A direction under subsection (3) 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.9This section is subject to section 105ZE.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Codes under section 105ZC: minor or urgent revisions</Addition>105ZE1This section applies if the Authority proposes to issue a revised code under section 105ZC and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 105ZD does not apply to the proposed revised code.3Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—athe issuing of the revised code, andbas regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.5Unless 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.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Rules about charges in connection with a section 104 agreement</Addition>105ZF1The Authority may issue rules about charges that may be imposed by a sewerage undertaker under a section 104 agreement.2The rules may in particular make provision about—awhat types of charge may be imposed;bthe amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;cprinciples for determining what types of charge may or may not be imposed;dprinciples for determining the amount of any charge that may be imposed;epublication of the charges that may be imposed.3The rules may require a sewerage undertaker, upon declaring a sewer, drain or sewage disposal works to be vested in the undertaker in accordance with a section 104 agreement, to pay to the other party to the agreement an amount (which may be nil) determined in accordance with the rules.4Rules made by virtue of subsection (3) may, in particular, provide for the determination to take into account—arevenue that might be derived from the sewer, drain or sewage disposal works in question;bcosts that might have been incurred in providing such a sewer, drain or sewage disposal works.5The rules may also make provision as to—athe amount of security that may be required by a sewerage undertaker for the purposes of any charges imposed by the sewerage undertaker under a section 104 agreement;bthe type of security that may be required;cthe payment of interest on a sum deposited with a sewerage undertaker by way of security.6If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.7It is the duty of a sewerage undertaker to comply with a direction under subsection (6), and this duty is enforceable by the Authority under section 18.8The rules may make different provision for different sewerage undertakers or descriptions of undertaker.9The Authority may from time to time revise rules issued under this section and issue revised rules.10The Authority must issue revised rules if—aguidance is issued under section 105ZI, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.11Revised rules may include provision for applying any of their revisions to section 104 agreements made before the revised rules come into effect.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Rules under section 105ZF: procedure</Addition>105ZG1Before issuing rules under section 105ZF, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.2The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;dany sewerage undertakers or other persons likely to be affected by the rules;esuch other persons as the Authority thinks appropriate.3The Authority must specify the period (“the consultation period”) within which the relevant persons may make representations about the proposed rules.4The Authority must have regard to guidance issued under section 105ZI in making rules under section 105ZF.5Before rules under section 105ZF prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.6In subsection (5) “the Minister” means—athe Secretary of State, so far as the rules relate to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the rules relate to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.7A 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.8This section is subject to section 105ZH.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Rules under section 105ZF: minor or urgent revisions</Addition>105ZH1This section applies if the Authority proposes to issue revised rules under section 105ZF and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 105ZG does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 105ZG.<Addition ChangeId="key-e46bef2e29e12852d08a23296c51c244-1605643083264" CommentaryRef="key-e46bef2e29e12852d08a23296c51c244">Rules under section 105ZF: guidance</Addition>105ZI1The Minister may issue guidance as to the content of rules under section 105ZF.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe Secretary of State, so far as the guidance is as to the content of rules relating to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the guidance is as to the content of rules relating to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.<Addition ChangeId="d29p23026" CommentaryRef="c19838841"> Schemes for the adoption of sewers, lateral drains and sewage disposal works</Addition>105A1The Secretary of State may by regulations provide for him to make schemes for the adoption by sewerage undertakers of sewers, lateral drains and sewage disposal works of the descriptions set out in paragraphs (a), (aa) and (b) of section 102(1) above.2The regulations may require sewerage undertakers to prepare draft schemes and to submit them to the Secretary of State.3Each scheme shall relate to—athe area of a sewerage undertaker, or part or parts of it; orbthe areas of more than one sewerage undertaker, or part or parts of them.4It shall be the duty of a sewerage undertaker, in specified circumstances, to exercise its powers under section 102 above with a view to making the declaration referred to in subsection (1) of that section in relation to sewers, lateral drains or sewage disposal works which—afall within the area to which a scheme relates; andbsatisfy specified criteria.5The circumstances and the criteria shall each be—aspecified in the regulations; orbdetermined in accordance with the regulations and specified in the scheme.6In relation to the exercise of those powers pursuant to that duty—asection 102 above shall have effect—iwith the omission of subsections (2), (5) and (7);iias if in subsection (1) the words “sections 103, 105 and 146(3) below” read “section 105B below”;iiiwith the omission of the words “or application” in subsection (3);ivas if for subsection (4)(a) there were substituted—ashall give notice of its proposal to the owner or owners of the sewer, lateral drain or works in question unless, after diligent enquiry, he or they cannot be traced;aashall publish notice of its proposal in the prescribed manner; and;vas if in subsection (4)(b) “two months” read “two months or, if longer, the period specified by virtue of section 105B(5) below” and “section 105 below” read “section 105B(4) or (5) below, or”; andvias if section 96(3) of the Water Act 2003 did not apply;bsections 103 and 105 above shall not apply; andcif the regulations so provide, section 146(3) below shall not apply in circumstances or cases specified in the regulations.7A duty imposed on a sewerage undertaker under subsection (4) above shall be enforceable by the Secretary of State under section 18 above.8A statutory instrument containing regulations under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.<Addition ChangeId="d29p23190" CommentaryRef="c19838871">Adoption schemes: appeals</Addition>105B1Any person falling within subsection (2) below may appeal to the Authority if he is aggrieved by—athe proposal of a sewerage undertaker to make a declaration under section 102 above in relation to a sewer, lateral drain or sewage disposal works, pursuant to the undertaker’s duty to do so under section 105A(4) above (the “relevant duty”); orbthe failure of a sewerage undertaker to make such a proposal pursuant to that duty.2The persons referred to are—aan owner of a sewer, lateral drain or sewage disposal works;bany other person affected by the proposal, or the failure, in question.3The grounds upon which a person may appeal are—ain a subsection (1)(a) case, that the relevant duty is not owed in relation to the sewer, lateral drain or sewage disposal works, or that the making of the proposed declaration would be seriously detrimental to him;bin a subsection (1)(b) case, that the relevant duty is owed in relation to the sewer, lateral drain or sewage disposal works; orcany other prescribed ground.4An appeal under subsection (1)(a) above shall be made within two months after notice of the proposal is—aserved on the owner of the sewer, lateral drain or sewage disposal works; orbpublished in accordance with section 102(4) above as modified by section 105A(6) above,(or, if both occur, within two months after whichever is the later).5An appeal under subsection (1)(b) above shall be made within such period as is specified in the scheme (not being less than two months).6On the hearing of an appeal under subsection (1) above, the Authority may—ain a subsection (1)(a) case, allow or disallow the proposal of the sewerage undertaker; orbin a subsection (1)(b) case, determine that the undertaker was not under the relevant duty in relation to the sewer, lateral drain or sewage disposal works in question,or, in either case, make any declaration that the sewerage undertaker might have made, unless the proposal is disallowed.7If, in a subsection (1)(a) case, the Authority finds that the making of the proposed declaration would be seriously detrimental to the appellant, it shall disregard any duty on the part of the sewerage undertaker to make the proposal for the purpose of determining whether to allow or disallow the proposal.8If, in a subsection (1)(a) case, the Authority disallows the proposal of the sewerage undertaker, the scheme pursuant to which it was made shall have effect as if there were no duty under section 105A(4) above on the sewerage undertaker in relation to the sewer, lateral drain or sewage disposal works in question.9Where the Authority makes a declaration under subsection (6) above, it may, if it thinks fit—aspecify conditions, including conditions as to the payment of compensation by the sewerage undertaker; andbdirect that its declaration shall not take effect unless any conditions so specified are accepted.10A declaration made under subsection (6) above shall have the same effect as if it had been made by the undertaker.11The Secretary of State may by regulations make further provision in connection with appeals under this section.12The regulations may, in particular, require the Authority to have regard to prescribed matters when determining an appeal under this section.<Addition ChangeId="d29p23357" CommentaryRef="c19838891">Adoption schemes: supplementary</Addition>105C1The Secretary of State may vary any scheme, or revoke it.2Before making regulations or any scheme under section 105A above, and before amending or revoking the regulations or varying or revoking a scheme, the Secretary of State shall consult—aeach sewerage undertaker which would be affected;aaany 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;bthe Authority;cthe Council;dsuch other persons as the Secretary of State considers appropriate.3The Secretary of State shall publish each scheme he makes, and any such scheme as varied, in the way he considers best for the purpose of bringing it to the attention of those likely to be affected by it. Communication of drains and private sewers with public sewers Right to communicate with public sewers.1061Subject to the provisions of this section—athe owner or occupier of any premises, orbthe owner of any private sewer which drains premises,shall be entitled to have his drains or sewer communicate with the public sewer of any sewerage undertaker and thereby to discharge foul water and surface water from those premises or that private sewer.1AIn this section, and in sections 107 to 109, 111, 113 to 116, 118, 119, 124, 127, 139 and 146 below—areferences (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; andbfor the purposes of paragraph (a) above—ia “public lateral drain” is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under section 102 above or under an agreement made under section 104 above; andii“sewer standards” means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.1BThe right under subsection (1) is subject to section 106A.2Subject to the provisions of Chapter III of this Part, nothing in subsection (1) above shall entitle any person—ato discharge directly or indirectly into any public sewer—iany liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process; oriiany liquid or other matter the discharge of which into public sewers is prohibited by or under any enactment; orbwhere separate public sewers are provided for foul water and for surface water, to discharge directly or indirectly—ifoul water into a sewer provided for surface water; oriiexcept with the approval of the undertaker, surface water into a sewer provided for foul water; orcto have his drains or sewer made to communicate directly with a storm-water overflow sewer.3A person desirous of availing himself of his entitlement under this section shall give notice of his proposals to the sewerage undertaker in question.4At any time within twenty-one days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer adoes not satisfy the standards reasonably required by the undertaker; orbis such that the making of the communication would be prejudicial to the undertaker’s sewerage system.5For the purpose of examining the mode of construction and condition of a drain or sewer to which a notice under subsection (3) above relates a sewerage undertaker may, if necessary, require it to be laid open for inspection.5AWhere the sewer or drain satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain be vested in it by virtue of a declaration under section 102 above.6Any question arising under subsections (3) to (5A) above between a sewerage undertaker and a person proposing to make a communication as to—athe reasonableness of the undertaker’s refusal to permit a communication to be made; orbas to the reasonableness of any requirement under subsection (5) or (5A) above,may, on the application of that person, be determined by the Authority under section 30A above (and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above).7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Where a person proposes under this section to make a communication between a drain or sewer and such a public sewer in Greater London as is used for the general reception of sewage from other public sewers and is not substantially used for the reception of sewage from private sewers and drains—athe grounds on which a sewerage undertaker may refuse to permit the communication shall be such grounds as the undertaker thinks fit; andbno application to the Authority may be made under subsection (6) above in respect of any refusal under this subsection.9In this section “factory” has the same meaning as in the Factories Act 1961.<Addition ChangeId="key-1c3f1f85411de5be21e10d8cabee7db1-1621255335438" CommentaryRef="key-1c3f1f85411de5be21e10d8cabee7db1">Sustainable drainage</Addition>106A1This section applies to a drainage system construction of which required approval under Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).2A person may exercise the right under section 106(1) in respect of surface water only if—athe construction of the drainage system was approved under that Schedule, andbthe proposals for approval included a proposal for the communication with the public sewer.3Where subsection (2) is satisfied, the connection may not be refused—aunder section 106(4), orbon grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.<Addition ChangeId="key-049e0f793fbc091aad7226f5a909633f-1577107237180" CommentaryRef="key-049e0f793fbc091aad7226f5a909633f">Requirement to enter into agreement before construction</Addition>106B1A person may exercise the right under section 106(1) in respect of a lateral drain or sewer constructed after the commencement of this section only if Conditions 1 and 2 are satisfied.2Condition 1 is that an agreement was entered into under section 104 in respect of the drain or sewer.3Condition 2 is that the agreement included—aprovision about the standards according to which the drain or sewer was to be constructed, andbprovision about adoption of the drain or sewer by the sewerage undertaker.4Provision for the purposes of Condition 2(a) must either—aincorporate or accord with standards published by the Minister, orbdepart from those standards by express consent of the parties to the agreement.5Provision for the purposes of Condition 2(b) must—ainclude provision for adoption to occur automatically upon the occurence of specified events, andbcomply with any regulations made by the Minister (which may concern the provision required by paragraph (a) of this subsection).6Subsection (1) does not apply—ato drainage systems required to be approved in accordance with Schedule 3 to the Flood and Water Management Act 2010, orbin other circumstances specified by the Minister in regulations.7Where a person seeks to exercise the right under section 106(1) in reliance on satisfying Conditions 1 and 2, an undertaker may not refuse connection—awhether or not in reliance on section 106(4), andbwhether or not the terms of the agreement under section 104 (including terms required by this section) have been complied with.8In this section “the Minister” means—athe Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, andbthe Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. Right of sewerage undertaker to undertake the making of communications with public sewers.1071Where a person gives to a sewerage undertaker notice under section 106 above of his proposal to have his drains or sewer made to communicate with a public sewer of that undertaker, the undertaker may—awithin fourteen days after the receipt of the notice; orbif any question arising under the notice requires to be determined by the Authority, within fourteen days after the determination of that question,give notice to that person that the undertaker intends itself to make the communication.1AA sewerage undertaker may not give notice to a person under subsection (1) if—athe undertaker and the person entered into an agreement under section 104, andbthe agreement provides for the communication to which the person's proposal relates to be made by the person.2If, after a notice has been given to any person under subsection (1) above, that person proceeds himself to make the communication, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.3Where a sewerage undertaker has given a notice under subsection (1) above—athe undertaker shall have all such rights in respect of the making of the communication as the person desiring it to be made would have; butbit shall not be obligatory on the undertaker to make the communication until either—ithere has been paid to the sewerage undertaker any such sum, not exceeding the undertaker’s reasonable estimate of the amount by way of charges that the undertaker may impose in accordance with charging rules for making the connection , as the undertaker may have required to be paid to it; oriithere has been given to the undertaker such security for the payment of that amount as charging rules allow and it may have required. 4If a payment to a sewerage undertaker under subsection (3) exceeds the charges that may, in the event, be imposed in accordance with charging rules for making the connection in question, the excess is to be repaid by the undertaker; and, if and so far as those charges are not covered by a payment under subsection (3), those charges are to be paid by the person for whom the work was undertaken.4AAny dispute between a sewerage undertaker and any other person as to—awhether the undertaker’s estimate of the amount of charges given under subsection (3)(b)(i) above is reasonable,bthe security required by the undertaker, orcwhether any excess is repayable, or any charges are payable, under subsection (4), or the amount of any such excess or charges,may be referred to the Authority for determination under section 30A above by either party to the dispute.5Sections 291, 293 and 294 of the Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.6For the purposes of this section, the making of the communication between a drain or private sewer and a public sewer includes all such work as involves the breaking open of a street.7A reference in this section to an agreement under section 104 includes a reference to—aan order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), andban agreement which has been varied by order under section 105ZB(1). Communication works by person entitled to communication.1081Where a sewerage undertaker does not under section 107 above elect itself to make a communication to which a person is entitled under section 106 above or may not make such an election because of section 107(1A), the person making it shall—abefore commencing the work, give reasonable notice to any person directed by the undertaker to superintend the carrying out of the work; andbafford any such person all reasonable facilities for superintending the carrying out of the work.2For the purpose—aof exercising his rights under section 106 above; orbof examining, repairing or renewing any drain or private sewer draining his premises into a public sewer,the owner or occupier of any premises shall be entitled to exercise the same powers as, for the purpose of carrying out its functions, are conferred on a sewerage undertaker by sections 158 and 161(1) below.3The provisions of Part VI of this Act shall apply, with the necessary modifications, in relation to the power conferred by subsection (2) above as they apply in relation to the power conferred by sections 158 and 161(1) below. Unlawful communications.1091Any person who causes a drain or sewer to communicate with a public sewer—ain contravention of any of the provisions of section 106 or 108 above; orbbefore the end of the period mentioned in subsection (4) of that section 106,shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.2Whether proceedings have or have not been taken by a sewerage undertaker in respect of an offence under this section, such an undertaker may—aclose any communication made in contravention of any of the provisions of section 106 or 108 above; andbrecover from the offender any expenses reasonably incurred by the undertaker in so doing.3Sections 291, 293 and 294 of the Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority. Connections between public sewers Determination of disputes with respect to cross boundary sewers.1101Where any part of a sewer is vested in a sewerage undertaker by virtue of section 70 of the Water Act 1989 (cross boundary sewers), the terms on which that part of that sewer—acommunicates with such parts of that sewer or of any other sewer; orbdischarges into any such sewage disposal works,as immediately before 1st September 1989 were vested in the same water authority as that part of that sewer but, by virtue of that section, are vested in another sewerage undertaker shall be determined, in default of agreement, by the Authority.2A determination by the Authority under this section shall have effect as an agreement between the sewerage undertakers in question but may be varied or revoked by a subsequent determination made by the Authority on the application of either of those undertakers, as well as by agreement between the undertakers.3In making a determination under this section, the Authority shall have regard to the desirability of a sewerage undertaker’s recovering the costs resulting from its allowing the sewers of other sewerage undertakers to communicate with its sewers or to discharge into its sewage disposal works and of its securing a reasonable return on its capital.<Substitution ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620477331281" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Main connections</Substitution>110A1This section applies where—aa qualifying person requests a sewerage undertaker to permit a main connection into the established undertaker's sewerage system for the benefit of the qualifying person, orba sewerage undertaker proposes such an arrangement;and references in this section to the established undertaker are references to the sewerage undertaker who is to permit the main connection.2In this section “qualifying person” means—aa sewerage undertaker, orba person who has made an application for an appointment or variation under section 8 which has not been determined.3On the application of the qualifying person or the established undertaker, the Authority may—aif it appears to the Authority that it is necessary or expedient for the purposes of this Part that the established undertaker should permit a main connection into its sewerage system, andbif the Authority is satisfied that the established undertaker and qualifying person cannot reach agreement,by order require the established undertaker to permit the connection for such period and on such terms and conditions as may be specified in the order.4Before making an order under subsection (3), the Authority must consult the appropriate agency.5Subject to subsection (6), an order under subsection (3) has effect as an agreement between the established undertaker and the qualifying person.6If the Authority makes an order under subsection (3) on the application of a person who is a qualifying person by virtue of subsection (2)(b), the Authority must frame the order so that it does not have effect until—athe person becomes a sewerage undertaker for the area specified in the order, orbthe person becomes a sewerage undertaker for an area that includes the area specified in the order (in the case of a sewerage undertaker applying for a variation).7Neither the CMA nor the Authority may exercise, in respect of an agreement with a sewerage undertaker for it to permit a main connection into its sewerage system for the benefit of a qualifying person, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).8Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with such agreement as is mentioned in subsection (7), andbin 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.9In exercising its functions under this section, the Authority must have regard to the desirability of—afacilitating effective competition within the sewerage services industry;bthe established undertaker's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe established undertaker's being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the established undertaker to meet its existing obligations, or likely future obligations, to provide such services.10In this section and section 110B “the appropriate agency”, in relation to a determination whether to make an order under subsection (3) or section 110B(1) which would result in, or which would vary or terminate, a main connection agreement, means—athe Environment Agency, in a case where all parties to the main connection agreement are or would be—ia sewerage undertaker whose area is wholly in England, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a sewerage undertaker;bthe NRBW, in a case where all parties to the main connection agreement are or would be—ia sewerage undertaker whose area is wholly in Wales, oriia person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a sewerage undertaker;cboth the Environment Agency and the NRBW, in any other case.11In this section and sections 110B to 110J—“main connection” means—a connection between a sewer or disposal main and a sewer or disposal main, ora connection which allows a sewer or disposal main to discharge directly into a sewage disposal works;“main connection agreement” means an agreement with one or more sewerage undertakers for that undertaker or each of them to permit a main connection into its sewerage system and includes—an order under subsection (3) which is deemed to be an agreement by virtue of subsection (5), andany agreement which has been varied by order under section 110B(1).<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Variation and termination of main connection agreements</Addition>110B1On the application of any party to a main connection agreement, the Authority may—aif it appears to the Authority that it is necessary or expedient for the purpose of this Part that the main connection agreement should be varied or terminated, andbif the Authority is satisfied that variation or termination cannot be achieved by agreement,by order vary or terminate the main connection agreement.2Before making an order under subsection (1), the Authority must consult the appropriate agency.3If an order under subsection (1) is made in relation to a main connection agreement, the agreement—ahas effect subject to the provision made by the order, orbceases to have effect (as the case may be).4An order under subsection (1) may require any party to the agreement to pay compensation to any other party.5Neither the CMA nor the Authority may exercise, in respect of an agreement to vary or terminate a main connection agreement, the powers conferred by—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).6Subsection (5)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement to vary or terminate a main connection agreement, andbin 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.7In exercising its functions under this section, the Authority must have regard to the expenses incurred by the established undertaker in complying with its obligations under the main connection agreement in question and to the desirability of—afacilitating effective competition within the sewerage services industry;bthe established undertaker's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;cthe established undertaker's being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;dnot putting at risk the ability of the established undertaker to meet its existing obligations, or likely future obligations, to provide such services.8In this section and sections 110C to 110J “established undertaker”, in relation to a sewerage agreement, means the sewerage undertaker which is required by the agreement to permit a main connection into its sewerage system.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Codes in respect of main connection agreements</Addition>110C1The Authority may issue one or more codes in respect of main connection agreements.2A code may make provision about—aprocedures in connection with making an agreement to permit a main connection into a sewerage undertaker's sewerage system;bprocedures in connection with varying or terminating a main connection agreement;cprocedures to be followed by the Authority in determining whether to make an order under section 110A(3) or 110B(1);dthe terms and conditions of a main connection agreement, including terms as to the duration of such an agreement;eprinciples for determining the terms and conditions that should or should not be incorporated into a main connection agreement;fthe steps to be taken by the Authority in determining whether a person is complying with the code.3If the Authority considers that a sewerage undertaker is not acting as required by a code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.4The Authority may not give a direction under subsection (3) requiring a person to enter into, vary or terminate an agreement.5It is the duty of a sewerage undertaker to comply with a direction under subsection (3), and this duty is enforceable by the Authority under section 18.6A code may make different provision for different persons or different descriptions of person.7The Authority may from time to time revise a code issued under this section and issue a revised code.8A revised code may include provision for applying any of its revisions to main connection agreements made before the revised code comes into force.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Codes under section 110C: procedure</Addition>110D1Before issuing a code under section 110C, the Authority must—aprepare a draft of the proposed code under section 110C, andbconsult such persons about the proposed code as it considers appropriate.2The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.3Before a code under section 110C prepared by the Authority is issued, the Minister may direct the Authority—anot to issue the code, orbto issue the code with specified modifications.4Subsection (3) is subject to subsections (6) and (7).5In subsection (3) “the Minister” means—athe Secretary of State, so far as a code prepared by the Authority relates to main connection agreements under which—ithe main connection into a sewerage system, oriieach such connection,is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;bthe Welsh Ministers, so far as a code prepared by the Authority relates to main connection agreements under which—ithe main connection into a sewerage system, oriieach such connection,is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;cthe Secretary of State and the Welsh Ministers acting jointly, so far as a code prepared by the Authority relates to main connection agreements under which one main connection into a sewerage system is or would be—ia main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, oriia main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.6If the power under subsection (3) is exercised to give a direction in respect of such main connection agreements as are referred to in paragraph (a), (b) or (c) of subsection (5), it may not be exercised again in respect of such main connection agreements as are referred to in that paragraph.7If the power under subsection (3) to give a direction in respect of such main connection agreements as are referred to in paragraph (a), (b) or (c) of subsection (5) is not exercised on the first occasion on which it may be so exercised, it may not be exercised in respect of such main connection agreements as are referred to in that paragraph on a later occasion.8A direction under subsection (3) 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.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Codes under section 110C: minor or urgent revisions</Addition>110E1This section applies if the Authority propose to issue a revised code under section 110C and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 110D does not apply to the revised code.3Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—athe issuing of the revised code, andbas regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.5Unless 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.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Rules about charges for permitting main connections</Addition>110F1The Authority may issue rules about charges that may be imposed by a sewerage undertaker under a main connection agreement.2The rules may in particular make provision about—awhat types of charge may be imposed;bthe amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;cprinciples for determining what types of charge may or may not be imposed;dprinciples for determining the amount of any charge that may be imposed;epublication of the charges that may be imposed.3If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.4It is the duty of a sewerage undertaker to comply with a direction under subsection (3), and this duty is enforceable by the Authority under section 18.5The rules may—amake different provision for different sewerage undertakers or different descriptions of sewerage undertaker;bmake different provision for different purposes;cmake provision subject to exceptions.6The Authority may from time to time revise rules issued under this section and issue revised rules.7The Authority must issue revised rules if—aguidance is issued under section 110J, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.8Revised rules may include provision for applying any of the revisions to main connection agreements made before the revised rules come into effect.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Rules under section 110F: provision about the reduction of charges</Addition>110G1Rules under section 110F may provide for the reduction of charges payable under a main connection agreement where conditions specified by the rules are satisfied.2Rules made by virtue of subsection (1) may in particular—aspecify conditions by reference to any party to a main connection agreement;brequire that steps be taken for the purpose of reducing the cost to a sewerage undertaker of permitting a main connection into its sewerage system;cspecify conditions about reducing charges payable by a person who—iis not party to the agreement, andiitakes or proposes to take such steps as satisfy or would satisfy a condition falling within paragraph (b).3The 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.4Rules made by virtue of subsection (3) may—amake provision as to the content of the notice;bspecify the period within which an undertaker is to give notice to the Authority.5Provision under subsection (4)(a) may in particular require the notice to specify—athe provision of the rules that brings about the reduction in the charge;bthe amount of the charge, with and without the reduction;cthe period for which the reduction has effect.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Rules under section 110F: procedure</Addition>110H1Before issuing rules under section 110F, the Authority must—aprepare a draft of the proposed rules, andbconsult such persons about the proposed rules as it thinks appropriate.2The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.3The Authority must have regard to guidance issued under section 110J in making rules under section 110F.4Before rules under section 110F prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.5In subsection (4) “the Minister” means—athe Secretary of State, so far as rules prepared by the Authority relate to main connection agreements under which—ithe main connection into a sewerage system, oriieach such connection,is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;bthe Welsh Ministers, so far as rules prepared by the Authority relate to main connection agreements under which—ithe main connection into a sewerage system, oriieach such connection,is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;cthe Secretary of State and the Welsh Ministers acting jointly, so far as rules prepared by the Authority relate to main connection agreements under which one main connection into a sewerage system is or would be—ia main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, oriia main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.6A 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 rules may not be issued before that period of 28 days has expired.7This section is subject to section 110I.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Rules under section 110F: minor or urgent revisions</Addition>110I1This section applies if the Authority proposes to issue revised rules under section 110F and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 110H does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 110H.<Addition ChangeId="key-d5e8e4cea2b60431d06ad10a95542d99-1620491658959" CommentaryRef="key-d5e8e4cea2b60431d06ad10a95542d99">Rules under section 110F: guidance</Addition>110J1The Minister may issue guidance as to the content of rules under section 110F.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Welsh Ministers;bthe Secretary of State;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe Secretary of State, in relation to main connection agreements under which—iany main connection into a sewerage system, oriieach such connection,is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;bthe Welsh Ministers, in relation to main connection agreements under which—iany main connection into a sewerage system, oriieach such connection,is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;cthe Secretary of State and the Welsh Ministers acting jointly, in relation to main connection agreements under which one main connection into a sewerage system is or would be—ia main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, oriia main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.<Emphasis><Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">Provision of sewerage services by sewerage licensees </Addition><Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">etc</Addition></Emphasis><Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">Provision by sewerage licensee</Addition>110K1The owner or occupier of any premises may serve a notice on a sewerage undertaker—ainforming the undertaker that sewerage services to the premises are to be provided by a sewerage licensee, andbspecifying the time after which the undertaker will no longer be required to provide sewerage services to the premises.2Where the charges for the sewerage services provided by the undertaker are, under Chapter 1 of Part 5 of this Act, fixed in relation to the premises by reference to volume, the time specified in the notice is to fall at least two working days after the notice is served.3In this section a reference to two working days is a reference to a period of 48 hours calculated after disregarding any time falling on—aa Saturday or Sunday, orbChristmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.<Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">Interim duty: sewerage undertakers and sewerage licensees</Addition>110L1This section applies where—aa sewerage licensee (“the previous licensee”) ceases to provide sewerage services to any premises, andbthe owner or occupier of the premises has not notified the sewerage undertaker in whose area the premises are that—ihe has made arrangements for the continuation of the provision of sewerage services to the premises, oriihe intends any provision of sewerage services to the premises to cease.2It is to be the duty of the sewerage undertaker to continue to provide the sewerage services to the premises which were provided by the previous licensee.3But the Authority may give a direction to an eligible sewerage licensee (an “interim licensee”) providing that it is to be the duty of that licensee to provide the sewerage services instead. 3AWhere the premises are in a retail exit area the Authority must give a direction under subsection (3). 4An “eligible sewerage licensee” is a sewerage licensee with a retail authorisation who has elected to be an eligible sewerage licensee for the purposes of this section in accordance with the code issued under section 110O.5If the Authority proposes to give a direction under subsection (3) to an eligible sewerage licensee—athe Authority must give notice of the proposed direction to the licensee, andbthe licensee may, in accordance with the code issued under section 110O, temporarily suspend the election made by the licensee as mentioned in subsection (4), so that the proposed direction cannot be given to the licensee.6Where sewerage services are provided by an undertaker under subsection (2)—athe charges payable in respect of the provision of the services are to be fixed from time to time by a charges scheme under section 143, andbthe services are to be provided until—iservices are provided by an interim licensee by virtue of a direction under subsection (3),iiservices are provided by a sewerage licensee following the service of a notice under section 110K, oriiiservices are provided to the premises by another sewerage undertaker following the service of a notice by the owner or occupier of the premises on the undertaker providing services under subsection (2) specifying the time after which the undertaker will no longer be required to provide sewerage services to the premises (see section 110M(5)),whichever is the earlier.7Where sewerage services are provided by an interim licensee by virtue of a direction given under subsection (3)—athe provision of services by the interim licensee is to be treated as having begun on the date on which the previous licensee ceased to provide services to the premises,bthe terms and conditions in accordance with which the services are to be provided are to be—ithose provided for by a scheme made under section 110N, oriisuch other terms and conditions as may be agreed between the interim licensee and the owner or occupier of the premises, andcthe services are to be provided until they are discontinued in accordance with the terms and conditions mentioned in paragraph (b).8Subsections (9) and (10) apply if, within a period of three months beginning with the date on which the previous licensee ceased to provide sewerage services to the premises, the owner or occupier of the premises serves notice—aunder section 110K, on the sewerage undertaker continuing the provision of services under subsection (2), orbin accordance with the terms and conditions mentioned in subsection (7)(b), on the interim licensee continuing the provision of services by virtue of a direction given under subsection (3),that instead another sewerage licensee (“the new licensee”) is to continue the provision of the services to the premises which were provided by the previous licensee.9The notice must—aspecify the time from which the new licensee is to continue the provision of the services in question, andbbe served in accordance with the code issued under section 110O.10In the case of a notice served as mentioned in subsection (8)(a), the provision of services by the new licensee is to be treated as having begun on the date on which the previous licensee ceased to provide services to the premises.<Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">Interim duty: supplementary</Addition>110M1Where a duty is imposed by section 110L(2), or by virtue of a direction given under section 110L(3), in respect of any premises, any breach of the duty which causes the owner or occupier of the premises to sustain loss or damage is actionable at the suit of that owner or occupier.2But in any proceedings brought against a sewerage undertaker or sewerage licensee in pursuance of subsection (1), it is a defence for the undertaker or licensee to show that the undertaker or, as the case may be, the licensee took all reasonable steps and exercised all due diligence to avoid the breach.3For the purposes of section 110L, 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.4In subsection (3), the reference to the undertaker's sewerage system is to be construed in accordance with section 17BA(7).5Section 110K(2) and (3) apply to a notice served under section 110L(6)(b)(iii) as they apply to a notice served under section 110K.<Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">Interim licensees: schemes for terms and conditions</Addition>110N1A person who is an eligible sewerage licensee for the purposes of section 110L must make, and from time to time revise, a scheme containing the terms and conditions which, in the absence of agreed terms and conditions, are to apply to the provision of sewerage services by the licensee by virtue of a direction given under section 110L(3).2A scheme under this section may make different provision for different purposes, or for different areas.3As soon as practicable after a sewerage licensee makes or revises a scheme under this section the licensee is to—apublish the scheme, or revised scheme, on the licensee's website, andbsend a copy of the scheme, or revised scheme, to the Authority.4The Authority may give a direction that terms and conditions applying to the provision of sewerage services in accordance with a scheme under this section must be modified as specified in the direction.5A direction under subsection (4) may apply—agenerally to terms and conditions applying in accordance with a scheme under this section, orbto terms and conditions so applying in any particular case.6It is the duty of a sewerage licensee to comply with a direction under subsection (4), and this duty is enforceable under section 18.<Addition ChangeId="key-e7ab4d41335e4fe91a1207581abd3913-1620502661880" CommentaryRef="key-e7ab4d41335e4fe91a1207581abd3913">Interim duty: code</Addition>110O1The Authority must issue a code in relation to—athe provision of sewerage services under section 110L, andbits power of direction under section 110L(3) (power to direct that eligible sewerage licensee provides interim sewerage services).2The code may, in particular, make provision about—athe procedure for electing to be an eligible sewerage licensee for the purposes of section 110L;bthe procedure for temporarily suspending such an election under section 110L(5)(b);cthe circumstances in which the Authority's power of direction under section 110L(3) or 110N(4) may or may not be exercised;dhow the Authority will determine the date on which a sewerage licensee ceased to provide sewerage services to premises for the purposes of section 110L;eterms and conditions contained in schemes made under section 110N;feligible sewerage licensees informing owners or occupiers of premises of their schemes for terms and conditions made under section 110N, before agreeing any terms and conditions as mentioned in section 110L(7)(b)(ii);gthe giving of notices as mentioned in section 110L(8) (that a new licensee is to continue the provision of the sewerage services provided by the previous licensee) including, in particular, provision about—ithe earliest time that a notice may specify as the time from which a new licensee is to continue the provision of the sewerage services provided by a previous licensee;iithe procedure for serving a notice.3If the Authority considers that a sewerage licensee is not acting as required by provision contained in the code as mentioned in subsection (2)(e) or (f), the Authority may give the licensee a direction to do, or not to do, a particular thing specified in the direction.4It is the duty of a sewerage licensee to comply with a direction under subsection (3), and this duty is enforceable under section 18.5The Authority must from time to time review the code and, if appropriate, issue a revised code.6References in section 110L to the code issued under this section are to the code issued under this section that has effect at the time in question. Provisions protecting sewerage system Restrictions on use of public sewers.1111Subject to the provisions of Chapter III of this Part, no person shall throw, empty or turn, or suffer or permit to be thrown or emptied or to pass, into any public sewer, or into any drain or sewer communicating with a public sewer—aany matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents; orbany such chemical refuse or waste steam, or any such liquid of a temperature higher than forty-three degrees Celsius , as by virtue of subsection (2) below is a prohibited substance; orcany petroleum spirit or carbide of calcium.2For the purposes of subsection (1) above, chemical refuse, waste steam or a liquid of a temperature higher than that mentioned in that subsection is a prohibited substance if (either alone or in combination with the contents of the sewer or drain in question) it is or, in the case of the liquid, is when so heated—adangerous;bthe cause of a nuisance; orcinjurious, or likely to cause injury, to health.3A person who contravenes any of the provisions of this section shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum and to a further fine not exceeding £50 for each day on which the offence continues after conviction;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.4For the purposes of so much of subsection (3) above as makes provision for the imposition of a daily penalty—athe court by which a person is convicted of the original offence may fix a reasonable date from the date of conviction for compliance by the defendant with any directions given by the court; andbwhere a court has fixed such a period, the daily penalty shall not be imposed in respect of any day before the end of that period.5In this section the expression “petroleum spirit” means any such—acrude petroleum;boil made from petroleum or from coal, shale, peat or other bituminous substances; orcproduct of petroleum or mixture containing petroleum,as, when tested in the manner prescribed by or under the Petroleum (Consolidation) Act 1928, gives off an inflammable vapour at a temperature of less than twenty-three degrees Celsius . Requirement that proposed drain or sewer be constructed so as to form part of general system.1121Where—aa person proposes to construct a drain or sewer; andba sewerage undertaker considers that the proposed drain or sewer is, or is likely to be, needed to form part of a general sewerage system which that undertaker provides or proposes to provide,the undertaker may require that person to construct the drain or sewer in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise, from the manner in which that person proposes, or could otherwise be required by the undertaker, to construct it.2If any person on whom requirements are imposed under this section by a sewerage undertaker is aggrieved by the requirements, he may within twenty-eight days appeal to the Authority.3On an appeal under subsection (2) above with respect to any requirements, the Authority may either disallow the requirements or allow them with or without modification.4It shall be the duty of a person on whom requirements are imposed by a sewerage undertaker under this section to comply with those requirements.5The duty of any person by virtue of subsection (4) above to comply with the requirements of a sewerage undertaker shall be owed to the undertaker; and any breach of that duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.6A sewerage undertaker which exercises the powers conferred on it by this section shall—arepay to the person constructing the drain or sewer the extra expenses reasonably incurred by that person in complying with the undertaker’s requirements; andbuntil the drain or sewer becomes a public sewer, from time to time repay to that person so much of any expenses reasonably incurred by him in repairing or maintaining the drain or sewer as may be attributable to the undertaker’s requirements having been imposed and complied with.7Nothing in this section shall apply in relation to so much of any drain or sewer as is proposed to be constructed by any railway undertakers or dock undertakers in or on land which—abelongs to them; andbis held or used by them for the purposes of their undertaking.8A requirement imposed under this section may not be inconsistent with, or more onerous than, standards published for the purposes of section 106B. Power to alter drainage system of premises in area.1131Where any premises have a drain or sewer communicating with a public sewer or a cesspool, but that system of drainage, though sufficient for the effectual drainage of the premises—ais not adapted to the general sewerage system of the area; orbis, in the opinion of the sewerage undertaker for the area, otherwise objectionable,the undertaker may, at its own expense, close the existing drain or sewer and fill up the cesspool, if any, and do any work necessary for that purpose.2The power conferred on a sewerage undertaker by subsection (1) above shall be exercisable on condition only that the undertaker first provides, in a position equally convenient to the owner of the premises in question, a drain or sewer which—ais equally effectual for the drainage of the premises; andbcommunicates with a public sewer.3A sewerage undertaker which proposes to carry out any work under this section shall give notice of its proposals to the owner of the premises in question. notice of its proposals to— athe owner of the premises in question, andbany sewerage licensee providing sewerage services to those premises.4If the owner of the premises is aggrieved by the proposals, whether as regards the position or the sufficiency of the drain or sewer proposed to be provided for the drainage of the premises, he may refer the matter to the Authority for determination under section 30A above.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6The Secretary of State may by regulations make provision with respect to consents and the conditions of consents for discharges of trade effluent into the sewer of a sewerage undertaker through a drain or sewer provided in pursuance of this section.7In this section—“cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and“trade effluent” has the same meaning as in Chapter III of this Part. Power to investigate defective drain or sewer.1141Where it appears to a sewerage undertaker that there are reasonable grounds for believing—athat any drain connecting with a public sewer, or any private sewer so connecting, is in such a condition as to be injurious or likely to cause injury to health or as to be a nuisance; orbthat any such drain or private sewer is so defective as to admit subsoil water,the undertaker may examine the condition of the drain or sewer and, for that purpose, may apply any test, other than a test by water under pressure and, if the undertaker deems it necessary, open the ground.2If on examination the drain or sewer is found to be in proper condition, the undertaker shall, as soon as possible, reinstate any ground which has been opened by it and make good any damage done by the undertaker.<Emphasis><Addition ChangeId="key-eac8bdc87543f5437a95961735260a88-1604610504547" CommentaryRef="key-eac8bdc87543f5437a95961735260a88">Sustainable drainage</Addition></Emphasis><Addition ChangeId="key-eac8bdc87543f5437a95961735260a88-1604610504547" CommentaryRef="key-eac8bdc87543f5437a95961735260a88">Drainage systems relieving public sewers</Addition>114A1Sewerage undertakers may construct, on their own or on another's land, drainage systems for the purpose of reducing the volume of surface water entering public sewers or the rate at which it does so.2A sewerage undertaker may maintain and operate a drainage system constructed by it under subsection (1).3In this section—“drainage system” means a structure designed to receive rainwater and other surface water, other than a natural watercourse;“natural watercourse” means a river or stream;“rainwater” includes snow and other precipitation;“structure” includes—any part of an existing or proposed structure, andany feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or other surface water.4The powers conferred by subsections (1) and (2) are not to be regarded as functions of a sewerage undertaker for the purposes of section 155 (compulsory purchase of land required for the purposes of carrying out functions of relevant undertakers). Use of pipes for sewerage purposes Use of highway drains as sewers and vice versa.1151Subject to the provisions of this section, a relevant authority and a sewerage undertaker may agree that—aany drain or sewer which is vested in the authority in their capacity as a highway authority may, upon such terms as may be agreed, be used by the undertaker for the purpose of conveying surface water from premises or streets;bany public sewer vested in the undertaker may, upon such terms as may be agreed, be used by the authority for conveying surface water from roads repairable by the authority.2Where a sewer or drain with respect to which a relevant authority and a sewerage undertaker propose to make an agreement under this section discharges, whether directly or indirectly, into the sewers or sewage disposal works of another sewerage undertaker, the agreement shall not be made without the consent of that other undertaker.3Subject to subsection (4) below, a consent given by a sewerage undertaker for the purposes of subsection (2) above may be given on such terms as that undertaker thinks fit.4Neither a relevant authority nor a sewerage undertaker shall—aunreasonably refuse to enter into an agreement for the purposes of this section; orbinsist unreasonably upon terms unacceptable to the other party;and a sewerage undertaker shall not unreasonably refuse to consent to the making of such an agreement or insist unreasonably upon terms unacceptable to either party.5Any question arising under this section as to whether or not any authority or undertaker is acting unreasonably shall be referred to the Secretary of State, whose decision shall be final.5AA sewerage undertaker must accept any use by a highway authority which is in accordance with a drainage system approved under Schedule 3 to the Flood and Water Management Act 2010.6The powers by virtue of paragraph (a) of subsection (1) above of a relevant authority and a sewerage undertaker to enter into an agreement shall be exercisable by two relevant authorities as they would be exercisable if one of them were a sewerage undertaker.7Nothing in this section shall be construed as limiting the rights of a relevant authority under section 264 of the Highways Act 1980.8Part XII of the Public Health Act 1936 shall apply for the purposes of the provisions of this section which confer functions on relevant authorities as they apply for the purposes of the provisions of that Act.9In this section “relevant authority” means a county council or any local authority except a non-metropolitan district council.10The provisions of this section are subject to the provisions of section 146(4) below. Power to close or restrict use of public sewer.1161Subject to subsection (3) below, a sewerage undertaker may discontinue and prohibit the use of any public sewer which is vested in the undertaker.2A discontinuance or prohibition under this section may be for all purposes, for the purpose of foul water drainage or for the purpose of surface water drainage.3Before any person who is lawfully using a sewer for any purpose is deprived under this section by a sewerage undertaker of the use of the sewer for that purpose, the undertaker shall—aprovide a sewer which is equally effective for his use for that purpose; andbat the undertaker’s own expense, carry out any work necessary to make that person’s drains or sewers communicate with the sewer provided in pursuance of this subsection.4Any dispute arising under subsection (3)(a) above between a sewerage undertaker and any other person as to the effectiveness of any sewer provided by the undertaker for that person’s use may be referred to the Authority for determination under section 30A above by either party to the dispute.<CommentaryRef Ref="c13219731"/><Addition ChangeId="d29p24567">Complaints</Addition><Addition ChangeId="d29p24567"> Procedures for dealing with complaints.</Addition>116A1Each sewerage undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the provision of sewerage services.2No such procedure shall be established, and no modification of such a procedure shall be made, unless—athe sewerage undertaker has consulted the regional committee to which it has been allocated; andbthe proposed procedure or modification has been approved by the Authority.3The sewerage undertaker shall—apublicise the procedure in such manner as may be approved by the Authority; andbsend a description of the procedure, free of charge, to any person who asks for one.4The Authority may give a direction to a sewerage undertaker requiring the undertaker to review its procedure or the manner in which the procedure operates.5A direction under subsection (4) above—amay specify the manner in which the review is to be conducted; andbshall require a written report of the review to be made to the Authority.6Where the Authority receives a report under subsection (5)(b) above, it may, after consulting the sewerage undertaker, direct the undertaker to make such modifications of—athe procedure; orbthe manner in which the procedure operates,as may be specified in the direction.7Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.8The duty of a sewerage undertaker to comply with subsection (1) above and with any direction given to it under subsection (4) or (6) above shall be enforceable by the Authority under section 18 above.9Where the Authority is considering whether to exercise its powers under subsection (4) or (6) above in relation to a sewerage undertaker, it shall be the duty of that undertaker to give it such information as it may reasonably require for the purpose of assisting it in coming to a decision.10Section 202 below shall have effect, with the necessary modifications, in relation to information which the Authority requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section. Interpretation of Chapter II Interpretation of Chapter II.1171In this Chapter, except in so far as the context otherwise requires—“dock undertakers” means persons authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on any dock, harbour, canal or inland navigation;“domestic sewerage purposes”, in relation to any premises, means any one or more of the following purposes, that is to say—athe removal, from buildings on the premises and from land occupied with and appurtenant to the buildings, of the contents of lavatories;bthe removal, from such buildings and from such land, of water which has been used for cooking or washing; andcthe removal, from such buildings and such land, of surface water;but does not, by virtue of paragraph (b) of this definition, include the removal of any water used for the business of a laundry or for a business of preparing food or drink for consumption otherwise than on the premises.2References in this Chapter to the construction of a sewer or of any sewage disposal works include references to the extension of any existing sewer or works.3In this Chapter “local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.4Every application made or consent given under this Chapter shall be made or given in writing.5Nothing in sections 102 to 109 above or in sections 111 to 116 above shall be construed as authorising a sewerage undertaker to construct or use any public or other sewer, or any drain or outfall—ain contravention of any applicable provision of the Water Resources Act 1991 or the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154); orbfor the purpose of conveying foul water into any natural or artificial stream, watercourse, canal, pond or lake, without the water having been so treated as not to affect prejudicially the purity and quality of the water in the stream, watercourse, canal, pond or lake.6A sewerage undertaker shall so carry out its functions under sections 102 to 105, 112, 115 and 116 above as not to create a nuisance.Chapter 2A<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Duties relating to sewerage services: sewerage licensees</Addition><Emphasis><Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Duties of sewerage undertakers as regards enabling the provision of sewerage services</Addition></Emphasis><Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Use of undertaker's sewerage system</Addition>117A1This 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—aL is to serve in accordance with L's retail authorisation, andbare in the area of the sewerage undertaker.2Where this section applies, the undertaker must in accordance with a section 117E agreement take such steps—afor the purpose of connecting the drains or sewers of the premises in question to the undertaker's sewerage system, orbin respect of that system,as may be provided for in that agreement in order to enable the requested use of that system.2AA sewerage undertaker is not required by this section to take any steps to enable the use of its sewerage system at a time when it is required to take those steps by virtue of a notice under section 98(1) or (1A) or a request under section 101B(1).3A 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—aa request under section 117B made by the licensee, orba 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.4Where—aa request has been made by a sewerage licensee for the purposes of subsection (1), andbthe 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.5For the purposes of this section and sections 117B and 117C—apremises 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, andbany 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).6In this section and sections 117B to 117D—areferences to the sewerage system of a sewerage undertaker are to be construed in accordance with section 17BA(7);breferences to the retail authorisation of a sewerage licensee are to be construed in accordance with Schedule 2B.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Matter dealt with by sewerage undertaker</Addition>117B1This 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—asewerage services are to be provided in accordance with L's retail authorisation in respect of particular premises in the area of the undertaker, andbthe quantities to be dealt with are to be determined by reference to the extent of sewerage services provided in respect of those premises.2Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—atake 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), andbhaving taken those steps, deal with matter as requested.3Where—aa request has been made by a sewerage licensee for the purposes of subsection (1), andbthe 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.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Removal of matter from sewerage system by a sewerage licensee</Addition>117C1This 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—asewerage 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, andbthe quantities to be removed are to be determined by reference to the extent of sewerage services provided in respect of those premises.2Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—atake 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, andbhaving taken those steps, permit that requested removal of matter from that sewerage system.3Where—aa request has been made by a sewerage licensee for the purposes of subsection (1), andbthe 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.4A 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.5In this section, a reference to a wholesale authorisation is to be construed in accordance with Schedule 2B.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Connections for the purposes of a disposal authorisation</Addition>117D1This 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.2Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—atake 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, andbhaving taken those steps, permit that requested removal of matter from that sewerage system.3Where—aa request has been made by a sewerage licensee for the purposes of subsection (1), andbthe 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.4A 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.5In this section, a reference to a disposal authorisation is to be construed in accordance with Schedule 2B.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Agreements as to duties under sections 117A to 117D</Addition>117E1On the application of—aa sewerage licensee that has made a request under sections 117A to 117D, orba 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.2The Authority may make an order under subsection (1) only if—ait appears to the Authority that the sewerage undertaker is required to perform the duty in question, andbit is satisfied that the parties cannot reach agreement within a reasonable time.3An order under subsection (1) has effect as an agreement between—athe sewerage licensee, andbthe sewerage undertaker required to perform the duty in question.4On 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.5If an order under subsection (4) is made in relation to a section 117E agreement, the agreement—ahas effect subject to the provision made by the order, orbceases to have effect, as the case may be.6An order under subsection (4) may require one party to the agreement to pay compensation to the other.7Neither 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—asection 32 of the Competition Act 1998 (directions in relation to agreements);bsection 35(2) of that Act (interim directions).8Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—awhich is connected with an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, andbin 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.9In this Chapter a reference to a section 117E agreement is a reference to—aan agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, orban order deemed to be such an agreement under subsection (3), orcan agreement varied by order under subsection (4).<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Codes in respect of section 117E agreements</Addition>117F1The Authority may issue one or more codes in respect of section 117E agreements.2A code may make provision about—aprocedures in connection with making a section 117E agreement;bprocedures in connection with varying or terminating a section 117E agreement;cthe terms and conditions of a section 117E agreement, including terms as to the duration of such an agreement;dprinciples for determining the terms and conditions that should or should not be incorporated into a section 117E agreement.3A 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.4If 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.5The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.6It 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 18.7A code may make—adifferent provision for different persons or descriptions of person;bdifferent provision for different duties under sections 117A to 117D.8The Authority may from time to time revise a code issued under this section and issue a revised code.9A revised code may include provision for applying any of its revisions to section 117E agreements made before the revised code comes into effect.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Codes under section 117F: procedure</Addition>117G1Before issuing a code under section 117F, the Authority must—aprepare a draft of the proposed code under section 117F, andbconsult persons in accordance with subsections (2) and (3).2The relevant persons are—athe Secretary of State;bthe appropriate agency;cthe Council;dany sewerage undertakers likely to be affected by the proposed code;eany sewerage licensees likely to be affected by the proposed code;fsuch other persons as the Authority thinks appropriate.3The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.4Before a code under section 117F prepared by the Authority is issued for the first time, the Secretary of State may direct the Authority—anot to issue the code, orbto issue the code with specified modifications.5A 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.6In this section “the appropriate agency” means—athe Environment Agency, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in England;bboth 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.7This section is subject to section 117H.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Codes under section 117F: minor or urgent revisions</Addition>117H1This 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—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 117G does not apply to the proposed revised code.3Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—athe issuing of the revised code, andbas regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).4Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.5Unless 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.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Rules about charges</Addition>117I1The Authority must issue rules about charges that may be imposed by sewerage undertakers under a section 117E agreement.2The rules may in particular make provision about—athe types of charges that may be imposed;bthe amount or the maximum amount, or methods for determining the amount or maximum amount, of any type of charge;cprinciples for determining what types of charges may or may not be imposed;dprinciples for determining the amount of any charge that may be imposed;epublication of the charges that may be imposed.3The 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.4In subsection (3) “section 142(2)(b) agreement” means an agreement to which section 142(2)(b) applies.5If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may—agive the undertaker a direction to do, or not to do, a thing specified in the direction, orbin 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.6It 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 18.7The rules may—amake different provision for different persons or descriptions of person;bmake different provision for different purposes;cmake provision subject to exceptions.8The Authority may from time to time revise rules issued under this section and issue revised rules.9The Authority must issue revised rules if—aguidance is issued under section 117M, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.10Revised rules may include provision for applying any of the revisions to section 117E agreements made before the revised rules come into effect.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Rules about charges: provision about the reduction of charges</Addition>117J1Rules under section 117I may provide for the reduction of charges payable under a section 117E agreement where—aa sewerage licensee that has a retail authorisation is party to the section 117E agreement, andbother conditions specified by the rules are satisfied.2Rules made by virtue of subsection (1) may in particular—aspecify conditions relating to any party to the section 117E agreement;bspecify conditions about persons taking steps for the purpose of reducing or managing demand for sewerage services;cspecify conditions about the premises by reference to which such steps are to be taken;dspecify conditions about reducing charges payable by a person who—iis not party to the section 117E agreement, andiitakes or proposes to take such steps as satisfy or would satisfy a condition specified under paragraph (b).3The 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.4Rules made by virtue of subsection (3) may—amake provision as to the content of the notice;bspecify the period within which an undertaker is to give notice to the Authority.5Provision under subsection (4)(a) may in particular require the notice to specify—athe amount of the charge, with and without the reduction;bthe period for which the reduction has effect.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Rules under section 117I: procedure</Addition>117K1Before issuing rules under section 117I, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.2The relevant persons are—athe Secretary of State;bthe appropriate agency;cthe Council;dany sewerage undertakers likely to be affected by the proposed rules;eany sewerage licensees likely to be affected by the proposed rules;fsuch other persons as the Authority thinks appropriate.3The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.4The Authority must have regard to guidance issued under section 117M in making rules under section 117I.5Before rules under section 117I prepared by the Authority are issued, the Secretary of State may direct the Authority not to issue the rules.6A 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.7In this section “the appropriate agency” means—athe Environment Agency, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in England;bboth 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.8This section is subject to section 117L.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Rules under section 117I: minor or urgent revisions</Addition>117L1This 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—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 117K does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Secretary of State of its intention to issue revised rules.4Before the revised rules are issued, the Secretary of State may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe 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.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Rules under section 117I: guidance</Addition>117M1The Minister may issue guidance as to the content of rules under section 117I.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are such persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means the Secretary of State.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Designation of strategic sewerage provision</Addition>117N1Subsection (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.2The Authority must designate the removal of matter as strategic sewerage provision.3Subsection (4) applies if—aa 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), orbthe Authority otherwise proposes to make a determination that a particular removal of matter constitutes strategic sewerage provision for the purposes of subsection (1).4The Authority must give notice of the request or proposed determination to—athe Secretary of State;bthe appropriate agency;cthe other party or parties, or the parties, to the section 117E agreement; anddsuch other persons (if any) as the Authority thinks it appropriate to notify.5A 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.6The Authority must consider any representations or objections which are duly made and not withdrawn.7If 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.8If 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—athe Secretary of State;bthe appropriate agency; andcthe parties to the section 117E agreements in question.9Subsection (5) applies to a notice under subsection (8) as it applies to a notice under subsection (4), and subsection (6) applies accordingly.10For 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—ato maintain its services to its own customers, andbto fulfil its obligations under section 117B to deal with matter in its sewerage system.11In 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—athe Environment Agency, in a case where the undertaker's area is wholly in England;bboth the Environment Agency and the NRBW, in a case where the undertaker's area is partly in England and partly in Wales.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Designation of collective strategic sewerage provision</Addition>117O1Subsection (2) applies if at any time the Authority determines that two or more cases of the removal of matter from a sewerage system—aeach of which is a removal by a sewerage licensee, andbeach 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.2The Authority must designate the cases of the removal of matter as collective strategic sewerage provision.3Subsection (4) applies if—aa 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), orbthe 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).4The Authority must give notice of the request or proposed determination to—athe Secretary of State;bthe appropriate agency;cthe other party or parties, or the parties, to the section 117E agreements in question; anddsuch other persons (if any) as the Authority thinks it appropriate to notify.5A 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.6The Authority must consider any representations or objections which are duly made and not withdrawn.7If 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.8If 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—athe Secretary of State;bthe appropriate agency; andcthe parties to the section 117E agreements in question.9Subsection (5) applies to a notice under subsection (8) as it applies to a notice under subsection (4), and subsection (6) applies accordingly.10For 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—ato maintain its services to its own customers, andbto fulfil its obligations under section 117B to deal with matter in its sewerage system.<Emphasis><Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Offences</Addition></Emphasis><CommentaryRef Ref="key-d73d32580ee7418f6f65b50c4546197f"/><Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Prohibition on unauthorised use of sewerage system</Addition>117P1No 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—aa customer,bthe person so using that system, orca person associated with that person.2Subsection (1) is subject to subsections (3) and (4) and section 117R.3Subsection (1) does not apply where that use of the system is made by—athe sewerage undertaker, orba sewerage licensee in pursuance of its sewerage licence.4The Secretary of State may by regulations specify further circumstances in which subsection (1) does not apply.5A person who contravenes subsection (1) is guilty of an offence.6An undertaking entered into which involves a contravention of subsection (1) is unenforceable.7A person guilty of an offence under this section is liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.8Proceedings for an offence under this section may not be instituted except by—athe Secretary of State, orbthe Authority.9For 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.10In 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).<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Prohibition on unauthorised removal of matter from sewerage system</Addition>117Q1No person other than the undertaker may remove matter from the sewerage system of a sewerage undertaker whose area is wholly or mainly in England.2Subsection (1) is subject to subsections (3) and (4) and section 117R.3Subsection (1) does not apply where —amatter is removed by a sewerage licensee in pursuance of its sewerage licence, orbmatter is removed by another sewerage undertaker under a main connection agreement (within the meaning of section 110A).4The Secretary of State may by regulations specify further circumstances in which subsection (1) does not apply.5An undertaking entered into which involves a contravention of subsection (1) is unenforceable.6A person who contravenes subsection (1) is guilty of an offence.7A person guilty of an offence under this section is liable—aon summary conviction, to a fine not exceeding £20,000;bon conviction on indictment, to a fine.8For 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).9Proceedings for an offence under this section may not be instituted except by—athe Secretary of State, orbthe Authority.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Sections 117P and 117Q: exemptions</Addition>117R1The Secretary of State may by order made by statutory instrument grant exemption from section 117P(1) or 117Q(1) to—aa person or persons of a class;bgenerally or to such extent as may be specified in the order;cunconditionally or subject to such conditions as may be specified in the order.2Before making an order under subsection (1), the Secretary of State must give notice—astating that the Secretary of State proposes to make such an order and setting out the terms of the proposed order;bstating the reasons why the Secretary of State proposes to make the order in the terms proposed; andcspecifying 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.3The notice required by subsection (2) is to be given—aby serving a copy of it on the Authority, andbby 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.4Notice of an exemption granted to a particular person is to be given—aby serving a copy of the exemption on the person, andbby 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.5Notice 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—apersons of that class, andbother persons who may be affected by it.6An exemption may be granted—aindefinitely, orbfor a period specified in, or determined by or under, the exemption.7The conditions that may be specified may, in particular, require any person carrying on any activity allowed by the exemption—ato 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;bexcept 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;cto 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.<Addition ChangeId="key-d73d32580ee7418f6f65b50c4546197f-1605560851203" CommentaryRef="key-d73d32580ee7418f6f65b50c4546197f">Section 117R: supplementary</Addition>117S1The 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—aat the person's request,bin accordance with any provision of the order by which the exemption was granted, orcif it appears to the Secretary of State inappropriate that the exemption should continue to have effect.2The 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—ain accordance with any provision of the order by which the exemption was granted, orbif it appears to the Secretary of State inappropriate that the exemption should continue to have effect.3The 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—aat the person's request,bin accordance with any provision of the order by which the exemption was granted, orcif it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.4Before 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—aconsult the Authority, andbgive notice—istating that the Secretary of State proposes to make such an order or give such a direction,iistating the reasons why the Secretary of State proposes to make such an order or give such a direction, andiiispecifying 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.5The notice required by subsection (4)(b) is to be given—awhere 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;bwhere 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;cwhere 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.6A statutory instrument containing—aan order under subsection (1) or (2), orban order under section 117R(1),is subject to annulment in pursuance of a resolution of either House of Parliament. CHAPTER III TRADE EFFLUENT Consent for discharge of trade effluent into public sewer Consent required for discharge of trade effluent into public sewer.1181Subject to the following provisions of this Chapter, the occupier of any trade premises in England in the area of a sewerage undertaker may discharge any trade effluent proceeding from those premises into the undertaker’s public sewers if he does so with the undertaker’s consent.1A Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.2Nothing in this Chapter shall authorise the discharge of any effluent into a public sewer otherwise than by means of a drain or sewer.3The following, that is to say—athe restrictions imposed by paragraphs (a) and (b) of section 106(2) above; andbsection 111 above so far as it relates to anything falling within paragraph (a) or (b) of subsection (1) of that section,shall not apply to any discharge of trade effluent which is lawfully made by virtue of this Chapter.4Accordingly, subsections (3) to (8) of section 106 above and sections 108 and 109 above shall have effect in relation to communication with a sewer for the purpose of making any discharge which is lawfully made by virtue of this Chapter as they have effect in relation to communication with a sewer for the purpose of making discharges which are authorised by subsection (1) of section 106 above.5If, in the case of any trade premises, any trade effluent is discharged without such consent or other authorisation as is necessary for the purposes of this Chapter, the occupier of the premises shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum; andbon conviction on indictment, to a fine. Consents on an application Application for consent.1191An application to a sewerage undertaker for a consent to discharge trade effluent from any trade premises into a public sewer of that undertaker shall be by notice served on the undertaker by the owner or occupier of the premises.2An application under this section with respect to a proposed discharge of any such effluent shall state—athe nature or composition of the trade effluent;bthe maximum quantity of the trade effluent which it is proposed to discharge on any one day; andcthe highest rate at which it is proposed to discharge the trade effluent. Applications for the discharge of special category effluent.1201Subject to subsection (3) below, where a notice containing an application under section 119 above is served on a sewerage undertaker with respect to discharges of any special category effluent, it shall be the duty of the undertaker to refer to the appropriate agency the questions—awhether the discharges to which the notice relates should be prohibited; andbwhether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are made.2Subject to subsection (3) below, a reference which is required to be made by a sewerage undertaker by virtue of subsection (1) above shall be made before the end of the period of two months beginning with the day after the notice containing the application is served on the undertaker.3There shall be no obligation on a sewerage undertaker to make a reference under this section in respect of any application if, before the end of the period mentioned in subsection (2) above, there is a refusal by the undertaker to give any consent on the application.4It shall be the duty of a sewerage undertaker where it has made a reference under this section not to give any consent, or enter into any agreement, with respect to the discharges to which the reference relates at any time before the appropriate agency serves notice on the undertaker of his determination on the reference.5Every reference under this section shall be made in writing and shall be accompanied by a copy of the notice containing the application in respect of which it is made.6It shall be the duty of a sewerage undertaker, on making a reference under this section, to serve a copy of the reference on the owner or the occupier of the trade premises in question, according to whether the discharges to which the reference relates are to be by the owner or by the occupier.9If a sewerage undertaker fails, within the period provided by subsection (2) above, to refer to the appropriate agency any question which he is required by subsection (1) above to refer to the appropriate agency, the undertaker shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.10If the appropriate agency becomes aware of any such failure as is mentioned in subsection (9) above, the appropriate agency may—aif a consent under this Chapter to make discharges of any special category effluent has been granted on the application in question, exercise its powers of review under section 127 or 131 below, notwithstanding anything in subsection (2) of the section in question; orbin any other case, proceed as if the reference required by this section had been made. Conditions of consent.1211The power of a sewerage undertaker, on an application under section 119 above, to give a consent with respect to the discharge of any trade effluent shall be a power to give a consent either unconditionally or subject to such conditions as the sewerage undertaker thinks fit to impose with respect to—athe sewer or sewers into which the trade effluent may be discharged;bthe nature or composition of the trade effluent which may be discharged;cthe maximum quantity of trade effluent which may be discharged on any one day, either generally or into a particular sewer; anddthe highest rate at which trade effluent may be discharged, either generally or into a particular sewer.2Conditions with respect to all or any of the following matters may also be attached under this section to a consent to the discharge of trade effluent from any trade premises—athe period or periods of the day during which the trade effluent may be discharged from the trade premises into the sewer;bthe exclusion from the trade effluent of all condensing water;cthe elimination or diminution, in cases falling within subsection (3) below, of any specified constituent of the trade effluent, before it enters the sewer;dthe temperature of the trade effluent at the time when it is discharged into the sewer, and its acidity or alkalinity at that time;ethe payment by the occupier of the trade premises to the undertaker of charges for the reception of the trade effluent into the sewer and for the disposal of the effluent;fthe provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take samples, at any time, of what is passing into the sewer from the trade premises;gthe provision, testing and maintenance of such meters as may be required to measure the volume and rate of discharge of any trade effluent being discharged from the trade premises into the sewer;hthe provision, testing and maintenance of apparatus for determining the nature and composition of any trade effluent being discharged from the premises into the sewer;ithe keeping of records of the volume, rate of discharge, nature and composition of any trade effluent being discharged and, in particular, the keeping of records of readings of meters and other recording apparatus provided in compliance with any other condition attached to the consent; andjthe making of returns and giving of other information to the sewerage undertaker concerning the volume, rate of discharge, nature and composition of any trade effluent discharged from the trade premises into the sewer.3A case falls within this subsection where the sewerage undertaker is satisfied that the constituent in question, either alone or in combination with any matter with which it is likely to come into contact while passing through any sewers-awould injure or obstruct those sewers, or make the treatment or disposal of the sewage from those sewers specially difficult or expensive; orbin the case of trade effluent which is to be or is discharged—iinto a sewer having an outfall in any harbour or tidal water; oriiinto a sewer which connects directly or indirectly with a sewer or sewage disposal works having such an outfall,would cause or tend to cause injury or obstruction to the navigation on, or the use of, the harbour or tidal water.4In the exercise of the power conferred by virtue of subsection (2)(e) above, regard shall be had—ato the nature and composition and to the volume and rate of discharge of the trade effluent discharged;bto any additional expense incurred or likely to be incurred by a sewerage undertaker in connection with the reception or disposal of the trade effluent; andcto any revenue likely to be derived by the undertaker from the trade effluent.5If, in the case of any trade premises, a condition imposed under this section is contravened, the occupier of the premises shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum; andbon conviction on indictment, to a fine.6In this section “harbour” and “tidal water” have the same meanings as in the Merchant Shipping Act 1995.7This section has effect subject to the provisions of sections 133 and 135(3) below. Appeals to <Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7">the Authority</Substitution> with respect to decisions on applications etc.1221Any person aggrieved by—athe refusal of a sewerage undertaker to give a consent for which application has been duly made to the undertaker under section 119 above;bthe failure of a sewerage undertaker to give such a consent within the period of two months beginning with the day after service of the notice containing the application; orcany condition attached by a sewerage undertaker to such a consent,may appeal to the Authority .2On an appeal under this section in respect of a refusal or failure to give a consent, the Authority may give the necessary consent, either unconditionally or subject to such conditions as he thinks fit to impose for determining any of the matters as respects which the undertaker has power to impose conditions under section 121 above.3On an appeal under this section in respect of a condition attached to a consent, the Authority may take into review all the conditions attached to the consent, whether appealed against or not, and may—asubstitute for them any other set of conditions, whether more or less favourable to the appellant; orbannul any of the conditions.4The Authority may, under subsection (3) above, include provision as to the charges to be made in pursuance of any condition attached to a consent for any period before the determination of the appeal.5On any appeal under this section, the Authority may give a direction that the trade effluent in question shall not be discharged until a specified date.6Any consent given or conditions imposed by the Authority under this section in respect of discharges of trade effluent shall have effect for the purposes of this Chapter as if given or imposed by the sewerage undertaker in question.7The powers of the Authority under this section shall be subject to the provisions of sections 123, 128, 133, 135 and 137 below. Appeals with respect to the discharge of special category effluent.1231Where a reference is made to the appropriate agency under section 120 above, the period mentioned in paragraph (b) of subsection (1) of section 122 above shall not begin to run for the purposes of that subsection, in relation to the application to which the reference relates, until the beginning of the day after the appropriate agency serves notice on the sewerage undertaker in question of his determination on the reference.2If, on an appeal under section 122 above, it appears to the Authority —athat the case is one in which the sewerage undertaker in question is required to make a reference under section 120 above before giving a consent; andbthat the undertaker has not made such a reference, whether because the case falls within subsection (3) of that section or otherwise,the Authority shall not be entitled to determine the appeal, otherwise than by upholding a refusal, except where the conditions set out in subsection (3) below are satisfied.3The conditions mentioned in subsection (2) above are satisfied if the Authority —ahas itself referred the questions mentioned in section 120(1) above to the appropriate agency; andbhas been sent a copy of the notice of the appropriate agency's determination on the reference.4Every reference under this section shall be made in writing and shall be accompanied by a copy of the notice containing the application in respect of which the appeal and reference is made.5It shall be the duty of the Authority, on making a reference under this section, to serve a copy of the reference—aon the owner or the occupier of the trade premises in question, according to whether the discharges to which the reference relates are to be by the owner or by the occupier; andbon the sewerage undertaker in question. Variation of consents.1241Subject to sections 128, 133 and 135(3) below, a sewerage undertaker may from time to time give a direction varying the conditions which have been attached to any of its consents under this Chapter to the discharge of trade effluent into a public sewer.2Subject to subsections (3) and (4) and section 125 below, no direction shall be given under this section with respect to a consent under this Chapter—awithin two years from the date of the consent; orbwhere a previous direction has been given under this section with respect to that consent, within two years from the date on which notice was given of that direction.3Subsection (2) above shall not prevent a direction being given before the time specified in that subsection if it is given with the consent of the owner and occupier of the trade premises in question.4A direction given with the consent mentioned in subsection (3) above shall not affect the time at which any subsequent direction may be given.5The sewerage undertaker shall give to the owner and occupier of the trade premises to which a consent under this Chapter relates notice of any direction under this section with respect to that consent.6A notice under subsection (5) above shall—ainclude information as to the right of appeal conferred by subsection (1) of section 126 below; andbstate the date, being a date not less than two months after the giving of the notice, on which (subject to subsection (2) of that section) the direction is to take effect.7For the purposes of this section references to the variation of conditions include references to the addition or annulment of a condition and to the attachment of a condition to a consent to which no condition was previously attached. Variations within time limit.1251A sewerage undertaker may give a direction under section 124 above before the time specified in subsection (2) of that section and without the consent required by subsection (3) of that section if it considers it necessary to do so in order to provide proper protection for persons likely to be affected by the discharges which could lawfully be made apart from the direction.2Subject to section 134(3) below, where a sewerage undertaker gives a direction by virtue of subsection (1) above, the undertaker shall be liable to pay compensation to the owner and occupier of the trade premises to which the direction relates, unless the undertaker is of the opinion that the direction is required—ain consequence of a change of circumstances which—ihas occurred since the beginning of the period of two years in question; andiicould not reasonably have been foreseen at the beginning of that period;andbotherwise than in consequence of consents for discharges given after the beginning of that period.3Where a sewerage undertaker gives a direction by virtue of subsection (1) above and is of the opinion mentioned in subsection (2) above, it shall be the duty of the undertaker to give notice of the reasons for its opinion to the owner and occupier of the premises in question.4For the purposes of this section the circumstances referred to in subsection (2)(a) above may include the information available as to the discharges to which the consent in question relates or as to the interaction of those discharges with other discharges or matter.5The Secretary of State may by regulations make provision as to the manner of determining the amount of any compensation payable under this section, including the factors to be taken into account in determining that amount. Appeals with respect to variations of consent.1261The owner or occupier of any trade premises may—awithin two months of the giving to him under subsection (5) of section 124 above of a notice of a direction under that section; orbwith the written permission of the Authority, at any later time,appeal to the Authority against the direction.2Subject to subsection (3) below, if an appeal against a direction is brought under subsection (1) above before the date specified under section 124(6)(b) above in the notice of the direction, the direction shall not take effect until the appeal is withdrawn or finally disposed of.3In so far as the direction which is the subject of an appeal relates to the making of charges payable by the occupier of any trade premises, it may take effect on any date after the giving of the notice.4On an appeal under subsection (1) above with respect to a direction, the Authority shall have power—ato annul the direction given by the sewerage undertaker; andbto substitute for it any other direction, whether more or less favourable to the appellant;and any direction given by the Authority may include provision as to the charges to be made for any period between the giving of the notice by the sewerage undertaker and the determination of the appeal.5A person to whom notice is given in pursuance of section 125(3) above may, in accordance with regulations made by the Secretary of State, appeal to the Authority against the notice on the ground that compensation should be paid in consequence of the direction to which the notice relates.6On an appeal under subsection (5) above the Authority may direct that section 125 above shall have effect as if the sewerage undertaker in question were not of the opinion to which the notice relates.7Any consent given or conditions imposed by the Authority under this section in respect of discharges of trade effluent shall have effect for the purposes of this Chapter as if given or imposed by the sewerage undertaker in question.8The powers of the Authority under this section shall be subject to the provisions of sections 133, 135 and 137 below. Review by <CommentaryRef Ref="M_F_33983520-5b86-4ab2-e8cb-e745a037a88f"/><Addition ChangeId="M_F_dd0af4ed-d44c-434c-ef9d-34f8f85d6616-1603482575678">the </Addition><Addition ChangeId="M_F_dd0af4ed-d44c-434c-ef9d-34f8f85d6616-1603482575678"><Substitution ChangeId="key-6ce56d90116a0426acf8b0c031fd1ea2-1599835834596" CommentaryRef="key-6ce56d90116a0426acf8b0c031fd1ea2">appropriate agency</Substitution></Addition> of consents relating to special category effluent.1271Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under section 132 below) for the time being authorised by virtue of a consent under this Chapter to make discharges of any special category effluent from those premises into a sewerage undertaker’s public sewer, the appropriate agency may review the questions—awhether the discharges authorised by the consent should be prohibited; andbwhether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are made.2Subject to subsection (3) below, the appropriate agency shall not review any question under this section unless—athe consent or variation by virtue of which the discharges in question are made has not previously been the subject-matter of a review and was given or made—ibefore 1st September 1989; oriiin contravention of section 133 below;ba period of more than two years has elapsed since the time, or last time, when notice of the appropriate agency's determination on any reference or review relating to that consent or the consent to which that variation relates was served under section 132 below on the owner or occupier of the trade premises in question; orcthere has, since the time, or last time, when such a notice was so served, been a contravention of any provision which was included in compliance with a requirement of a notice under section 132 below in the consent or variation by virtue of which the discharges in question are made.3Subsection (2) above shall not apply if the review is carried out—afor the purpose of giving effect to any assimilated obligation or enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party; orbfor the protection of public health or of flora and fauna dependent on an aquatic environment. Application for variation of time for discharge Application for variation of time for discharge.1281If, after a direction has been given under any of the preceding provisions of this Chapter requiring that trade effluent shall not be discharged until a specified date, it appears to the sewerage undertaker in question that in consequence—aof a failure to complete any works required in connection with the reception and disposal of the trade effluent; orbof any other exceptional circumstances,a later date ought to be substituted for the date so specified in the direction, the undertaker may apply to the Authority for such a substitution.2The Authority shall have power, on an application under subsection (1) above, to vary the direction so as to extend the period during which the trade effluent may not be discharged until the date specified in the application or, if it thinks fit, any earlier date.3Not less than one month before making an application under subsection (1) above a sewerage undertaker shall give notice of its intention to the owner and occupier of the trade premises from which the trade effluent is to be discharged.4The Authority, before varying a direction on an application under subsection (1) above, shall take into account any representations made to the Authority by the owner or occupier of the trade premises in question. Agreements with respect the disposal etc. of trade effluent Agreements with respect to the disposal etc of trade effluent.1291Subject to sections 130 and 133 below, a sewerage undertaker may enter into and carry into effect—aan agreement with the owner or occupier of any trade premises within its area for the reception and disposal by the undertaker of any trade effluent produced on those premises;ban agreement with the owner or occupier of any such premises under which it undertakes, on such terms as may be specified in the agreement, to remove and dispose of substances produced in the course of treating any trade effluent on or in connection with those premises.2Without prejudice to the generality of subsection (1) above, an agreement such as is mentioned in paragraph (a) of that subsection may, in particular, provide—afor the construction or extension by the sewerage undertaker of such works as may be required for the reception or disposal of the trade effluent; andbfor the repayment by the owner or occupier, as the case may be, of the whole or part of the expenses incurred by the undertaker in carrying out its obligations under the agreement.3It is hereby declared that the power of a sewerage undertaker to enter into an agreement under this section includes a power, by that agreement, to authorise such a discharge as apart from the agreement would require a consent under this Chapter. Reference to <Addition ChangeId="d29p25817" CommentaryRef="c13219891">the </Addition><Addition ChangeId="d29p25817" CommentaryRef="c13219891"><Substitution ChangeId="key-5290b26517cf828f5da340c9ee6aee69-1599856787674" CommentaryRef="key-5290b26517cf828f5da340c9ee6aee69">appropriate agency</Substitution></Addition> of agreements relating to special category effluent.1301Where a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into an agreement under section 129 above with respect to, or to any matter connected with, the reception or disposal of any special category effluent, it shall be the duty of the undertaker to refer to the appropriate agency the questions—awhether the operations which would, for the purposes of or in connection with the reception or disposal of that effluent, be carried out in pursuance of the proposed agreement should be prohibited; andbwhether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.2It shall be the duty of a sewerage undertaker where it has made a reference under this section not to give any consent or enter into any agreement with respect to any such operations as are mentioned in subsection (1)(a) above at any time before the appropriate agency serves notice on the undertaker of his determination on the reference.3Every reference under this section shall be made in writing and shall be accompanied by a copy of the proposed agreement.4It shall be the duty of a sewerage undertaker, on making a reference under this section, to serve a copy of the reference on the owner or the occupier of the trade premises in question, according to whether it is the owner or occupier who is proposing to be a party to the agreement.7If a sewerage undertaker fails, before giving any consent or entering into any agreement with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above, to refer to the appropriate agency any question which he is required by that subsection to refer to the appropriate agency, the undertaker shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.8If the appropriate agency becomes aware—athat a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into any such agreement as is mentioned in subsection (1) above, andbthat the sewerage undertaker has not referred to the appropriate agency any question which it is required to refer to the appropriate agency by that subsection, the appropriate agency may proceed as if the reference required by that subsection had been made.9If the appropriate agency becomes aware that any consent has been given or agreement entered into with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above without the sewerage undertaker in question having referred to the appropriate agency any question which he is required by that subsection to refer to the appropriate agency, the appropriate agency may exercise its powers of review under section 127 above or, as the case may be, section 131 below, notwithstanding anything in subsection (2) of the section in question. Review by <CommentaryRef Ref="M_F_c7034c0a-43c2-48d1-9fc2-d7d027eb97af"/><Addition ChangeId="M_F_74d3d592-9629-4f45-abbf-ee1d73a7fa96-1603488220668">the </Addition><Addition ChangeId="M_F_74d3d592-9629-4f45-abbf-ee1d73a7fa96-1603488220668"><Substitution ChangeId="key-e349d3cac52d362ff0d449937926198c-1599942271902" CommentaryRef="key-e349d3cac52d362ff0d449937926198c">appropriate agency</Substitution></Addition> of agreements relating to special category effluent.1311Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under section 132 below) for the time being a party to any agreement under section 129 above with respect to, or to any matter connected with, the reception or disposal of special category effluent, the appropriate agency may review the questions—awhether the operations which, for the purposes of or in connection with the reception or disposal of that effluent, are carried out in pursuance of the agreement should be prohibited; andbwhether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.2Subject to subsection (3) below, the appropriate agency shall not review any question under this section unless—athe agreement by virtue of which the operations in question are carried out has not previously been the subject-matter of a review and was entered into—ibefore 1st September 1989; oriiin contravention of section 133 below;ba period of more than two years has elapsed since the time, or last time, when notice of the appropriate agency's determination on any reference or review relating to that agreement was served under section 132 below on the owner or occupier of the trade premises in question; orcthere has, since the time, or last time, when such a notice was so served, been a contravention of any provision which was included in compliance with a requirement of a notice under section 132 below in the agreement by virtue of which the operations in question are carried out.3Subsection (2) above shall not apply if the review is carried out—afor the purpose of giving effect to any assimilated obligation or enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party; orbfor the protection of public health or of flora and fauna dependent on an aquatic environment.4References in this section to an agreement include references to an agreement as varied from time to time by a notice under section 132 below. References and reviews relating to special category effluent Powers and procedure on references and reviews.1321This section applies to—aany reference to the appropriate agency under section 120, 123 or 130 above; andbany review by the appropriate agency under section 127 or 131 above.2On a reference or review to which this section applies, it shall be the duty of the appropriate agency, before determining the questions which are the subject-matter of the reference or review—ato give an opportunity of making representations or objections to the appropriate agency—aiwhere the Environment Agency is the appropriate agency, to the NRBW if the discharge or proposed discharge of special category effluent is from trade premises in England;biwhere the NRBW is the appropriate agency, to the Environment Agency if the discharge or proposed discharge of special category effluent is from trade premises in Wales;ito the sewerage undertaker in question; andiito the following person, that is to say, the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier of those premises who is proposing to be, or is, the person making the discharges or, as the case may be, a party to the agreement;andbto consider any representations or objections which are duly made to the appropriate agency with respect to those questions by a person to whom the appropriate agency is required to give such an opportunity and which are not withdrawn.3On determining any question on a reference or review to which this section applies, the appropriate agency shall serve notice on any person consulted under subsection (2)(a) above.4A notice under this section shall state, according to what has been determined-athat the discharges or operations to which, or to the proposals for which, the reference or review relates, or such of them as are specified in the notice, are to be prohibited; orbthat those discharges or operations, or such of them as are so specified, are to be prohibited except in so far as they are made or carried out in accordance with conditions which consist in or include conditions so specified; orcthat the appropriate agency has no objection to those discharges or operations and does not intend to impose any requirements as to the conditions on which they are made or carried out.5Without prejudice to section 133 below, a notice under this section, in addition to containing such provision as is specified in sub-paragraph (4) above, may do one or both of the following, that is to say—avary or revoke the provisions of a previous notice with respect to the discharges or operations in question; andbfor the purpose of giving effect to any prohibition or other requirement contained in the notice, vary or revoke any consent under this Chapter or any agreement under section 129 above.6Nothing in subsection (1) or (2) of section 121 above shall be construed as restricting the power of the appropriate agency, by virtue of subsection (4)(b) above, to specify such conditions as the appropriate agency considers appropriate in a notice under this section.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 The appropriate agency shall send a copy of every notice served under this section to the Authority. Effect of determination on reference or review.1331Where a notice under section 132 above has been served on a sewerage undertaker, it shall be the duty—aof the undertaker; andbin relation to that undertaker, of the Authority,so to exercise the powers to which this section applies as to secure compliance with the provisions of the notice.2This paragraph applies to the following powers, that is to say-ain relation to a sewerage undertaker, its power to give a consent under this Chapter, any of its powers under section 121 or 124 above and any power to enter into or vary an agreement under section 129 above; andbin relation to the Authority, any of its powers under this Chapter.3Nothing in subsection (1) or (2) of section 121 above shall be construed as restricting the power of a sewerage undertaker, for the purpose of complying with this section, to impose any condition specified in a notice under section 132 above.5A sewerage undertaker which fails to perform its duty under subsection (1) above shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.6The appropriate agency may, for the purpose of securing compliance with the provisions of a notice under section 132 above, by serving notice on any person consulted under section 132(2)(a) above, vary or revoke—aany consent given under this Chapter to make discharges of any special category effluent, orbany agreement under section 129 above. Compensation in respect of determinations made for the protection of public health etc.1341Subject to subsection (2) below, the appropriate agency shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under section 132 above containing the appropriate agency's determination on a review which—ahas been carried out for the protection of public health or of flora and fauna dependent on an aquatic environment; andbbut for being so carried out would have been prohibited by virtue of section 127(2) or 131(2) above.2The appropriate agency shall not be required to pay any compensation under this section if the determination in question is shown to have been given in consequence of—aa change of circumstances which could not reasonably have been foreseen at the time when the period of two years mentioned in section 127(2) or, as the case may be, section 131(2) above began to run; orbconsideration by the appropriate agency of material information which was not reasonably available to the appropriate agency at that time.3No person shall be entitled to any compensation under section 125 above in respect of anything done in pursuance of section 133 above.4In this section “the relevant person”, in relation to a review, means the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier who makes the discharges to which the review relates or, as the case may be, is a party to the agreement to which it relates. Supplemental provisions of Chapter III Restrictions on power to fix charges under Chapter III.1351On any appeal under section 122 or 126(1) above conditions providing for the payment of charges to the sewerage undertaker in question shall not be determined by the Authority except in so far as no provision is in force by virtue of a charges scheme under section 143 below in respect of any such receptions, discharges, removals or disposals of effluent or substances as are of the same description as the reception, discharge, removal or disposal which is the subject-matter of the appeal.2In so far as any such conditions as are mentioned in subsection (1) above do fall to be determined by the Authority, they shall be determined having regard to the desirability of that undertaker’s—arecovering the expenses of complying with its obligations in consequence of the consent or agreement to which the conditions relate; andbsecuring a reasonable return on its capital.3To the extent that subsection (1) above excludes any charges from a determination on an appeal those charges shall be fixed from time to time by a charges scheme under section 143 below but not otherwise.<CommentaryRef Ref="c13220141"/><Addition ChangeId="d29p26403">Power of the </Addition><Addition ChangeId="d29p26403"><Substitution ChangeId="key-7355fc8272f7b686e3d40b323fa5eebe-1599754417154" CommentaryRef="key-7355fc8272f7b686e3d40b323fa5eebe">appropriate agency</Substitution></Addition><Addition ChangeId="d29p26403"> to acquire information for the purpose of its functions in relation to special category effluent.</Addition>135A1For the purpose of the discharge of its functions under this Chapter, the appropriate agency may, by notice in writing served on any person, require that person to furnish such information specified in the notice as that appropriate agency reasonably considers it needs, in such form and within such period following service of the notice, or at such time, as is so specified.2A person who—afails, without reasonable excuse, to comply with a requirement imposed under subsection (1) above, orbin furnishing any information in compliance with such a requirement, makes any statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular,shall be guilty of an offence.3A person guilty of an offence under subsection (2) above shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. Evidence from meters etc.136Any meter or apparatus provided in pursuance of this Chapter in any trade premises for the purpose of measuring, recording or determining the volume, rate of discharge, nature or composition of any trade effluent discharged from those premises shall be presumed in any proceedings to register accurately, unless the contrary is shown. Statement of case on appeal.1371At any stage of the proceedings on an appeal under section 122 or 126(1) above, the Authority may, and if so directed by the High Court shall, state in the form of a special case for the decision of the High Court any question of law arising in those proceedings.2The decision of the High Court on a special case under this section shall be deemed to be a judgment of the Court within the meaning of section 16 of the Senior Courts Act 1981(which relates to the jurisdiction of the Court of Appeal); but no appeal to the Court of Appeal shall be brought by virtue of this subsection except with the leave of the High Court or of the Court of Appeal. Meaning of “special category effluent”.1381Subject to subsections (1A) and (2) below, trade effluent shall be special category effluent for the purposes of this Chapter if—asuch substances as may be prescribed under this Act are present in the effluent or are present in the effluent in prescribed concentrations; orbthe effluent derives from any such process as may be so prescribed or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.1AIf trade effluent is produced, or to be produced, by operating any Part A installation or Part A mobile plant or otherwise carrying on any Part A activity , the operation or carrying on of which requires a permit, that effluent shall not be special category effluent for the purposes of this Chapter as from the determination date relating to the installation, plant or activity in question.1BIn subsection (1A)—a“determination date”, in relation to an installation, plant or activity, means—iin the case of an installation, plant or activity in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;iiin the case of an installation, plant or activity in relation to which the grant of a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal,and in this paragraph the references to an appeal are references to an appeal under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);aathe expressions “Part A activity”, “Part A installation” and “Part A mobile plant” have the same meaning as in those Regulations;b“permit” means a permit granted under those Regulations.2Trade effluent shall not be special category effluent for the purposes of this Chapter if it is produced, or to be produced, in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.3In subsection (2) above “determination date”, in relation to a prescribed process, means—ain the case of a process for which authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;bin the case of a process for which authorisation is refused, the date of refusal or, on appeal, of the affirmation of the refusal.4In subsection (2) and (3) above—a“authorisation”, “enforcing authority” and “prescribed process” have the meanings given by section 1 of the Environmental Protection Act 1990; andbthe references to designation for central control and to an appeal are references, respectively, to designation under section 4 of that Act and to an appeal under section 15 of that Act.5Without prejudice to the power in subsection (3) of section 139 below, nothing in this Chapter shall enable regulations under this section to prescribe as special category effluent any liquid or matter which is not trade effluent but falls to be treated as such for the purposes of this Chapter by virtue of an order under that section. Power to apply Chapter III to other effluents.1391The Secretary of State may by order provide that, subject to section 138(5) above, this Chapter shall apply in relation to liquid or other matter of any description specified in the order which is discharged into public sewers as it applies in relation to trade effluent.2An order applying the provisions of this Chapter in relation to liquid or other matter of any description may provide for it to so apply subject to such modifications (if any) as may be specified in the order and, in particular, subject to any such modification of the meaning for the purposes of this Chapter of the expression “trade premises” as may be so specified.3The Secretary of State may include in an order under this section such provisions as appear to him expedient for modifying any enactment relating to sewage as that enactment applies in relation to the discharge into sewers of any liquid or other matter to which any provisions of this Chapter are applied by an order under this section.4The Secretary of State may include in an order under this section such other supplemental, incidental and transitional provision as appears to him to be expedient.5The power to make an order under this section shall be exercisable by statutory instrument; and no order shall be made under this section unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. Pre-1989 Act authority for trade effluent discharges etc.140Schedule 8 to this Act shall have effect (without prejudice to the provisions of the Water Consolidation (Consequential Provisions) Act 1991 or to sections 16 and 17 of the Interpretation Act 1978) for the purpose of making provision in respect of certain cases where trade effluent was discharged in accordance with provision made before the coming into force of the Water Act 1989. Interpretation of Chapter III Interpretation of Chapter III.1411In this Chapter, except in so far as the context otherwise requires— “appropriate agency” means—in relation to the discharge or proposed discharge of special category effluent to a public sewer that directly or indirectly discharges or is to discharge (other than via a storm-water overflow sewer) that effluent to any controlled waters in England, the Environment Agency;in relation to the discharge or proposed discharge of special category effluent to a public sewer that directly or indirectly discharges or is to discharge (other than via a storm-water overflow sewer) that effluent to any controlled waters in Wales, the NRBW; “special category effluent” has the meaning given by section 138 above;“trade effluent”—ameans any liquid, either with or without particles of matter in suspension in the liquid, which is wholly or partly produced in the course of any trade or industry carried on at trade premises; andbin relation to any trade premises, means any such liquid which is so produced in the course of any trade or industry carried on at those premises,but does not include domestic sewage;“trade premises” means, subject to subsection (2) below, any premises used or intended to be used for carrying on any trade or industry.2For the purposes of this Chapter any land or premises used or intended for use (in whole or in part and whether or not for profit)—afor agricultural or horticultural purposes or for the purposes of fish farming; orbfor scientific research or experiment,shall be deemed to be premises used for carrying on a trade or industry; and the references to a trade or industry in the definition of “trade effluent” in subsection (1) above shall include references to agriculture, horticulture, fish farming and scientific research or experiment.3Every application or consent made or given under this Chapter shall be made or given in writing.4Nothing in this Chapter shall affect any right with respect to water in a river stream or watercourse, or authorise any infringement of such a right, except in so far as any such right would dispense with the requirements of this Chapter so far as they have effect by virtue of any regulations under section 138 above.CHAPTER 4<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02">Storm overflows</Addition><Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02">Storm overflow discharge reduction plan</Addition>141A1The Secretary of State must prepare a plan for the purposes of—areducing discharges from the storm overflows of sewerage undertakers whose area is wholly or mainly in England, andbreducing the adverse impacts of those discharges.2The reference in subsection (1)(a) to reducing discharges of sewage includes—areducing the frequency and duration of the discharges, andbreducing the volume of the discharges.3The reference in subsection (1)(b) to reducing adverse impacts includes—areducing adverse impacts on the environment, andbreducing adverse impacts on public health.4The plan may in particular include proposals for—areducing the need for anything to be discharged by the storm overflows;btreating sewage that is discharged by the storm overflows;cmonitoring the quality of watercourses, bodies of water or water in underground strata into which the storm overflows discharge;dobtaining information about the operation of the storm overflows.5When preparing the plan the Secretary of State must consult—athe Environment Agency,bthe Authority,cthe Council,dNatural England,esewerage undertakers whose area is wholly or mainly in England, or persons representing them, andfsuch other persons as the Secretary of State considers appropriate.6The Secretary of State must publish the plan before 1 September 2022.7The Secretary of State may at any time revise the plan, having consulted the persons referred to in subsection (5), and must publish any revised version.8The plan, and any revised version of it, must be laid before Parliament once it is published.<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02">Progress reports on storm overflow discharge reduction plan</Addition>141B1The Secretary of State must publish reports (“progress reports”) relating to the plan under section 141A.2A progress report is to contain the Secretary of State’s assessment of—athe progress made, during the period to which the report relates, in implementing the proposals in the plan (or any revised version of it), andbthe effect of that progress on the matters referred to in section 141A(1)(a) and (b).3The first progress report must relate to the period of three years beginning with the day on which the plan under section 141A is first published.4Subsequent progress reports must relate to successive periods of five years after the period referred to in subsection (3).5A progress report must be published within 12 weeks following the last day of the period to which it relates.6A progress report must be laid before Parliament once it is published.<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02">Annual reports on discharges from storm overflows</Addition>141C1A sewerage undertaker whose area is wholly or mainly in England must publish annual reports in relation to the undertaker’s storm overflows (“storm overflow reports”).2A storm overflow report must specify, for each of the sewerage undertaker’s storm overflows—athe location of the storm overflow;bthe watercourse, body of water or underground strata into which the storm overflow discharges;cthe frequency and duration of discharges from the storm overflow in the period to which the report relates;dwhere the information is available, the volume of each discharge in that period;einformation on any investigations that have taken place or improvement works that have been undertaken in relation to the storm overflow during that period.3Storm overflow reports are to relate to successive calendar years, starting with 2021.4A storm overflow report must be published by a sewerage undertaker before 1 April in the year after the calendar year to which it relates.5A storm overflow report must—abe in a form which allows the public readily to understand the information contained in the report, andbbe published in a way which makes the report readily accessible to the public.6The duties of a sewerage undertaker under this section are enforceable under section 18 by—athe Secretary of State, orbthe Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02">Environment Agency reports</Addition>141D1The Environment Agency must publish annual reports in relation to the operation of storm overflows of sewerage undertakers whose area is wholly or mainly in England.2A report under this section must specify—athe location of the storm overflows;bthe watercourse, body of water or underground strata into which the storm overflows discharge;cthe frequency and duration of discharges from the storm overflows in the period to which the report relates;dwhere the information is available, the volume of each discharge in that period.3Reports under this section are to relate to successive calendar years, starting with 2021.4A storm overflow report must be published by the Environment Agency —abefore 1 April in the year after the calendar year to which it relates, andbin such manner as the Environment Agency thinks fit.<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02"><Addition ChangeId="key-9cbb179ee88d2a3bd8528602512fa84b-1716199473381" CommentaryRef="key-9cbb179ee88d2a3bd8528602512fa84b">Reporting on discharges from storm overflows</Addition></Addition>141DA1Where there is a discharge from a storm overflow of a sewerage undertaker whose area is wholly or mainly in England, the undertaker must publish the following information—athat there has been a discharge from the storm overflow;bthe location of the storm overflow;cwhen the discharge began;dwhen the discharge ended.2The information referred to in subsection (1)(a) to (c) must be published within an hour of the discharge beginning; and that referred to in subsection (1)(d) within an hour of it ending.3The information must—abe in a form which allows the public readily to understand it, andbbe published in a way which makes it readily accessible to the public.4The duty of a sewerage undertaker under this section is enforceable under section 18 by—athe Secretary of State, orbthe Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.5The Secretary of State may by regulations make provision for exceptions from the duty in subsection (1) or (2) (for example, by reference to descriptions of storm overflows, frequency of discharge or the level of risk to water quality).6Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.7The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02"><Addition ChangeId="key-9249b75390dc65b5288e519108ec7f0b-1704289205349" CommentaryRef="key-9249b75390dc65b5288e519108ec7f0b">Monitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works</Addition></Addition>141DB1A sewerage undertaker whose area is wholly or mainly in England must continuously monitor the quality of water upstream and downstream of an asset within subsection (2) for the purpose of obtaining the information referred to in subsection (3).2The assets referred to in subsection (1) are—aa storm overflow of the sewerage undertaker, andbsewage disposal works comprised in the sewerage system of the sewerage undertaker,where the storm overflow or works discharge into a watercourse.3The information referred to in subsection (1) is information as to the quality of the water by reference to—alevels of dissolved oxygen,btemperature and pH values,cturbidity,dlevels of ammonia, andeanything else specified in regulations made by the Secretary of State.4The duty of a sewerage undertaker under this section is enforceable under section 18 by—athe Secretary of State, orbthe Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.5The Secretary of State may by regulations make —aprovision as how the duty under subsection (1) is to be carried out (for example, provision as to the type of monitor to be used and where monitors must be placed);bprovision for exceptions from the duty in subsection (1) (for example, by reference to descriptions of asset, frequency of discharge from an asset or the level of risk to water quality);cprovision for the publication by sewerage undertakers of information obtained pursuant to subsection (1).6Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.7The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.<Addition ChangeId="key-eae41505e805d44977b06719313e1b02-1643825074209" CommentaryRef="key-eae41505e805d44977b06719313e1b02">Interpretation of Chapter 4</Addition>141E1In this Chapter, references to a storm overflow of a sewerage undertaker are to any structure or apparatus—awhich is comprised in the sewerage system of the sewerage undertaker, andbwhich, when the capacity of other parts of the system downstream or of storage tanks at sewage disposal works is exceeded, relieves them by discharging their excess contents into inland waters, underground strata or the sea.2References in this Chapter to discharges from a storm overflow do not include discharges occurring as a result of—aelectrical power failure at sewage disposal works,bmechanical breakdown at sewage disposal works,crising main failure, ordblockage of any part of the sewerage system downstream of the storm overflow.3Section 17BA(7) (meaning of sewerage system of a sewerage undertaker) applies for the purposes of subsection (1).Part V FINANCIAL PROVISIONS CHAPTER I CHARGES Manner of fixing charges Powers of undertakers to charge.1421Subject to the following provisions of this Chapter, the powers of every relevant undertaker shall include power—ato fix charges for any services provided in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; andbto demand and recover charges fixed under this section from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.2Subject to subsections (2A), (3)and (3A) below, the powers conferred by subsection (1) above shall be exercisable—aby or in accordance with a charges scheme under section 143 below; orbby or in accordance with agreements with the persons to be charged.2AParagraph (b) of subsection (2) above shall not have effect in relation to—acharges for the supply of water to a dwelling, orbcharges for the provision of sewerage services in respect of a dwelling,but this subsection does not affect any agreement made before the commencement of section 3 of the Water Industry Act 1999.2BIn subsection (2A) above, “dwelling” has the meaning given by paragraph 1(2) of Schedule 4A to this Act.3Paragraph (b) of subsection (2) above shall have effect in relation to the exercise of powers with respect to charges in connection with the carrying out of a sewerage undertaker’s trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with section 129 above.3AThe power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below.4Except in so far as this Chapter otherwise provides, a relevant undertaker may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.5The powers in relation to which this section has effect shall not be exercised so as to contravene any local statutory provision which expressly provides that no charge shall be made for a particular service.6Nothing in subsections (1) to (5) above or in any charges scheme under section 143 below shall affect any power of a relevant undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.6AIf an undertaker makes an agreement that falls within subsection (2)(b), it must notify the Authority of the provisions of the agreement.6BThe requirement in subsection (6A) is enforceable by the Authority under section 18.7References in this section to a sewerage undertaker’s trade effluent functions are references to its functions under Chapter III of Part IV of this Act. Charges schemes.1431A relevant undertaker may make a scheme (“a charges scheme”) which has effect in relation to a specified period of twelve months anddoes any one or more of the following, that is to say—afixes the charges to be paid for any services provided by the undertaker in the course of carrying out its functions;bin the case of a sewerage undertaker, requires such charges as may be fixed by the scheme to be paid to the undertaker where, in the circumstances set out in the scheme—ia notice containing an application for a consent is served on the undertaker under section 119 above;iisuch a consent as is necessary for the purposes of Chapter III of Part IV of this Act is given by the undertaker; oriiia discharge is made in pursuance of such a consent;andcmakes provision with respect to the times and methods of payment of the charges fixed by the scheme.2The persons who may be required by a charges scheme to pay any charge fixed by virtue of subsection (1)(b) above shall be the person who serves the notice, the person to whom the consent is given or, as the case may be, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.3A charges scheme which requires the payment of charges where a discharge has been made in pursuance of such a consent as is mentioned in subsection (1)(b) above may impose—aa single charge in respect of the whole period for which the consent is in force;bseparate charges in respect of different parts of that period; orcboth such a single charge and such separate charges.3AA sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker’s costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker’s customers generally; and a sewerage undertaker’s duty under this subsection shall be enforceable under section 18 above—aby the Secretary of State; orbwith the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.4A charges scheme may—amake different provision for different cases, including different provision in relation to different circumstances or localities; andbcontain supplemental, consequential and transitional provision for the purposes of the scheme;and such a scheme may revoke or amend a previous charges scheme.5Nothing in any charges scheme shall affect—aany power of a relevant undertaker in a case not falling within section 142(2A) aboveto enter into such an agreement with any person in any particular case as determines the charges to be made for the services provided to that person by the undertaker; orbthe power of a sewerage undertaker to enter into any agreement under section 129 above on terms that provide for the making of payments to the undertaker.6If the Authority considers that a relevant undertaker's charges scheme does not comply with—asubsection (2), (3) or (5),bregulations under section 143A,crules under section 143B, ordsection 144A(9), (10) or (11)(a),the Authority may give the undertaker a direction to do, or not to do, a thing specified in the direction.6AThe Authority must issue rules (and, if it revises rules it has issued, must issue revised rules) about consulting the Council about proposed charges schemes.6BThe rules must require a relevant undertaker that proposes to make a charges scheme to consult the Council about its proposed scheme.6CIf the Authority considers that a relevant undertaker has not complied with those rules, it may give the undertaker a direction to do, or not to do, a thing specified in the direction.6DIt is the duty of a relevant undertaker to comply with a direction under subsection (6) or (6C), and this duty is enforceable by the Authority under section 18.<Addition ChangeId="d29p27117" CommentaryRef="c13220531"> Regulations as to provisions to be included in charges schemes.</Addition>143A1The provisions of any charges scheme under section 143 above must comply with any requirements prescribed by the Secretary of State by regulations.2Without prejudice to the generality of subsection (1) above, regulations under this section may—aprescribe items with respect to which a consumer is, or is not, to be liable to pay a charge;bmake provision as to the matters by reference to which charges may be fixed and as to methods and principles to be adopted in calculating and imposing charges;crequire alternative bases of charging to be made available to consumers; anddrequire special provision, including exemption from specified charges, to be made for the purpose of assisting individuals who are or would be liable to pay any charges and who fall within any class of individuals appearing to the Secretary of State to require special provision.3Regulations under this section imposing requirements for the purpose mentioned in subsection (2)(d) may—aprescribe the classes of persons for whom special provision is to be made in relation to any premises by reference to matters such as age, ill-health or disability, the age, ill-health or disability of any of their dependants or of any other persons who have their homes in the premises, or their financial circumstances;bmake provision as to the method by which a person may establish his entitlement to assistance under the regulations or, in the case of regulations made by the Secretary of State (rather than the Welsh Ministers), by which that entitlement is otherwise to be established; andcmake provision as to responsibility for costs incurred for the purpose of establishing that entitlement.4The power to make regulations under this section may not be exercised for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.<Addition ChangeId="key-7ac5834387d334e4427c2a78d08a9e4b-1746713146555" CommentaryRef="key-7ac5834387d334e4427c2a78d08a9e4b">Special provision under section 143A: financial arrangements</Addition>143AA1Subsection (2) applies if regulations under section 143A impose on relevant undertakers whose areas are wholly or mainly in England requirements of the sort described in subsection (2)(d) of that section.2The Secretary of State may by regulations establish a scheme for the purpose of distributing among the relevant undertakers that are subject to the requirements all or part of the costs incurred by them in complying with the requirements (with the distribution to be on such basis as is provided for in the regulations).3The scheme may operate by way of—adirect payments between relevant undertakers, orbpayments into and out of a fund established and maintained under the regulations.4Subsections (5) and (6) apply if a scheme is established under subsection (2).5If the Secretary of State or the Authority makes price control provision, they must design the provision with a view to not preventing the passing-on of costs as described in subsection (7).6The Secretary of State may by regulations—amake provision about how the Authority is to comply with subsection (5);bmodify the effect of any price control provision made by the Authority with a view to enabling the passing-on of costs as described in subsection (7).7The passing-on of costs occurs when a relevant undertaker is able to recoup its relevant net costs by charging additional amounts under section 142(1).8An undertaker’s relevant net costs are the total of its costs incurred in—acomplying with the requirements referred to in subsection (1), andbcomplying with the requirements of the scheme,less any payments it receives under the scheme.9In this section, “price control provision” means provision made by or under—aregulations under section 143A,brules under section 143B, orca condition of a relevant undertaker’s appointment under Chapter 1 of Part 2,that restricts the amount that may be charged by a relevant undertaker under section 142(1).10Where a determination within section 12(3) (determination by CMA provided for by undertaker’s appointment) involves the making of price control provision, subsections (5) and (6) apply in relation to the CMA as they apply in relation to the Authority.<Addition ChangeId="key-7ac5834387d334e4427c2a78d08a9e4b-1746713146555" CommentaryRef="key-7ac5834387d334e4427c2a78d08a9e4b">Special provision under section 143A: consultation</Addition>143AB1This section applies to—aregulations under section 143A that, in relation to relevant undertakers whose areas are wholly or mainly in England, make provision of the sort described in subsection (2)(d) of that section, andbregulations under section 143AA.2Before making regulations to which this section applies, the Secretary of State must (subject to subsection (3)) consult—athe Authority,bthe relevant undertakers to which the regulations would apply, andcsuch other persons as the Secretary of State considers appropriate.3But the Secretary of State does not have to consult if—athe regulations only amend earlier regulations, andbthe Secretary of State considers that the amendments are sufficiently minor that consultation is unnecessary.<CommentaryRef Ref="M_C_fd285f9e-1381-4b18-960e-a1a58683e277"/><Addition ChangeId="key-ab5bcc1326204b4bebf89b4c8595ac51-1605553864461" CommentaryRef="key-ab5bcc1326204b4bebf89b4c8595ac51">Rules about charges schemes</Addition>143B1The Authority may issue rules about charges schemes under section 143.2Rules under this section may in particular—amake provision about the types of charges that may be imposed;bmake provision about the amount or maximum amount, or the methods for determining the amount or maximum amount, of any type of charge;cmake provision about the principles for determining what types of charges may or may not be imposed;dmake provision about principles for determining the amount of any charge that may be imposed;erequire particular schemes of charges to be available in specified cases;fmake provision about the timing of payment of charges;grequire charges schemes to be published;hmake provision about how charges schemes are to be published.3The rules may provide for the reduction of charges under a charges scheme where conditions specified by the rules are satisfied.4Rules made by virtue of subsection (3) may in particular specify conditions about—ataking steps for the purpose of reducing or managing water consumption;btaking steps for the purpose of reducing or managing the discharge of matter from premises;ctaking steps for the purpose of reducing the volume of surface water entering public sewers or the rate at which it does so.5The provisions of charges schemes must comply with rules issued under this section.6The rules may make different provision for different cases, including different provision in relation to different, or different descriptions of, persons, circumstances or localities.7The power to make rules under this section may not be exercised for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.8The Authority may from time to time revise rules issued under this section and issue revised rules.9The Authority must issue revised rules if—aguidance is issued under section 143E, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.10Revised rules may include provision for applying any of their revisions to charges schemes under section 143 made before the revised rules come into effect.<CommentaryRef Ref="M_C_4d8100a8-1110-4719-e9f4-0e96a98c7425"/><Addition ChangeId="key-ab5bcc1326204b4bebf89b4c8595ac51-1605553864461" CommentaryRef="key-ab5bcc1326204b4bebf89b4c8595ac51">Rules under section 143B: procedure</Addition>143C1The Authority must have regard to guidance issued under section 143E in making rules under section 143B (as well as to any guidance issued under section 43 or 44 of the Flood and Water Management Act 2010).2Before issuing rules under section 143B, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;dany relevant undertakers likely to be affected by the rules;esuch other persons as the Authority thinks appropriate.4The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed rules.5Before rules under section 143B prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.6In subsection (5) “the Minister” means—athe Secretary of State, so far as the rules in question affect relevant undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the rules in question affect relevant undertakers whose areas are wholly or mainly in Wales.7A 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 prepared by the Authority may not be issued before that period of 28 days has expired.8This section is subject to section 143D.<CommentaryRef Ref="M_C_056248c9-a86a-46d0-e166-53e1d73f0a70"/><Addition ChangeId="key-ab5bcc1326204b4bebf89b4c8595ac51-1605553864461" CommentaryRef="key-ab5bcc1326204b4bebf89b4c8595ac51">Rules under section 143B: minor or urgent revisions</Addition>143D1This section applies if the Authority proposes to issue revised rules under section 143B and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 143C does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 143C.<CommentaryRef Ref="M_C_58ad290b-718f-486f-878e-b9a480db258d"/><Addition ChangeId="key-ab5bcc1326204b4bebf89b4c8595ac51-1605553864461" CommentaryRef="key-ab5bcc1326204b4bebf89b4c8595ac51">Rules under section 143B: guidance</Addition>143E1The Minister may issue guidance as to the content of rules under section 143B.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe Secretary of State, in relation to relevant undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, in relation to relevant undertakers whose areas are wholly or mainly in Wales. Liability of occupiers etc. for charges.1441Subject to the following provisions of this section and except in so far as provision to the contrary is made by any agreement to which the undertaker is a party—asupplies of water provided by a water undertaker shall be treated for the purposes of this Chapter as services provided to the occupiers for the time being of any premises supplied; andbsewerage services provided by a sewerage undertaker shall be treated for the purposes of this Chapter as provided to the occupiers for the time being of any premises which—iare drained by a sewer or drain connecting, either directly or through an intermediate sewer or drain, with such a public sewer of the undertaker as is provided for foul water or surface water or both; oriiare premises the occupiers of which have, in respect of the premises, the benefit of facilities which drain to a sewer or drain so connecting.2Subject to subsection (3) below, charges which, under the preceding provisions of this Chapter, are fixed in relation to any premises by reference to volume may be imposed so that a person is made liable in relation to those premises to pay charges for services provided by a relevant undertaker after that person has ceased to be the occupier of the premises.3A person shall not be made liable by virtue of subsection (2) above for any charges fixed in relation to any premises by any relevant undertaker, except where—ahe fails to inform the undertaker of the ending of his occupation of the premises at least two working days before he ceases to occupy them; andbthe charges are in respect of a period ending no later than with the first relevant day.4For the purposes of subsection (3) above, “the first relevant day”, in relation to a case in which a person has ceased to be the occupier of any premises in relation to which charges are fixed by a relevant undertaker, means whichever of the following first occurs after he ceases to occupy the premises, that is to say—awhere that person informs the undertaker of the ending of his occupation of the premises less than two working days before, or at any time after, he ceases to occupy them, the twenty-eighth day after he so informs the undertaker;bany day on which any meter would normally have been read in order for the amount of the charges to be determined;cany day on which any other person informs the undertaker that he has become the new occupier of the premises.5Where—aany person who is the occupier of any premises to which a supply of water is provided by a water undertaker has served notice on the undertaker for the purposes of section 62 above; andbthat notice is given otherwise than in connection with that person’s ceasing to be the occupier of the premises in a case in which provision is made by virtue of subsection (2) above for a person who has ceased to be the occupier of the premises to be made liable for any charges,then, notwithstanding that that person continues to be the occupier of those premises, he shall not be liable to the undertaker (otherwise than in pursuance of a demand for a supply made since the service of the notice) for any charges in respect of any supply of water to those premises after the appropriate time.6In subsection (5) above “the appropriate time”, in relation to a case in which a notice has been served for the purposes of section 62 above, means whichever is the later of—athe expiry of the notice; andbthe end of the period of two working days beginning with the service of the notice.7In this section any reference to two working days is a reference to a period of forty-eight hours calculated after disregarding any time falling on—aa Saturday or Sunday; orbChristmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.8Where, in the case of any premises—athe person who was liable, immediately before 1st September 1989, to pay charges in respect of a supply of water to those premises was the owner of those premises, rather than the occupier;bthat person was so liable (under section 54 of Schedule 3 to the Water Act 1945 or any other local statutory provision) otherwise than by virtue of an agreement; andcthe person who was in fact the occupier of the premises on that date has not ceased to be the occupier before the coming into force of this Act,then the person who is the owner from time to time of those premises shall continue, until the person mentioned in paragraph (c) above does cease to be the occupier of the premises, to be the person liable and, accordingly, shall be treated for the purposes of this section as if he were the occupier of the premises.<Emphasis><Addition ChangeId="key-7b7d9e18afca32aa3fb9845353bacfa8-1605391161220" CommentaryRef="key-7b7d9e18afca32aa3fb9845353bacfa8">Rules about undertakers' charges</Addition></Emphasis><Addition ChangeId="key-7b7d9e18afca32aa3fb9845353bacfa8-1605391161220" CommentaryRef="key-7b7d9e18afca32aa3fb9845353bacfa8">Rules about charges for connections </Addition><Addition ChangeId="key-7b7d9e18afca32aa3fb9845353bacfa8-1605391161220" CommentaryRef="key-7b7d9e18afca32aa3fb9845353bacfa8">etc</Addition>144ZA1The Authority may issue rules about charges that may be imposed by a relevant undertaker under—asection 42(2)(a) (provision of new water main);bsection 45(6) (connections with water main);csection 46(7)(b) (ancillary works for domestic connection);dsection 99(2)(a) or (2A)(a) (provision of public sewer or lateral drain);esection 101B(3) (lateral drains);fsection 107(3)(b)(i) (communications with public sewers);gsection 185(5) (moving of pipes etc).2Rules under this section may in particular—amake provision about the types of charges that may be imposed;bmake provision about the amount or maximum amount, or the methods for determining the amount or maximum amount, of any type of charge;cmake provision about the principles for determining what types of charges may or may not be imposed;dmake provision about the principles for determining the amount of any charge that may be imposed;eprovide for charges to be payable over a period;fmake provision about publication of the charges that may be imposed.3The charges that may be imposed by a water undertaker under section 42(2)(a) for the provision of a new water main may include charges for—aproviding such other infrastructure, including other water mains, as it is necessary to provide in consequence of the provision of the new water main;bdoing works to increase the capacity of an existing water main, or procuring the doing of such works, where the use of that increased capacity is a consequence of the provision of the new water main.4The charges that may be imposed by a sewerage undertaker under section 99(2)(a) for the provision of a new public sewer may include charges for—aproviding such other infrastructure, including other public sewers, as it is necessary to provide in consequence of the provision of the new public sewer;bdoing works to increase the capacity of an existing public sewer, where the use of that increased capacity is a consequence of the provision of the new public sewer.5The rules may make provision as to—athe amount of security that may be required by a relevant undertaker under section 42(1)(b), 47(2)(a), 99(1)(b), 101B(3A), 107(3)(b)(ii) or 185(4);bthe type of security that may be required;cthe payment of interest on a sum deposited with a relevant undertaker by way of security.6If the Authority considers that a relevant undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a thing specified in the direction.7It is the duty of a relevant undertaker to comply with a direction under subsection (6), and this duty is enforceable by the Authority under section 18.8The rules may make—adifferent provision for different persons or different descriptions of person;bdifferent provision for different powers to impose charges or different descriptions of such powers.9The Authority may from time to time revise rules issued under this section and issue revised rules.10The Authority must issue revised rules if—aguidance is issued under section 144ZD, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise the rules.<Addition ChangeId="key-7b7d9e18afca32aa3fb9845353bacfa8-1605391161220" CommentaryRef="key-7b7d9e18afca32aa3fb9845353bacfa8">Rules under section 144ZA: procedure</Addition>144ZB1The Authority must have regard to guidance issued under section 144ZD in making rules under section 144ZA.2Before issuing rules under section 144ZA, the Authority must—aprepare a draft of the proposed rules, andbconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;dany relevant undertakers likely to be affected by the rules;eany water supply or sewerage licensees likely to be affected by the rules;fsuch other persons as the Authority thinks appropriate.4The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed rules.5Before rules under section 144ZA prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.6In subsection (5) “the Minister” means—athe Secretary of State, so far as the rules in question affect relevant undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, so far as the rules in question affect relevant undertakers whose areas are wholly or mainly in Wales.7A 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 prepared by the Authority may not be issued before that period of 28 days has expired.8This section is subject to section 144ZC.<Addition ChangeId="key-7b7d9e18afca32aa3fb9845353bacfa8-1605391161220" CommentaryRef="key-7b7d9e18afca32aa3fb9845353bacfa8">Rules under section 144ZA: minor or urgent revisions</Addition>144ZC1This section applies if the Authority proposes to issue revised rules under section 144ZA and, in the view of the Authority, the revision or each of the revisions proposed to be made is—aa revision for which consultation is unnecessary, orba revision that it is necessary or desirable to make without delay.2Section 144ZB does not apply to the proposed revised rules.3Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.4Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.5A 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—athat period of 14 days expires, orbthe Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,whichever is the sooner.6Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—athe issuing of the revised rules, andbas regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).7Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.8Unless 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.9In this section “the Minister” has the meaning given by section 144ZB.<Addition ChangeId="key-7b7d9e18afca32aa3fb9845353bacfa8-1605391161220" CommentaryRef="key-7b7d9e18afca32aa3fb9845353bacfa8">Rules under section 144ZA: guidance</Addition>144ZD1The Minister must issue guidance as to the content of rules under section 144ZA.2Before issuing the guidance, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft.3The relevant persons are—athe Secretary of State;bthe Welsh Ministers;csuch other persons as the Minister thinks appropriate.4The Minister may from time to time revise the guidance and issue revised guidance.5Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.6The Minister must arrange for the publication of guidance issued under this section.7In this section “the Minister” means—athe Secretary of State, in relation to relevant undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, in relation to relevant undertakers whose areas are wholly or mainly in Wales.<Emphasis><Addition ChangeId="key-3d31df64e8825865ebcf4cfd9d36860b-1605129721281" CommentaryRef="key-3d31df64e8825865ebcf4cfd9d36860b">General guidance on charges</Addition></Emphasis><CommentaryRef Ref="M_C_867bb1a5-fbfa-475a-d18e-1ffc2ae4cd98"/><Addition ChangeId="key-3d31df64e8825865ebcf4cfd9d36860b-1605129721281" CommentaryRef="key-3d31df64e8825865ebcf4cfd9d36860b">General guidance on charges</Addition>144ZE1The Minister must issue guidance about the principles to be applied by the Authority in determining the provisions of—arules under section 66E;brules under section 117I;crules under section 143B.2The Minister may issue guidance about the principles to be applied by the Authority in determining the provisions of—arules under section 40E;brules under section 51CD;crules issued in accordance with regulations under section 66M;drules under section 105ZF;erules under section 110F;frules under section 144ZA.3Guidance under subsection (1) or (2) may include other guidance about the provisions of any of the rules mentioned in subsection (1) or (2).4The Minister may issue guidance about the principles to be applied by the Authority in determining the contents of other documents produced by the Authority about charges that may be imposed by relevant undertakers or water supply or sewerage licensees.5Guidance under subsection (4) may include other guidance about the contents of the documents mentioned in subsection (4).6The Authority must have regard to guidance issued under this section when making rules to which the guidance relates (as well as to any guidance relating to those rules issued under another provision of this Act).7If—athe Minister issues guidance under this section in respect of rules made under a particular provision, andbthe Authority, having regard to that guidance, considers that it is appropriate to revise rules made by it under that provision,the Authority must issue revised rules under that provision.8Before issuing guidance under this section, the Minister must—aprepare a draft of the proposed guidance;bconsult the relevant persons about the draft;ccomply with the requirements of section 144ZF.9The relevant persons are—athe Secretary of State;bthe Welsh Ministers;cthe Council;dany relevant undertakers likely to be affected by the proposed guidance;eany water supply licensees or sewerage licensees likely to be affected by the proposed guidance;fsuch other persons as the Minister thinks appropriate.10The Minister may from time to time revise guidance issued under this section and issue revised guidance.11Subsections (8) and (9) apply to revised guidance as they apply to the original guidance.12The Minister must arrange for the publication of guidance issued under this section.13In this section “the Minister” means—athe Secretary of State, in relation to relevant undertakers whose areas are wholly or mainly in England;bthe Welsh Ministers, in relation to relevant undertakers whose areas are wholly or mainly in Wales.<CommentaryRef Ref="M_C_24a0df68-7f5d-450d-85e6-96eb5280673c"/><Addition ChangeId="key-3d31df64e8825865ebcf4cfd9d36860b-1605129721281" CommentaryRef="key-3d31df64e8825865ebcf4cfd9d36860b">Guidance under section 144ZE: procedure</Addition>144ZF1Before issuing guidance under section 144ZE, the Secretary of State must lay a draft of the proposed guidance before both Houses of Parliament.2The Secretary of State must not issue the guidance until after the period of 40 days beginning with—athe day on which the draft is laid before both Houses of Parliament, orbif the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.3If before the end of that period either House resolves that the guidance should not be issued, the Secretary of State may not issue it.4In reckoning any period of 40 days for the purposes of subsection (2), no account is to be taken of any time during which—aParliament is dissolved or prorogued, orbboth Houses are adjourned for more than four days.5Before issuing guidance under section 144ZE, the Welsh Ministers must lay a draft of the proposed guidance before the Assembly.6The Welsh Ministers must not issue the guidance until after the period of 40 days beginning with the day on which the draft is laid before the Assembly.7If before the end of that period the Assembly resolves that the guidance should not be issued, the Welsh Ministers may not issue it.8In reckoning any period of 40 days for the purposes of subsection (6), no account is to be taken of any time during which the Assembly is dissolved or is in recess for more than four days.9Nothing in this section prevents the Secretary of State and the Welsh Ministers issuing a single document containing guidance under section 144ZE, and preparing draft guidance accordingly.<Addition ChangeId="d29p27372" CommentaryRef="c13220571"> Restrictions on charging</Addition><Addition ChangeId="d29p27372" CommentaryRef="c13220571"> Right of consumer to elect for charging by reference to volume.</Addition>144A1Where—awater is supplied by a water undertaker to premises in which, or in any part of which, a person has his home, andbcharges in respect of those premises are fixed by virtue of any charges scheme under section 143 above without reference to the volume of water supplied,the consumer may at any time give the undertaker a notice (in this section referred to as a “measured charges notice”) requiring the undertaker to fix charges in respect of the supply by reference to the volume of water supplied.2Subject to subsection (3) below, a water undertaker must give effect to a measured charges notice before the end of a period determined in accordance with the undertaker’s charges scheme.3A water undertaker is not obliged to give effect to a measured charges notice if—ait is not reasonably practicable to fix charges in respect of the premises by reference to the volume of water supplied, orbto do so would involve the incurring by the undertaker of unreasonable expense.4Any dispute between a water undertaker and a consumer as to the application of paragraph (a) or (b) of subsection (3) above may be referred to the Authority for determination under section 30A above by either party to the dispute.5Where—aeither the conditions in subsection (6) below or the conditions in subsection (7) below are satisfied in relation to premises in respect of which a measured charges notices has been given, andbsuch other conditions as may be prescribed are also satisfied in relation to the premises,the consumer may, at any time before the end of the period of twelve months beginning with the day on which the supply began to be measured by volume for charging purposes, revoke the measured charges notice by notice to the water undertaker.6The conditions in this subsection are—athat the person who gave the measured charges notice had not given any previous measured charges notice in relation to the premises, andbthat he remains the consumer in respect of the premises.7The conditions in this subsection are—athat the person who gave the measured charges notice has, since the notice was given, ceased to be the consumer in respect of the premises,bthat neither he nor the person who has become the consumer had given any previous measured charges notice in respect of the premises, andcthat any person who was in occupation of the premises when the measured charges notice was given remains in occupation.8Where a measured charges notice has been revoked under subsection (5) above, the water undertaker must—aif reasonably practicable, before the end of the period of twelve months referred to in that subsection, orbin any other case, as soon as reasonably practicable after the end of that period,revert to fixing the charges for the supply in respect of the premises without reference to the volume of water supplied.9If and so long as a water undertaker is obliged under subsection (2) above to fix charges for the supply of water in respect of any premises by reference to the volume of water supplied, a sewerage undertaker is under a corresponding obligation to fix charges in respect of foul water drainage provided by the sewerage undertaker in respect of those premises by reference to that volume.10If a water undertaker is obliged under subsection (8) above to fix charges without reference to volume, a sewerage undertaker is under a corresponding obligation in respect of charges for services provided by it.11Any charges scheme under section 143 above—amust contain provision for determining the period mentioned in subsection (2) above, andbshall have effect subject to the preceding provisions of this section.<Addition ChangeId="d29p27372" CommentaryRef="c13220571"><Addition ChangeId="d29p27549" CommentaryRef="c13220601"> Restriction on undertakers’ power to require fixing of charges by reference to volume.</Addition></Addition>144B1Subsection (2) below applies where—awater is supplied to any premises in which, or in any part of which, a person has his home,bcharges in respect of those premises have previously been fixed without reference to volume, andcsuch conditions as may be prescribed are satisfied in relation to the premises.2Where this subsection applies, a relevant undertaker may not by virtue of any charges scheme under section 143 above begin to fix the charges in respect of those premises by reference to volume unless either—athe consumer—ihas given the undertaker a measured charges notice under section 144A above which has not been revoked under that section, oriihas consented to the charges in respect of the premises being so fixed and has not revoked that consent under section 144A, orbthere has been a change in the occupation of the premises and no charges have yet been demanded from the person who has become the consumer.3A change in the persons occupying any premises does not constitute a change in the occupation of the premises for the purposes of subsection (2)(b) above if any person who was in occupation of the premises before the change remains in occupation after the change.4Where a consumer gives consent for the purposes of subsection (2)(a)(ii) above in relation to premises in which, or in any part of which, a person has his home, he shall be treated for the purposes of subsections (5) to (8) of section 144A above as having given a measured charges notice under that section.<Addition ChangeId="key-100fe4e5d0f90009777de14607271e34-1539097707005" CommentaryRef="key-100fe4e5d0f90009777de14607271e34">Non-owner occupiers</Addition>144C1This section applies to residential premises which are occupied by one or more persons other than the owner (and not by the owner).2The owner must arrange for the undertaker to be given information about the occupiers.3If the owner fails to comply with subsection (2), the occupiers' liability for charges under this Chapter becomes shared jointly and severally with the owner.4The Minister may make regulations—aabout the information to be given under subsection (2);babout timing and procedure in connection with subsection (2) or (3).5The Minister may make regulations exempting owners from liability under subsection (3) where—ainformation supplied by them is false or incomplete, butbthey have taken steps specified by the regulations to ensure its accuracy or completeness.6“Residential premises” means premises that are—aoccupied by one or more persons as a home (but not necessarily as their only or main home), andba “dwelling”, a “house in multiple occupation” or “accommodation for the elderly” within the meaning of paragraphs 1 to 3 of Schedule 4A.7Where a person is the “owner” of premises by virtue of being agent or trustee (see section 219(1)) the duty and liability under this section attach to the principal (and not to the agent or trustee).8“The Minister” means—athe Secretary of State, in relation to services provided by an undertaker whose area is wholly or mainly in England, andbthe Welsh Ministers, in relation to services provided by an undertaker whose area is wholly or mainly in Wales (for which purpose section 213 applies with references to the Secretary of State and either House of Parliament being taken as references to the Welsh Ministers and the National Assembly for Wales). General restrictions on charging. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 Connection charges etc. and charges for highway drainage.1461Subject to subsection (2) below, nothing in this Chapter or in any other enactment shall entitle any relevant undertaker to fix, demand or recover an initial charge for its becoming, or for its taking steps for the purpose of becoming—athe person who provides a supply of water for domestic purposes to any premises; orbthe person who provides sewerage services for the purposes of the drainage for domestic sewerage purposes of any premises.2Subject to subsection (3) below, nothing in subsection (1) above or in any other enactment shall be construed as prohibiting the fixing, demand or recovery by a relevant undertaker of—aa charge for the connection to a water supply of premises which have never at any previous time (whether before or after the coming into force of the restriction contained in this section) been connected to a supply of water provided for domestic purposes by a water undertaker or by any other authority or body which at that time provided supplies of water in the course of carrying out functions under any enactment; orba charge for the connection to a public sewer of premises which have never at any previous time (whether before or after the coming into force of the restriction contained in this section) been connected to a sewer used for the drainage for domestic sewerage purposes of those premises by a sewerage undertaker or by any other authority or body which at that time provided sewerage services in the course of carrying out functions under any enactment.3Nothing in this Chapter or in any other enactment or in the terms of any agreement under section 104 above shall authorise a sewerage undertaker to require any payment to be made to the undertaker in respect of the making by the undertaker of any declaration of vesting under Chapter II of Part IV of this Act or in respect of any agreement to make such a declaration.3AThe reference in subsection (3) to an agreement under section 104 includes a reference to—aan order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), andban agreement which has been varied by order under section 105ZB(1).4Nothing in this Chapter or in any other enactment shall authorise a sewerage undertaker or a sewerage licensee to require any payment to be made to the undertaker or the licensee (as the case may be) by a highway authority in respect of the drainage of any highway or the disposal of the contents of any drain or sewer used for draining any highway.5The preceding provisions of this section, so far as they restrict the making of certain charges by relevant undertakers , shall be without prejudice—ato enactments by virtue of which a relevant undertaker may recover expenses incurred by it in , or charges imposed by it for, carrying out works; andbto the power of any such undertaker, by virtue of section 142(4) above, to fix the amount of any of its other charges by reference to such matters as it thinks appropriate.6In this section “domestic sewerage purposes” has the same meaning as in Chapter II of Part IV of this Act. Charging for emergency use of water.1471Notwithstanding anything in section 38(2) of the Fire and Rescue Services Act 2004, or anything in section 142 above or in any charges scheme under section 143 above or in any agreement as to charges in respect of any supply of water, no charge may be made by any water undertaker or water supply licensee in respect of—awater taken for the purpose of extinguishing fires or taken by a fire and rescue authority for any other emergency purposes;bwater taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; orcthe availability of water for any purpose mentioned in paragraph (a) or (b) above.2This section shall not prevent the making of charges in respect of work carried out at the request of or for the benefit of any person receiving a supply of water for the purposes mentioned in paragraph (a) or (b) of subsection (1) above.3This section shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of subsection (1) above, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which that water is taken.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Metering Restriction on charging for metering works.1481Subject to subsections (2) to (4) below and section 177 below, where any meter capable of being used in determining the amount of any charges is installed by or at the request of any relevant undertaker then, notwithstanding the provisions of any enactment or of any agreement to the contrary between the undertaker and any other person, the undertaker shall bear—athe expenses of installing and connecting the meter;bany expenses incurred in maintaining, repairing, disconnecting or removing the meter in accordance with any requirements of the undertaker; andcany expenses incurred in carrying out any works for purposes connected with the installation and connection of the meter or with the maintenance, repair, disconnection or removal of the meter in accordance with any such requirements.1AReferences in subsection (1) above to expenses include references to expenses incurred in meeting the needs of a disabled person.2Subject to subsection (3) below, subsection (1) above shall not require any relevant undertaker to bear, or prevent any such undertaker from recovering from any other person—aany expenses incurred for the purpose of enabling a condition imposed by virtue of subsection (2)(c) or (d) of section 47 above to be satisfied;bany sums which it is entitled to recover in pursuance of any terms or conditions determined under section 56 above;cin the case of premises which do not consist of or include any building or part of a building which is occupied as a private dwelling-house, any sums which it is entitled to recover from that person by virtue of section 64(3)(b) above;ccany sums which it is entitled to recover under an agreement under section 66D or 117E above;dany expenses incurred in relation to a meter which is or is to be used in determining the amount of—iany charges which are to be paid in connection with the carrying out of a sewerage undertaker’s functions under Chapter III of Part IV of this Act; oriiany charges provision for which is contained in an agreement entered into in accordance with section 129 above;ein the case of premises which do not consist of or include any building or part of a building which is occupied as a private dwelling-house, any expenses incurred in consequence of the exercise by the consumer of any option to be charged by the undertaker in relation to those premises by referece to voume rather than by reference to other matters.3For the purposes of subsection (2) above the expenses which an undertaker may require someone else to bear, or may recover from another, by virtue of that subsection shall not include any expenses incurred for the purpose of enabling conditions such as are mentioned in paragraph (a) of that subsection to be satisfied in a case in which the conditions could not have been imposed but for the exercise by the undertaker of its power by virtue of paragraph (a), (b), (d) or (e) of section 64(2) above to require the provision of a separate service pipe to any premises.4The occupier of any premises where any relevant undertaker installs or has installed a meter shall in all cases bear so much of the expenses referred to in subsection (1) above as is attributable to compliance with a request made by him in accordance with any regulations under section 149 below for the positioning, in a place other than that reasonably proposed by the undertaker, either of the meter or of any pipe or apparatus installed for the purpose of facilitating the use of the meter.4ASubsection (4) above is subject to any regulations made by virtue of section 149(2)(aa) below.5Any dispute between a relevant undertaker and any other person (including another such undertaker)—aas to whether the undertaker or that other person should bear any expenses under this section; orbas to the amount of any expenses to be borne by any person under this section,shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority. Further provision relating to charging by volume.1491The Secretary of State may by regulations make such provision, supplementing—athe provisions of this Chapter; andbso far as they relate to works for purposes connected with the fixing of charges in relation to any premises by reference to volume, the provisions of Part VI of this Act,as he considers appropriate with respect to the installation of meters, with respect to the connection, disconnection, use, maintenance, authentication and testing of meters and with respect to any related matters.2Without prejudice to the generality of subsection (1) above, regulations under that subsection may—aregulate the positioning, whether inside or outside the building or other premises to which the meter relates, of any meter or of any pipes or apparatus appearing to any relevant undertaker to be required for the purpose of facilitating the use of any meter;(aa) require a relevant undertaker who, for the purpose of meeting the needs of a disabled person—alters the position of any meter;installs an additional meter; ordoes any other work in connection with any meter,to bear any expenses incurred by the undertaker in doing so;bmake any other provision which appears to the Secretary of State to be appropriate with respect to any such pipes or apparatus;cprovide for a reading from a meter to be proved in such manner as may be prescribed and for a reading from a meter to be such evidence as may be prescribed of the volume of water supplied to, or of effluent discharged from, any premises;dfix the method of determining the amount of the charges to be paid where it appears that a meter has given, or may have given, an incorrect reading;erequire a person who is not a relevant undertaker to pay the expenses incurred by such an undertaker in doing anything under the regulations or to pay contributions towards those expenses;fprovide for the payment of compensation in respect of anything done by a relevant undertaker under the regulations;grequire disputes arising under the regulations to be referred to arbitration;hrepeal or amend any local statutory provision. Charging for services provided with the help of an undertaker Fixing maximum charges for services provided with the help of undertakers’ services.1501The Authority may from time to time by order fix maximum charges which a person who is not a relevant undertaker may recover from another such person in respect of water supplies or sewerage services provided to that other person with the help of services provided by a relevant undertaker.1AThis section does not apply to—awater supplies provided by a water supply licensee, orbsewerage services provided by a sewerage licensee,to premises of customers in accordance with Chapter 1A of Part 2.2For the purposes of this section water supplies or sewerage services are provided to a person with the help of services provided by a relevant undertaker if—aa facility for that person to have access to a supply of water provided by a water undertaker in pipes, or to make use of sewerage services provided by a sewerage undertaker, is made available to that person otherwise than by the undertaker;bthat person is provided with a supply of water in pipes by a person to whom the water is supplied, directly or indirectly, by a water undertaker; orcthat person is provided with sewerage services by a person who, for the purpose of providing those services, makes use of sewerage services provided, directly or indirectly, by a sewerage undertaker.2AAn order under this section may require the person providing the supplies or services to furnish the person who is provided with them with such information as may be specified or described in the order.2BAn order containing such a requirement may also provide that, in the event of the failure of the person providing the supplies or services to furnish that information, the maximum charges he is entitled to recover from the person provided with them in respect of those supplies or services shall be such as may be fixed by the order.3It shall be the duty of the Authority to publish any order under this section in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.4An order under this section may make different provision for different cases, including different provision in relation to different persons, circumstances or localities, and may fix a maximum charge either by specifying the maximum amount of the charge or by specifying a method of calculating that amount.5Where a person pays a charge in respect of anything to which an order under this section relates and athe amount of the excess; andbif the order so provides, interest on that amount at a rate specified or described in the order,shall be recoverable by that person from the person to whom he paid the charge. <CommentaryRef Ref="c13220791"/><Addition ChangeId="d29p28144">Billing disputes.</Addition>150A1The Secretary of State may by regulations make provision for billing disputes to be referred to the Authority for determination in accordance with the regulations.2In this section “billing dispute” means a dispute between a relevant undertaker and a customer concerning the amount of the charge which the undertaker is entitled to recover from the customer in connection with—athe supply of water for domestic purposes, in the case of a water undertaker; andbthe provision of sewerage services other than by the carrying out of trade effluent functions, in the case of a sewerage undertaker.3Regulations under this section may only be made after consulting—athe Authority; andbpersons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations.4Regulations under this section may provide that, where a billing dispute is referred to the Authority, it may either—adetermine the dispute, orbappoint an arbitrator to determine it.5Any person determining any billing dispute in accordance with regulations under this section shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.6Regulations under this section may provide—athat disputes may be referred to the Authority under this section only by prescribed persons; andbfor any determination to be final and enforceable as if it were a judgment of the county court .7Except in such circumstances (if any) as may be prescribed—athe Authority or an arbitrator appointed by it shall not determine any billing dispute which is the subject of proceedings before, or with respect to which judgment has been given by, any court; andbneither party to any billing dispute which has been referred to the Authority for determination in accordance with regulations under this section shall commence proceedings before any court in respect of that dispute pending its determination in accordance with the regulations.8No relevant undertaker may commence proceedings before any court in respect of any charge in connection with the supply of water for domestic purposes or (as the case may be) the provision of sewerage services other than by the carrying out of trade effluent functions unless, not less than 28 days before doing so, the customer concerned was informed by it, in such form and manner as may be prescribed, of—aits intention to commence proceedings;bthe customer’s rights by virtue of this section; andcsuch other matters (if any) as may be prescribed.9Where a dispute is referred to the Authority in accordance with regulations made under this section, it shall be the duty of the undertaker concerned to give it such information as it may reasonably require for the purpose of assisting it in determining the dispute.10Section 202 below shall have effect, with the necessary modifications, in relation to information which the Authority requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section.11For the purposes of this section—“charge” means any charge fixed by a scheme made under section 143 above;“customer” means any person to whom the relevant undertaker provides services;and references to a sewerage undertaker’s trade effluent functions are references to its functions under Chapter III of Part IV of this Act.<Addition ChangeId="d29p28319" CommentaryRef="c13220801"> Interpretation of Chapter I</Addition><Addition ChangeId="d29p28319" CommentaryRef="c13220801"> Meaning of “consumer” in Chapter I.</Addition>150BIn this Chapter “consumer”—ain relation to the supply of water by a water undertaker to any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall, andbin relation to the provision of sewerage services in respect of any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of those services would fall. CHAPTER II FINANCIAL ASSISTANCE FOR UNDERTAKERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 Grants for national security purposes.1521The Secretary of State may, out of money provided by Parliament, make grants to relevant undertakers , water supply licensees and sewerage licensees for the purpose of defraying or contributing towards any losses they may sustain by reason of compliance with directions given under section 208 below in the interests of national security.2The approval of the Treasury shall be required for the making of grants under this section. Government financial assistance where special administration orders made.1531Where a special administration order is for the time being in force in relation to a company, the Secretary of State, may, with the consent of the Treasury—amake to the company grants or loans of such sums as appear to him to be appropriate for the purpose of facilitating the achievement of the purposes of the order;boffer indemnities in respect of liabilities or loss incurred or sustained in the course of functions under the order.1AAn indemnity under subsection (1)(b) may be offered to—athe special administrator,ban employee of the special administrator,ca member or employee of a firm of which the special administrator is or was a member or employee (or a successor of that firm),da body corporate of which the special administrator is or was an employee, orean officer, employee or member of a body corporate within paragraph (d).2The Secretary of State may, with the consent of the Treasury, guarantee, in such manner and on such conditions as he may think fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum which is borrowed from any person by a company in relation to which a special administration order is in force at the time when the guarantee is given.3Without prejudice to any provision applied in relation to the company by or under section 23 —athe terms and conditions on which a grant is made to any company under this section may require the whole or a part of the grant to be repaid to the Secretary of State if there is a contravention of the other terms and conditions on which the grant is made; andbany loans which the Secretary of State makes to a company under this section shall be repaid to him at such times and by such methods, and interest on the loans shall be paid to him at such rates and at such times, as he may, with the consent of the Treasury, from time to time direct.3AArrangements for a grant, loan or indemnity which are made while a special administration order is in force may continue to have effect after the order ceases to have effect.4Any grant or loan made under this section and any sums required to be paid by the Secretary of State in respect of an indemnity given under this section shall be paid out of money provided by Parliament.5Any sums received under subsection (3) above by the Secretary of State shall be paid into the Consolidated Fund. Guarantees under section 153.1541This section applies in relation to any guarantee given by the Secretary of State under section 153 above.2 As soon as is reasonably practicable after a guarantee to which this section applies is given, the Secretary of State shall lay a statement of the guarantee before each House of Parliament.3Where any sum is paid out for fulfilling a guarantee to which this section applies, the Secretary of State shall, as soon as is reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of the interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.4Any sums required by the Secretary of State for fulfilling a guarantee to which this section applies shall be paid out of money provided by Parliament.5Without prejudice to any provision applied in relation to the relevant company by or under section 23, if any sums are paid out in fulfilment of a guarantee to which this section applies, the relevant company shall make to the Secretary of State, at such times and in such manner as the Secretary of State may from time to time direct—apayments of such amounts as the Secretary of State may so direct in or towards repayment of the sums so paid out; andbpayments of interest, at such rate as the Secretary of State may so direct, on what is outstanding for the time being in respect of sums so paid out;and the consent of the Treasury shall be required for the giving of a direction under this subsection.6Any sums received by the Secretary of State under subsection (5) above shall be paid into the Consolidated Fund.7In subsection (5) above “the relevant company” in relation to a guarantee, means the company which borrowed the sums in respect of which the guarantee was given.<Addition ChangeId="key-d380506910a9d4192d31a8fdcd8a8dd0-1578394670596" CommentaryRef="key-d380506910a9d4192d31a8fdcd8a8dd0">Financial assistance to reduce charges</Addition>154A1If the Secretary of State considers it desirable to do so, the Secretary of State may give financial assistance for the purpose in subsection (2) to—aan English undertaker, ...ba water supply licensee that supplies water to premises in accordance with the licensee's retail authorisation using the supply system of an English undertaker, orca sewerage licensee that serves premises in accordance with the licensee's retail authorisation using the sewerage system of an English undertaker.2The purpose is that of securing the reduction of charges payable by customers in an English undertaker's area for the supply of water or the provision of sewerage services.3The power in subsection (1) may be exercised in relation to all customers in an English undertaker's area or customers of a particular description.4Financial assistance under subsection (1) may be given in any form and in particular may be given by way of—agrant,bloan, orcguarantee.5Financial assistance under subsection (1) may be given on such terms and conditions as the Secretary of State considers appropriate.6Financial assistance under subsection (1) may be given in any manner and in particular may be given—ato an English undertaker by means of an arrangement made by the Secretary of State with another English undertaker, ...bto a water supply licensee by means of an arrangement made by the Secretary of State with an English undertaker that is a water undertaker, orcto a sewerage licensee by means of an arrangement made by the Secretary of State with an English undertaker that is a sewerage undertaker.7A reference in this section to a customer in an English undertaker's area is a reference to—aa person liable to pay charges to the undertaker in respect of the supply of water or the provision of sewerage services, other than a water supply licensee or a sewerage licensee, ...ba person whose premises are supplied with water by a water supply licensee in accordance with the licensee's retail authorisation using the undertaker's supply system, orca person whose premises are served by a sewerage licensee in accordance with the licensee's retail authorisation using the undertaker's sewerage system.8In this section a reference to the retail authorisation of a water supply licensee or of a sewerage licensee is to be construed in accordance with Schedule 2A or Schedule 2B, as the case may be.9In this section “English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England.<Addition ChangeId="key-4b22c344804254ec432835801b3a7acb-1578394803609" CommentaryRef="key-4b22c344804254ec432835801b3a7acb">Financial assistance for major works</Addition>154B1If the Secretary of State considers it desirable to do so, the Secretary of State may give financial assistance in connection with—athe construction of water or sewerage infrastructure, orbthe carrying out of works in respect of existing water or sewerage infrastructure.2Financial assistance may be given under subsection (1) only if constructing the infrastructure in question or carrying out the works in question, or doing a combination of those things, involves exceptionally large or complex works.3Financial assistance may be given under subsection (1) only if the use or intended use of the infrastructure includes use by an English undertaker in carrying out a duty under section 37 or 94.4The power under subsection (1) includes power to give financial assistance or further financial assistance for the purposes described in subsection (1) after completion of the infrastructure or the works in question.5Financial assistance under subsection (1) may be given in any form and in particular may be given by way of—agrant,bloan,cguarantee or indemnity,dthe provision of insurance, orethe acquisition of shares in or securities of a body corporate.6Financial assistance under subsection (1) may be given on such terms and conditions as the Secretary of State considers appropriate.7In this section—“English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England;“sewerage infrastructure” means infrastructure relating to the provision of a system of sewers or the provision of means for emptying, or dealing effectually with the contents of, sewers;“water infrastructure” means infrastructure relating to the provision of a system of water supply or the securing of supplies of water. Part VI UNDERTAKERS ’ POWERS AND WORKS CHAPTER I UNDERTAKERS’ POWERS Powers in relation to land Compulsory purchase.1551A relevant undertaker may be authorised by the Secretary of State to purchase compulsorily any land anywhere in England and Wales which is required by the undertaker for the purposes of, or in connection with, the carrying out of its functions.2The power of the Secretary of State under subsection (1) above shall include power—ato authorise the acquisition of interests in and rights over land by the creation of new interests and rights; andbby authorising the acquisition by a relevant undertaker of any rights over land which is to be or has been acquired by that undertaker, to provide for the extinguishment of those rights.3Without prejudice to the generality of subsection (1) above, the land which a relevant undertaker may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.4Subject to section 188 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by a relevant undertaker; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.5Schedule 9 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.6The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred (whether by virtue of the articles of the company for the time being carrying out the functions of the undertaker or any enactment or otherwise) on a relevant undertaker, as if—aany reference in those provisions to the acquiring authority were a reference to that undertaker; andbany reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power. Restriction on disposals of land.1561A company holding an appointment under Chapter I of Part II of this Act shall not dispose of any of its protected land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, the Secretary of State.2A consent or authorisation for the purposes of this section—ashall be set out in a notice served by the Secretary of State on the company which is or may be authorised, by virtue of the provision contained in the notice, to dispose of land or of interests or rights in or over land or, as the case may be, on every such company; andbin the case of an authorisation, may be combined with an authorisation for the purposes of section 157 of the Water Resources Act 1991.3A consent or authorisation for the purposes of this section may be given on such conditions as the Secretary of State considers appropriate.4Without prejudice to the generality of subsection (3) above and subject to subsection (5) below, the conditions of a consent or authorisation for the purposes of this section may include—aa requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available, in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation, to such person as may be so specified or determined;ba requirement that the company making the disposal has complied with such of the conditions of its appointment under Chapter I of Part II of this Act as relate to the disposal of its protected land or of any interest or right in or over that land;ca requirement that the company, before making a disposal in a case in which the land in question is situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest, should do one or both of the following, that is to say—consult with Natural England (as respects land in England) or the NRBW (as respects land in Wales); andenter into such management agreements or such covenants under subsection (6) below as the Secretary of State may determine;dprovision requiring determinations under or for the purposes of the consent or authorisation to be made, in such cases as are mentioned in paragraph (c) above, either by Natural England or the NRBW or only after consultation with Natural England or the NRBW .5A consent or authorisation shall not be given on any such condition as is mentioned in subsection (4)(a) above except where the Secretary of State is satisfied that the condition will have effect in relation only to—aland which, or any interest in or right over which, was acquired by the relevant undertaker in question, or any predecessor of that undertaker, either compulsorily or at a time when the undertaker or that predecessor was authorised to acquire it compulsorily; orbland situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest.6Where a company holding an appointment under Chapter I of Part II of this Act is proposing, in such a case as is mentioned in subsection (4)(c) above, to dispose of, or of any interest or right in or over, any of its protected land, it may enter into a covenant with the Secretary of State by virtue of which it accepts obligations with respect to—athe freedom of access to the land that is to be afforded to members of the public or to persons of any description; orbthe use or management of the land;and a covenant under this subsection shall bind all persons deriving title from or under that company and shall be enforceable by the Secretary of State accordingly.7Section 3 above shall have effect for the purposes of this section as if every proposal which—ais made by a company holding an appointment as a relevant undertaker with respect to land in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest, or with respect to any interest or right in or over any such land; andbis a proposal for which the Secretary of State’s consent or authorisation is required under this section,were a proposal relating to the functions of such an undertaker.8In this section—“area of outstanding natural beauty or special scientific interest” means an area which—ais for the time being designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000 of the Countryside and Rights of Way Act 2000; orbis a site of special scientific interest within the meaning of the Wildlife and Countryside Act 1981;and the reference in subsection (4)(c) above to an area of special scientific interest shall, accordingly, be construed as a reference to an area such as is mentioned in paragraph (b) of this definition;. . . “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.“management agreement” means—in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006;in relation to land in Wales, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 16 of the Environment (Wales) Act 2016. Byelaws with respect to undertakers’ waterways and land.1571Every relevant undertaker shall have power to make such byelaws as are mentioned in subsection (2) below with respect to any waterway owned or managed by that body and with respect to any land held or managed with the waterway.2The byelaws referred to in subsection (1) above in relation to any waterway or to any land held or managed with any such waterway are byelaws for any of the following purposes, that is to say—athe preservation of order on or in any such waterway or land;bthe prevention of damage to anything on or in any such waterway or land or to any such land;csecuring that persons resorting to any such waterway or land so behave as to avoid undue interference with the enjoyment of the waterway or land by others.3Without prejudice to the generality of any of the paragraphs of subsection (2) above, the byelaws mentioned in that subsection include byelaws—aregulating sailing, boating, bathing and fishing and other forms of recreation;bprohibiting the use of the waterway in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the undertaker making the byelaws;crequiring the provision of such sanitary appliances as may be necessary for the purpose of preventing pollution;dproviding for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws; andeauthorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.4Schedule 10 to this Act shall have effect with respect to byelaws under this section.5Byelaws made under this section shall cease to have effect at the end of the period of ten years beginning with the day on which they were made; but the Secretary of State may by order made by statutory instrument make provision in relation to any particular byelaws for those byelaws to continue to have effect for such period after the time when they would otherwise cease to have effect as may be specified in the order.6In this section—“boat” includes a vessel of any description, and “boating” shall be construed accordingly;“waterway” has the same meaning as in the National Parks and Access to the Countryside Act 1949. Pipe-laying Powers to lay pipes in streets.1581Subject to the following provisions of this section, to section 162(9) below and to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—ato lay a relevant pipe in, under or over any street and to keep that pipe there;bto inspect, maintain, adjust, repair or alter any relevant pipe which is in, under or over any street; andcto carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say—ibreaking up or opening a street;iitunnelling or boring under a street;iiibreaking up or opening a sewer, drain or tunnel;ivmoving or removing earth and other materials.2Without prejudice to the generality of subsection (1)(c) above, every water undertaker shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes.3The power conferred by subsection (2) above shall include power to attach any such notice as is mentioned in that subsection to any building, fence or other structure which is comprised in premises abutting on the street in question.4A stopcock fitted to any service pipe in a street shall be situated as near as reasonably practicable to the boundary of the street; and a water undertaker shall consult with the highway authority concerned before determining in accordance with this subsection where to fit a stopcock in a highway.5Where a water undertaker exercises its powers under this section for the purpose of carrying out works of maintenance, repair or renewal in relation to a service pipe belonging to a person other than the undertaker, the undertaker shall be entitled to recover from the occupier of the premises supplied by means of that pipe the expenses reasonably incurred by that undertaker in so exercising that power.6Until the coming into force of its repeal by the New Roads and Street Works Act 1991 section 20 of the Highways Act 1980 (works in special roads) shall have effect as if the reference in that section to a power under any enactment to lay down or erect apparatus included a reference to any power to lay any relevant pipe which is conferred by this section.7Subject to section 161(7) below, in this section references to a relevant pipe shall be construed—ain relation to a water undertaker, as references to a water main (including a trunk main but not including a pipe laid in pursuance of section 66B(3)(a)(ii) above which is used for the purpose of supplying water other than for domestic or food production purposes or laid in pursuance of section 66B(3)(a)(iii) above), resource main, discharge pipe or service pipe; andbin relation to a sewerage undertaker, as references to—iany sewer or disposal main; ...iiin relation to the exercise of a power to lay a pipe under paragraph (a) of subsection (1) above or a power related to that power under paragraph (c) of that subsection, any lateral drain which the undertaker is to lay by virtue of section 98 or 101B or any lateral drain which the undertaker is required to lay by virtue of section 117A(2) for the purpose of enabling the use of its sewerage system to provide sewerage services to premises in a retail exit area above; ...iiiin relation to the exercise of any other power under subsection (1) above, any lateral drain which belongs to or is vested for the time being in the undertaker orivany pipe forming part of, or required in connection with, a drainage system constructed under section 114A.8Subsections (9) and (11) below apply where—aan appointment or variation has been made under section 7 above replacing a company as a relevant undertaker,bthe appointment or variation relates only to parts of the area to which the company’s appointment as relevant undertaker related, andcthe conditions mentioned in subsection (5) of that section were required to be satisfied in relation to each of the premises in those parts served by that company.9Where the company which has replaced the relevant undertaker has done so as water undertaker, in the application of this section and section 159 below in relation to that company any pipe supplying, or intended to supply, any of the premises referred to in subsection (8)(c) above with a supply of water which exceeds, or is likely to exceed, in any period of twelve months—aif the area of the relevant undertaker concerned is wholly or mainly in Wales, 250 megalitres;bin all other cases, 50 megalitres ,shall, for the purposes of subsection (7) above, be deemed to be a water main.10Where the Secretary of State makes regulations under section 7(6) above amending section 7(5)(a) above he shall by regulations make the corresponding amendment in subsection (9) above.11Where the company which has replaced the relevant undertaker has done so as sewerage undertaker, in the application of this section and section 159 below in relation to that company any pipe draining, or intended to drain, any of those premises shall, for the purposes of subsection (7) above, be deemed to be a sewer. Power to lay pipes in other land.1591Subject to the following provisions of this section, to section 162(9) below and to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—ato lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there;bto inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land;cto carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above.2Nothing in subsection (1) above shall authorise a water undertaker to lay a service pipe in, on or over any land except where—athere is already a service pipe where that pipe is to be laid; ...bthe undertaker is required to lay the pipe in, on or over that land by virtue of any of subsections (3) to (5) of section 46 above; or cthe undertaker is required to lay the pipe in, on or over that land by virtue of section 66A(3) for the purpose of enabling the use of its supply system to supply premises in a retail exit area.3The power conferred by virtue of paragraph (b) of subsection (1) above, and the power conferred in relation to that paragraph by virtue of paragraph (c) of that subsection shall be exercisable in relation to a service pipe irrespective of the person to whom the pipe belongs; but expenses incurred in exercising those powers in relation to any pipe shall be recoverable from the person to whom the pipe belongs only if and to the extent that that person has agreed to pay them.4The powers conferred by this section shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.5Subject to subsection (6) below, in relation to any exercise of the powers conferred by this section for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of subsection (4) above shall be deemed—awhere the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; andbwhere the power is exercised for the purpose of altering an existing pipe, to be forty-two days.6Subsection (5) above shall not apply in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—alaying or altering a service pipe; orbcomplying with a duty imposed under section 41 or 98 above.7Subject to subsection (2) above, in this section “relevant pipe” has the same meaning as in section 158 above (reading references there to subsection (1) as references to subsection (1) of this section). Other works powers Power to carry out works for sewerage purposes.1601A sewerage undertaker may, by agreement with the owner or occupier of any premises, carry out at that person’s expense—aany work in connection with the construction, laying, alteration or repair of a sewer or drain which that person is entitled to carry out; orbany work which the undertaker has required that person to carry out under Part IV of this Act;and for that purpose the undertaker shall have all such rights as that person would have.2Sections 291, 293 and 294 of the Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority. Power to deal with foul water and pollution.1611Subject to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—ato carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; andbto carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above, including for those purposes the following kinds of works, that is to say—ibreaking up or opening a street;iitunnelling or boring under a street;iiibreaking up or opening a sewer, drain or tunnel;ivmoving or removing earth and other materials;and the provisions of section 158 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.2Subject to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—ato carry out on any land which is not in, under or over a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; andbto carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above;and the provisions of section 159 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.3Without prejudice to the powers conferred by subsections (1) and (2) above but subject to the provisions of Chapter III of this Part, every water undertaker shall have power, on any land which belongs to that undertaker or over or in which that undertaker has acquired the necessary easements or rights, to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose—aof intercepting, treating or disposing of any foul water arising or flowing upon that land; orbof otherwise preventing the pollution—iof any waters, whether on the surface or underground, which belong to the Environment Agency or the NRBW or any water undertaker or from which the Environment Agency or the NRBW or any water undertaker is authorised to take water;iiwithout prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the Environment Agency or the NRBW or any water undertaker or which the Environment Agency or the NRBW or any water undertaker is proposing to acquire or construct for the purpose of being so operated; oriiiof any underground strata from which the Environment Agency or the NRBW or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the Water Resources Act 1991.4Where any water undertaker is proposing to carry out any such works as are mentioned in subsection (3) above and the proposed works will affect any watercourse, the undertaker shall consult the Environment Agency , where the proposed works will affect any watercourse in England, and the NRBW, where the proposed works will affect any watercourse in Wales, before carrying out the works.5Without prejudice to the protective provisions of Chapter III of this Part, nothing in subsection (3) above shall authorise any water undertaker, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.6Any dispute as to whether any consent for the purposes of subsection (5) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.7In section 158 above the references to the laying of a relevant pipe shall include references-ato the laying of any drain or sewer for any of the purposes mentioned in subsection (3)(a) and (b) above; andbto the construction of a watercourse for any of those purposes.8In this section—“the protective provisions of Chapter III of this Part” means the provisions of sections 183 to 191 below;“relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; and“waterworks” includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank. Works in connection with metering.1621Subject to the following provisions of this section, to section 148 above and to the provisions of Chapter III of this Part, where—asubsection (1A) below applies to a relevant undertaker in respect of any premises; andbthere is either—ia service pipe which is connected with a water undertaker’s water main and by which a supply of water is or could be provided to those premises or to any building in which those premises are contained; oriia drain or private sewer which connects those premises with a public sewer,the undertaker shall have power, in accordance with section 172 below or otherwise, to carry out any works specified in subsection (3) below.1AThis subsection applies to a relevant undertaker in respect of any premises if—athe undertaker has fixed any charges in relation to any premises by reference to volume, orbthe undertaker is entitled so to fix any charges because the person who is the consumer in relation to the premises for the purposes of Chapter I of Part V of this Act has exercised his right to give—ia measured charges notice under section 144A above, oriiany consent for the purposes of section 144B(2)(a)(ii) above,and has not revoked the measured charges notice or consent under section 144A, orcthe undertaker has given notice of its intention of so fixing any charges—iwithin the period specified in the notice, oriiin a case where it is not for the time being entitled so to fix the charges, if and when it becomes entitled to do so orda water supply licensee supplies water to those premises using the undertaker’s supply system, orea sewerage licensee provides sewerage services in respect of those premises using the undertaker's sewerage system.1BIn subsection (1A)(d) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B above.1CIn subsection (1A)(e) above, the reference to the sewerage system of a sewerage undertaker shall be construed in accordance with section 17BA.2The power under subsection (1) above to carry out works specified in subsection (3) below shall include power to carry out any such works in a street; and the power conferred by virtue of subsection (1)(c) of section 158 above and subsection (6) of that section shall apply in relation to the power conferred by this subsection as they apply in relation to the powers conferred by that section.3The works mentioned in subsections (1) and (2) above are, in relation to any premises—aworks consisting in the installation and connection of any meter for use in determining the amount of any charges which have been or may be fixed in relation to the premises;bwhere the premises comprise a house which is one of two or more houses to which the supply of water is wholly or partly by the same service pipe, works consisting in the installation and connection, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for that house;cworks for the purpose of maintaining, repairing, disconnecting or removing—iany meter which has been installed for use in determining the amount of any charges which have been or may be fixed in relation to the premises; oriiany pipes or apparatus installed in the course of any works specified in this section;anddany other works appearing to the undertaker to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c) above, including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.4A notice given for the purposes of subsection (1)(a) above may relate to particular premises or to any description of premises and shall be given—aby publishing the notice in the locality in which the premises to which it relates are situated in such a manner as the undertaker considers appropriate for bringing it to the attention of the persons likely to be affected by it; andbby serving a copy of the notice on the Secretary of State.5Subject to subsection (6) below, any works carried out by a water undertaker by virtue of the provisions of this section shall be necessary works for the purposes of Chapter II of Part III of this Act.6Nothing in this section shall prevent the exercise by a water undertaker of its power by virtue of subsection (3)(b) of section 64 above to impose a condition by virtue of subsection (2)(c) or (d) of section 47 above in a case where it has, under the said section 64, required the provision of a separate service pipe to any premises.7Part II of Schedule 6 to this Act shall apply to the powers conferred by this section.8Any dispute between a relevant undertaker and any other person (including another such undertaker) as to the exercise of any power under this section to carry out any works on any premises shall be referred to the arbitration of a single arbitrator appointed—aby agreement between the undertaker and that person; orbin default of agreement, by the Authority.9Without prejudice to subsection (2) above, nothing in section 158, 159 or 161 above shall authorise the installation of any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises where that apparatus is to be used for the purpose only of determining the amount of any charges fixed, or to be fixed, in relation to those premises wholly or partly by reference to the volume of that water or effluent. Power to fit stopcocks.1631Subject to subsection (2) below and without prejudice to section 159 above, a water undertaker shall have power, at its own expense, to fit a stopcock to any service pipe by which a supply of water is or is to be provided to any premises by the undertaker or a water supply licensee, whether that pipe belongs to the undertaker or to any other person.2A stopcock fitted in private premises by a water undertaker to any service pipe shall be situated as near as practicable to any street from which that pipe enters those premises. Agreements for works with respect to water sources.1641A water undertaker may enter into agreements under this section with the owners and occupiers of any land, or with a local authority, with respect to the carrying out and maintenance by any party to the agreement of such works as the undertaker considers necessary—afor the purpose of draining that land; orbfor more effectually collecting, conveying or preserving the purity of any water which the undertaker is for the time being authorised to take.2Before entering into an agreement under this section with respect to the carrying out of works the carrying out of which would result in the discharge of any water into a watercourse otherwise than through public sewers, a water undertaker shall consult — athe Environment Agency, if the proposed works will affect any watercourse in England,bthe NRBW, if the proposed works will affect any watercourse in Wales, andcif the watercourse is subject to the jurisdiction of a navigation authority, that authority.3An agreement under this section with the owner of any land which is expressed to be binding on and enforceable against the owner’s successors in title to that land—amay be registered under section 2 of the Land Charges Act 1972 as an obligation affecting land falling within Class D; andbshall be so binding and enforceable unless it is void by reason of a failure so to register it.4In this section the reference to a local authority includes a reference to a county council and to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and any expenses incurred by the Common Council of the City of London in the exercise of their functions under this section shall be defrayed as part of their general expenses. Powers to discharge water Discharges for works purposes.1651Subject to the following provisions of this section and to section 166 below, where any water undertaker—ais exercising or about to exercise any power conferred by section 158, 159, 161 or 163 above (other than the power conferred by section 161(3) above); orbis carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole, or other work belonging to or used by that undertaker for the purposes of, or in connection with, the carrying out of any of its functions,the undertaker may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.2Nothing in this section shall authorise any discharge which—adamages or injuriously affects the works or property of any railway undertakers or navigation authority; orbfloods or damages any highway.3If any water undertaker fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from—amud and silt;bsolid, polluting, offensive or injurious substances; andcany substances prejudicial to fish or spawn, or to spawning beds or food of fish,the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.4In this section “relevant pipe” means any water main (including a trunk main), resource main, discharge pipe or service pipe. Consents for certain discharges under section 165.1661Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under section 165 above except with the consent of the appropriate agency and of any navigation authority which carries out functions in relation to—athe part of the watercourse where the discharge is made; orbany part of that watercourse which is less than three miles downstream from the place of the discharge.2Where a water undertaker makes an application to any authority for a consent for the purposes of this section—athat application shall be accompanied or supplemented by all such information as that authority may reasonably require; andbthe undertaker shall serve a copy of the application, and of any consent given on that application, on every person who—iis registered with the undertaker in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; andiihas not agreed in writing that he need not be served with such a copy;but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application.3Subject to subsection (4) below, an application for a consent for the purposes of this section shall be determined—ain the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; andbin any other case, before the end of the period of three months beginning with that day;and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.4Where—aan undertaker which has made an application to any authority for a consent for the purposes of this section has failed to comply with its obligation under subsection (2)(a) above to supplement that application with information required by that authority; andbthat requirement was made by that authority at such a time before the end of the period within which that authority is required to determine the application as gave the undertaker a reasonable opportunity to provide the required information within that period,that authority may delay his determination of the application until a reasonable time after the required information is provided.5A consent for the purposes of this section may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.6Any dispute as to whether a consent for the purposes of this section should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.7Where any discharge under section 165 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this section, the undertaker which made the discharge shall, as soon as practicable after making the discharge, serve a notice which—astates that the discharge has been made; andbgives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,on every person on whom that undertaker would have been required to serve the application for that consent or any copy of that application.8If any water undertaker contravenes, without reasonable excuse, any of the requirements of this section or any condition of a consent given for the purposes of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.9Nothing in this section shall require any consent to be obtained, or any notice to be served, in respect of any discharge if the requirements of section 34 of the Water Act 1945 (temporary discharges into watercourses) in relation to that discharge had been satisfied before 1st September 1989.10In this section “the appropriate agency” means—athe Environment Agency, in relation to discharges of water in England;bthe NRBW, in relation to discharges of water in Wales. Compulsory works orders Compulsory works orders.1671Where a water undertaker ... is proposing, for the purposes of, or in connection with, the carrying out of any of its functions ... — ato carry out any engineering or building operations; orbto discharge water into any inland waters or underground strata,the undertaker may apply to the Secretary of State for an order under this section (“a compulsory works order”). 2Subject to the following provisions of this section, the Secretary of State may, on an application under subsection (1) above, by order made by statutory instrument—aconfer such compulsory powers; andbgrant such authority,as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.2AThe Secretary of State may not exercise the power under subsection (2) in respect of anything to be done in England.3Schedule 11 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.4Subject to the provisions of Schedule 11 to this Act, a compulsory works order may—awithout prejudice to section 155 above, confer power to acquire compulsorily any land, including—ipower to acquire interests in and rights over land by the creation of new rights and interests; andiipower, by the compulsory acquisition by any water undertaker of any rights over land which is to be or has been acquired by that undertaker, to extinguish any such rights;bapply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part of this Act which do not apply for those purposes apart from by virtue of this paragraph;cmake any authority granted by the order subject to such conditions as may be specified in the order;damend or repeal any local statutory provision;econtain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.5Without prejudice to any duty imposed by virtue of section 191 below, where—athe Secretary of State makes a compulsory works order authorising a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on such an undertaker; andbit appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.6Nothing in any compulsory works order shall exempt any water undertaker from any restriction imposed by Chapter II of Part II of the Water Resources Act 1991 (abstraction and impounding of water).7It is hereby declared that a compulsory works order may grant authority for discharges of water by a water undertaker where the undertaker has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.8In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 172 and 173, the provisions of Chapter II and any provision of this Part which is one of the relevant sewerage provisions. Entry to land etc. by water undertakers Entry for works purposes.1681Any person designated in writing for the purpose by a relevant undertaker may enter any premises for any of the purposes specified in subsection (2) below.2The purposes mentioned in subsection (1) above are—athe carrying out of any survey or tests for the purpose of determining—iwhether it is appropriate and practicable for the undertaker to exercise any relevant works power; oriihow any such power should be exercised;orbthe exercise of any such power.3The power, by virtue of subsection (1) above, of a person designated by a relevant undertaker to enter any premises for the purposes of carrying out any survey or tests shall include power—ato carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; andbto take away and analyse such samples of water or effluent or of any land or articles as the undertaker—iconsiders necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above; andiihas authorised that person to take away and analyse.4Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by this section.5In this section “relevant works power” means any power conferred by any of the provisions of sections 158, 159, 161, 163 and 165 above, other than section 161(3). Power to carry out surveys and to search for water.1691Without prejudice to the rights and powers conferred by section 168 above, any person designated in writing under this section by a water undertaker may enter any premises for any of the purposes specified in subsection (2) below.2The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bwhether it would be appropriate for the undertaker to apply for a compulsory works order under section 167 above and what compulsory powers it would be appropriate to apply for under that section.3The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—ato carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;bto install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; andcto take away and analyse such samples of water or of any land or articles as the undertaker considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.4 The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of a water undertaker in any case for purposes connected with the determination of— awhether, where or how a reservoir should be constructed; orbwhether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.5The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—ahe is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; andbhe has considered any representations or objections with respect to the proposed exercise of the powers under this section which—ihave been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; andiihave not been withdrawn.6Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by this section. Entry etc. for other purposes.1701Any person designated in writing for the purpose by a water undertaker may enter any premises for any of the following purposes, that is to say—athe carrying out of any survey or tests for the purpose of determining—iwhether it is appropriate and practicable for the undertaker to exercise any power under any provision of Part III of this Act to disconnect any pipe or cut off any supply of water to any premises or to carry out any works which it is authorised to carry out under section 64(4), 66(3) or 75 above; oriihow any such power should be exercised;bthe exercise of any such power;cthe monitoring and recording of—iwhether water supplied to any premises for domestic or food production purposes is wholesome at the time of supply; oriithe quality of the water from any source, or combination of sources, which is or is to be used for supplying water to any premises for those purposes,and the carrying out of any tests for that purpose.2Any person designated for the purpose—aby any water undertaker within whose area any waterworks are situated; orbby any water undertaker which takes water from any waterworks,shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is, or has been, any contravention of section 72 above in relation to those waterworks.3Any person designated in writing for the purpose by a water undertaker may—aenter any premises for the purpose of—iascertaining whether any provision contained in or made or having effect under this Act with respect to any water fittings or with respect to the waste or misuse of water is being, or has been, contravened;iidetermining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under section 74 above should be exercised or performed; oriiiexercising any such power or performing any such duty;orbcarry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under that section.4During any period when a prohibition or restriction under section 76 above is in force, any person designated for the purpose by the water undertaker which imposed the prohibition or restriction shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises to which the prohibition or restriction applies for the purpose of ascertaining whether there is, or has been, any contravention of the prohibition or restriction.5The power by virtue of subsection (1) above of a person designated by a water undertaker to enter any premises for the purpose of carrying out any survey or tests shall include power to take away such samples of water or effluent or of any land or articles as the undertaker—aconsiders necessary for the purpose of determining any of the matters mentioned in paragraph (a) or (c) of that subsection; andbhas authorised that person to carry out or take away.6Expressions used in this section and in any provision of Part III of this Act in relation to which this section has effect shall have the same meaning in this section as in that provision; and, without prejudice to the generality of this provision, subsections (2) and (3) of section 68 above and the definitions of “food production purposes” and “wholesome” in section 93(1) above shall apply for the purposes of any power conferred by virtue of subsection (1)(c)(i) above as they apply for the purposes of that section.7Part I of Schedule 6 to this Act shall apply to the rights of entry conferred by subsections (2) and (4) of this section; and Part II of that Schedule shall apply to the rights and powers conferred by the other provisions of this section.8The provisions of this section shall be without prejudice to the other rights and powers conferred by this Part. Entry for sewerage purposes.1711Any person designated in writing for the purpose by a sewerage undertaker shall, on producing any duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours-afor the purpose of ascertaining whether there is or has been, on or in connection with the premises, any contravention of any of the relevant sewerage provisions which it is the function of the undertaker to enforce;bfor the purpose of ascertaining whether or not circumstances exist which would authorise or require the undertaker to take any action or carry out any works under any of the relevant sewerage provisions;cfor the purpose of taking action or carrying out any works authorised by or under any of the relevant sewerage provisions to be taken or carried out by the undertaker;dgenerally for the purpose of carrying out the undertaker’s functions under the relevant sewerage provisions.2Part I of Schedule 6 to this Act shall apply to the right of entry conferred by subsection (1) above.3Any person designated by a sewerage undertaker under subsection (1) above for the purpose of exercising any power under this section for the purposes of Chapter III of Part IV of this Act may, on any occasion on which he so exercises that power in relation to any premises, obtain and take away any sample of any trade effluent which is passing (either directly or through a drain or private sewer) from those premises into any of the undertaker’s public sewers.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6In this section “trade effluent” and “trade premises” have the same meanings as in Chapter III of Part IV of this Act; and, accordingly, section 139 above shall have effect for the purposes of this section as it has effect for the purposes of that Chapter. Entry for metering purposes.1721Where the conditions set out in section 162(1) above are satisfied in relation to any premises, any person designated in writing for the purpose by the relevant undertaker in question may enter those premises, or any land occupied with those premises, for any of the purposes specified in subsection (2) below.2The purposes mentioned in subsection (1) above are—athe carrying out of any survey or tests for the purpose of determining—iwhether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (3) of section 162 above is practicable;iiwhether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out; oriiihow any works specified in that subsection should be carried out;bthe carrying out of any works so specified;cthe inspection, examination or testing of any meter which is on those premises or of any pipes or apparatus installed in the course of any works which were carried out for any purpose that is connected with the installation, connection, testing, maintenance or repair of any such meter;dthe ascertainment from any meter of the volume of water supplied to, or of effluent discharged from, those premises.3Part II of Schedule 6 to this Act shall apply in relation to the rights and powers conferred by the preceding provisions of this section.4Where any meter or other recording apparatus is provided in any premises in pursuance of Chapter III of Part IV of this Act for the purpose of assessing any charge, a sewerage undertaker may (instead of exercising its powers under this section) for the purpose of reading that meter or apparatus exercise the power conferred by section 171 above as if that purpose were included in the purposes mentioned in subsection (1) of that section. Impersonation of persons entitled to entry.1731A person who, without having been designated or authorised for the purpose by a relevant undertaker, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.2For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist or would not be exercisable even if that person had been designated or authorised by a relevant undertaker. CHAPTER II PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS <Abbreviation Expansion="et cetera" xml:lang="la">ETC.</Abbreviation> Protection of apparatus in general Offences of interference with works etc.174Subject to subsection (2) below, if any person without the consent of the water undertaker—1aintentionally or recklessly interferes with any resource main, water main or other pipe vested in any water undertaker or with any structure, installation or apparatus belonging to any water undertaker; orbby any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.1ASubject to subsection (2) below, if any person without the consent of the water supply licensee—aintentionally or recklessly interferes with any pipe or any structure, installation or apparatus which—iis vested in any water supply licensee (in the case of a pipe) or belongs to any such licensee (in any other case); andiiis used in connection with the carrying on by the licensee of the activities authorised by the licensee's licence; orbby any act or omission negligently interferes with any such pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.2A person shall not be guilty of an offence under subsection (1) or (1A) above—aby reason of anything done in an emergency to prevent loss or damage to persons or property; orbby reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker or water supply licensee if—ihe has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; andiiin the case of opening a stopcock, subsection (2A) below applies.2AThis subsection applies—ain the case of a stopcock belonging to a water undertaker, if the stopcock was closed otherwise than by the undertaker;bin the case of a stopcock belonging to a water supply licensee—iif the stopcock was closed otherwise than by the licensee; oriiif the stopcock was closed by the licensee and the person in question for the purposes of subsection (2) above is the water undertaker whose supply system is used for the purpose of the supply made by the licensee,and in this subsection the reference to the supply system of a water undertaker shall be construed in accordance with section 17B above.3Any person who, without the consent of the water undertaker—aattaches any pipe or apparatus—ito any resource main, water main or other pipe vested in a water undertaker; oriito any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;bmakes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; orcsubject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.3AAny person who, without the consent of the water supply licensee—aattaches any pipe or apparatus to any pipe which is—ivested in a water supply licensee; andiiused in connection with the carrying on by the licensee of the activities authorised by the licensee's licence;battaches any pipe or apparatus to any service pipe which does not belong to such a licensee or a water undertaker but which is a pipe by means of which water is supplied by such a licensee to any premises;cmakes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; ordsubject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.4In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above or paragraph (d) of subsection (3A) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in subsection (3) or (3A) above (as the case may require).5If any person wilfully or negligently injures or suffers to be injured any water fitting belonging to a water undertaker, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.5AIf any person wilfully or negligently injures or suffers to be injured any water fitting which—abelongs to a water supply licensee; andbis used in connection with the carrying on by the licensee of the activities authorised by the licensee's licence,he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.6An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the water undertaker in question; and any such breach of duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.7The amount recoverable by virtue of subsection (6) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.8A water undertaker may—ado all such work as is necessary for repairing any injury done in contravention of subsection (5) above; andbrecover the expenses reasonably incurred by the undertaker in doing so from the offender summarily as a civil debt.8AIn this section “consumer”—ain relation to a supply of water provided by a water undertaker to any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;bin relation to a supply of water provided by a water supply licensee to any premises, means a person who is for the time being the person on whom liability to pay charges to the licensee in respect of that supply of water would fall.9In this section “water fitting” has the same meaning as in Part III of this Act; and in subsection (1) above the references to apparatus belonging to a water undertaker do not include references to any meter which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have been fixed by the undertaker by reference to volume. Protection of meters Offence of tampering with meter.1751If any person—aso interferes with a meter used by any relevant undertaker , water supply licensee or sewerage licensee in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; orbcarries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.2A person shall not be guilty of an offence under this section in respect of anything done by him with the appropriate consent .3In subsection (2) above, the “appropriate consent” means—aif the meter is used by one relevant undertaker, the consent of that undertaker;bif the meter is used by one water supply licensee, the consent of that licensee;baif the meter is used by one sewerage licensee, the consent of that licensee;cif the meter is used by two or more of the following persons—ia relevant undertaker;iia water supply licensee;iiia sewerage licensee,the consent of each of those persons.4In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below. Consent for the purposes of section 175.1761Where an application is made to any relevant undertaker for a consent for the purposes of section 175 above, the undertaker—ashall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; andbsubject to subsection (2) below, may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision.2On such an application a relevant undertaker shall not refuse its consent, or impose any such condition as is mentioned in subsection (1)(b) above, unless it is reasonable to do so.3Where any relevant undertaker has given a notice to any person imposing any such condition as is mentioned in subsection (1)(b) above, the undertaker—ashall carry out those works as soon as reasonably practicable after giving the notice; andbmay recover from that person any expenses reasonably incurred by it in doing so.4Any dispute between a relevant undertaker and any other person (including another such undertaker)—aas to whether the undertaker or that other person should bear any expenses under subsection (3) above; orbas to the amount of any expenses to be borne by any person under that subsection,shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority.5Subsection (3) above shall not apply where the person who was given the notice notifies the undertaker that the carrying out of the works to which the condition relates is no longer required. Financial obligations with respect to any interference with a meter.1771A relevant undertaker which carries out any works made necessary by the commission of an offence under section 175 above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.2Any person who sustains any loss or damage in consequence of any failure by any relevant undertaker—ato comply with any obligation imposed on it by section 176 above; orbto exercise reasonable care in the performance of the duty imposed by subsection (3)(a) of that section,shall be entitled to recover compensation from the undertaker.3Any dispute between a relevant undertaker and any other person (including another such undertaker)—aas to whether the undertaker or that other person should bear any expenses under this section;bas to whether the undertaker should pay any compensation under this section; orcas to the amount of any expenses to be borne by any person under this section or as to the amount of any such compensation,shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority. Obstruction of sewerage works etc. Obstruction of sewerage works etc.1781A person who wilfully obstructs any person acting in the execution of any of the relevant sewerage provisions shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.2If on a complaint made by the owner of any premises, it appears to a magistrates’ court that the occupier of those premises is preventing the owner of those premises from carrying out any work which he is required to carry out by or under any of the relevant sewerage provisions, the court may order the occupier to permit the carrying out of the work.3Sections 300 to 302 of the Public Health Act 1936 (which relate to the determination of questions by courts of summary jurisdiction and to appeals against such determinations) shall apply for the purposes of and in relation to the determination under subsection (2) above of any matter by a magistrates’ court—aas they apply for the purposes of or in relation to a determination by such a court under that Act; andbin the case of section 302, as if the reference to a decision of a local authority included a reference to a decision of a sewerage undertaker. CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS Vesting of works in undertaker Vesting of works in undertaker.1791Subject to subsections (1A) and (3) below—aevery relevant pipe which has been laid, in exercise of any power conferred by this Part or otherwise, by a relevant undertaker; andbevery sewage disposal works constructed by a sewerage undertaker,shall vest in the undertaker which laid it or, as the case may be, the undertaker which constructed them.1ASubsection (1) above is subject to any provision to the contrary contained in an agreement between the relevant undertaker and the person in whom an interest in the pipe or works is or is to be vested; ...2In addition to the sewers and works which vest in a sewerage undertaker by virtue of subsection (1) above, the following shall also vest in such an undertaker, that is to say—aevery sewer , lateral drain or sewage disposal works with respect to which a declaration of vesting made by that undertaker under Chapter II of Part IV of this Act takes effect; andbevery sewer which is laid in the area of that undertaker under Part XI of the Highways Act 1980 (making up private streets) and is not a sewer belonging to a road maintained by a highway authority.2AIn addition to the water mains and service pipes which vest in a water undertaker by virtue of subsection (1) above, every water main and so much of each service pipe with respect to which a declaration of vesting made by a water undertaker under Chapter 2 of Part 3 of this Act takes effect shall also vest in that undertaker.3Subsection (1) above shall not apply to a service pipe laid in a street other than the street in which the water main with which it connects is situated and shall not apply to a service pipe laid otherwise than in a street where that pipe is laid—ain pursuance of the duty imposed by virtue of section 46(4) above; orbin substitution for a service pipe belonging to a person other than the person who lays the replacement pipe.4If any water fittings let for hire by a water undertaker are suitably marked, they—ashall continue to be the property of and removable by the undertaker, even if they are fixed to some part of the premises in which they are situated or are laid in the soil under any premises; andbshall not be subject to distress ... or be liable to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or to be taken in execution under any process of any court or in any proceedings in bankruptcy against a person in whose possession they are;but nothing in this subsection shall affect the valuation for rating of any rateable hereditament.5It is hereby declared that anything which, in pursuance of any arrangements under section 97 above, is done on behalf of a sewerage undertaker by a relevant authority within the meaning of that section is, subject to any provision to the contrary contained in any such arrangements, to be treated for the purposes of this section as done by the undertaker.6The preceding provisions of this section are without prejudice, in relation to any company appointed to be a relevant undertaker, to the vesting of anything in that company by virtue of any scheme under Schedule 2 to this Act or of the exercise by any relevant undertaker of any power to acquire property by agreement or compulsorily.7In this section—“relevant pipe”—ain relation to a water undertaker, means any water main (including a trunk main), resource main, discharge pipe or service pipe; andbin relation to a sewerage undertaker, means any sewer , lateral drain or disposal main;and“water fittings” has the same meaning as in Part III of this Act;and water fittings let on hire by a water undertaker shall be treated as suitably marked for the purposes of this section if and only if they bear either such a distinguishing metal plate affixed to them or such a distinguishing brand or other mark conspicuously impressed or made on them as sufficiently indicates the undertaker as the actual owner of the fittings. Damage etc. caused by works Compensation for damage caused by works etc.180Schedule 12 to this Act shall have effect for making provision for imposing obligations for the purpose of minimising the damage caused in the exercise of certain powers conferred on undertakers and for imposing obligations as to the payment of compensation. Complaints with respect to the exercise of works powers on private land.1811Subject to subsection (2) below, it shall be the duty of the Authority to investigate any complaint made or referred to it with respect to the exercise by a relevant undertaker of any powers conferred on that undertaker by or by virtue of section 159 or 161(2) above.2The Authority shall not be required to investigate any such complaint as is mentioned in subsection (1) above if—athe complaint appears to the Authority to be vexatious or frivolous;bThe Authority is not satisfied that the complaint has been brought by the complainant to the attention of the relevant undertaker in question and that that undertaker has been given a reasonable opportunity of investigating and dealing with it; orcthe complaint was first made to the Authority or the Council more than twelve months, or such longer period as the Authority may for special reasons allow, after the matters to which the complaint relates first came to the notice of the complainant.3Where the Authority, in pursuance of its duty under this section, investigates a complaint with respect to the exercise of any powers by a relevant undertaker-ait shall be the duty of that undertaker to provide the Authority with all such information and assistance as it may reasonably require for the purposes of its investigation; andbit shall be the duty of the Authority, before giving any direction under subsection (4) below, to consider any representations made to it by the complainant or by that undertaker with respect to the subject-matter of the complaint.4If on a complaint under subsection (1) above with respect to the exercise of any powers by a relevant undertaker, the Authority is satisfied that that undertaker—ahas failed adequately to consult the complainant, before and in the course of exercising those powers, about the manner in which they are exercised; orbby acting unreasonably in the manner of its exercise of those powers, has caused the complainant to sustain loss or damage or to be subjected to inconvenience,the Authority may direct the undertaker to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience.5The Authority shall not under subsection (4) above direct a relevant undertaker to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to it appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.6The duties of a relevant undertaker by virtue of subsection (3)(a) above shall be enforceable under section 18 above by the Authority.7A person to whom any amount is required, in pursuance of a direction under subsection (4) above, to be paid by a relevant undertaker shall be entitled to recover that amount from that undertaker by virtue of this section.8The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (4) above. Codes of practice with respect to work on private land.1821For the purposes of section 181 above it shall be the duty of every company holding an appointment under Chapter I of Part II of this Act as a relevant undertaker—aas soon as reasonably practicable after its appointment takes effect, to submit to the Secretary of State for his approval a code of practice with respect to its exercise of any powers conferred by or by virtue of section 159 or 161(2) above; andbif required to do so by the Secretary of State at any subsequent time, to submit proposed modifications of that code to the Secretary of State for his approval.2The Secretary of State, if he considers it appropriate to do so for the purpose of promoting what appear to him to be desirable practices with respect to the exercise, by any company holding an appointment under Chapter I of Part II of this Act as a relevant undertaker, of any powers conferred by or by virtue of section 159 or 161(2) above, may at any time by order made by statutory instrument, in relation to that company—aapprove any code of practice with respect to the exercise of those powers which has been submitted to him (whether or not under subsection (1) above) by that company for his approval;bapprove any modifications of such a code which have been so submitted; orcwithdraw his approval for any such code or modification.3A contravention of a code of practice as for the time being approved under this section in relation to a company shall not—aaffect the powers conferred on that company as a relevant undertaker by this Part;bof itself entitle any person to be paid any amount under subsection (4) of section 181 above; orcgive rise to any criminal or civil liability;but the Authority shall take into account whether there has been any such contravention in determining whether to give a direction under that subsection to that company and in determining the amount to which any such direction relates.4The Secretary of State shall not make an order under subsection (2) above unless he has first consulted all such persons as he considers it appropriate to consult.5The duties of a relevant undertaker under subsection (1) above shall be enforceable under section 18 above by the Secretary of State. Protective provisions Protection for particular undertakings.183Schedule 13 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities by relevant undertakers. Power of certain undertakers to alter public sewers etc.1841The Environment Agency or the NRBW or the Civil Aviation Authority or any internal drainage board, dock undertakers, railway undertakers , airport operator or licence holder may, after giving reasonable notice to the sewerage undertaker concerned, at their own expense and on substituting an equivalent, take up, divert or alter the level of any sewers, drains, culverts or other pipes which—aare vested in the undertaker; andbpass under or interfere with, or interfere with the alteration or improvement of, as the case may be—iany watercourse or other works vested in or under the control of the Environment Agency or the NRBW or that internal drainage board;iiany property of the Civil Aviation Authority;iiiany river, canal towing path or works forming part of the undertaking of those dock undertakers;ivthe railway of the railway undertakers; . . .vthe airport in question. ; orviany property of a licence holder which is used by the licence holder for the purpose of carrying out activities authorised by the licence.2In subsection (1) above “an equivalent”, in relation to any sewers, drains, culverts or pipes means other sewers, drains, culverts or pipes which will be equally effectual and will entail no additional expense for the sewerage undertaker in question.3Any difference of opinion which arises under this section between a sewerage undertaker and any person as to whether any sewers, drains, culverts or pipes substituted or proposed to be substituted for sewers, drains, culverts or pipes of that undertaker—aare or will be equally effectual; orbentail or will entail additional expense for the sewerage undertaker,may, at the option of the party complaining, be referred to a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.4In this section—“airport operator” means the person who is the airport operator for the purposes of Part V of the Airports Act 1986 in relation to an airport to which that Part of that Act applies; . . .“dock undertakers” has the same meaning as in Chapter II of Part IV of this Act. ; and“licence holder” means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and “licence” shall be construed accordingly. Duty to move pipes etc. in certain cases.1851Where any relevant pipe or other apparatus is for the time being kept installed by a relevant undertaker on, under or over any land, any person with an interest in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe or apparatus on the ground that the alteration or removal of that pipe or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.2Subject to subsections (3) and (4) below, where a notice is served on a relevant undertaker under subsection (1) above, it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.3Nothing in this section shall require a relevant undertaker to alter or remove any pipe or apparatus which is kept installed in, under or over any street.4A relevant undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under subsection (1) above that such security as charging rules allow and the undertaker requires has been provided for the discharge of any obligation of that person under subsection (5) below.5Where a relevant undertaker carries out any works under this section by virtue of a notice having been served by any person under subsection (1) above, the person serving the notice is liable to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8The duty of a relevant undertaker under this section shall be enforceable under section 18 above by the Authority.9In this section—“improvement”, in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water, or the provision of sewerage services, to any premises; and“relevant pipe” has the same meaning as in section 158 above. Protective provisions in respect of flood defence works and watercourses etc.1861Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—awith any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; orbwith any such works used by any person for irrigating any land.2Without prejudice to the construction of subsection (1) above for the purposes of its application in relation to the other provisions of this Act, that subsection shall have effect in its application in relation to the relevant sewerage provisions as if any use of or injury to any such works as are mentioned in paragraph (a) or (b) of that subsection were such an interference as is mentioned in that subsection.3Nothing in the relevant sewerage provisions shall authorise a sewerage undertaker injuriously to affect—aany reservoir, canal, watercourse, river or stream, or any feeder thereof; orbthe supply, quality or fall of water contained in, or in any feeder of, any reservoir, canal, watercourse, river or stream,without the consent of any person who would, apart from this Act, have been entitled by law to prevent, or be relieved against, the injurious affection of, or of the supply, quality or fall of water contained in, that reservoir, canal, watercourse, river, stream or feeder.4Nothing in the relevant sewerage provisions, except sections 113 and 116 above, shall be taken to affect any right of drainage acquired by any person by prescription or otherwise before 1st October 1937.5Where a relevant undertaker proposes, otherwise than in exercise of any compulsory powers, to construct or alter any relevant inland waters in any internal drainage district or to construct or alter any works on or in any such inland waters, the undertaker shall consult the drainage board for that district before doing so.6A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.7Any dispute—aas to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above;bas to whether any consent for the purposes of this section is being unreasonably withheld;cas to whether any condition subject to which any such consent has been given was reasonable; ordas to whether the supply, quality or fall of water in any reservoir, canal, watercourse, river, stream or feeder is injuriously affected by the exercise of powers under the relevant sewerage provisions,shall be referred (in the case of a dispute falling within paragraph (d) above, at the option of the party complaining) to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.8In this section “relevant inland waters” means any inland waters other than any which form part of a main river for the purposes of Part IV of the Water Resources Act 1991.9The provisions of this section shall be without prejudice to the provisions of Schedule 13 to this Act. Works in tidal lands etc.1871Nothing in any of the provisions of this Part relating to any relevant works power shall authorise any relevant undertaker to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State.2An approval for the purposes of subsection (1) above shall be given to a relevant undertaker by the service on that undertaker of a notice containing the approval.3In subsection (1) above the reference to a relevant works power is a reference to a power conferred by any of the relevant sewerage provisions or by any of sections 158, 159, 161, 163 and 165 above, except the power conferred by section 161(3). Mineral rights.188Schedule 14 to this Act (which makes provision with respect to the acquisition of mineral rights by relevant undertakers and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders). Power to sell minerals deriving from sewerage works.1891A sewerage undertaker may sell any materials which—ahave been removed by that undertaker from any premises, including any street, when carrying out works under, or otherwise carrying into effect the provisions of, the relevant sewerage provisions; andbare not before the end of three days from the date of their removal claimed by the owner and taken away by him.2Where a sewerage undertaker sells any materials under this section, they shall pay the proceeds to the person to whom the materials belonged after deducting the amount of any expenses recoverable by the undertaker from him.3This section is subject to any rights conferred by virtue of paragraph 1 of Schedule 14 to this Act, does not apply to refuse removed by a sewerage undertaker and is not to be taken as prejudicing the determination of the rights and liabilities of a relevant undertaker when exercising a power in any case to which the preceding provisions of this section do not apply. Saving for planning controls.190Without prejudice to the operation of section 90 of the Town and Country Planning Act 1990 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act or the Water Act 1989 relates to the functions of a relevant undertaker, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of that Act of 1990) without the grant of such planning permission as may be required by that Act of 1990. Duties to make recreational facilities available when building reservoirs in Wales.1911Where a water undertaker carries out any works for or in connection with the construction or operation of a reservoir in Wales which—apermanently affect one or more communities; andbare not primarily intended by that undertaker to benefit the inhabitants of that or those communities,it shall be the duty of that undertaker to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.2It shall be the duty of every water undertaker, in performing its duty under subsection (1) above, to consult—athe community councils of the communities affected, in the case of communities having such councils; andbin any case, the council of any county or county borough in which any community affected is situated.3The duties of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State. Interpretation of Part VI Interpretation of Part VI.1921In this Part “discharge pipe” means a pipe from which discharges are or are to be made under section 165 above.2In this Part references to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe (within the meaning of section 158 above) as the pipe replaced.3The powers conferred by this Part on a relevant undertaker shall be exercisable both inside and outside the undertaker’s area.3AA relevant undertaker proposing to exercise any of its powers under section 158 or 159 above outside its own area shall, if subsection (3B) below applies, give notice of its proposal to the water undertaker or (as the case may be) sewerage undertaker for the area in question and, if that subsection applies, shall not carry out its proposal—awithout the consent of that other undertaker; orbwhere that other undertaker refuses to give its consent, or fails to give its consent before the end of the period of 28 days beginning with the day on which it is notified of the proposal, without the consent of the Authority.3BThis subsection applies where the proposal is to lay—aa water main which is not intended to be—ia trunk main; oriia water main used solely for the purpose of supplying water otherwise than for domestic purposes; orba sewer which is intended to be a public sewer but not a storm-water overflow sewer.4In so far as any powers conferred by this Part on a relevant undertaker authorise the removal of any pipe or the alteration of its size or course, those powers shall be subject to such obligations by virtue of which the undertaker is required—ato maintain a pipe or a connection with it; orbto alter a pipe only where certain conditions are satisfied,as are imposed on the undertaker by or under any enactment.5The powers conferred by virtue of this Part are without prejudice to any power conferred by virtue of any agreement and are cumulative.Part VII INFORMATION PROVISIONS Reports<Addition ChangeId="d29p32357" CommentaryRef="c19853021">Forward work programmes</Addition>192A1The Authority and the Council shall, before each financial year, each publish a document (the “forward work programme”) containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.2That description must include the objectives of each project.3The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority or the Council expects to incur during the year in the exercise of its functions.3AThe forward work programme for any year must also include an explanation of how the projects described in it reflect any strategic priorities or objectives published under section 2A or 2B.4Before publishing the forward work programme for any year, the Authority or the Council shall give notice—acontaining a draft of the forward work programme; andbspecifying the time within which representations or objections to the proposals contained in it may be made,and shall consider any representations or objections which are duly made and not withdrawn.5The notice under subsection (4) above must be published by the Authority or the Council in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.6The Authority must send a copy of any notice given by it under subsection (4) above to the Council, the Secretary of State and the Assembly.7The Council must send a copy of any notice given by it under subsection (4) above to the Authority, the Secretary of State and the Assembly.<Addition ChangeId="d29p32357" CommentaryRef="c19853021">Annual and other reports</Addition>192B1The Authority shall, as soon as practicable after the end of each financial year, make to the Secretary of State and the Welsh Ministers a report (the “annual report” for that year) on—aits activities during that year; andbthe activities of the CMA during that year in respect of any references made by the Authority.2The annual report for each year shall include—aa general survey of developments in respect of matters falling within the scope of the Authority’s functions;ba report on the progress of the projects described in the forward work programme for that year;ca summary of final and provisional orders made and penalties imposed by the Authority during the year;da report on such matters relating to any relevant undertaker whose area is wholly or mainly in Wales as the Assembly may from time to time require; andea report on such other matters as the Secretary of State may from time to time require.3The annual report for each year shall set out any general directions given by the Secretary of State under section 27(3) above.4The Secretary of State or (as the case may be) the Assembly shall consult the Authority before exercising the power under subsection (2)(d) or (e) above in relation to any matter.5The Secretary of State shall—alay a copy of each annual report before each House of Parliament; andbarrange for the report to be published in such manner as he considers appropriate.5AThe Welsh Ministers shall—alay a copy of each annual report before the Assembly; andbarrange for the report to be published in such manner as they consider appropriate.6The Authority may also prepare other reports with respect to any matter falling within the scope of its functions and may arrange for any such report to be published in such manner as it considers appropriate.7The Authority shall send a copy of each annual or other report under this section to ... the Council and the Chief Inspector of Drinking Water.8In making or preparing any report under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body. Reports by Director.193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports by customer service committees.194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registers, maps etc. <Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7">the Authority's</Substitution> register.1951The Authority shall, at such premises and in such form as it may determine, maintain a register ...2Subject to any direction given under subsection (3) below, the Authority shall cause to be entered in the register the provisions of—aevery appointment under Chapter I of Part II of this Act, every termination or transfer of any such appointment, every variation of the area for which any company holds any such appointment and every modification of the conditions of any such appointment;aaevery licence under Chapter 1A of Part 2 of this Act, every variation or revocation of any such licence and every modification of the conditions of any such licence;bevery direction, consent or determination given or made under any such appointment by the Secretary of State, the CMA or the Authority itself;bbevery direction, consent or determination given or made under any such licence by the Secretary of State, the Authority, the Assembly , the Environment Agency or the NRBW ;bcevery determination made by the Authority under section 17E or 66CA(1) above or regulation 19 of the Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744);cevery final enforcement order made under section 18 above, every provisional enforcement order made or confirmed under that section and every revocation of such a final or provisional enforcement order;devery undertaking given to and accepted by the Secretary of State or the Authority for the purposes of subsection (1)(b) of section 19 above and every notice under subsection (3) of that section;. . . eevery special administration order and every discharge of such an order.fevery penalty imposed under section 22A(1) or (2) above and every notice under section 22A(6) above;andgevery designation made by the Authority under section 66G , 66H, 117N or 117O.3If it appears to the Secretary of State that the entry of any provision or, in the case of information that falls to be entered under subsection (3B), any information in the register would be against the public interest, he may direct the Authority not to enter that provision or that information in the register; and the Authority shall comply with any such direction.3AABefore giving a direction under subsection (3) above which relates to a water supply licensee, the Secretary of State shall consult the Assembly.3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3BSubject to any direction given under subsection (3), the Authority must cause to be entered on the register such information about an agreement falling within section 142(2)(b) as the Authority thinks fit.3CSubsection (3B) has effect in relation to agreements made after the coming into force of section 33 of the Water Act 2014.4The Authority must publish a notice setting out—athe times at which the contents of the register are for the time being available for inspection by the public;bthe fees that must be paid for, or in connection with, an inspection of the contents of the register;cthe fees that must be paid for, or in connection with, the supply by the Authority of—ia copy of the contents of the register, certified by the Authority as being a true copy, oriian extract from the contents of the register, certified by the Authority as being a true extract.3DSubject to any direction given under subsection (3), the Authority must cause to be entered on the register the provisions of—aa notice under section 40F(3) (reduction in charges payable under a bulk supply agreement);ba notice under section 66EA(3) (reduction in charges payable under a section 66D agreement);ca notice under section 110G(3) (reduction in charges payable under a main connection agreement);da notice under section 117J(3) (reduction in charges payable under a section 117E agreement).4AThe Authority must publish the notice in such manner as the Authority thinks appropriate for bringing it to the attention of the persons who, in the Authority's opinion, are likely to be affected by it.4BThe Authority must make the contents of the register available for inspection by the public—aduring such hours, andbon payment of such fees,as are set out in the notice under subsection (4) that is for the time being in force.7Any sums received by the Authority under this section shall be paid into the Consolidated Fund.<Addition ChangeId="d29p32709" CommentaryRef="c19858091">Reasons for decisions</Addition>195A1This section applies to the following decisions of the Authority, the Secretary of State or the Assembly, namely—athe modification of the conditions of an appointment under Chapter 1 of Part 2 of this Act or the variation of the area to which an appointment relates;bthe modification of the conditions of a licence under Chapter 1A of that Part;cthe termination of such an appointment or the revocation of such a licence;dthe giving of any directions or consent in pursuance of a condition included in such an appointment by virtue of section 12(1) above or in such a licence by virtue of section 17G(3)(a) or (b) above;ethe determination of a question referred in pursuance of a condition included in such an appointment by virtue of section 12(2) above or in such a licence by virtue of section 17G(3)(c) above;fthe making of a determination under section 17E or 66CA(1) above; andgthe making of a final enforcement order, the making or confirmation of a provisional enforcement order or the revocation of a final order or of a provisional order which has been confirmed.2As soon as reasonably practicable after making such a decision the Authority, the Secretary of State or the Assembly shall publish a notice stating the reasons for the decision in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.3A person publishing a notice under subsection (2) above shall serve a copy on the company holding the appointment or the person holding the licence to which the decision relates.4A person preparing a notice under subsection (2) above shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.5This section does not apply in relation to a decision of the Authority resulting in any provision which the Authority was directed under section 195(3) above not to enter in the register required to be kept under that section. Trade effluent registers.1961It shall be the duty of every sewerage undertaker to secure that copies of—aevery consent given or having effect as if given by the undertaker under Chapter III of Part IV of this Act;bevery direction given or having effect as if given by the undertaker under that Chapter;cevery agreement entered into or having effect as if entered into by the undertaker under section 129 above; andeevery notice served on the undertaker under section 132 above,are kept available, at all reasonable times, for inspection by the public free of charge at the offices of the undertaker.2It shall be the duty of every sewerage undertaker, on the payment of such sum as may be reasonable, to furnish a person who requests it with a copy of, or of an extract from, anything kept available for inspection under this section.3The duties of a sewerage undertaker under this section shall be enforceable under section 18 above by the Authority. Register for the purposes of works discharges.1971Every water undertaker shall keep a register of persons and premises for the purposes of section 166 above.2A water undertaker shall enter the name and address of a person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—athe owner or occupier of those premises; orban officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.3If any water undertaker contravenes, without reasonable excuse, any of the requirements of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Maps of waterworks.1981Subject to subsections (4) and (5) below, it shall be the duty of every water undertaker to keep records of the location of—aevery resource main, water main or discharge pipe which is for the time being vested in that undertaker; andbany other underground works, other than a service pipe, which are for the time being vested in that undertaker.1ASubject to subsection (4) below, it shall also be the duty of every water undertaker to keep records of the location and (in the case of a water main) other relevant particulars of—aevery water main in relation to which a declaration of vesting has been made by the undertaker under Chapter 2 of Part 3 of this Act but has not taken effect; andbevery water main which is the subject of any agreement to make such a declaration which has been entered into by (or on behalf of) the undertaker.1BFor the purposes of this section the other relevant particulars of a water main are (in addition to its location) particulars of whether it is a water main in relation to which a declaration has been made under Chapter 2 of Part 3 of this Act or a water main which is the subject of an agreement to make such a declaration.2It shall be the duty of every water undertaker to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the undertaker.3Any information which is required under this section to be made available by a water undertaker for inspection by the public shall be so made available in the form of a map.4For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) or (1A) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.5Nothing in this section shall require a water undertaker, at any time before 1st September 1999, to keep records of—aany pipe which was laid before 1st September 1989; orbany underground works which were completed before 1st September 1989,unless those particulars were shown on 31st August 1989 on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the Water Act 1945 (maps of underground works).6The reference in subsection (5) above to section 12 of Schedule 3 to the Water Act 1945 shall have effect, without prejudice to section 20(2) of the Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.7The duties of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State.8In this section “discharge pipe” has the same meaning as in Part VI of this Act. Sewer maps.1991Subject to subsections (6) to (8) below, it shall be the duty of every sewerage undertaker to keep records of the location and other relevant particulars—aof every public sewer , lateral drain or disposal main which is vested in the undertaker;bof every sewer or lateral drain in relation to which a declaration of vesting has been made by the undertaker under Chapter II of Part IV of this Act but has not taken effect; andcof every drain or sewer which is the subject of any agreement to make such a declaration which has been entered into by the undertaker under section 104 above.2For the purposes of this section the relevant particulars of a drain, sewer or disposal main are (in addition to its location) particulars—aof whether it is a drain, sewer or disposal main and of the descriptions of effluent for the conveyance of which it is or is to be used; andbof whether it is vested in the undertaker or, if it is not, of whether it is a sewer in relation to which a declaration has been made under Chapter II of Part IV of this Act or a drain or sewer which is the subject of an agreement under section 104 above.3The records kept by a sewerage undertaker under this section shall be kept separately in relation to the area of each local authority within whose area there is any drain, sewer or disposal main of which that undertaker is required to keep records and to whom the undertaker is required under section 200 below to provide copies of the contents of those records.4It shall be the duty of every sewerage undertaker to secure that the contents of all the records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the undertaker.5Any information which is required under this section to be made available by a sewerage undertaker for inspection by the public shall be so made available in the form of a map.6For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.7Nothing in this section shall require a sewerage undertaker to keep records of any particulars of a drain, sewer or disposal main laid before 1st September 1989 if—athe undertaker does not know of, or have reasonable grounds for suspecting, the existence of the drain, sewer or disposal main; orbit is not reasonably practicable for the undertaker to discover the course of the drain, sewer or disposal main and it has not done so.8Nothing in this section shall require a sewerage undertaker, at any time before 1st September 1999, to keep records of any particulars of any such drain, sewer or disposal main laid before 1st September 1989 as would not be excluded from its records by virtue of subsection (7) above unless—athose particulars were shown on 31st August 1989 on a map kept by a local authority under section 32 of the Public Health Act 1936 (sewer maps); orbit is a drain or sewer in relation to which a declaration of vesting, or an agreement to make such a declaration, has been made since 31st August 1989.9The duties of a sewerage undertaker under this section shall be enforceable under section 18 above by the Secretary of State. Provision of sewer maps to local authorities.2001It shall be the duty of every sewerage undertaker so to provide local authorities, free of charge, with—acopies of the contents of records kept under section 199 above; andbcopies of any modifications of those records,as to ensure that every local authority to whose area any of those records relate are at all times informed of the contents for the time being of the records relating to their area.2A local authority shall secure that so much of any information provided to them by virtue of this section as consists in the contents for the time being of records kept by a sewerage undertaker under section 199 above is available, at all reasonable times, for inspection by the public free of charge at an office of the authority.3Any information which is required under this section to be provided to a local authority or to be made available by a local authority for inspection by the public shall be so provided or made available in the form of a map.4The duties of a sewerage undertaker under this section shall be enforceable under section 18 above by the Secretary of State.5In this section and, accordingly, in section 199(3) above “local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple. Publication of certain information and advice Publication of certain information and advice.2011The Secretary of State may arrange for the publication, in such form and in such manner as he considers appropriate, of such information arelating to any matter which is connected with the carrying out by a company holding an appointment under Chapter 1 of Part 2 of this Act of the functions of a relevant undertaker; orbrelating to any matter which is connected with the carrying on by a person holding a licence under Chapter 1A of that Part of the activities authorised by the licence,as it may appear to him to be in the public interest to publish.2The Authority may arrange for the publication, in such form and in such manner as he considers appropriate, of such information and advice as it may appear to it to be expedient to give to any customer or potential customer of a company holding an appointment under Chapter I of Part II of this Act or a person holding a licence under Chapter 1A of that Part.3In arranging for the publication of any such information or advice the Secretary of State or the Authority shall have regard to the need for excluding, so far as that is practicable—aany matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Secretary of State or (as the case may be) the Authority, seriously and prejudicially affect the interests of that individual; andbany matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Secretary of State or (as the case may be) the Authority, seriously and prejudicially affect the interests of that body.4The CMA shall consult the Authority before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Authority under subsection (2) of this section. Powers to acquire and duties to provide information Duties of undertakers to furnish the Secretary of State with information.2021It 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—ais connected with, or with any proposals relating to, the carrying out by that company of the functions of a relevant undertaker; orbis 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.1AIt shall be the duty of a person 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—ais connected with, or with any proposals relating to, the carrying on by that person of the activities authorised by the licence; orbis 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.2Information 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.3The information which a person 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 person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to obtain.4A requirement for the purposes of this section shall be contained in a direction which—amay describe the information to be furnished in such manner as the Secretary of State considers appropriate;bmay require the information to be furnished on a particular occasion, in particular circumstances or from time to time; andcmay be given to a particular company or person, to companies or persons of a particular description, to all the companies holding appointments under Chapter I of Part II of this Act or to all the persons holding licences under Chapter 1A of that Part.5The obligations of a relevant undertaker , water supply licensee or sewerage licensee under this section shall be enforceable under section 18 above by the Secretary of State.6In this section “the other consolidation Acts” means the Water Resources Act 1991, ... so much of the Land Drainage Act 1991 as confers functions on the Secretary of State with respect to the Environment Agency or on the Welsh Ministers with respect to the NRBW and the Water Consolidation (Consequential Provisions) Act 1991. Power to acquire information for enforcement purposes.2031The Minister or the Authority may serve a notice under subsection (2) in respect of—aa company that holds an appointment as a relevant undertaker, if of the opinion that Condition 1 is satisfied, orba person who holds a licence under Chapter 1A of Part 2, if of the opinion that Condition 2 is satisfied.1ACondition 1 is that the company—amay be contravening, or may have contravened, a condition of the appointment or a statutory or other requirement enforceable under section 18,bmay be causing or contributing to, or may have caused or contributed to, a contravention by another company holding an appointment as a relevant undertaker of a condition of the appointment or a statutory or other requirement enforceable under section 18,cmay be causing or contributing to, or may have caused or contributed to, a contravention by a person holding a licence under Chapter 1A of Part 2 of a condition of the licence or a statutory or other requirement enforceable under section 18,dhas not met the standards prescribed under section 38(2) in connection with the provision of supplies of water, orehas not met the standards prescribed under section 95(2) in connection with the provision of sewerage services.1BCondition 2 is that the person—amay be contravening, or may have contravened, a condition of the licence or a statutory or other requirement enforceable under section 18,bmay be causing or contributing to, or may have caused or contributed to, a contravention by a company holding an appointment as a relevant undertaker of a condition of the appointment or a statutory or other requirement enforceable under section 18,cmay be causing or contributing to, or may have caused or contributed to, a contravention by another person holding a licence under Chapter 1A of Part 2 of a condition of the licence or a statutory or other requirement enforceable under section 18,dhas not met the standards prescribed under section 38ZA(2) in connection with the provision of water supplies, orehas not met the standards prescribed under section 95ZA(2) in connection with the provision of sewerage services.1CThe notice may be served—aon any person;bfor any purpose connected with powers under Chapter 2 of Part 2.2A notice under this subsection is a notice signed by the Minister or the Authority and—arequiring the person on whom it is served to produce, at a time and place specified in the notice, to—ithe Minister or the Authority; oriiany person appointed by the Minister or the Authority for the purpose,any documents which are specified or described in the notice and are in that person’s custody or under his control; orbrequiring that person, if he is carrying on a business, to furnish, at the time and place and in the form and manner specified in the notice, the Minister or the Authority with such information as may be specified or described in the notice.3No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the High Court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.4A person who, without reasonable excuse, fails to do anything required of him by a notice under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.5A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (2) above to produce shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.6If a person makes default in complying with a notice under subsection (2) above, the High Court may, on the application of the Minister or the Authority, make such order as the Court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.7Nothing in this section shall be construed as restricting any power of the Secretary of State or the Authority under section 202 above or the conditions of an appointment under Chapter I of Part II of this Act or of a licence under Chapter 1A of that Part to require a company holding such an appointment or a person holding such a licence to produce any document to him or to furnish him with any information.8The Minister” means—athe Secretary of State, in respect of—iany relevant undertaker whose area is wholly or mainly in England;iiany water supply licensee or sewerage licensee carrying out licensed activities using the supply system or sewerage system of any such undertaker;bthe Welsh Ministers, in respect of—iany relevant undertaker whose area is wholly or mainly in Wales;iiany water supply licensee or sewerage licensee carrying out licensed activities using the supply system or sewerage system of any such undertaker.9In this section—areferences to the supply system of a water undertaker are to be construed in accordance with section 17B;breferences to the sewerage system of a sewerage undertaker are to be construed in accordance with section 17BA(7). Provision of information to sewerage undertakers with respect to trade effluent discharges.2041The owner or occupier of any land on or under which is situated any sewer, drain, pipe, channel or outlet used or intended to be used for discharging any trade effluent into a sewer of a sewerage undertaker shall, when requested to do so by the undertaker—aproduce to the undertaker all such plans of the sewer, drain, pipe, channel or outlet as the owner or, as the case may be, occupier possesses or is able without expense to obtain;ballow copies of the plans so produced by him to be made by, or under the directions of, the undertaker; andcfurnish to the undertaker all such information as the owner or, as the case may be, occupier can reasonably be expected to supply with respect to the sewer, drain, pipe, channel or outlet.2A request by a sewerage undertaker for the purposes of this section shall be made in writing.3Every person who fails to comply with this section shall be guilty of an offence and liable, on summary conviction to a fine not exceeding level 3 on the standard scale.4Expressions used in this section and in Chapter III of Part IV of this Act have the same meanings in this section as in that Chapter; and, accordingly, section 139 above shall have effect for the purposes of this section as it has effect for the purposes of that Chapter. Exchange of metering information between undertakers.2051Where—adifferent services are provided in relation to the same premises by different service providers ;bone of those providers has obtained a reading from a meter used in determining the amount of any charges fixed in relation to those premises;cthe charges in relation to those premises of another of those providers are fixed by reference to any matter to which the reading is relevant; anddthat other provider has agreed to bear a reasonable proportion of the expenses of obtaining the reading together with the reasonable expenses of the disclosure of the reading to it,it shall be the duty of the provider who obtained the reading to disclose the reading to the other provider.2Any dispute between a service provider and any other person (including another such provider)—aas to the terms to be contained in any agreement for the purposes of subsection (1)(d) above; orbas to the amount of any expenses to be borne by any person under any such agreement,shall be referred to the arbitration of a single arbitrator appointed by agreement between the provider and that person or, in default of agreement, by the Authority.3The duties of a service provider under this section shall be enforceable under section 18 above by the Authority.4For the purposes of this section, the following are service providers—aany relevant undertaker; ...bany water supply licensee.cany sewerage licensee.<Addition ChangeId="key-ff944838e3c2e5b57ad4a8dbe4aae30d-1750933796253" CommentaryRef="key-ff944838e3c2e5b57ad4a8dbe4aae30d">Pollution incident reduction plans</Addition><Addition ChangeId="key-ff944838e3c2e5b57ad4a8dbe4aae30d-1750933796253" CommentaryRef="key-ff944838e3c2e5b57ad4a8dbe4aae30d">Duty to prepare and publish plans</Addition>205A1Each relevant undertaker must, before 1 April in each calendar year, prepare and publish a pollution incident reduction plan.2A pollution incident reduction plan is a plan for how the undertaker intends to reduce the occurrence of pollution incidents that are attributable to its system.3For the purposes of this section, references to pollution incidents that are attributable to the system of an undertaker—aare references to discharges from any structure or apparatus comprised in that system of any content which may be harmful to health or the quality of the environment, butbdo not include references to discharges of treated effluent in accordance with an environmental permit (including any conditions to which it is subject).4A pollution incident reduction plan must address in particular—athe frequency with which pollution incidents have occurred during the preceding calendar year,bthe seriousness of those incidents and their causes,cthe steps the undertaker has taken to maintain any structure or apparatus comprised in its system which has been the cause of any such incidents,dthe measures the undertaker intends to take or continue for the purpose of reducing the occurrence of pollution incidents,ethe impact that the undertaker considers the measures will have in furthering that purpose,fthe likely sequence and timing for implementing those measures, andgany other matters specified by the Minister in directions.5The Minister must consult the appropriate agency before giving directions under subsection (4)(g).6A relevant undertaker must have regard to any guidance given by the appropriate agency about the preparation and publication of a pollution incident reduction plan.7The appropriate agency must consult the Authority and the Minister before giving guidance of the kind mentioned in subsection (6).8A pollution incident reduction plan must include, or be published with, a statement by the chief executive of the undertaker that the chief executive has personally approved the plan.9The first pollution incident reduction plan required by this section must be published by a relevant undertaker before 1 April in the calendar year after the one in which this section comes into force.10In this section—“appropriate agency” means—the Environment Agency, in relation to relevant undertakers whose areas are wholly or mainly in England, andthe NRBW, in relation to relevant undertakers whose areas are wholly or mainly in Wales;“chief executive”, in relation to an undertaker, means an employee of the undertaker who, alone or jointly with one or more others, is responsible under the immediate authority of the board of directors for the conduct of the whole of the business of the undertaker;“environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016;“the Minister” means—the Secretary of State, in relation to relevant undertakers whose areas are wholly or mainly in England, andthe Welsh Ministers, in relation to relevant undertakers whose areas are wholly or mainly in Wales;“system”, in relation to a relevant undertaker, means—in the case of a water undertaker, its supply system within the meaning of Chapter 1A of Part 2 (see section 17B);in the case of a sewerage undertaker, its sewerage system within the meaning of that Chapter (see section 17BA(7)).11In the case of a relevant undertaker that is both a water undertaker and a sewerage undertaker, the duty in subsection (1) is to be discharged in respect of both of its systems in a single plan.<Addition ChangeId="key-ff944838e3c2e5b57ad4a8dbe4aae30d-1750933796253" CommentaryRef="key-ff944838e3c2e5b57ad4a8dbe4aae30d">Implementation reports</Addition>205B1A relevant undertaker must, together with each pollution incident reduction plan that it publishes (except the first), publish an implementation report.2An implementation report is a report containing the undertaker’s assessment of—athe extent to which it succeeded in implementing the planned measures during the preceding calendar year, andbto the extent that it failed to implement those measures during that year—ithe reasons for that failure, andiihow the undertaker intends to avoid repeating that failure in respect of any measures in its current plan that are the same as, or similar to, those in respect of which the failure occurred.3In subsection (2), “the planned measures”, in relation to an undertaker and a calendar year, means the measures set out in its previous pollution incident reduction plans so far as they were (according to those plans) likely to be implemented in that year.4Subsections (6), (7) and (8) of section 205A apply in relation to implementation reports as they apply in relation to pollution incident reduction plans.<Addition ChangeId="key-ff944838e3c2e5b57ad4a8dbe4aae30d-1750933796253" CommentaryRef="key-ff944838e3c2e5b57ad4a8dbe4aae30d">Sections 205A and 205B: enforcement and sanctions</Addition>205C1The duties of a relevant undertaker under sections 205A(1) and 205B(1) are enforceable by the appropriate agency.2If a relevant undertaker fails to comply with its duty under section 205A(1) or 205B(1)—athe undertaker commits an offence, andbthe chief executive of the undertaker commits an offence, subject to subsection (3).3It is a defence for the chief executive to prove that they took all reasonable steps to avoid the failure.4A person who commits an offence under this section is liable, on summary conviction or conviction on indictment, to a fine.5An offence under this section is to be treated as a relevant offence in relation to the appropriate agency for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions).6Where, in deciding how to exercise its functions in relation to a relevant undertaker, the appropriate agency has regard to the record of the undertaker in complying with its legal obligations concerning pollution, it must also have regard to the record of the undertaker in implementing measures set out in its pollution incident reduction plans.7In this section, “appropriate agency” and “chief executive” have the meanings given by section 205A(10).<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Restriction on disclosure of information</Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1724169603607" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Restriction on disclosure of information.</Substitution>2061Subject to the following provisions of this section, no information with respect to any particular business which—ahas been obtained by virtue of any of the provisions of this Act; andbrelates to the affairs of any individual or to any particular business,shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.2No person shall disclose any information furnished to him under section ... 204 above or under Chapter III of Part IV of this Act except—awith the consent of the person by whom the information was furnished;bin connection with the execution of that Chapter;cfor the purposes of any proceedings arising under that Chapter (including any appeal, application to the Secretary of State or the Authority or an arbitration);dfor the purposes of any criminal proceedings (whether or not so arising); orefor the purposes of any report of any proceedings falling within paragraph (c) or (d) above.3Subsection (1) above does not apply to any disclosure of information which is made—afor the purpose of facilitating the carrying out by the Secretary of State, the Minister, the Environment Agency, the NRBW, the Scottish Environment Protection Agency, the Authority , the Council , the CMA or a county council or local authority of any of his, its or, as the case may be, their functions by virtue of this Act, any of the other consolidation Acts , the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990 , the Environment Act 1995, regulations under section 2 of the Pollution Prevention and Control Act 1999, the Water Act 2003 , the Water Act 2014 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903);bfor the purpose of facilitating the performance by a relevant undertaker of any of the duties imposed on it by or under this Act, any of the other consolidation Acts , the Water Act 1989 , the Water Act 2003 or ... the Water Act 2014 or by a water supply licensee or sewerage licensee of any of the duties imposed on the licensee by or under this Act , the Water Act 2003 or the Water Act 2014;cin pursuance of any duty imposed by section 27H above or section 197(1)(a) or (2) or 203(1), (1A), (2) or (2A) of the Water Resources Act 1991 (information about water flow and pollution);cafor the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;dfor the purpose of facilitating the carrying out by any person mentioned in Part I of Schedule 15 to this Act of any of his functions under any of the enactments or instruments specified in Part II of that Schedule;efor the purpose of enabling or assisting the Secretary of State, the Treasury, the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England to exercise any powers conferred by or under the Financial Services and Markets Act 2000 or by the enactments relating to companies or insolvency;eafor the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;ffor the purpose of enabling an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;gfor the purpose of facilitating the carrying out by . . . the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;gafor the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;hfor the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;iin connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;jfor the purposes of any civil proceedings brought under or by virtue of this Act, any of the other consolidation Acts, , the Water Act 2003 , the Water Act 2014 or any of the enactments or instruments specified in Part II of Schedule 15 to this Act, or of any arbitration under this Act, any of the other consolidation Acts , the Water Act 1989 , the Water Act 2003 or the Water Act 2014; orkin pursuance of an assimilated obligation.4Nothing in subsection (1) above shall be construed—aas limiting the matters which may be published under section 38A, 95A or 201 above or may be included in, or made public as part of, a report of the Environment Agency, the NRBW, the Scottish Environment Protection Agency, the Authority, the Council (or any regional committee) or the CMA under any provision of this Act , Part I or IIA of the Environmental Protection Act 1990, the Water Resources Act 1991, the Environment Act 1995 , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003; orbas applying to any information which has been so published or has been made public as part of such a report or to any information exclusively of a statistical nature.5Subject to subsection (6) below, nothing in subsection (1) above shall preclude the disclosure of information—aif the disclosure is of information relating to a matter connected with the carrying out of the functions of a relevant undertaker, or with the carrying on by a water supply licensee or sewerage licensee of activities under the licence held by the licensee, and is made by one Minister of the Crown or government department to another; orbif the disclosure is for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Secretary of State to discharge any functions which are specified in the order.6The power to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and where such an order designates an authority for the purposes of paragraph (b) of that subsection, the order may—aimpose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; andbotherwise restrict the circumstances in which disclosure is so permitted.7Any person who discloses any information in contravention of the preceding provisions of this section shall be guilty of an offence.8A person who is guilty of an offence under this section by virtue of subsection (1) above shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.9A person who is guilty of an offence under this section by virtue of subsection (2) above shall be liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale or to both .9AInformation obtained by the Authority in the exercise of functions which are exercisable concurrently with the CMA under Part I of the Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) and not to subsections (1) to (9) of this section.10In this section “the other consolidation Acts” means the Water Resources Act 1991, ... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.11In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.<Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1750934620004" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Provision of false information</Substitution><Substitution ChangeId="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7-1750934620004" CommentaryRef="M_F_941a0666-14b3-4384-e969-9d95b05ca6d7"> Provision of false information.</Substitution>2071If any person, in furnishing any information or making any application under or for the purposes of any provision of this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.2Proceedings for an offence under subsection (1) above shall not be instituted except by or with the consent of the Secretary of State . . . or the Director of Public Prosecutions.Part 7A<Addition ChangeId="key-cf903621de5e1513a80183aecb9d1634-1613248529755" CommentaryRef="key-cf903621de5e1513a80183aecb9d1634">Further provision about regulation</Addition><Emphasis><Addition ChangeId="key-cf903621de5e1513a80183aecb9d1634-1613248529755" CommentaryRef="key-cf903621de5e1513a80183aecb9d1634">Appeals relating to revisions of codes</Addition></Emphasis><Addition ChangeId="key-cf903621de5e1513a80183aecb9d1634-1613248529755" CommentaryRef="key-cf903621de5e1513a80183aecb9d1634">Appeals to the CMA</Addition>207A1The Secretary of State may by regulations provide for an appeal to lie to the CMA from—aa decision by the Authority to make a revision to a designated code;ba decision by the Authority, following consultation under this Act about a proposed revision to a designated code, not to make the proposed revision.2For the purposes of this section a designated code is a code, or a part of a code, issued by the Authority under or by virtue of this Act that is designated for the purposes of this section by regulations under this section.3The regulations may specify descriptions of revisions by reference to which an appeal under the regulations may not be brought.4Regulations made under subsection (3) may provide—afor the exclusion of certain descriptions of revisions to operate only in such cases as may be determined in accordance with the regulations;bfor a determination in accordance with the regulations to be made—iby such persons,iiin accordance with such procedures, andiiiby reference to such matters and the opinions of such persons (including the Authority),as may be provided for in the regulations.5The regulations may—aspecify the persons or descriptions of persons eligible to bring an appeal;bspecify conditions to be satisfied by a person wishing to bring an appeal.6Regulations made under subsection (5) may—amake different provision in relation to different codes or different parts of a code;bprovide for a representative body or association to bring an appeal.7The regulations must—aprovide for appeals to be brought only where the CMA grants permission for an appeal;bprovide for the grounds on which the CMA may refuse permission.8Before making regulations under this section the Secretary of State must consult—athe Welsh Ministers;bthe Authority;csuch other persons as the Secretary of State considers appropriate.<Addition ChangeId="key-cf903621de5e1513a80183aecb9d1634-1613248529755" CommentaryRef="key-cf903621de5e1513a80183aecb9d1634">Procedure on appeals</Addition>207B1Except where otherwise provided, the functions of the CMA with respect to appeals under section 207A are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.2Schedule 16 (provision as to procedure on appeals) has effect.<Addition ChangeId="key-cf903621de5e1513a80183aecb9d1634-1613248529755" CommentaryRef="key-cf903621de5e1513a80183aecb9d1634">Determination of appeals</Addition>207C1The Secretary of State may by regulations provide for the determination by the CMA of an appeal under section 207A.2The regulations must require the CMA in determining the appeal to have regard, to the same extent as is required of the Authority, to the matters to which the Authority must have regard in exercising or performing the powers and duties mentioned in section 2(1).3The regulations must provide that the CMA in determining the appeal—amay have regard to any matter to which the Authority was not able to have regard in the case of the decision appealed against, butbmust not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in that case had it had the opportunity of doing so.4The regulations may specify the grounds on which an appeal may be allowed.5The grounds specified by the regulations may include the following—athat the Authority failed properly to have regard to the matters mentioned in subsection (2);bthat the Authority failed properly to have regard to the purposes for which the code in question is issued;cthat the Authority failed to give the appropriate weight to one or more of those matters or purposes.6The regulations may make provision for the steps that the CMA is to take—aif it allows the appeal;bif it does not allow the appeal.7Provision under subsection (6)(a) may include remitting a matter to the Authority for reconsideration and redetermination in accordance with directions given by the CMA.8The regulations may make provision as to the decision of the CMA on the appeal, including in particular provision for the decision—ato be contained in an order made by the CMA;bto set out the reasons for the decision;cto take effect—iat the time specified in the order, oriiat the time determined in accordance with provision set out in the order;dto be notified to the persons who were parties to the appeal (see paragraph 2 of Schedule 16); andeto be published.9Provision under subsection (8)(e) may allow the CMA to exclude from publication any information which it is satisfied is—acommercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;binformation relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interests.Part VIII MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous Directions in the interests of national security.2081The Secretary of State may, after consultation with a relevant undertaker, water supply licensee or sewerage licensee, give to that undertaker or licensee (as the case may be) such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or for the purpose of mitigating the effects of any civil emergency which may occur.2If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with a relevant undertaker , water supply licensee or sewerage licensee, give to that undertaker or licensee (as the case may be) a direction requiring that undertaker or licensee to do, or not to do, a particular thing specified in the direction.3It shall be the duty of a relevant undertaker , water supply licensee or sewerage licensee, notwithstanding any other duty imposed on that undertaker or licensee (whether or not by or under this Act), to comply with any direction given to that undertaker or licensee by the Secretary of State under this section; and the duty of a relevant undertaker , water supply licensee or sewerage licensee to comply with any such direction shall be enforceable under section 18 above by the Secretary of State.3AThe Secretary of State may, after consultation with the Council, give to the Council such directions of a general character as appear to the Secretary of State to be requisite or expedient—ain the interests of national security; orbin connection with any civil emergency which may occur.3BIf it appears to the Secretary of State to be requisite or expedient to do so—ain the interests of national security; orbin connection with any civil emergency which has occurred or may occur,he may, after consultation with the Council, give to the Council a direction requiring it to do, or not to do, a particular thing specified in the direction.3CThe Council shall comply with any direction given to it by the Secretary of State under this section.4The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.5A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security.6Any person who discloses any matter in contravention of subsection (5) above shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.7Any reference in this section to a civil emergency is a reference to any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely, in relation to any area—aso to disrupt water supplies or sewerage services; orbto involve such destruction of or damage to life or property in that area,as seriously and adversely to affect all the inhabitants of that area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise. Civil liability of undertakers for escapes of water etc.2091Where an escape of water, however caused, from a pipe vested in a water undertaker causes loss or damage, the undertaker shall be liable, except as otherwise provided in this section, for the loss or damage.2A water undertaker shall not incur any liability under subsection (1) above if the escape was due wholly to the fault of the person who sustained the loss or damage or of any servant, agent or contractor of his.3A water undertaker shall not incur any liability under subsection (1) above in respect of any loss or damage for which the undertaker would not be liable apart from that subsection and which is sustained—aby the Environment Agency, the NRBW, a relevant undertaker or any statutory undertakers, within the meaning of section 336(1) of the Town and Country Planning Act 1990;bby any public gas supplier within the meaning of Part I of the Gas Act 1986 or the holder of a licence under section 6(1) of the ElectricityAct 1989;cby any highway authority; ordby any person on whom a right to compensation is conferred by section 82 of the New Roads and Street Works Act 1991.4The Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 shall apply in relation to any loss or damage for which a water undertaker is liable under this section, but which is not due to the undertaker’s fault, as if it were due to its fault.5Nothing in subsection (1) above affects any entitlement which a water undertaker may have to recover contribution under the Civil Liability (Contribution) Act 1978; and for the purposes of that Act, any loss for which a water undertaker is liable under that subsection shall be treated as if it were damage.6Where a water undertaker is liable under any enactment or agreement passed or made before 1st April 1982 to make any payment in respect of any loss or damage the undertaker shall not incur liability under subsection (1) above in respect of the same loss or damage.7In this section “fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.8Until the coming into force of section 82 of the New Roads and Street Works Act 1991, subsection (3) above shall have effect as if for paragraph (d) there were substituted the following paragraphs—dby any bridge authority, bridge managers, street authority or street managers within the meaning of the Public Utilities Street Works Act 1950; oreby any person on whom a right to compensation under section 26 of that Act of 1950 is conferred.;but nothing in this section shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing section 82 of that Act into force on different days for different purposes (including the purposes of this section).<Addition ChangeId="d29p34367" CommentaryRef="c13223921"> Rights of tenants in relation to metering.</Addition>209A1Subject to subsection (3) below, no express or implied term of any tenancy is to be regarded—aas excluding or restricting the exercise by the tenant of any right to give—ia measured charges notice under section 144A above, oriiany consent for the purposes of section 144B(2)(a)(ii) above,bas preventing the installation or connection, in pursuance of such a notice or consent given by the tenant, of a meter for use in determining the charges which may be fixed in relation to water supplied to the premises comprised in the tenancy, orcas requiring any consent to be obtained in relation to such installation or connection.2In subsection (1) above “tenancy” includes a licence which is treated as a tenancy by virtue of section 79(3) of the Housing Act 1985; and references to a “tenant” are to be construed accordingly.3Subsection (1) above does not apply where the tenancy is a fixed term tenancy for a term of less than six months; and for this purpose “fixed term tenancy” means any tenancy other than a periodic tenancy. Offences Offences by bodies corporate.2101Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.2Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. Limitation on right to prosecute in respect of sewerage offences.211Proceedings in respect of an offence created by or under any of the relevant sewerage provisions shall not, without the written consent of the Attorney-General, be taken by any person other than—aa party aggrieved;ba sewerage undertaker; baa sewerage licensee; orca body whose function it is to enforce the provisions in question. Judicial disqualification Judicial disqualification.212No judge of any court or justice of the peace shall be disqualified from acting in relation to any proceedings to which a relevant undertaker is a party by reason only that he is or may become liable to pay a charge to that undertaker in respect of any service that is not the subject-matter of the proceedings. Powers to make regulations Powers to make regulations.2131The powers of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument subject (except in the case of regulations under section 8(1) or (2) , 17D(8), 36A , 87(6A) 96K, 96N, 105A, 141DA or 141DB above) to annulment in pursuance of a resolution of either House of Parliament.1ABut on the occasion of the first exercise by the Secretary of State of the power to make regulations under— aeach of sections 89 and 90, andbeach of sections 207A and 207C and Schedule 16;the instrument containing the regulations shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.1BThe power of the Assembly to make regulations under section 89 above shall be exercisable by statutory instrument.2Subject to subsection (3) below, the provisions of any regulations made by the Secretary of State under this Act may include-aprovision for any duty or other requirement imposed by the regulations on a water undertaker , sewerage undertaker, water supply licensee or sewerage licensee to be enforceable under section 18 above by the Secretary of State, by the Authority or by either of them;bprovision, where such a duty or requirement is so enforceable by either of them, for enforcement by the Authority to be subject to such consent or authorisation as may be prescribed;cprovision which, in relation to the furnishing of any information or the making of any application under the regulations, makes provision corresponding to section 207 above;dprovision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;ddas to awarding costs or expenses of proceedings in any determination under the regulations, including the amount of the costs or expenses and the enforcement of the awards;edifferent provision for different cases, including different provision in relation to different persons, circumstances or localities; andfsuch supplemental, consequential and transitional provision as the Secretary of State considers appropriate.2ASuch regulations may include provision—afor the determination of questions of fact or of law which may arise in giving effect to the regulations;bfor regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions;cas to the mode of proof of any matter;das to parties and their representation; andefor the right to appear before and be heard by the Secretary of State, the Authority and other authorities.2BAny such regulations which prescribe a period within which things are to be done may provide for extending the period so prescribed.3Except to the extent that they would do so apart from this section, the power to make regulations under section 113, 125 or 126 above or under section 214 below or Schedule 8 to this Act—ashall not include the powers conferred by virtue of paragraphs (a) to (d) of subsection (2) above; andbin the case of the power to make regulations under section 214 below, shall also not include the powers conferred by virtue of paragraphs (e) and (f) of that subsection. Power to prescribe forms.2141The Secretary of State may by regulations prescribe the form of any notice or other document to be used for any of the purposes of the relevant sewerage provisions.2If forms are prescribed under this section, those forms or forms to the like effect may be used in all cases to which those forms are applicable. Local inquiries Local inquiries.2151The Secretary of State may cause a local inquiry to be held in any case where he is authorised by any of the relevant sewerage provisions to determine any difference, to make any order, to give any consent or otherwise to act under any of those provisions.2Subject to subsection (3) below, subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply to local inquiries under subsection (1) above or any of the other provisions of this Act as they apply to inquiries under that section.3Subsection (4) of the said section 250 shall apply in accordance with subsection (2) above in relation to such local inquiries under this Act as are held with respect to any matter affecting the carrying out of any function of the Environment Agency or the NRBW as if the reference to a local authority in that subsection included a reference to the Environment Agency or, as the case may be, the NRBW . Construction of Act Provisions relating to the service of documents.2161Any document required or authorised by virtue of this Act to be served on any person may be served—aby delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; orbif the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; orcif the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control of management of the partnership business.2For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—ain the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;bin the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.3If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.4Where under any provision of this Act any document is required to be served on the owner, on a lessee or on the occupier of any premises then—aif the name or address of the owner, of the lessee or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; orbin the case of service on the occupier, if the premises appear to be or are unoccupied,that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.4AAny document required or authorised by virtue of this Act to be served on any person may be served by electronic means.4BBut a document may be served by electronic means on a person who is a consumer only if—athe person has consented in writing to the receipt of documents by electronic means (and has not withdrawn that consent), andbthe document is sent to the number or address most recently specified by the person for that purpose.4CFor the purposes of subsection (4B) “consumer” means a person who is liable to pay charges in respect of—athe supply of water to any premises, orbthe provision of sewerage services to any premises,but does not include a water undertaker, a water supply licensee, a sewerage undertaker, a sewerage licensee, or the Authority.5This section shall not apply to any document in relation to the service of which provision is made by rules of court. Construction of provision conferring powers by reference to undertakers’ functions.2171The purposes to which this section applies shall be the construction of any enactment which, by reference to the functions of a relevant undertaker, confers any power on or in relation to that undertaker.2For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include joining with or acting on behalf of—athe Environment Agency or the NRBW;bone or more other relevant undertakers; orcthe Environment Agency or the NRBW and one or more other such undertakers,for the purpose of carrying out any works or acquiring any land which at least one of the bodies with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of that body’s functions under any enactment or of any function which is taken to be a function of that body for the purposes to which this section or section 3 of the Water Resources Act 1991 (functions of Environment Agency for certain purposes) applies.3For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include the protection against pollution—aof any waters, whether on the surface or underground, which belong to the Environment Agency or the NRBW or any water undertaker or from which the Environment Agency or the NRBW or any water undertaker is authorised to take water;bwithout prejudice to paragraph (a) above, of any reservoir which belongs to or is operated by the Environment Agency or the NRBW or any water undertaker or which the Environment Agency or the NRBW or any water undertaker is proposing to acquire or construct for the purpose of being so operated; andcof any underground strata from which the Environment Agency or the NRBW or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the Water Resources Act 1991.4For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include the furtherance of research into matters in respect of which functions are conferred by or under this Act, the other consolidation Acts or the Water Act 1989 on the Environment Agency, on the NRBW, on water undertakers or on sewerage undertakers.5For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include the provision of houses and other buildings for the use of persons employed by that undertaker and the provision of recreation grounds for persons so employed.6For the purposes to which this section applies the functions of every water undertaker shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of that undertaker.7For the purposes to which this section applies the functions of every water undertaker shall be taken to include the doing of anything in pursuance of any arrangements under section 20 of the Water Resources Act 1991 between that undertaker and the Environment Agency or the NRBW.8In this section “the other consolidation Acts” has the same meaning as in section 206 above. Meaning of “domestic purposes” in relation to water supply.2181Subject to the following provisions of this section, in this Act references to domestic purposes, in relation to a supply of water to any premises or in relation to any cognate expression, are references to the drinking, washing, cooking, central heating and sanitary purposes for which water supplied to those premises may be used.2Where the whole or any part of the premises are or are to be occupied as a house, those purposes shall be taken to include—athe purposes of a profession carried on in that house or, where—ithat house and another part of the premises are occupied together; andiithe house comprises the greater part of what is so occupied,in that other part; andbsuch purposes outside the house (including the washing of vehicles and the watering of gardens) as are connected with the occupation of the house and may be satisfied by a supply of water drawn from a tap inside the house and without the use of a hosepipe or similar apparatus.3No such reference to domestic purposes shall be taken to include a reference—ato the use of a bath having a capacity, measured to the centre line of overflow or in such other manner as may be prescribed, of more than two hundred and thirty litres;bto the purposes of the business of a laundry; orcto any purpose of a business of preparing food or drink for consumption otherwise than on the premises. General interpretation.2191In this Act, except in so far as the context otherwise requires—“accessories”, in relation to a water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any electronic communications apparatus unless it—ais or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; andbis intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;“analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;“the Assembly” means the National Assembly for Wales;“the Authority” means the Water Services Regulation Authority;“ the CMA ” means the Competition and Markets Authority“ charging rules ” means rules issued under section 144ZA;“conservancy authority” means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water, and is not a harbour authority or navigation authority;“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;“the Council” means the Consumer Council for Water;“customer or potential customer”, in relation to a company holding an appointment under Chapter I of Part II of this Act, means—aany person for or to whom that company provides any services in the course of carrying out the functions of a water undertaker or sewerage undertaker (other than a water supply licensee or sewerage licensee; orbany person who might become such a person on making an application for the purpose to the company;“damage”, in relation to individuals, includes death and any personal injury, including any disease or impairment of physical or mental condition;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“disposal”—in relation to land or any interest or right in or over land, includes the creation of such an interest or right and a disposal effected by means of the surrender or other termination of any such interest or right; andin relation to sewage, includes treatment;and cognate expressions shall be construed accordingly;“disposal main” means (subject to subsection (2) below) any outfall pipe or other pipe which—is a pipe for the conveyance of effluent to or from any sewage disposal works, whether of a sewerage undertaker or of any other person; andis not a public sewer;“domestic purposes”, except in relation to sewers, shall be construed in accordance with section 218 above;“drain” means (subject to subsection (2) below) a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;“effluent” means any liquid, including particles of matter and other substances in suspension in the liquid;“enactment” includes an enactment contained in this Act or in any Act passed after this Act;“engineering or building operations”, without prejudice to the generality of that expression, includes—athe construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; andbthe installation, modification or removal of any machinery or apparatus;“financial year” means the twelve months ending with 31st March;“functions”, in relation to a relevant undertaker, means the functions of the undertaker under or by virtue of any enactment and shall be construed subject to section 217 above;“harbour authority” means a person who is a harbour authority within the meaning of Chapter II of Part VI of the Merchant Shipping Act 1995 and is not a navigation authority;“highway” and “highway authority” have the same meanings as in the Highways Act 1980;“house” means any building or part of a building which is occupied as a dwelling-house, whether or not a private dwelling-house, or which, if unoccupied, is likely to be so occupied;“information” includes anything contained in any records, accounts, estimates or returns;“inland waters”, has the same meaning as in the Water Resources Act 1991;“lateral drain” means—that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate; or(if different and the context so requires) the part of a drain identified in a declaration of vesting made under section 102 above or in an agreement made under section 104 above;...“limited company” means a company (as defined in section 1(1) of the Companies Act 2006) that—is registered in England and Wales or Scotland, andis limited by shares.“local authority” means the council of a district or of a London borough or the Common Council of the City of London but, in relation to Wales, means the council of a county or county borough;“local statutory provision” means—aa provision of a local Act (including an Act confirming a provisional order);ba provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;ca provision of an instrument made under any provision falling within paragraph (a) or (b) above; orda provision of any other instrument which is in the nature of a local enactment;“meter” means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises;“micro-organism” includes any microscopic biological entity which is capable of replication;“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;. . .. . . “the NRBW” means the Natural Resources Body for Wales; “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;“new towns residuary body” means—in relation to a new town in England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) or (b) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions (and references to the “English new towns residuary body” are to be read accordingly); andin relation to a new town in Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) or (ii) of the New Towns Act 1981 (and references to the “Welsh new towns residuary body” are to be read accordingly);“notice” means notice in writing;...“owner”, in relation to any premises, means the person who—is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; orwould receive the rack-rent if the premises were let at a rack-rent,and cognate expressions shall be construed accordingly;“prescribed” means prescribed by regulations made by the Secretary of State;“protected land”, in relation to a company holding an appointment under Chapter I of Part II of this Act, means any land which, or any interest or right in or over which—was transferred to that company in accordance with a scheme under Schedule 2 to the Water Act 1989 or, where that company is a statutory water company, was held by that company at any time during the financial year ending with 31st March 1990;is or has at any time on or after 1st September 1989 been held by that company for purposes connected with the carrying out of its functions as a water undertaker or sewerage undertaker (including any functions which for the purposes for which section 217 above has effect are taken to be such functions by virtue of subsection (6) or (7) of that section); orhas been transferred to that company in accordance with a scheme under Schedule 2 to this Act from another company in relation to which that land was protected land when the other company held an appointment under that Chapter;“public authority” means any Minister of the Crown or government department, the Environment Agency, the NRBW, any local authority or county council or any person certified by the Secretary of State to be a public authority for the purposes of this Act;“public sewer” means (subject to section 106(1A) above) a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to this Act or under section 179 above or otherwise, and “private sewer” shall be construed accordingly;“railway undertakers” means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on any railway;“records” includes computer records and any other records kept otherwise than in a document;“regional committee” means a regional committee of the Council established under section 27A above;“the relevant sewerage provisions” means the following provisions of this Act, that is to say—aChapters II and III of Part IV (except sections 98 to 101 and 110 and so much of Chapter III of that Part as provides for regulations under section 138 or has effect by virtue of any such regulations);bsections 160, 171, 172(4), 178, 184, 189, 196 and 204 and paragraph 4 of Schedule 12; andcthe other provisions of this Act so far as they have effect for the purposes of any provision falling within paragraph (a) or (b) of this definition;“relevant undertaker” means a water undertaker or sewerage undertaker;“resource main” means (subject to subsection (2) below) any pipe, not being a trunk main, which is or is to be used for the purpose of—aconveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; orbgiving or taking a supply of water in bulk;“ retail exit area ” has the meaning given by section 42 of the Water Act 2014;“service pipe” means (subject to subsection (2) below and to section 51E(3) above) so much of a pipe which is, or is to be, connected with a water main for supplying water from that main to any premises as—is or is to be subject to water pressure from that main; orwould be so subject but for the closing of some valve,and includes part of any service pipe;“services” includes facilities;“sewer” includes (without prejudice to subsection (2) below) all sewers and drains (not being drains within the meaning given by this subsection) which are used for the drainage of buildings and yards appurtenant to buildings;“ sewerage licensee ” is to be construed in accordance with section 17BA(6);“sewerage services” — in the case of a sewerage undertaker, includes the disposal of sewage and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions; orin the case of a sewerage licensee, means the services provided by that person in that person's capacity as a sewerage licensee;“special administration order” has the meaning given by section 23 above;“statutory water company” means any company which was a statutory water company for the purposes of the Water Act 1973 immediately before 1st September 1989;“stopcock” includes any box or pit in which a stopcock is enclosed and the cover to any such box or pit;“street” has, subject to subsection (5) below, the same meaning as in Part III of the New Roads and Street Works 1991;“subordinate legislation” has the same meaning as in the Interpretation Act 1978;“substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;“supply of water in bulk” means a supply of water for distribution by a water undertaker taking the supply;“surface water” includes water from roofs;“trunk main” means a water main which is or is to be used by a water undertaker for the purpose of—aconveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir; orbconveying water in bulk, whether in the course of taking a supply of water in bulk or otherwise, between different places outside the area of the undertaker, from such a place to any part of that area or from one part of that area to another part of that area;“underground strata” means strata subjacent to the surface of any land;“vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968;“water main” means (subject to subsection (2) below) any pipe, not being a pipe for the time being vested in a person other than the undertaker, which is used or to be used by a water undertaker or water supply licensee for the purpose of making a general supply of water available to customers or potential customers of the undertaker or licensee, as distinct from for the purpose of providing a supply to particular customers;“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except mains and other pipes which belong to the Environment Agency , the NRBW or a water undertaker or are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises.“ water supply licensee ” is to be construed in accordance with section 17A(7);2In this Act—areferences to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; andbreferences to any sewage disposal works shall include references to the machinery and equipment of those works and any necessary pumping stations and outfall pipes;and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.3Nothing in Part III or IV of this Act by virtue of which a relevant undertaker owes a duty to any particular person to lay any water main, resource main or service pipe or any sewer, lateral drain, disposal main or discharge pipe shall be construed—aas conferring any power in addition to the powers conferred apart from those Parts; orbas requiring the undertaker to carry out any works which it has no power to carry out.4References in this Act to the fixing of charges in relation to any premises by reference to volume are references to the fixing of those charges by reference to the volume of water supplied to those premises, to the volume of effluent discharged from those premises, to both of those factors or to one or both of those factors taken together with other factors.4AIn this Act, unless otherwise stated, references to the supply system of a water undertaker are to the water mains and other pipes which it is the undertaker’s duty to develop and maintain by virtue of section 37 above.5Until the coming into force of Part III of the New Roads and Street Works Act 1991, the definition of “street” in subsection (1) above shall have effect as if the reference to that Part were a reference to the Public Utilities Street Works Act 1950; but nothing in this section shall be taken—ato prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this section); orbin the period before the coming into force of that Part, to prevent references in this Act to a street, where the street is a highway which passes over a bridge or through a tunnel, from including that bridge or tunnel.6For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.7References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.8Where by virtue of any provision of this Act any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.9Sub-paragraph (1) of paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act or the Water Resources Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.10If the Assembly designates a person as Chief Inspector of Drinking Water for Wales under section 86(1B) above, references in this Act to the Chief Inspector of Drinking Water, as respects anything to be done in relation to him, shall be taken as references to the person designated as the Chief Inspector of Drinking Water by the Secretary of State and also the person designated by the Assembly as the Chief Inspector of Drinking Water for Wales.11Subsection (10) does not apply to references to the Chief Inspector of Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and 86ZA. Effect of local Acts.220Subject to any provision to the contrary which is contained in Schedule 26 to the Water Act 1989 or in the Water Consolidation (Consequential Provisions) Act 1991, nothing in any local statutory provision passed or made before 1st September 1989 shall be construed as relieving any relevant undertaker from any liability arising by virtue of this Act in respect of any act or omission occurring on or after that date. Other supplemental provisions<CommentaryRef Ref="c13224911"/><Addition ChangeId="d29p35916">Crown application.</Addition>2211Subject to the provisions of this section, this Act shall bind the Crown.2No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the appropriate agency, a water undertaker or a sewerage undertaker, declare unlawful any act or omission of the Crown which constitutes such a contravention.3Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.4If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.5Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act.6Subject to subsections (4) and (5) above, the powers conferred by sections 155, 159, 161(2) and 167 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.7In this section—“the appropriate agency” means-in relation to any act or omission of the Crown in England, the Agency;in relation to any act or omission of the Crown in Wales, the NRBW;“the appropriate authority” has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;“Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;“Crown premises” means premises held by or on behalf of the Crown.8The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.<Substitution ChangeId="key-ad37253885abe79367d8c8f0fe73e3cb-1621435475738" CommentaryRef="key-ad37253885abe79367d8c8f0fe73e3cb"> Application to the Isles of Scilly.</Substitution>2221Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.2The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.3An order under this section may—amake different provision for different cases, including different provision in relation to different persons, circumstances or localities; andbcontain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.4The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. Short title, commencement and extent.2231This Act may be cited as the Water Industry Act 1991.2This Act shall come into force on 1st December 1991.3Except for the purpose of giving effect to any scheme under Schedule 2 to this Act, this Act extends to England and Wales only. SCHEDULESSCHEDULE 1 Remuneration, pensions etc.<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/1" id="schedule-1-paragraph-1"><Pnumber><CommentaryRef Ref="c13224981"/>1</Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/1/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/1/1" id="schedule-1-paragraph-1-1"><Pnumber>1</Pnumber><P2para><Text>There shall be paid to the Director such remuneration, and such travelling and other allowances, as the Secretary of State may determine.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/1/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/1/2" id="schedule-1-paragraph-1-2"><Pnumber>2</Pnumber><P2para><Text>In the case of any such holder of the office of the Director as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of him, as may be so determined.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/1/3" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/1/3" id="schedule-1-paragraph-1-3"><Pnumber>3</Pnumber><P2para><Text>If, when any person ceases to hold office as the Director, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Secretary of State.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/1/4" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/1/4" id="schedule-1-paragraph-1-4"><Pnumber>4</Pnumber><P2para><Text>The approval of the Treasury shall be required for the making of a determination under this paragraph.</Text></P2para></P2></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/crossheading/staff" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/crossheading/staff" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-1-crossheading-staff" RestrictEndDate="2006-04-01"><Title> Staff<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/2" id="schedule-1-paragraph-2"><Pnumber>2</Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/2/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/2/1" id="schedule-1-paragraph-2-1"><Pnumber>1</Pnumber><P2para><Text>The Director may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as he may determine.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/2/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/2/2" id="schedule-1-paragraph-2-2"><Pnumber>2</Pnumber><P2para><Text>Anything authorised or required by or under any enactment to be done by the Director may be done by any member of the staff of the Director who has been authorised for the purpose, whether generally or specially, by the Director.</Text></P2para></P2></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/crossheading/expenses-of-the-director-and-his-staff" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/crossheading/expenses-of-the-director-and-his-staff" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-1-crossheading-expenses-of-the-director-and-his-staff" RestrictEndDate="2006-04-01"><Title> Expenses of the Director and his staff<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/3" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/3" id="schedule-1-paragraph-3"><Pnumber>3</Pnumber><P1para><Text>There shall be paid out of money provided by Parliament—</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/3/a" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/3/a" id="schedule-1-paragraph-3-a"><Pnumber>a</Pnumber><P3para><Text>the remuneration of, and any travelling or other allowances payable under this Act to, the Director and any staff of the Director; and</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/3/b" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/3/b" id="schedule-1-paragraph-3-b"><Pnumber>b</Pnumber><P3para><Text>any expenses duly incurred by the Director or by any of his staff in consequence of the provisions of this Act.</Text></P3para></P3></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/crossheading/official-seal" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/crossheading/official-seal" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-1-crossheading-official-seal" RestrictEndDate="2006-04-01"><Title> Official seal<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/4" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/4" id="schedule-1-paragraph-4"><Pnumber>4</Pnumber><P1para><Text>The Director shall have an official seal for the authentication of documents required for the purposes of his functions.</Text></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/crossheading/documentary-evidence" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/crossheading/documentary-evidence" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-1-crossheading-documentary-evidence" RestrictEndDate="2006-04-01"><Title> Documentary evidence<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1/paragraph/5" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1/paragraph/5" id="schedule-1-paragraph-5"><Pnumber>5</Pnumber><P1para><Text>The <CommentaryRef Ref="c13224991"/>Documentary Evidence Act 1868 shall have effect as if the Director were included in the first column of the Schedule to that Act, as if the Director and any person authorised to act on behalf of the Director were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Director or by any such person.</Text></P1para></P1></P1group></Pblock></ScheduleBody></Schedule><Schedule DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1A" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1A" NumberOfProvisions="12" id="schedule-1A" RestrictExtent="E+W+S+N.I." RestrictStartDate="2016-04-01"><Number><Addition ChangeId="d29p36087" CommentaryRef="c19884091">SCHEDULE 1A</Addition></Number><TitleBlock><Title><Addition ChangeId="d29p36087" CommentaryRef="c19884091">The Water Services Regulation Authority</Addition>Section 1A(3)<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Membership</Addition></Emphasis>11The Authority shall consist of a chairman, and at least two other members, appointed by the Secretary of State.2The Secretary of State shall consult—athe Assembly, before appointing any member; andbthe chairman, before appointing any other member.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Terms of appointment, remuneration, pensions etc</Addition></Emphasis>21Subject to this Schedule, the chairman and other members of the Authority shall hold and vacate office as such in accordance with the terms of their respective appointments.2Their terms of appointment shall be determined by the Secretary of State.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Terms of appointment, remuneration, pensions etc</Addition></Emphasis>31An appointment of a person to hold office as chairman or as one of the other members of the Authority shall be for a term not exceeding five years.2A person holding office as chairman or other member—amay resign that office by giving notice in writing to the Secretary of State; andbmay be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.3The Secretary of State shall consult the Assembly before removing from office a person holding office as chairman or other member.4A previous appointment as chairman or other member does not affect a person’s eligibility for appointment to either office.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Terms of appointment, remuneration, pensions etc</Addition></Emphasis>41The Authority shall pay to its chairman and its other members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.2The Authority shall, if required to do so by the Secretary of State—apay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member of the Authority; orbmake such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.3If the Secretary of State determines that there are special circumstances which make it right for a person ceasing to hold office as chairman or other member of the Authority to receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Staff</Addition></Emphasis>5The Authority may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such staff as it may determine.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Committees</Addition></Emphasis>61The Authority may establish committees and any committee of the Authority may establish sub-committees.2The members of a committee of the Authority may include persons who are not members of the Authority (and the members of a sub-committee may include persons who are not members of the committee or the Authority).<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Proceedings etc</Addition></Emphasis>71The Authority may regulate its own procedure.2The validity of anything done by the Authority is not affected by a vacancy among its members or by a defect in the appointment of a member.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Proceedings etc</Addition></Emphasis>8A document purporting to be duly executed under the seal of the Authority, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, shall be taken to be so executed or signed.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Code of Practice</Addition></Emphasis>91The Authority shall prepare, and may revise, a code of practice governing the discharge by it of its functions.2The Authority shall, in exercising its functions, have regard to the provisions of the code.3In preparing or revising the code, the Authority shall consult—athe Secretary of State;bthe Assembly;cthe Environment Agency;cathe NRBW;dthe Council;erelevant undertakers;fwater supply licensees;fasewerage licensees; andgsuch other persons as the Authority considers appropriate.4The Authority shall publish in such manner as it considers appropriate the code as for the time being in force.<Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Performance of functions</Addition></Emphasis>101Anything authorised or required to be done by the Authority may be done by—aany member or employee of the Authority who is authorised for that purpose by the Authority, whether generally or specially;bany committee of the Authority which has been so authorised.2The Authority may not so authorise a committee whose members include any person who is not a member or employee of the Authority.3Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.<Emphasis>Payments to the Authority</Emphasis><P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1A/paragraph/11" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1A/paragraph/11" id="schedule-1A-paragraph-11"><Pnumber PuncAfter="">11</Pnumber><P1para><Text>The Secretary of State shall make payments out of money provided by Parliament to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate.</Text></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/1A/crossheading/supplementary-powers" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/1A/crossheading/supplementary-powers" NumberOfProvisions="1" RestrictStartDate="2006-04-01" id="schedule-1A-crossheading-supplementary-powers"><Title><Emphasis><Addition ChangeId="d29p36087" CommentaryRef="c19884091">Supplementary powers</Addition></Emphasis>121The Authority has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.2That power includes the formation of advisory bodies.SCHEDULE 2 Transitional Provision on Termination of AppointmentsSections 10 and 23. Cases where Schedule applies11This Schedule shall apply in each of the cases specified in sub-paragraphs (2) to (3A) below.2The first case in which this Schedule applies is where—athe Secretary of State or the Authority is proposing to make an appointment or variation replacing a company as a relevant undertaker; andbby virtue of that appointment a company (“the new appointee”) will hold an appointment as the water undertaker or sewerage undertaker for an area which is or includes the whole or any part of the area for which, until the relevant date, another company (“the existing appointee”) holds an appointment as the water undertaker or, as the case may be, sewerage undertaker.3The second case in which this Schedule applies is where—athe High Court has made a special administration order in relation to any company holding an appointment under Chapter 1 of this Part(“the existing appointee”); andbit is proposed that on and after the relevant date another company (“the new appointee”) should, without any such appointment or variation as is mentioned in sub-paragraph (2) above having been made, hold an appointment as water undertaker or sewerage undertaker for an area which is or includes the whole or any part of the area for which until that date the existing appointee holds an appointment as water undertaker or, as the case may be, sewerage undertaker.3AThe third case in which this Schedule applies is where—athe High Court has made a special administration order in relation to any company which is a qualifying water supply licensee or a qualifying sewerage licensee (“the transferor”); andbit is proposed that on and after the relevant date another company (“the transferee”) should carry on— iactivities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Act which were carried on by the transferor until that date; oriiactivities 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).4In this Schedule—“existing appointee” and “new appointee” shall be construed in accordance with sub-paragraph (2) or (3) above according to whether this Schedule is applying in the case mentioned in the first or second of those sub-paragraphs; “new owner” means, where securities are transferred to a company as described in paragraph 2A(1)(b) or (2)(b), the company to which the transfer is made;“other appointees” means any companies, other than the existing appointee and the new appointee, which are likely on or at a time after the relevant date to be holding appointments as water undertakers or sewerage undertakers for any area which is or includes any part of the area for which the existing appointee has at any time held an appointment as water undertaker or sewerage undertaker;“other relevant companies” means any companies, other than the transferor and the transferee, which are likely on or at a time after the relevant date to be— aholding appointments as water undertakers for any area in which, or in part of which, the activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Act will be carried on by the transferee; orbholding 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); “the relevant date” means—awhere this Schedule applies by virtue of sub-paragraph (2) above, the coming into force of the appointment or variation mentioned in paragraph (a) of that sub-paragraph; andbwhere this Schedule applies by virtue of sub-paragraph (3) or (3A) above, such day, being a day before the discharge of the special administration order takes effect, as the High Court may appoint for the purposes of this Schedule; and“special administrator”, in relation to a company in relation to which a special administration order has been made, means the person for the time being holding office for the purposes of section 23(1) of this Act;“transferor” and “transferee” shall be construed in accordance with sub-paragraph (3A) above. Making and modification of transfer schemes21The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee.2A scheme under this Schedule shall not take effect unless it is approved by the Secretary of State or the Authority.3Where a scheme under this Schedule is submitted to the Secretary of State or the Authority for his approval, he may, with the consent of the new appointee and the existing appointee modify the scheme before approving it.4If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the Secretary of State considers it appropriate to do so and the existing appointee and the new appointee consent to the making of the order, the Secretary of State may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.5An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.6In determining, in accordance with his duties under Part I of this Act, whether and in what manner to exercise any power conferred on him by this paragraph the Secretary of State or the Authority shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to him to be appropriate in the context of the different functions which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees.7It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the Secretary of State or the Authority with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.7ZAIn a case where—aanother scheme under this Schedule provides for the transfer of the property, rights and liabilities of the existing appointee, andbthat other scheme makes provision for a transfer that is effected as described in paragraph 2A (hive down),the duty in sub-paragraph (7) also applies to the new owner in relation to that other scheme.7AIn a case specified in paragraph 1(3A) above—athe preceding provisions of this paragraph shall have effect as if—iany reference to the existing appointee were a reference to the transferor;iiany reference to the new appointee were a reference to the transferee; andiiiany reference to other appointees were a reference to other relevant companies; andbsub-paragraph (6) above shall have effect as if the reference to functions were, in relation to a company which is a water supply licensee or sewerage licensee, a reference to activities authorised by its licence and any statutory functions imposed on it in consequence of its licence.8A company which without reasonable excuse fails to do anything required of it by virtue of sub-paragraph (7) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.9Without prejudice to the other provisions of this Act relating to the special administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a special administration order is in force, be effective only if it is done on the company’s behalf by its special administrator.<Addition ChangeId="key-575ef871a0e53977abf1d6a6c83e6235-1710336997608" CommentaryRef="key-575ef871a0e53977abf1d6a6c83e6235">Transfer schemes providing for transfer by hive down</Addition>2A1In a case specified in paragraph 1(3) (special administration order in relation to existing appointee), a scheme under this Schedule may provide for a transfer under section 23(2) that is effected by—athe transfer of property, rights and liabilities from the existing appointee to a new appointee that is a wholly-owned subsidiary of the existing appointee, andbthe subsequent transfer of securities in the new appointee to another company.2In a case specified in paragraph 1(3A) (special administration order in relation to a qualifying licensee) where the transferor is a qualifying water supply licensee, a scheme under this Schedule may provide for a transfer under section 23(2A) that is effected by—athe transfer of property, rights and liabilities from the transferor to a transferee that is a wholly-owned subsidiary of the transferor, andbthe subsequent transfer of securities in the transferee to another company.3In a case where a transfer is effected or proposed to be effected as described in sub-paragraph (1) or (2), paragraph 2 has effect as if—ain sub-paragraphs (1) and (3) of paragraph 2, the references to the consent of the new appointee were references to the consent of the new owner;bin sub-paragraph (4), the persons whose consent is required included the new owner;cin sub-paragraph (7), the persons subject to the duty imposed by that sub-paragraph included the new owner. Transfers by scheme31A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee.1AWhere a scheme under this Schedule provides for a transfer of securities as described in paragraph 2A(1)(b) or (2)(b), that transfer has effect in accordance with the provisions of the scheme and without further assurance, immediately after the transfer of property, rights and liabilities mentioned in paragraph 2A(1)(a) or (2)(a).2For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may—acreate for the existing appointee, the new appointee or any other appointees an interest in or right over any property to which the scheme relates;bcreate new rights and liabilities as between any two or more of those companies (but may not impose new liabilities on any other appointee); andcin connection with any provision made by virtue of paragraph (a) or (b) above, make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.3A scheme under this Schedule may contain provision for the consideration to be provided by the new appointee and by any other appointees in respect of the transfer or creation of property, rights and liabilities by means of the scheme; and any such provision shall be enforceable in the same way as if the property, rights and liabilities had been created or transferred, and (if the case so requires) had been capable of being created or transferred, by agreement between the parties.3AWhere a scheme under this Schedule provides for a transfer of securities as described in paragraph 2A(1)(b) or (2)(b), the scheme may contain provision for the consideration to be provided by the new owner in respect of the transfer; and any such provision is enforceable in the same way as if the securities had been transferred, and (if the case so requires) had been capable of being transferred, by agreement between the parties.4The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include—aproperty, rights and liabilities that would not otherwise be capable of being transferred or assigned by the existing appointee;bsuch property, rights and liabilities to which the existing appointee may become entitled or subject after the making of the scheme and before the relevant date as may be described in the scheme;cproperty situated anywhere in the United Kingdom or elsewhere;drights and liabilities under enactments;erights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.5The provision that may be made by virtue of sub-paragraph (2)(b) above includes—aprovision for treating any person who is entitled by virtue of a scheme under this Schedule to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies thereof; andbprovision applying section 64 of the Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect.6For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (4) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.7In a case specified in paragraph 1(3A) above the preceding provisions of this paragraph shall have effect as if—aany reference to the existing appointee were a reference to the transferor;bany reference to the new appointee were a reference to the transferee; andcany reference to other appointees were a reference to other relevant companies. Transfer of appointment41Where a scheme under this Schedule is made in the case specified in paragraph 1(3) above, the scheme may provide for the transfer to the new appointee, with such modifications as may be specified in the scheme, of the appointment under Chapter I of Part II of this Act which is held by the existing appointee.2In such a case different schemes under this Schedule may provide for the transfer of such an appointment to different companies as respects different parts of the area to which the appointment relates.<Emphasis><Addition ChangeId="d29p36868" CommentaryRef="c19875331">Exclusion of transfer of licence</Addition></Emphasis>4AWhere a scheme under this Schedule is made in the case specified in paragraph 1(3A) above, the scheme may not provide for the transfer to the transferee of the licence under Chapter 1A of Part 2 of this Act which is held by the transferor. Supplemental provisions of schemes51A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme.2Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—athat for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new appointee is to be treated as the same person in law as the existing appointee;bthat, so far as may be necessary for the purposes of or in connection with any such transfers, agreements made, transactions effected and other things done by or in relation to the existing appointee are to be treated as made, effected or done by or in relation to the new appointee;cthat, so far as may be necessary for the purposes of or in connection with any such transfers, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any officer of, the existing appointee are to have effect with such modifications as are specified in the scheme;dthat proceedings commenced by or against the existing appointee are to be continued by or against the new appointee;ethat the effect of any transfer under the scheme in relation to contracts of employment with the existing appointee is not to be to terminate any of those contracts but is to be that periods of employment with the existing appointee are to count for all purposes as periods of employment with the new appointee;fthat disputes as to the effect of the scheme between —ithe existing appointee and the new appointee or new owner,iia person referred to in sub-paragraph (i) and any other appointee or new owner of any other appointee, oriiidifferent companies which are other appointees or new owners of other appointees,are to be referred to such arbitration as may be specified in or determined under the scheme;gthat determinations on such arbitrations and certificates given jointly by two or more such persons as are mentioned in paragraph (f) above as to the effect of the scheme as between the companies giving the certificates are to be conclusive for all purposes.3In a case specified in paragraph 1(3A) above—asub-paragraph (2) above shall have effect as if—iany reference to the existing appointee were a reference to the transferor;iiany reference to the new appointee were a reference to the transferee; andiiiany reference to any other appointee or appointees were a reference to any other relevant company or companies; andbparagraph (g) of that sub-paragraph shall have effect as if the reference to two or more such persons as are mentioned in paragraph (f) of that sub-paragraph were a reference to two or more such persons as are mentioned in that paragraph (as it has effect by virtue of paragraph (a) above). Duties of existing appointee after the scheme comes into force61A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.2The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above.3A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee.4Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability.5A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the existing appointee when the scheme comes into force.6References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.7Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee.8Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.9In a case specified in paragraph 1(3A) above, the preceding provisions of this paragraph shall have effect as if—aany reference to the existing appointee were a reference to the transferor; andbany reference to the new appointee were a reference to the transferee. Further transitional provision and local statutory provisions71The Secretary of State may, if he thinks it appropriate to do so for the purposes of, or in connection with, any appointment or variation replacing a company as a relevant undertaker or any scheme under this Schedule, by order made by statutory instrument—amake any provision which corresponds, in relation to any enactment referred to at the passing of the Water Act 1989 in Schedule 26 to that Act, to any provision originally made by that Schedule or makes similar provision in relation to any other enactment; orbamend or repeal any local statutory provision.2An order under this paragraph may—amake provision applying generally in relation to local statutory provisions of a description specified in the order;bmake different provision for different cases, including different provision in relation to different persons, circumstances or localities; andccontain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.SCHEDULE 2ZA<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Procedure for appeals under section </Addition><InternalLink Ref="p00592"><Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">12D</Addition></InternalLink>Section 12E<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Application for permission to bring appeal</Addition>11An application for permission to bring an appeal may be made only by sending a notice to the CMA requesting the permission.2Only a person entitled under section 12D to bring the appeal if permission is granted may apply for permission.3Where the Authority publishes a decision to modify the conditions of any appointment under section 12A(9), any application for permission to appeal is not to be made after the end of 20 working days beginning with the first working day after the day on which the decision is published.4An application for permission to appeal must be accompanied by all such information as may be required by appeal rules.5Appeal rules may require information contained in an application for permission to appeal to be verified by a statement of truth.6A person who applies for permission to bring an appeal in accordance with this paragraph is referred to in this Schedule as the appellant.7The appellant must send the Authority—aa copy of the application for permission to appeal at the same time as it is sent to the CMA, andbsuch other information as may be required by appeal rules.8The CMA’s decision whether to grant permission to appeal is to be taken by an authorised member of the CMA.9Before the authorised member decides whether to grant permission under this paragraph, the Authority must be given an opportunity of making representations or observations, in accordance with paragraph 3(2).10The CMA’s decision on an application for permission to appeal must be made—awhere the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;bin any other case, before the end of 14 working days beginning with the first working day after the day on which the application for permission was received.11The grant of permission may be made subject to conditions, which may include—aconditions which limit the matters that are to be considered on the appeal in question,bconditions for the purpose of expediting the determination of the appeal, andcconditions requiring that appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons).12Where a decision is made to grant or to refuse an application for permission, an authorised member of the CMA must notify the decision, giving reasons—ato the appellant, andbto the Authority.13A decision of the CMA under this paragraph must be published, in a way an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is made.14Section 12I(2) applies to the publication of a decision under sub-paragraph (13) as it does to the publication under section 12I of a determination by the CMA on an appeal.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Suspension of decision</Addition>21The CMA may direct that, pending the determination of an appeal against a decision of the Authority—athe decision is not to have effect, orbthe decision is not to have effect to such extent as may be specified in the direction.2In the case of an appeal against a decision of the Authority which already has effect by virtue of section 12B, the CMA may direct that the modification that is the subject of the decision—aceases to have effect entirely or to such extent as may be specified in the direction, andbdoes not have effect, or does not have effect to the specified extent, pending the determination of the appeal.3The power to give a direction under this paragraph is exercisable only where—aan application for its exercise has been made by the appellant at the same time the appellant made an application in accordance with paragraph 1(3) for permission to bring an appeal against a decision of the Authority,bthe Authority has been given an opportunity of making representations or observations, in accordance with paragraph 3(2),cthe appellant (or, where the appellant is within section 12D(2)(c) or (d), those represented by the appellant, or consumers, respectively) would incur significant costs if the decision were to have effect before the determination of the appeal, anddthe balance of convenience does not otherwise require effect to be given to the decision pending that determination.4The CMA’s decision on an application for a direction under this paragraph must be made—awhere the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;bin any other case, before the end of 14 working days beginning with the first working day following the day on which the application under sub-paragraph (3)(a) is received.5The appellant must send the Authority a copy of the application for a direction under this paragraph at the same time as it is sent to the CMA.6A direction under this paragraph must be—agiven by an authorised member of the CMA, andbpublished, in a way an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given.7Section 12I(2) applies to the publication of a direction under sub-paragraph (6) as it does to the publication under section 12I of a determination by the CMA on an appeal.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Time limit for representations and observations by the Authority</Addition>31Sub-paragraph (2) applies where the Authority wishes to make representations or observations to the CMA in relation to—aan application for permission to bring an appeal under paragraph 1;ban application for a direction under paragraph 2.2The Authority must make the representations or observations in writing before the end of 10 working days beginning with the first working day after the day on which it received a copy of the application under paragraph 1(7) or 2(5) as the case may be.3Sub-paragraph (4) applies where an application for permission to bring an appeal has been granted and the Authority wishes to make representations or observations to the CMA in relation to—athe Authority’s reasons for the decision in relation to which the appeal is being brought, andbany grounds on which that appeal is being brought against that decision.4The Authority must make the representations or observations in writing before the end of 15 working days beginning with the first working day after the day on which permission to bring the appeal was granted.5The Authority must send a copy of the representations and observations it makes under this paragraph to the appellant.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Consideration and determination of appeal by group</Addition>41A group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 12D must consist of three members of the CMA panel.2A decision of the group is effective if, and only if—aall the members of the group are present when it is made, andbat least two members of the group are in favour of the decision.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Matters to be considered on appeal</Addition>51The CMA, if it thinks it necessary to do so for the purpose of securing the determination of an appeal within the period provided for by section 12H, may disregard—aany or all matters raised by an appellant that were not raised by that appellant at the time of the relevant application, andbany or all matters raised by the Authority that were not contained in representations or observations made for the purposes of the appeal in accordance with paragraph 3.2In this paragraph “relevant application” means an application under paragraph 1 or 2.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Production of documents etc</Addition>61For the purposes of this Schedule, the CMA may, by notice, require—aa person to produce to the CMA the documents specified or otherwise identified in the notice;bany person who carries on a business to supply to the CMA such estimates, forecasts, returns or other information as may be specified or described in the notice in relation to that business.2The power to require the production of a document, or the supply of any estimate, forecast, return or other information, is a power to require its production or, as the case may be, supply—aat the time and place specified in the notice, andbin a legible form.3No person is to be compelled under this paragraph to produce a document or supply an estimate, forecast, return or other information that the person could not be compelled to produce in civil proceedings in the High Court.4An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken of a document produced or an estimate, forecast, return or other information supplied under this paragraph.5A notice for the purposes of this paragraph—amay be issued on the CMA’s behalf by an authorised member of the CMA;bmust include information about the possible consequences of not complying with the notice (as set out in paragraph 10).<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Oral hearings</Addition>71For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath—aby a person considering an application for permission to bring an appeal under paragraph 1,bby a person considering an application for a direction under paragraph 2, orcby a group with the function of determining an appeal,and, for that purpose, such a person or group may administer oaths.2The CMA may, by notice, require a person—ato attend at a time and place specified in the notice, andbat that time and place, to give evidence to a person or group mentioned in sub-paragraph (1).3At any oral hearing, the person or group conducting the hearing may require—athe appellant, or the Authority, if present at the hearing to give evidence or to make representations or observations, orba person attending the hearing as a representative of the appellant or of the Authority to make representations or observations.4A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal.5If the appellant, the Authority, or the appellant’s or Authority’s representative is not present at a hearing—athere is no requirement to give notice to that person under sub-paragraph (2), andbthe person or group conducting the hearing may determine the application or appeal without hearing that person’s evidence, representations or observations.6No person is to be compelled under this paragraph to give evidence which that person could not be compelled to give in civil proceedings in the High Court.7Where a person is required under this paragraph to attend at a place more than 10 miles from that person’s place of residence, an authorised member of the CMA must arrange for that person to be paid the necessary expenses of attendance.8A notice for the purposes of this paragraph may be issued on the CMA’s behalf by an authorised member of the CMA.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Written statements</Addition>81The CMA may, by notice, require a person to produce a written statement with respect to a matter specified in the notice to—aa person who is considering, or is to consider, an application for a direction under paragraph 2, orba group with the function of determining an appeal.2The power to require the production of a written statement includes power—ato specify the time and place at which it is to be produced, andbto require it to be verified by a statement of truth,and a statement required to be so verified must be disregarded unless it is so verified.3No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which that person could not be compelled to give evidence in civil proceedings in the High Court.4A notice for the purposes of this paragraph may be issued on the CMA’s behalf by an authorised member of the CMA.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Expert advice</Addition>9Where permission to bring an appeal is granted under paragraph 1, the CMA may commission expert advice with respect to any matter raised by a party to that appeal.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Defaults in relation to evidence</Addition>101This paragraph applies if a person (“the defaulter”)—afails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8,bin complying with a notice under paragraph 8, makes a statement that is false in any material particular, orcin providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular.2An authorised member of the CMA may certify the failure, or the fact that such a false statement has been made or such false information has been given, to the High Court.3The High Court may inquire into a matter certified to it under this paragraph and if, after having heard—aany witness against or on behalf of the defaulter, andbany statement in the defaulter’s defence,it is satisfied that the defaulter, without reasonable excuse, failed to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person had been guilty of contempt of court.4Where the High Court has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body).5A person who wilfully alters, suppresses or destroys a document that the person has been required to produce under paragraph 6 is guilty of an offence and shall be liable—aon summary conviction to a fine;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Appeal rules</Addition>111The CMA Board may make rules of procedure regulating the conduct and disposal of appeals under section 12D.2Those rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing, power or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on—athe taking of evidence at an oral hearing, orbthe making of representations or observations at such a hearing.3The CMA Board must publish rules made under this paragraph in a way it considers appropriate for bringing them to the attention of those likely to be affected by them.4Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.5Rules under this paragraph may make different provision for different cases.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Costs</Addition>121A group that determines an appeal must make an order requiring the payment to the CMA of the costs incurred by the CMA in connection with the appeal.2An order under sub-paragraph (1) must require those costs to be paid—awhere the appeal is allowed in full, by the Authority,bwhere the appeal is dismissed in full, by the appellant, orcwhere the appeal is partially allowed, by one or more parties in such proportions as the CMA considers appropriate in all the circumstances.3The group that determines an appeal may also make such order as it thinks fit for requiring a party to the appeal to make payments to another party in respect of costs reasonably incurred by that other party in connection with the appeal.4A person who is required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.5Sums required to be paid by an order under this paragraph but not paid within the period mentioned in sub-paragraph (4) shall bear interest at such rate as may be determined in accordance with provision contained in the order.6Any costs payable by virtue of an order under this paragraph and any interest that has not been paid may be recovered as a civil debt by the person in whose favour that order is made.<Addition ChangeId="key-5ad48121f9fd770a80707cfe22871328-1643891242734" CommentaryRef="key-5ad48121f9fd770a80707cfe22871328">Interpretation of Schedule</Addition>131In this Schedule—“appeal” means an appeal under section 12D;“appeal rules” means rules of procedure under paragraph 11;“authorised member of the CMA”—in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—any member of the CMA Board who is also a member of the CMA panel, orany member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;“statement of truth”, in relation to the production of a statement or provision of information by a person, means a statement that the person believes the facts stated in the statement or information to be true;“working day” means any day other than—Saturday or Sunday;Christmas Day or Good Friday;a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.2References in this Schedule to a party to an appeal are references to—athe appellant, orbthe Authority.SCHEDULE 2A<Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">WATER SUPPLY LICENCES: AUTHORISATIONS</Addition><Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Operation of the authorisations in England and Wales</Addition></Emphasis>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—aa retail authorisation;ba 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—aa restricted retail authorisation;ba supplementary authorisation.<Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Retail authorisation</Addition></Emphasis>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—athe licensee,bpersons associated with the licensee, orcthe 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).<Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Wholesale authorisation</Addition></Emphasis>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—aby 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, andbwhere that introduction is to be made in connection with that intended supply.<Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Restricted retail authorisation</Addition></Emphasis>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—athe requirement that the premises are not household premises (as defined in section 17C);bthe threshold requirement (construed in accordance with section 17D).<Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Supplementary authorisation</Addition></Emphasis>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—aby means of which system any particular supply in accordance with the licensee's restricted retail authorisation is to take place, andbwhere that introduction is to be made in connection with that intended supply.<Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Enforcement and guidance</Addition></Emphasis>9The requirements in paragraphs 4 and 7 are enforceable by the Authority under section 18.101The 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 7.2Before giving approval under sub-paragraph (1) the Secretary of State must consult the Welsh Ministers.<Emphasis><Addition ChangeId="key-c2ba26271d78577de1bd1eb769841c62-1605721860045" CommentaryRef="key-c2ba26271d78577de1bd1eb769841c62">Interpretation</Addition></Emphasis>11For the purposes of this Schedule, a person (A) is associated with a water supply licensee (L) if—awhere A and L are bodies corporate, one of them is a subsidiary of the other or both are subsidiaries of the same body corporate;bwhere 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;cA 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.”SCHEDULE 2B<Addition ChangeId="key-72c5549d8d9e79ab706fe4cdcfa176c3-1605722227254" CommentaryRef="key-72c5549d8d9e79ab706fe4cdcfa176c3">SEWERAGE LICENCES: AUTHORISATIONS</Addition><Emphasis><Addition ChangeId="key-72c5549d8d9e79ab706fe4cdcfa176c3-1605722227254" CommentaryRef="key-72c5549d8d9e79ab706fe4cdcfa176c3">Retail authorisation</Addition></Emphasis>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—athe licensee,bpersons associated with the licensee, orcthe 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.<Emphasis><Addition ChangeId="key-72c5549d8d9e79ab706fe4cdcfa176c3-1605722227254" CommentaryRef="key-72c5549d8d9e79ab706fe4cdcfa176c3">Wholesale authorisation</Addition></Emphasis>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—athe 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, andbthe removing of matter from the sewerage system is done in connection with sewerage services so provided.<Emphasis><Addition ChangeId="key-72c5549d8d9e79ab706fe4cdcfa176c3-1605722227254" CommentaryRef="key-72c5549d8d9e79ab706fe4cdcfa176c3">Disposal authorisation</Addition></Emphasis>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—athe licensee or the person associated with it, or both of them, must obtain a wholesale authorisation, andbneither 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).<Emphasis><Addition ChangeId="key-72c5549d8d9e79ab706fe4cdcfa176c3-1605722227254" CommentaryRef="key-72c5549d8d9e79ab706fe4cdcfa176c3">Interpretation</Addition></Emphasis>8For the purposes of this Schedule, a person (A) is associated with a sewerage licensee (L) if—awhere A and L are bodies corporate, one of them is a subsidiary of the other or both are subsidiaries of the same body corporate;bwhere 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;cA 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.SCHEDULE 3 SPECIAL ADMINISTRATION ORDERSSection 23.Part I MODIFICATIONS OF THE 1986 ACT General application of provisions of 1986 Act1Where a special administration order has been made, sections 11 to 15, 17 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule—aas if references in those sections to an administration order were references to a special administration order and references to an administrator were references to a special administrator; ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of order2In section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule—athe requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the special administration order in a case where the order is made by virtue of section 25 of this Act; andb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . andcthe reference in subsection (3)(d) to proceedings shall include a reference to any proceedings under or for the purposes of section 18 of this Act. Appointment of special administrator3In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection—3An application for an order under subsection (2) may be made—aby the Secretary of State;bwith the consent of the Secretary of State, by the Director General of Water Services;cby any continuing special administrator of the company or, where there is no such special administrator, by the company, the directors or any creditor or creditors of the company. General powers of special administrator4In section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Scheduleain subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be deemed to include a reference to a power to act on behalf of the company for the purposes of this Act, any local statutory provision or the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding an appointment under Chapter I of Part II of this Act or a licence under Chapter 1A of that Part ; andbin subsection (4), the reference to a power conferred by the company’s articles of association shall be deemed to include a reference to a power conferred by a local statutory provision or by virtue of the company’s holding such an appointment or licence . Power to deal with charged property51Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.2In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words “in the open market by a willing vendor” there shall be substituted the words “ for the best price which is reasonably available on a sale which is consistent with the purposes of the special administration order ”.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of special administrator61Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect as follows.2For subsection (2) there shall be substituted the following subsection—2Subject to any directions of the court, it shall be the duty of the special administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his.3In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors’ meeting) shall be omitted. Discharge of order71Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.2For subsections (1) and (2) there shall be substituted the following subsection—1An application for a special administration order to be discharged may be made—aby the special administrator, on the ground that the purposes of the order have been achieved; orbby the Secretary of State or, with the consent of the Secretary of State, the Director General of Water Services, on the ground that it is no longer necessary that those purposes are achieved.3In subsection (3), the words “or vary” shall be omitted.4In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “to the registrar of companies” there shall be substituted—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b... the words “to the registrar of companies and to the Director General of Water Services”. Notice of making of order8In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words “to the registrar of companies” there shall be substituted—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b... the words “to the registrar of companies, to the Director General of Water Services”. Statement of proposals9In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections—1Where a special administration order has been made, the special administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—ato the Secretary of State and to the Director General of Water Services;bso far as he is aware of their addresses, to all creditors of the company; andc... to the registrar of companies;and may from time to time revise those proposals.2If at any time—athe special administrator proposes to make revisions of the proposals for achieving the purposes of the special administration order; andbthose revisions appear to him to be substantial,the special administrator shall, before making those revisions, send a statement of the proposed revisions to the Secretary of State, to the Director General of Water Services, (so far as he is aware of their addresses) to all creditors of the company and... to the registrar of companies.2AWhere the special administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either—asend a copy of the statement (so far as he is aware of their addresses) to all members of the company; orbpublish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge. Applications to court101Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.2After subsection (1) there shall be inserted the following subsection—1AAt any time when a special administration order is in force the Secretary of State or, with the consent of the Secretary of State, the Director General of Water Services may apply to the High Court by petition for an order under this section on the ground that the special administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which—awill not best ensure the achievement of the purposes of the order; orbwithout prejudice to paragraph (a) above, involves either a contravention of the conditions of the company’s appointment under Chapter I of Part II of the Water Industry Act 1991 or its licence under Chapter 1A of that Part or of any statutory or other requirement imposed on the company in consequence of that appointment or licence .3In subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator’s proposals), for paragraphs (a) and (b) there shall be substituted the words “ the achievement of the purposes of the order ”.4Subsections (4)(d) and (6) (power of court to order discharge) shall be omitted.Part II SUPPLEMENTAL General adaptations and saving111Subject to the preceding provisions of this Schedule, references in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before 6th July 1989, to an administration order under Part II of that Act, to an application for such an order and to an administrator shall include references, respectively, to a special administration order, to an application for a special administration order and to a special administrator.2Subject as aforesaid and to sub-paragraph (3) below, references in the 1986 Act, or in any other enactment passed before 6th July 1989, to an enactment contained in Part II of that Act shall include references to that enactment as applied by section 24 of this Act or Part I of this Schedule.3Sub-paragraphs (1) and (2) above shall apply in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied.4The provisions of this Schedule shall be without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules), as modified by sub-paragraphs (1) and (2) above. Interpretation121In this Schedule “the 1986 Act” means the Insolvency Act 1986.2In this Schedule, and in any modification of the 1986 Act made by this Schedule, “special administrator”, in relation to a special administration order, means any person appointed in relation to that order for the purposes of section 23(1) of this Act; and in any such modification “special administration order” has the same meaning as in this Act.SCHEDULE 3A<Addition ChangeId="d29p37620" CommentaryRef="c19875821">The Consumer Council for Water</Addition>Section 27A(11)<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Membership of Council</Addition></Emphasis>11The Council shall consist of—aa chairman appointed by the Secretary of State;bone other member appointed by the Assembly; andcsuch other members as may be appointed by the Secretary of State.2The Secretary of State shall consult the Assembly before appointing the chairman.3The Secretary of State and the Assembly shall consult the chairman before appointing any other member.4An appointment under this paragraph shall be for a term not exceeding five years.5In appointing persons under this paragraph the Secretary of State and the Assembly shall have regard to the desirability of including among the members one or more persons who—ahave experience of work among, and the special needs of, disabled persons; orbhave or have had a disability.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Membership of Council</Addition></Emphasis>21A person holding office as chairman or other member may resign that office by giving notice to the Secretary of State (in the case of a member appointed by him), or to the Assembly (in the case of a member appointed by the Assembly).2The Secretary of State may remove any person appointed by him from office as chairman or other member on the ground of incapacity or misbehaviour.3The Secretary of State shall consult the Assembly before removing any person appointed by him as chairman.4The Assembly may remove any person appointed by it from office as member on the ground of incapacity or misbehaviour.5Otherwise, the chairman and other members shall hold and vacate office as such in accordance with the terms of their respective appointments.6A previous appointment as chairman or other member does not affect a person’s eligibility for appointment to either office.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Terms of appointment, remuneration, pensions etc</Addition></Emphasis>3The Council shall pay to the chairman and other members of the Council such remuneration, and such travelling and other allowances, as the Secretary of State may determine.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Terms of appointment, remuneration, pensions etc</Addition></Emphasis>41If the Secretary of State so determines in the case of any holder of the office of chairman or other member, the Council shall pay—asuch pension, allowance or gratuity to or in respect of him, orbsuch contributions or payments towards provision for such a pension, allowance or gratuity,as the Secretary of State may determine.2If, when any person ceases to hold office as chairman or other member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Members appointed by Assembly</Addition></Emphasis>5In relation to any member of the Council appointed by the Assembly, the matters mentioned in paragraphs 3 and 4 above shall be determined by the Assembly instead of by the Secretary of State.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Staff</Addition></Emphasis>61The Council shall, with the approval of the Secretary of State, appoint a principal officer on such terms of employment as it may, with that approval, determine.2The Council may, with the approval of the Secretary of State as to numbers and terms of employment, appoint such other employees as it may determine.3The persons to whom section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies shall include employees of the Council.4The Council shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Annual reports</Addition></Emphasis>71As soon as practicable after the end of each financial year the Council shall report to the Secretary of State on its activities during the year.2The annual report for each year shall include a report on the progress of the projects described in the Council’s forward work programme for that year.3In making any report under this paragraph the Council shall not include any information which relates to the affairs of a particular individual or body of persons (corporate or unincorporate) unless one or more of paragraphs (a) to (c) of sub-paragraph (4) below applies to the information.4Information relating to a particular individual or body may be included in the report if—athat individual or body has consented to its inclusion;bit is information that is available to the public from some other source; orcit is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.5Before deciding to include any information relating to a particular individual or body in pursuance of sub-paragraph (4)(c) above, the Council shall—aconsult that person or body; andbhave regard to any opinion expressed by the Authority as to the application of sub-paragraph (4)(c) above to the information or as to the desirability or otherwise of its publication,and paragraph (b) applies whether the opinion is given in relation to information itself or to information of a description which applies to that information.6In making any report under this paragraph the Council shall not include any information which it considers relates to any matter which is, or is likely to be, the subject of criminal proceedings.7In considering whether information relates to any matter as mentioned in sub-paragraph (6) above, the Council shall have regard to any opinion expressed (whether in relation to the information itself or to information of a description which applies to that information) by the Secretary of State, the Assembly or the Director of Public Prosecutions.8The Secretary of State shall lay a copy of each annual report of the Council before each House of Parliament.9The Council shall send a copy of each annual report to the Authority and the Assembly and shall arrange for the report to be published in such further manner as it considers appropriate.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Financial provisions and accounts</Addition></Emphasis>81It shall be the duty of the Council to comply with any notice given by the Secretary of State requiring it to perform duties of a financial nature specified in the notice.2The Secretary of State shall consult the Assembly before giving any notice to the Council under sub-paragraph (1) above.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Financial provisions and accounts</Addition></Emphasis>91The Council shall prepare, in respect of each financial year, a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Council.2The statement of accounts shall comply with any requirement which the Secretary of State has notified to the Council.3The Council shall, within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Council, send copies of each statement of accounts of the Council to—athe Secretary of State and the Assembly; andbthe Comptroller and Auditor General.4The Comptroller and Auditor General shall—aexamine, certify and report on every statement sent to him under sub-paragraph (3) above; andblay a copy of the statement and of his report before each House of Parliament.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Financial provisions and accounts</Addition></Emphasis>10The Secretary of State and the Assembly shall pay to the Council such sums as he or it thinks fit to enable it to meet its expenses.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Regional committees</Addition></Emphasis>111The Council shall not establish or abolish a regional committee, or alter the allocation of a relevant undertaker to a regional committee, without the approval of the appropriate authority.2If the Council proposes to do anything mentioned in sub-paragraph (1) above it shall, after consulting the appropriate authority, give notice—adescribing its proposals; andbspecifying the time from the date of the notice (not being less than two months) within which representations may be made with respect to the proposals;and shall consider any representations that are duly made and not withdrawn.3A notice under sub-paragraph (2) above shall be given by publishing it in such manner as the Council considers appropriate for bringing the proposals to the attention of those likely to be affected.4An appropriate authority shall not give its approval under sub-paragraph (1) above until after the time specified in the notice under sub-paragraph (2) above.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Regional committees</Addition></Emphasis>121A regional committee of the Council shall consist of—aa chairman appointed by the appropriate authority;bsuch other members as the Council may appoint.2Any regional committee may establish sub-committees.3The members of a regional committee of the Council may include persons who are not members of the Council (and the members of a sub-committee of the committee may include persons who are not members of the committee or the Council).4In appointing members of a regional committee the Council shall take account of any guidance given to them by the appropriate authority.5The Council may pay to the chairman and other members of a regional committee, or a sub-committee, such remuneration, and such travelling and other allowances, as the appropriate authority may determine.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Regional committees</Addition></Emphasis>131If the appropriate authority so determines in the case of any holder of the office of chairman or other member of a regional committee, or of any sub-committee of a regional committee, the Council shall pay—asuch pension, allowance or gratuity to or in respect of him; orbsuch contributions or payments towards provision for such a pension, allowance or gratuity,as the appropriate authority may determine.2If, when any person ceases to hold office as chairman or other member of a regional committee, the appropriate authority determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the appropriate authority.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Regional committees</Addition></Emphasis>14In paragraphs 11 to 13 above the “appropriate authority” means—athe Assembly, in relation to committees established (or proposed to be established) for relevant undertakers whose areas are wholly or mainly in Wales, to sub-committees of those committees, and to any relevant undertaker whose area is wholly or mainly in Wales;bthe Secretary of State, in relation to committees established (or proposed to be established) for other relevant undertakers, to sub-committees of those committees, and to any other relevant undertaker.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Other committees</Addition></Emphasis>151The Council may establish committees other than regional committees and any such committee may establish sub-committees.2The members of any such committee may include persons who are not members of the Council (and the members of a sub-committee may include persons who are not members of the relevant committee or the Council).3The Council may pay to the chairman and other members of any such committee, or of a sub-committee, such remuneration, and such travelling and other allowances, as the Secretary of State may determine.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Other committees</Addition></Emphasis>161If the Secretary of State so determines in the case of any holder of the office of chairman or other member of any such committee, or of any sub-committee of such a committee, the Council shall pay—asuch pension, allowance or gratuity to or in respect of him; orbsuch contributions or payments towards provision for such a pension, allowance or gratuity,as the Secretary of State may determine.2If, when any person ceases to hold office as chairman or other member of any such committee, or of any sub-committee of such a committee, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Performance of functions of the Council</Addition></Emphasis>17Anything authorised or required to be done by the Council may be done by any member or employee of the Council who, or any regional or other committee of the Council which, is authorised for the purpose by the Council (whether generally or specially).<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Performance of functions of the Council</Addition></Emphasis>18The validity of anything done by the Council is not affected by a vacancy among its members or by a defect in the appointment of a member.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Supplementary powers</Addition></Emphasis>191The Council shall have power to do anything which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions.2That power includes, among other things, power to enter into agreements and to acquire and dispose of property.3The Council may make charges for facilities or services provided by it at the request of any person.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">First financial year of the Council</Addition></Emphasis>201If the period beginning with the day on which the Council is established and ending with the next 31st March is six months or more, the first financial year of the Council is that period.2If the period mentioned in sub-paragraph (1) above is less than six months, the first financial year of the Council is the period beginning with the day on which the body is established and ending with 31st March in the following year.<Emphasis><Addition ChangeId="d29p37620" CommentaryRef="c19875821">Compensation for members of customer service committees</Addition></Emphasis>21The Authority may pay to any person who immediately before the abolition by the Water Act 2003 of a customer service committee established under section 28(1) of this Act is the chairman of that body such sums by way of compensation for loss of office, or loss or diminution of pension rights, as the Secretary of State may determine.SCHEDULE 4 Sub-committees<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/1" id="schedule-4-paragraph-1"><Pnumber>1</Pnumber><P1para><Text>A customer service committee may, with the approval of the Director —</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/1/a" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/1/a" id="schedule-4-paragraph-1-a"><Pnumber>a</Pnumber><P3para><Text>establish local and other sub-committees through which the customer service committee may carry out such of its functions as it may determine;</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/1/b" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/1/b" id="schedule-4-paragraph-1-b"><Pnumber>b</Pnumber><P3para><Text>appoint such persons as it may determine (including persons who are not members of the committee) to be members of any such sub-committee; and</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/1/c" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/1/c" id="schedule-4-paragraph-1-c"><Pnumber>c</Pnumber><P3para><Text>regulate the procedure of any such sub-committee and, subject to paragraph 3 below, the terms and conditions of service of any person appointed to be a member of any such sub-committee.</Text></P3para></P3></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/crossheading/remuneration-pensions-etc-of-the-chairman-of-a-customer-service-committee" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/crossheading/remuneration-pensions-etc-of-the-chairman-of-a-customer-service-committee" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-4-crossheading-remuneration-pensions-etc-of-the-chairman-of-a-customer-service-committee" RestrictEndDate="2005-10-01"><Title> Remuneration, pensions etc. of the chairman of a customer service committee<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2" id="schedule-4-paragraph-2"><Pnumber>2</Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2/1" id="schedule-4-paragraph-2-1"><Pnumber>1</Pnumber><P2para><Text>There shall be paid to the chairman of a customer service committee such remuneration, and such travelling and other allowances, as the Director may determine.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2/2" id="schedule-4-paragraph-2-2"><Pnumber>2</Pnumber><P2para><Text>There shall be paid—</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2/2/a" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2/2/a" id="schedule-4-paragraph-2-2-a"><Pnumber>a</Pnumber><P3para><Text>such pension, allowances or gratuities to or in respect of a person who has held or holds office as the chairman of a customer service committee; or</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2/2/b" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2/2/b" id="schedule-4-paragraph-2-2-b"><Pnumber>b</Pnumber><P3para><Text>such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,</Text></P3para></P3><Text>as may be determined by the Director.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2/3" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2/3" id="schedule-4-paragraph-2-3"><Pnumber>3</Pnumber><P2para><Text>If, when any person ceases to hold office as such a chairman, the Director determines that there are special circumstances which make it right that that person should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Director.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/2/4" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/2/4" id="schedule-4-paragraph-2-4"><Pnumber>4</Pnumber><P2para><Text>The approval of the Treasury shall be required for the making of a determination under this paragraph.</Text></P2para></P2></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/crossheading/expenses-of-other-members-of-a-customer-service-committee-etc" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/crossheading/expenses-of-other-members-of-a-customer-service-committee-etc" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-4-crossheading-expenses-of-other-members-of-a-customer-service-committee-etc" RestrictEndDate="2005-10-01"><Title> Expenses of other members of a customer service committee etc.<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/3" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/3" id="schedule-4-paragraph-3"><Pnumber>3</Pnumber><P1para><Text>Subject to paragraph 2 above, neither the members of a customer service committee nor the members of any sub-committee of any such committee shall be paid any sums by the Director for or in respect of their services except—</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/3/a" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/3/a" id="schedule-4-paragraph-3-a"><Pnumber>a</Pnumber><P3para><Text>in the case of services as a member of a customer service committee, sums reimbursing the member for loss of remuneration, for travelling expenses or for any other out-of-pocket expenses; and</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/3/b" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/3/b" id="schedule-4-paragraph-3-b"><Pnumber>b</Pnumber><P3para><Text>in the case of services as a member of a sub-committee of a customer service committee, sums reimbursing the member for travelling expenses or for any other out-of-pocket expenses which do not relate to loss of remuneration.</Text></P3para></P3></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/crossheading/staff" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/crossheading/staff" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-4-crossheading-staff" RestrictEndDate="2005-10-01"><Title> Staff<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/4" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/4" id="schedule-4-paragraph-4"><Pnumber>4</Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/4/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/4/1" id="schedule-4-paragraph-4-1"><Pnumber>1</Pnumber><P2para><Text>The Director may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such officers and employees of a customer service committee or of any sub-committee of a customer service committee as he may determine.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/4/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/4/2" id="schedule-4-paragraph-4-2"><Pnumber>2</Pnumber><P2para><Text>Anything authorised or required by or under this Act to be done by a customer service committee may be done by any of the officers or employees of the committee, or of any of its sub-committees, who has been authorised for the purpose, whether generally or specially, by the committee or, in accordance with the terms of its appointment, by a sub-committee of the committee.</Text></P2para></P2></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/crossheading/financial-provisions" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/crossheading/financial-provisions" NumberOfProvisions="1" RestrictExtent="E+W" RestrictStartDate="1991-12-01" Match="false" id="schedule-4-crossheading-financial-provisions" RestrictEndDate="2005-10-01"><Title> Financial provisions<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5" id="schedule-4-paragraph-5"><Pnumber>5</Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/1" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/1" id="schedule-4-paragraph-5-1"><Pnumber>1</Pnumber><P2para><Text>The following shall be paid by the Director out of money provided by Parliament, that is to say—</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/1/a" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/1/a" id="schedule-4-paragraph-5-1-a"><Pnumber>a</Pnumber><P3para><Text>any sums required to be paid to or in respect of any person under paragraph 2 or 3 above; and</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/1/b" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/1/b" id="schedule-4-paragraph-5-1-b"><Pnumber>b</Pnumber><P3para><Text>any expenses incurred by a customer service committee in accordance with any statement approved under sub-paragraph (3) below.</Text></P3para></P3></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/2" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/2" id="schedule-4-paragraph-5-2"><Pnumber>2</Pnumber><P2para><Text>A customer service committee shall prepare in respect of each financial year a statement of the expenses which it expects to incur in respect of that year—</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/2/a" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/2/a" id="schedule-4-paragraph-5-2-a"><Pnumber>a</Pnumber><P3para><Text>in relation to officers and employees of the committee and its sub-committees; or</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/2/b" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/2/b" id="schedule-4-paragraph-5-2-b"><Pnumber>b</Pnumber><P3para><Text>otherwise for the purposes of, or in connection with, the carrying out of its functions;</Text></P3para></P3><Text>and that statement shall be sent to the Director, in the case of the statement in respect of the financial year current at the establishment of the committee, as soon as practicable after the establishment of the committee and, in any other case, before the beginning of the financial year to which the statement relates.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4/paragraph/5/3" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4/paragraph/5/3" id="schedule-4-paragraph-5-3"><Pnumber>3</Pnumber><P2para><Text>The Director shall consider any statement sent to him under sub-paragraph (2) above and shall either approve the statement or approve it with such modifications as he considers appropriate.</Text></P2para></P2></P1para></P1></P1group></Pblock></ScheduleBody></Schedule><Schedule DocumentURI="http://www.legislation.gov.uk/ukpga/1991/56/schedule/4ZA" IdURI="http://www.legislation.gov.uk/id/ukpga/1991/56/schedule/4ZA" NumberOfProvisions="9" id="schedule-4ZA" RestrictExtent="E+W+S+N.I." RestrictStartDate="2014-04-01"><Number><Addition ChangeId="d29p38354" CommentaryRef="c19753281">SCHEDULE 4ZA</Addition></Number><TitleBlock><Title><SmallCaps><Addition ChangeId="d29p38354" CommentaryRef="c19753281">Application of provisions of Enterprise Act 2002 to mergers of water enterprises</Addition></SmallCaps>Section 341Part 3 of the 2002 Act (and any other provisions of that Act so far as relating to that Part) shall apply, with such prescribed modifications as the Secretary of State considers to be necessary or expedient, in relation to water mergers and merger references under section 32 of this Act as it applies in relation to relevant merger situations and references under Part 3 of that Act.2The modifications made by virtue of paragraph 1 above shall include modifications to give effect to paragraphs 2A to 6 below.2AWhere a reference is made to the chair of the CMA under section 32 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA in relation to the matter are to be carried out on behalf of the CMA by the group so constituted in any case where those functions would be carried out by a group so constituted in relation to a reference under Part 3 of that Act.31The first questions to be decided by the CMA on a merger reference under section 32(a) of this Act shall be—awhether arrangements are in progress which, if carried into effect, will result in a water merger; andbif so, whether that merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises.2The first questions to be decided by the CMA on a merger reference under section 32(b) of this Act shall be—awhether a water merger has taken place; andbif so, whether that merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises.3Any decision of the CMA on a merger reference under section 32(a) of this Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .4Any decision of the CMA on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .5Any decision of the CMA on a merger reference under section 32(b) of this Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .6Any decision of the CMA on a merger reference under section 32(b) of this Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .41In deciding, on a merger reference under section 32(a) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority and, if so, what action should be taken, the CMA may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—aa consideration of those benefits would not prevent a solution to the prejudice concerned; orbthe benefits which may be expected to accrue are substantially more important than the prejudice concerned.2In deciding, on a merger reference under section 32(b) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority and, if so, what action should be taken, the CMA may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—aa consideration of those benefits would not prevent a solution to the prejudice concerned; orbthe benefits which have accrued, or may be expected to accrue, are substantially more important than the prejudice concerned.3This paragraph is without prejudice to the power of the Secretary of State to provide in regulations made under paragraph 1 above for other matters to which the CMA may or must have regard in deciding the questions as mentioned in sub-paragraph (1) or (2) above (including matters which are to take priority over the effect of action on relevant customer benefits).51No enforcement action shall be taken on a merger reference under section 32(b) of this Act in respect of an actual merger unless the reference was made within the period of four months beginning with whichever is the later of—athe day on which the merger took place; andbthe day on which the material facts about the transactions which resulted in the merger first came to the attention of the CMA or were made public (within the meaning given by section 24(3) of the 2002 Act).2This paragraph is without prejudice to the power of the Secretary of State to provide in regulations made under paragraph 1 above for extensions of the four month period; and, if any such provision is made in such regulations, the provision which is to be made in regulations under paragraph 1 above by virtue of sub-paragraph (1) above or paragraph 6 below may be adjusted accordingly.6If, on a merger reference under section 32(b) of this Act, the CMA are satisfied that the reference was not made within the period of four months mentioned in paragraph 5 above, its report on the reference shall state that fact.71For the purposes of this Schedule a benefit is a relevant customer benefit if—ait is a benefit to relevant customers in the form of—ilower prices, higher quality or greater choice of goods or services in any market in the United Kingdom; oriigreater innovation in relation to such goods or services; andbthe CMA believes—iin the case of a merger reference under section 32(a) of this Act, as mentioned in sub-paragraph (2) below; andiiin the case of a merger reference under section 32(b) of this Act, as mentioned in sub-paragraph (3) below.2The belief, in the case of a merger reference under section 32(a) of this Act, is that—athe benefit may be expected to accrue within a reasonable period as a result of the merger concerned; andbthe benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Authority.3The belief, in the case of a merger reference under section 32(b) of this Act is that—athe benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; andbthe benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Authority.4In sub-paragraph (1) above “relevant customers” means—acustomers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;bcustomers of such customers; andcany other customers in a chain of customers beginning with the customers mentioned in paragraph (a);and in this sub-paragraph “customers” includes future customers.8In this Schedule—“customers”, “goods”, “market in the United Kingdom”, “services” and “relevant merger situation” have the same meanings as in Part 3 of the 2002 Act; and“water merger” means a merger of any two or more water enterprises.Schedule 4A<Addition ChangeId="d29p38680" CommentaryRef="c13225031"> Premises that are not to be disconnected for non-payment of charges</Addition>11Any dwelling which is occupied by a person as his only or principal home.2In this paragraph “dwelling” means—aa private dwelling-house (which may be a building or part of a building),ba caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968), orca boat or similar structure designed or adapted for use as a place of permanent habitation.21Any house in multiple occupation which does not constitute a dwelling within the meaning of paragraph 1 above and in which any person has his only or principal home.2In this paragraph “house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act).31Accommodation for the elderly in which a person has his only or principal home.2In this paragraph “accommodation for the elderly” means residential accommodation to which sub-paragraph (3) or (4) below applies, but which is not a dwelling within the meaning of paragraph 1 above or a house in multiple occupation within the meaning of paragraph 2 above.3This sub-paragraph applies to residential accommodation—awhich is particularly suitable, having regard to its location, size, design, heating systems and other features, for occupation by elderly persons,bwhich it is the practice of the landlord to let for occupation by persons aged 60 or more, andcwhere the services of a warden are provided.4This sub-paragraph applies to any building or part of a building designed or adapted for use as residential accommodation for elderly persons.4A hospital as defined by section 275 of the National Health Service Act 2006 in relation to England or section 206 of the National Health Service (Wales) Act 2006 in relation to Wales.5Premises used for the provision of medical services by a registered medical practitioner.6Premises used for the provision of dental services by a person who under the Dentists Act 1984 is permitted to practise dentistry.7Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 .81A care home or independent hospital.2In this paragraph—“care home” means—a care home in England within the meaning of the Care Standards Act 2000;premises in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided;... a building or part of a building in which accommodation is provided under Part 1 of the Care Act 2014; a building or part of a building— (i) in which accommodation is provided under Part 4 of the Social Services and Well-being (Wales) Act 2014...(ii) ......3In this paragraph “independent hospital”, in relation to England, means—aan establishment, not being a health service hospital as defined by section 275 of the National Health Service Act 2006,—ithe main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; oriiin which (whether or not other services are provided) any of the services listed in sub-paragraph (5) are provided; orbany other establishment, not being a health service hospital as so defined, in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983.4In this paragraph “independent hospital”, in relation to Wales, means an independent hospital within the meaning of the Care Standards Act 2000.5The services referred to in sub-paragraph (3)(a)(ii) are as follows—amedical treatment under anaesthesia or intravenously administered sedation;bdental treatment under general anaesthesia;cobstetric services and, in connection with childbirth, medical services;dtermination of pregnancies;ecosmetic surgery, other than—iear and body piercing,iitattooing,iiithe subcutaneous injection of a substance or substances into the skin for cosmetic purposes, orivthe removal of hair roots or small blemishes on the skin by the application of heat using an electric current.6In sub-paragraph (3)(a)(i)—a“illness” includes any injury; andb“mental disorder” has the same meaning as in the Mental Health Act 1983.9A children’s home in England within the meaning of the Care Standards Act 2000.9APremises in Wales at which a secure accommodation service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided.10A school within the meaning of the Education Act 1996.10AA 16 to 19 Academy.111Premises used by an institution within the further education sector or an institution within the higher education sector for, or in connection with, the provision of education.2In this paragraph the references to an institution within the further education sector or within the higher education sector are to be construed in accordance with section 91 of the Further and Higher Education Act 1992.121Premises in England which are used for the provision of childcare by a person who is registered (otherwise than as a childminder) under Part 3 of the Childcare Act 2006 ...2Premises in Wales which are used for the provision of day care for children by a person who is registered under Part 2 of the Children and Families (Wales) Measure 2010 in respect of the premises.131A prison or removal centre .2In this paragraph “prison” means—aany prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952, including a contracted out prison within the meaning of Part IV of the Criminal Justice Act 1991,bany secure training centre ...baa secure college, orca naval, military or air force prison.3In this paragraph “ removal centre” means any premises which are used solely for detaining persons under the Immigration Act 1971 or the Nationality, Immigration and Asylum Act 2002 , but which are not a part of a prison.14Premises occupied for the purposes of a police force.15Premises occupied for the purposes of a fire and rescue authority .16Premises occupied for the purposes of the provision of an ambulance service by a National Health Service trust established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006or by an NHS foundation trust .SCHEDULE 5 PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLYSection 65. Applications for orders11Where the Authority or a water undertaker applies to the Secretary of State for an order under section 65(5) of this Act, the applicant shall—asubmit to the Secretary of State a draft of the order applied for;bpublish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in the locality which would be affected by the provision proposed to be made by the order;cnot later than the date on which that notice is first published serve a copy of the notice on every affected local authority and every affected water undertaker; anddpublish a notice in the London Gazette which-istates that the draft order has been submitted to the Secretary of State;iinames every local authority on whom a notice is required to be served under this paragraph;iiispecifies a place where a copy of the draft order and of any relevant map or plan may be inspected; andivgives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.2The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—astate the general effect of the order applied for;bspecify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; andcstate that any person may, within that period, by notice to the Secretary of State object to the making of the order.3For the purposes of subsection (1)(c) above a local authority or a water undertaker which is not the applicant shall be affected by an application for an order if its area includes the whole or any part of the locality which would be affected by the provision proposed to be made by the order. Supply of copies of draft orders2The applicant for an order under section 65(5) of this Act shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 1 above. Modifications of proposals31On an application for an order under section 65(5) of this Act, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraph (2) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.2The Secretary of State shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the Secretary of State may have required. Consideration of objections etc.4Where an application for an order to which this Schedule applies has been made, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before making any order on the application.SCHEDULE 6 SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRYSections 71 to 84 & 162 to 172.Part I RIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES Notice of entry11Where this Part of this Schedule applies to any right of entry conferred by a provision of this Act, admission to any premises which are not business premises shall not be demanded as of right by virtue of that provision, unless twenty-four hours notice of the intended entry has been given to the occupier of the premises.2In this paragraph “business premises” means—aany factory; orbany place in which persons are employed otherwise than in domestic service;and in this sub-paragraph “factory” has the same meaning as in the Factories Act 1961. Warrants to exercise right21Subject to sub-paragraph (3) below, if it is shown to the satisfaction of a justice of the peace, on sworn information in writing—athat any one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to any premises which a person is entitled to enter by virtue of a right of entry to which this Part of this Schedule applies; andbthat there is reasonable ground for entry to the premises for any purpose for which the right is exercisable,the justice may by a warrant under his hand authorise that person to enter the premises, if need be by force.2The conditions mentioned in sub-paragraph (1) above are—athat admission to the premises has been refused to the person having the right to enter them;bthat such refusal is apprehended;cthat the premises are unoccupied or the occupier is temporarily absent;dthat the case is one of urgency;ethat an application for admission would defeat the object of the entry.3A warrant under this Part of this Schedule shall not be issued by a justice of the peace in a case in which he is satisfied that the condition mentioned in paragraph (a) or (b) of sub-paragraph (2) above is fulfilled unless he is also satisfied—athat notice of the intention to apply for a warrant has been given to the occupier;bthat a condition mentioned in either of paragraphs (c) and (d) of that sub-paragraph is also fulfilled in relation to the premises; orcthat the giving of such notice as is mentioned in paragraph (a) above would defeat the object of the entry.4Every warrant under this Part of this Schedule shall continue in force until the purpose for which the entry is necessary has been fulfilled.5A person leaving any unoccupied premises which he has entered by virtue of a warrant under this Part of this Schedule shall leave them as effectually secured against trespassers as he found them. Supplementary power of person making entry3Any person entitled to enter any premises by virtue of a right to which this Part of this Schedule applies, or of a warrant under this Part of this Schedule, may take with him such other persons as may be necessary. Obstruction of person exercising right4Any person who wilfully obstructs any person upon whom a right of entry has been conferred by virtue of—aany provision of this Act relating to a right of entry to which this Part of this Schedule applies; orba warrant under this Part of this Schedule,shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale. Duty of persons exercising rights to maintain confidentiality51Without prejudice to section 206 of this Act and subject to sub-paragraphs (2) and (3) below, any person who is admitted to any premises in compliance—awith any provision of this Act relating to a right of entry to which this Part of this Schedule applies; orbwith a warrant under this Part of this Schedule,shall be guilty of an offence under this paragraph if he discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret.2A person shall not be guilty of an offence under this paragraph in respect of any disclosure made in the performance of his duty.3For the purposes of the application of this Part of this Schedule to the right conferred by section 171 of this Act, the reference to premises in subsection (1) above shall have effect as a reference only to business premises, within the meaning of paragraph 1 above.4A person who is guilty of an offence under this paragraph, other than such a person as is mentioned in sub-paragraph (5) below, shall be liable—aon summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;bon conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.5A person who is guilty of an offence under this paragraph by virtue of the application of this Part of this Schedule to the rights conferred by section 171 of this Act shall be liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale or to both.Part II OTHER RIGHTS OF ENTRY AND RELATED POWERS Notice of entry61Without prejudice to any power exercisable by virtue of a warrant under this Part of this Schedule, no person shall make an entry into any premises by virtue of any right or power to which this Part of this Schedule applies except—ain an emergency; orbat a reasonable time and after the required notice of the intended entry has been given to the occupier of the premises.2For the purposes of this paragraph the required notice is—ain the case of the rights and powers conferred by virtue of any of sections 74(4), 84(2) and (3), 86(4) and 170(1)(c) and (3) of this Act, twenty-four hours’ notice; andbin any other case, seven days’ notice.3For the purposes of the application of this Part of this Schedule to any right or power conferred by section 168 of this Act the reference in sub-paragraph (1) above to an emergency—ain relation to any entry to premises for the purposes of, or for purposes connected with, the exercise or proposed exercise of any power in relation to a street, includes a reference to any circumstances requiring the carrying out of emergency works within the meaning of Part III of the New Roads and Street Works Act 1991; andbin relation to any other entry to premises, includes a reference to any danger to property and to any interruption of a supply of water provided to any premises by any person and to any interruption of the provision of sewerage services to any premises.4Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (3)(a) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).5For the purposes of the application of this Part of this Schedule to the rights and other powers conferred by section 172 of this Act sub-paragraph (1) above shall have effect as if the power in an emergency to make an entry to any premises otherwise than at a reasonable time and after the required notice were omitted. Warrant to exercise right or power71If it is shown to the satisfaction of a justice of the peace on sworn information in writing—athat there are reasonable grounds for the exercise in relation to any premises of a right or power to which this Part of this Schedule applies; andbthat one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,the justice may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the right or power in relation to those premises in accordance with the warrant and, if need be, by force.2The conditions mentioned in sub-paragraph (1)(b) above are—athat the exercise of the right or power in relation to the premises has been refused;bthat such a refusal is reasonably apprehended;cthat the premises are unoccupied;dthat the occupier is temporarily absent from the premises;ethat the case is one of urgency; orfthat an application for admission to the premises would defeat the object of the proposed entry.3A justice of the peace shall not issue a warrant under this Part of this Schedule by virtue only of being satisfied that the exercise of a right or power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied—athat notice of the intention to apply for the warrant has been given to the occupier of the premises; orbthat the giving of such a notice would defeat the object of the proposed entry.4For the purposes of the application of this Part of this Schedule to the rights and powers conferred by section 169 of this Act in a case to which subsection (4) of that section applies, a justice of the peace shall not issue a warrant under this Part of this Schedule unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case.5Every warrant under this Part of this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled. Manner of exercise of right or power8A person designated as the person who may exercise any right or power to which this Part of this Schedule applies shall produce evidence of his designation and other authority before he exercises the right or power. Supplementary powers of person making entry etc.9A person authorised to enter any premises by virtue of any right or power to which this Part of this Schedule applies shall be entitled, subject in the case of a right or power exercisable under a warrant to the terms of the warrant, to take with him on to the premises such other persons and such equipment as may be necessary. Duty to secure premises10A person who enters any premises in the exercise of any right or power to which this Part of this Schedule applies shall leave the premises as effectually secured against trespassers as he found them. Compensation111Where any person exercises any right or power to which this Part of this Schedule applies, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of—athe exercise by the designated person of that right or power or of any power to take any person or equipment with him when entering the premises in relation to which the right or power is exercised; orbthe performance of, or failure of the designated person to perform, the duty imposed by paragraph 10 above.2Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage—ais attributable to the default of the person who sustained it; orbis loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.3Any dispute as to a person’s entitlement to compensation under this paragraph or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—aby the Upper Tribunal where the relevant authority is the Secretary of State; andbby the Secretary of State, in any other case. Obstruction of person exercising right or power12A person who intentionally obstructs another person acting in the exercise of any right or power to which this Part of this Schedule applies shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Interpretation of Part II131In this Part of this Schedule “relevant authority”, in relation to a right or power to which this Part of this Schedule applies, means the person who, by virtue of—athe provision by which the right or power is conferred; orb(except in paragraph 7 above) the warrant,is entitled to designate the person by whom the right or power may be exercised.2References in this Part of this Schedule, except in paragraph 7 above, to a right or power to which this Part of this Schedule applies include references to a right or power exercisable by virtue of a warrant under this Part of this Schedule.3For the purposes of paragraphs 10 and 11 above a person enters any premises by virtue of a right or power to which this Part of this Schedule applies notwithstanding that he has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with-aany requirement to enter those premises at a reasonable time or after giving notice of his intended entry; orbthe requirement imposed by paragraph 8 above. SCHEDULE 7 PRE-1985 FLUORIDATION SCHEMESSection 91.<CommentaryRef Ref="key-d1bdcb59eed7ce0d4aec44eab57b70f8"/> Operation of pre-1985 schemes11Where in pursuance of any such arrangements entered into by a water authority or statutory water company before 20th December 1984 as have effect immediately before the coming into force of this Act as arrangements entered into by a water undertaker—aa scheme for increasing the fluoride content of water supplied by the authority or company in any part of England and Wales was in operation immediately before that date; orbwork had been begun by the authority or company before that date for enabling such a scheme to be brought into operation,that water undertaker may, while the conditions mentioned in sub-paragraph (2) below are satisfied, operate the scheme.2The conditions referred to in sub-paragraph (1) above are that the arrangements require—afluoridation to be effected only by the addition of one or more of the compounds of fluorine mentioned in subsection (4) of section 87 of this Act; andbthe concentrations of fluoride in the water supplied to consumers to be maintained, so far as reasonably practicable, at one milligram per litre. Supplies by other undertakers and revocation or variation of scheme21Where a water undertaker is operating a fluoridation scheme by virtue of this Schedule—asubsections (6) and (7) of section 87 of this Act shall apply in relation to the scheme as they apply in relation to any scheme operated in exercise of the power conferred by that section or section 1 of the Water (Fluoridation) Act 1985;bthe scheme shall cease to have effect upon the appropriate authority giving to the undertaker reasonable notice of the authority’s desire to terminate it; andcthe arrangements under which the scheme is operated may be varied to take account of any amendment of section 87(2) of this Act which is made under section 88 of this Act.2In this paragraph “appropriate authority”, in relation to a fluoridation scheme which is operated under this Schedule, means the Strategic Health Authority orHealth Authority to which the water undertaker concerned is answerable in accordance with the arrangements under which the scheme is operated. Publicity and consultation31Section 89 of this Act (including the power of the Secretary of State under subsection (6) of that section to dispense with the other requirements of that section) shall apply where a Strategic Health Authority orHealth Authority propose to terminate a scheme which may be operated by virtue of this Schedule as it applies where Strategic Health Authority ora Health Authority propose to withdraw an application under section 87 of this Act.2Accordingly, in subsection (7) of section 89 of this Act, the reference to the question whether an application under section 87 of this Act should be withdrawn shall be treated by virtue of sub-paragraph (1) above as a reference to whether a scheme should be terminated under this Schedule.SCHEDULE 8 PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC.Section 140. Trade effluent agreements1Nothing in Chapter III of Part IV of this Act (except so far as it relates to special category effluent) or in the repeals made by the Water Consolidation (Consequential Provisions) Act 1991 shall affect—aany agreement with respect to any trade effluent to which a sewerage undertaker is a party by virtue of its having been duly made before 1st July 1937 between a predecessor of the undertaker and the owner or occupier of any trade premises; orbany agreement saved by section 63(8) of the Public Health Act 1961 (pre-1961 Act agreements with respect to discharges from premises used for farming or for scientific research or experiment). Authorisations having effect as deemed consents under the Control of Pollution Act 197421Where, by virtue of section 43(2) of the Control of Pollution Act 1974 there is, immediately before the commencement of this Act, a deemed consent for the purposes of the Public Health (Drainage of Trade Premises) Act 1937 which has effect under the Water Act 1989 in relation to any sewerage undertaker, that deemed consent shall have effect as a deemed consent for the purposes of Chapter III of Part IV of this Act subject to the following provisions of this paragraph.2The sewerage undertaker—amay at any time; andbshall if requested to do so by any person entitled to make a discharge in pursuance of the deemed consent,by notice served on the owner and any occupier of the premises in question cancel the deemed consent and, subject to sub-paragraph (3) below, give its actual consent for such discharges as were authorised by the deemed consent.3An actual consent given under sub-paragraph (2) above shall be so given either conditionally or subject to any conditions which may be attached to consents by virtue of section 121 of this Act.3AIf a sewerage undertaker serves a notice under sub-paragraph (2) in relation to premises in respect of which a sewerage licensee provides sewerage services, the sewerage undertaker must send a copy of the notice to the sewerage licensee.4It is hereby declared that the provisions of Chapter III of Part IV of this Act with respect to the variation of conditions of a consent apply in relation to an actual consent under sub-paragraph (2) above as they apply in relation to any other actual consent under Chapter III of Part IV of this Act.5A notice signifying an actual consent under sub-paragraph (2) above shall indicate that a right of appeal is conferred under the following paragraph in respect of the notice. Appeals in respect of consents under paragraph 231A person on whom notice is served in pursuance of paragraph 2(2) above may, in accordance with regulations made by the Secretary of State, appeal to the Authority.2Section 137 of this Act shall apply, with the necessary modifications, in relation to appeals under this paragraph as it applies in relation to appeals under section 122 of this Act.3On an appeal under this paragraph the Authority may give the sewerage undertaker in question any such direction as it thinks fit with respect to the notice and it shall be the duty of the undertaker to comply with the direction. Determinations of disputes as to transitional matters41Any dispute in so far as it—aarises after the commencement of this Act and relates to a deemed consent in respect of discharges previously authorised under section 4 of the Public Health (Drainage of Trade Premises) Act 1937; andbis a dispute as to the nature or composition of any trade effluent discharged from any trade premises into a sewer during any period, as to the quantity of trade effluent so discharged on any one day during any period or as to the rate of trade effluent so discharged during any period,shall, unless the parties otherwise agree, be referred to the Authority for determination.2On a reference under this paragraph the Authority may make such order in the matter as it thinks just.3An order on a reference under this paragraph shall be final; but section 137 of this Act shall apply, with the necessary modifications, in relation to references under this paragraph as it applies in relation to appeals under section 122 of this Act. Regulations as to residue of agreements5The Secretary of State may by regulations make provisions in relation to the provisions of any agreement to which subsection (1) of section 43 of the Control of Pollution Act 1974 applied and which apart from that section would be in force after the commencement of this Act—afor determining, by arbitration or otherwise, whether any such agreement continues to have effect as relating to a matter other than the discharge of trade effluent into a sewerage undertaker’s sewer;bfor determining, by arbitration or otherwise, what modifications (if any) are appropriate in consequence of any prescribed provision of section 43 of that Act or any provision of this Schedule re-enacting any such provision; andcin a case in which the conditions on which any discharges authorised by such an agreement included, immediately before the coming into force of section 43 of that Act, a condition as to charges in respect of the discharges and other matters—ifor determining, by arbitration or otherwise, the proportion of the charges attributable to the discharges; andiifor limiting accordingly the conditions which are to be treated by virtue of section 43 of that Act as included in the deemed consent which has effect by virtue of this Schedule.SCHEDULE 9 MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTSSection 155. Compensation enactments1Subject to the following provisions of this Schedule, the enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under section 155 of this Act of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land. Adaptation of the Compulsory Purchase Act 19652The Compulsory Purchase Act 1965 (in the following provisions of this Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory acquisition under section 155 of this Act of a right by the creation of a new right as it applies to the compulsory acquisition under that section of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—athe right acquired or to be acquired; orbthe land over which the right is or is to be exercisable.2Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under section 155 of this Act of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule. Section 7 of the 1965 Act3For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—7In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. Section 8 of the 1965 Act4Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—SCHEDULE 2A<Substitution ChangeId="key-686f2be3ce4848d3fe21cd2ae00f60bb-1620498491214" CommentaryRef="key-686f2be3ce4848d3fe21cd2ae00f60bb">Counter-notice requiring purchase of land</Substitution><Emphasis><Substitution ChangeId="key-686f2be3ce4848d3fe21cd2ae00f60bb-1620498491214" CommentaryRef="key-686f2be3ce4848d3fe21cd2ae00f60bb">Introduction</Substitution></Emphasis>11This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.2But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).2In this Schedule “house” includes any park or garden belonging to a house.<Emphasis><Substitution ChangeId="key-686f2be3ce4848d3fe21cd2ae00f60bb-1620498491214" CommentaryRef="key-686f2be3ce4848d3fe21cd2ae00f60bb">Counter-notice requiring purchase of land</Substitution></Emphasis>3A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.4A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.<Emphasis><Substitution ChangeId="key-686f2be3ce4848d3fe21cd2ae00f60bb-1620498491214" CommentaryRef="key-686f2be3ce4848d3fe21cd2ae00f60bb">Response to counter-notice</Substitution></Emphasis>5On receiving a counter-notice the acquiring authority must decide whether to—awithdraw the notice to treat,baccept the counter-notice, orcrefer the counter-notice to the Upper Tribunal.6The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).7If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.8If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.9If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.<Emphasis><Substitution ChangeId="key-686f2be3ce4848d3fe21cd2ae00f60bb-1620498491214" CommentaryRef="key-686f2be3ce4848d3fe21cd2ae00f60bb">Determination by Upper Tribunal</Substitution></Emphasis>10On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—ain the case of a house, building or factory, cause material detriment to the house, building or factory, orbin the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.11In making its determination, the Upper Tribunal must take into account—athe effect of the acquisition of the right,bthe proposed use of the right, andcif the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.12If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.13If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.141If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.2If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.3Any dispute as to the compensation is to be determined by the Upper Tribunal. Effect of deed poll5The following provisions of the 1965 Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—asection 9(4) (refusal by owners to convey);bparagraph 10(3) of Schedule 1 (owners under incapacity);cparagraph 2(3) of Schedule 2 (absent and untraced owners); anddparagraphs 2(3) and 7(2) of Schedule 4 (common land),shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority. Section 11 of the 1965 Act6Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) shall be modified correspondingly. Section 20 of the 1965 Act7Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under section 155 of this Act of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question. Section 22 of the 1965 Act8Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.SCHEDULE 10 PROCEDURE RELATING TO BYELAWS UNDER SECTION 157Section 157. Confirmation of byelaws11No byelaw made by a relevant undertaker under section 157 of this Act shall have effect until confirmed by the Secretary of State under this Schedule.2At least one month before it applies for the confirmation of any such byelaw, a relevant undertaker shall—acause a notice of its intention to make the application to be published in the London Gazette and in such other manner as it considers appropriate for the purpose of bringing the proposed byelaw to the attention of persons likely to be affected by it; andbcause copies of the notice to be served on any persons carrying out functions under any enactment who appear to it to be concerned.3For at least one month before an application is made by a relevant undertaker for the confirmation of any such byelaw, a copy of it shall be deposited at one or more of the offices of the relevant undertaker, including (if there is one) at an office in the area to which the byelaw would apply.4A relevant undertaker shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above.5Every person shall be entitled, on application to a relevant undertaker, to be furnished free of charge with a printed copy of a byelaw so deposited. Confirmation with or without modifications21The Secretary of State, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by a relevant undertaker for confirmation under this Schedule, or may confirm the byelaw either without or, if the relevant undertaker consents, with modifications.2The relevant undertaker which has so submitted a byelaw shall, if so directed by the Secretary of State, cause notice of any proposed modifications to be given in accordance with his directions. Commencement of byelaw31The Secretary of State may fix the date on which any byelaw confirmed under this Schedule is to come into force.2If no date is so fixed, the byelaw shall come into force at the end of the period of one month beginning with the date of confirmation. Availability of confirmed byelaws41Every byelaw made by a relevant undertaker and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the relevant undertaker, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.2Every person shall be entitled, on application to a relevant undertaker and on payment of such reasonable sum as the relevant undertaker may determine, to be furnished with a copy of any byelaw so deposited by that undertaker. Revocation of byelaws5Without prejudice to subsection (5) of section 157 of this Act and subject to paragraph 4(4) of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991, if it appears to the Secretary of State that the revocation of a byelaw under that section is necessary or expedient, he may, after—agiving notice to the relevant undertaker which made the byelaw;bconsidering any representations or objections made by that undertaker; andcif required by that undertaker, holding a local inquiry,revoke that byelaw. Proof of byelaws etc.6The production of a printed copy of a byelaw purporting to be made by a relevant undertaker upon which is indorsed a certificate, purporting to be signed on its behalf, stating—athat the byelaw was made by that undertaker;bthat the copy is a true copy of the byelaw;cthat on a specified date the byelaw was confirmed under this Schedule; anddthe date, if any, fixed under paragraph 3 above for the coming into operation of the byelaw,shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate. SCHEDULE 11 ORDERS CONFERRING COMPULSORY WORKS POWERSSection 167. Applications for orders11Where a water undertaker applies to the Secretary of State for a compulsory works order, it shall—asubmit to the Secretary of State a draft of the order applied for;bpublish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in each relevant locality;cnot later than the date on which that notice is first published—iserve a copy of the notice on each of the persons specified in relation to the application in sub-paragraph (3) below; andiiin the case of a draft order which would authorise the stopping-up or diversion of a footpath or bridleway, cause such a copy, together with a plan showing the general effect of the draft order so far as it relates to the footpath or bridleway, to be displayed in a prominent position at the ends of the part of the path or way to be stopped up or diverted;anddpublish a notice in the London Gazette which—istates that the draft order has been submitted to the Secretary of State;iinames every local authority on whom a notice is required to be served under this paragraph;iiispecifies a place where a copy of the draft order and of any relevant map or plan may be inspected; andivgives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.2The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order by a water undertaker shall—astate the general effect of the order applied for;bin the case of an application made wholly or partly for the purpose of enabling any discharges of water to be made—icontain particulars of the proposed discharges, stating the purposes of the discharges and specifying each place of discharge;iispecify the places at which the water to be comprised in the proposed discharges is to be taken and the treatment (if any) which the draft order proposes to require the water, or any of it, to receive before being discharged under the order; andiiistate the effect which, in the opinion of the undertaker, the proposed discharges would have on the flow, level and quality of water in any inland waters or underground strata;cspecify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; anddstate that any person may, within that period, by notice to the Secretary of State object to the making of the order.3The persons mentioned in sub-paragraph (1)(c) above in relation to an application for a compulsory works order a draft of which has been submitted to the Secretary of State are—athe Environment Agency, if the whole or any part of a relevant locality is in England;aathe NRBW, if the whole or any part of a relevant locality is in Wales;bevery local authority whose area is or includes the whole or any part of a relevant locality;cevery water undertaker, not being the applicant, whose area is or includes the whole or any part of such a locality;devery navigation authority, harbour authority and conservancy authority which would be affected by, or has functions in relation to any inland waters which would be affected by, any provision proposed to be made by the order;eevery person—iwho is an owner, lessee, tenant (whatever the tenancy period) or occupier of any land in relation to which compulsory powers would become exercisable if the order were made in the terms of the draft order; oriiwho the water undertaker thinks is likely to be entitled to make a claim for compensation under section 10 of the Compulsory Purchase Act 1965 if the order is confirmed and the compulsory powers become exercisable, so far as he is known to the water undertaker after making diligent inquiry;fevery person who has given notice to the water undertaker requiring it to notify him of applications for compulsory works orders and has paid such reasonable charge as the undertaker may have required him to pay for being notified by virtue of this paragraph;gsuch other persons as may be prescribed.4In this paragraph “relevant locality”, in relation to an application for an order a draft of which is submitted to the Secretary of State by a water undertaker, means—aany locality which would be affected by any provision proposed to be made by the order for the purpose of enabling any engineering or building operations to be carried out; andbwhere provision is proposed to be made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the proposed discharges is situated or in which there appears to that undertaker to be any inland waters or underground strata the flow, level or quality of water in which may be affected by any of the proposed discharges. Supply of copies of draft orders2A water undertaker applying for a compulsory works order shall, at the request of any person and on payment by that person of such charge (if any) as the undertaker may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 1 above and of any relevant map or plan. Powers on an application31On an application for a compulsory works order, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraphs (2) and (3) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.2The Secretary of State shall not make such a modification of a draft order submitted to him by any water undertaker as he considers is likely adversely to affect any persons unless he is satisfied that the undertaker has given and published such additional notices, in such manner, as the Secretary of State may have required.3The Secretary of State shall not, unless all interested parties consent, make a compulsory works order so as to confer in relation to any land any powers of compulsory acquisition which would not have been conferred in relation to that land if the order were made in the terms of the draft order submitted to him under paragraph 1 above.4Where, on an application by a water undertaker for a compulsory works order, the Secretary of State refuses to make an order, the undertaker shall, as soon as practicable after the refusal, notify the refusal to every person on whom it was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application.5The duty of a water undertaker under sub-paragraph (4) above shall be enforceable under section 18 of this Act by the Secretary of State. Consideration of objections etc.41If, where an application for a compulsory works order has been made by a water undertaker, any notice of an objection to it is received, before the end of the relevant period, by the Secretary of State from—aany person on whom a notice under paragraph 1 or 3 above is required to be served; orbfrom any other person appearing to the Secretary of State to be affected by the order as submitted to him or as proposed to be modified under paragraph 3 above,then, unless the objection is withdrawn, the Secretary of State shall, before making the order, either cause a local inquiry to be held or afford to the objector and to the undertaker an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.2Where any objection received by the Secretary of State as mentioned in sub-paragraph (1) above relates to any powers of compulsory acquisition, the Secretary of State may require the objector to state in writing the grounds of his objection; and if the Secretary of State is satisfied that the objection relates exclusively to matters that can be dealt with in the assessment of compensation, he may disregard the objection for the purposes of that sub-paragraph.3In this paragraph “the relevant period”, in relation to an application for any order, means the period ending with whichever is the later of—athe end of the period of twenty-eight days beginning with the date of the first publication of the notice published with respect to the application for the purposes of paragraph 1(1)(b) above; andbthe end of the period of twenty-five days beginning with the date of the publication in the London Gazette of the notice published for the purposes of the application by virtue of paragraph 1(1)(d) above,together, in the case of an application for an order modifications to which have been proposed by the Secretary of State, with any further periods specified with respect to the modifications in notices under paragraph 3(2) above. Notice after making of order51As soon as practicable after a compulsory works order has been made, the undertaker on whose application it is made shall—apublish a notice of the making of the order, at least once in each of two successive weeks, in one or more newspapers circulating in each relevant locality; andbnot later than the date on which that notice is first published—iserve a copy of the notice on every person on whom that undertaker was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application for the order; andiiin the case of an order authorising the stopping-up or diversion of a footpath or bridleway, cause such a copy, together with a plan showing the general effect of the order so far as it relates to the footpath or bridleway, to be displayed in a prominent position at the ends of the appropriate part of the path or way.2The notice required by virtue of sub-paragraph (1)(a) above to be published with respect to a compulsory works order shall—astate the general effect of the order;bin the case of an order made wholly or partly for the purpose of enabling any discharges of water to be made—icontain particulars of the discharges, stating the purposes of the discharges and specifying each place of discharge;iispecify the places at which the water to be comprised in the discharges is to be taken and the treatment (if any) which the order requires the water, or any of it, to receive before being discharged under the order; andiiistate the effect which, in the opinion of the applicant undertaker, the discharges would have on the flow, level and quality of water in any inland waters or underground strata;andcspecify a place where a copy of the order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times.3Where a compulsory works order has been made, the undertaker on whose application it was made shall, at the request of any person and on payment by that person of such charge (if any) as that undertaker may reasonably require, furnish that person with a copy of the order and of any relevant map or plan.4The duties of a water undertaker under this paragraph shall be enforceable under section 18 of this Act by the Secretary of State.5In this paragraph “relevant locality”, in relation to any compulsory works order, means—aany locality which is affected by any provision made by the order for the purpose of enabling any engineering or building operations to be carried out; andbwhere provision is made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the discharges is situated or in which there appears to the undertaker which applied for the order to be any inland waters or underground strata the flow, level or quality of water in which may be affected by any of the discharges. Compulsory acquisition provisions61Without prejudice to the provisions of Schedule 14 to this Act—aPart I of the Compulsory Purchase Act 1965;b sections 2A and 4 and Part III of, and Schedule 3 to, the Acquisition of Land Act 1981; andcthe enactments for the time being in force with respect to compensation for the compulsory purchase of land,shall apply in relation to so much of a compulsory works order as confers powers of compulsory acquisition as they apply in relation to a compulsory purchase order made by virtue of section 155 of this Act and, accordingly, shall so apply, where the case so requires, with the modifications made by Schedule 9 to this Act.2Subject to the provisions of sub-paragraph (6) below, if any person aggrieved by a compulsory works order containing powers of compulsory acquisition, or by a certificate given under the special land provisions in connection with such an order, desires—ato question the validity of the order, or of any provision of the order, on the grounds that any powers of compulsory acquisition conferred by the order are not authorised by this Act to be so conferred, or that any of the relevant requirements have not been complied with in relation to the order; orbto question the validity of the certificate on the grounds that any of the relevant requirements have not been complied with in relation to the certificate,he may make an application for the purpose to the High Court at any time before the end of the period of six weeks beginning with the date on which notice of the making of the order is first published in accordance with paragraph 5 above or, as the case may be, notice of the giving of the certificate is first published in accordance with the special land provisions.3On any application under sub-paragraph (2) above with respect to any order or certificate, the High Court—amay by interim order suspend the operation of the order, or any provision of the order, or of the certificate (either generally or in so far as it affects any property of the applicant to the High Court) until the final determination of the proceedings; andbif satisfied—ithat any powers of compulsory acquisition conferred by the order are not authorised by this Act to be so conferred; oriithat the interests of that applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to the order or the certificate,may quash the order, or any provision of the order, or the certificate (either generally or in so far as it affects any property of that applicant).4Except as provided by sub-paragraph (2) above, the validity of any such order or certificate as is mentioned in that sub-paragraph shall not, either before or after the order or certificate has been made or given, be questioned in any legal proceedings whatsoever.5Subject to any order of the High Court under sub-paragraph (3) above, any such order or certificate as is mentioned in sub-paragraph (2) above shall become operative (except, in the case of an order, where it is subject by virtue of the special land provisions to special parliamentary procedure) on the date on which notice of the making or giving of the order or certificate is published as mentioned in the said sub-paragraph (2).6Where an order such as is mentioned in sub-paragraph (2) above is subject to special parliamentary procedure, sub-paragraphs (2) to (4) of this paragraph—ashall not apply to the order if it is confirmed by Act of Parliament under section 4 or 6 of the Statutory Orders (Special Procedure) Act 1945; andbin any other case, shall have effect as if the reference in sub-paragraph (2) of this paragraph to the date on which notice of the making of the order is first published in accordance with paragraph 5 above were a reference to the date on which the order becomes operative under the said Act of 1945.7In this paragraph—“the special land provisions” means the provisions, as applied by virtue of sub-paragraph (1) above, of Part III of the Acquisition of Land Act 1981 or, as the case may require, of Part II of Schedule 3 to that Act; and“the relevant requirements”, in relation to an order or certificate, means the requirements of this Schedule and such requirements of the special land provisions or of any other enactment as are applicable to that order or certificate by virtue of this paragraph. Compensation in certain cases of compulsory acquisition7Where—ain connection with any engineering or building operations to which a compulsory works order relates, a licence under Chapter II of Part II of the Water Resources Act 1991 is granted, or is deemed to be granted, to the water undertaker in question; andbthat licence is a licence to abstract water or to obstruct or impede the flow of any inland waters,no compensation shall be payable by virtue of sub-paragraph (1) of paragraph 6 above in respect of any land or interest injuriously affected by the carrying out of those operations, in so far as that land or interest is injuriously affected by the abstraction of water, or the obstruction or impeding of the flow, in accordance with the provisions of the licence. Compensation in respect of powers other than acquisition powers81If the value of any interest in any relevant land is depreciated by the coming into force of so much of any compulsory works order as—aconfers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; andbgrants authority for the carrying out of the operations,the person entitled to that interest shall be entitled to compensation from the applicant for the order of an amount equal to the amount of the depreciation.2Where the person entitled to an interest in any relevant land sustains loss or damage which—ais attributable to so much of any compulsory works order as—iconfers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; andiigrants authority for the carrying out of the operations;bdoes not consist in depreciation of the value of that interest; andcis loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 155 of this Act in pursuance of a notice to treat served on the date on which the order comes into force,he shall be entitled to compensation from the applicant for the order in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.3Where any damage to, or injurious affection of, any land which is not relevant land is attributable to so much of any compulsory works order as—aconfers compulsory powers, other than powers of compulsory acquisition, for the purpose of enabling any engineering or building operations to be carried out; andbgrants authority for the carrying out of the operations,the applicant for the order shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.4A person who sustains any loss or damage which is attributable to any discharge of water made by a water undertaker in pursuance of a compulsory works order shall be entitled to recover compensation from the undertaker in respect of the loss or damage.5For the purposes of sub-paragraph (4) above any extra expenditure—awhich it becomes reasonably necessary for any water undertaker or public authority (other than the undertaker making the discharge) to incur for the purpose of properly carrying out any statutory functions; andbwhich is attributable to any such discharge of water as is mentioned in that sub-paragraph,shall be deemed to be a loss sustained by the undertaker or public authority and to be so attributable.6Any question of disputed compensation under this paragraph, shall be referred to and determined by the Upper Tribunal; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.7For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.8Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (7) above is subject to a mortgage—athe compensation shall be assessed as if the interest were not subject to the mortgage;ba claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;cno such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); anddany such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.9In this paragraph “relevant land”, in relation to a compulsory works order, means any land which is not land in relation to which powers of compulsory acquisition are conferred by the order but is—aland where any operations for which authority is granted by the order are to be carried out;bland in relation to which compulsory powers are conferred by the order; orcland held with any land falling within paragraph (a) or (b) above. Protection of public undertakings9The provisions of section 186 of this Act and of Part I of Schedule 13 to this Act shall apply, as they apply in relation to the carrying out of works in exercise of powers under this Act, in relation to the carrying out of works by virtue of an authority granted by so much of any compulsory works order as makes provision other than provision conferring powers of compulsory acquisition. Interpretation10In this Schedule—“bridleway” and “footpath” have the same meanings as in the Highways Act 1980;“compulsory works order” means an order under section 167 of this Act;“powers of compulsory acquisition” means any such powers as are mentioned in subsection (4)(a) of section 167 of this Act;...SCHEDULE 12 COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERSSection 180. Compensation in respect of street works powers11This paragraph applies, in relation to a relevant undertaker, to the powers conferred on it in relation to streets by sections 158, 161 and 162 of this Act.2It shall be the duty of every relevant undertaker—ato do as little damage as possible in the exercise of the powers to which this paragraph applies; andbto pay compensation for any loss caused or damage done in the exercise of those powers.3Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the the Authority.4Until the coming into force of Part III of the New Roads and Street Works Act 1991, a payment of compensation under this paragraph shall be treated for the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) as made under an enactment passed before that Act of 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this paragraph). Compensation in respect of pipe-laying works in private land21If the value of any interest in any relevant land is depreciated by virtue of the exercise, by any relevant undertaker, of any power to carry out pipe-laying works on private land, the person entitled to that interest shall be entitled to compensation from the undertaker of an amount equal to the amount of the depreciation.2Where the person entitled to an interest in any relevant land sustains loss or damage which—ais attributable to the exercise by any relevant undertaker of any power to carry out pipe-laying works on private land;bdoes not consist in depreciation of the value of that interest; andcis loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 155 of this Act,he shall be entitled to compensation from the undertaker in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.3Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by any relevant undertaker, of any power to carry out pipe-laying works on private land, the undertaker shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.4The Secretary of State may by regulations make provision requiring a relevant undertaker, where it is proposing or has begun, in a prescribed case, to exercise any power to carry out pipe-laying works on private land, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.5In this paragraph “relevant land”, in relation to any exercise of a power to carry out pipe-laying works on private land, means the land where the power is exercised or land held with that land.6In this paragraph the references to a power to carry out pipe-laying works on private land are references to any of the powers conferred by virtue of sections 159, 161(2) and 163 of this Act. Assessment of compensation under paragraph 231Any question of disputed compensation under paragraph 2 above shall be referred to and determined by the Upper Tribunal; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.2For the purpose of assessing any compensation under paragraph 2 above, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.3Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (2) above is subject to a mortgage—athe compensation shall be assessed as if the interest were not subject to the mortgage;ba claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;cno such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); anddany such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.4Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under paragraph 2 above to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—ais contiguous or adjacent to that land; andbis land to an interest in which that person is entitled in the same capacity. Compensation in respect of sewerage works etc.41Subject to the following provisions of this paragraph, a sewerage undertaker shall make full compensation to any person who has sustained damage by reason of the exercise by the undertaker, in relation to a matter as to which that person has not himself been in default, of any of its powers under the relevant sewerage provisions.2Subject to sub-paragraph (3) below, any dispute arising under this paragraph as to the fact of damage, or as to the amount of compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the the Authority.3If the compensation claimed under this paragraph in any case does not exceed £5,000, all questions as to the fact of damage, liability to pay compensation and the amount of compensation may, be referred to the Authority for determination under section 30A of this Act by either party.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5No person shall be entitled by virtue of this paragraph to claim compensation on the ground that a sewerage undertaker has, in the exercise of its powers under the relevant sewerage provisions, declared any sewer , lateral drain or sewage disposal works, whether belonging to that person or not, to be vested in the undertaker. Compensation in respect of metering works51Without prejudice to section 148 of this Act or to paragraph 11 of Schedule 6 to this Act or paragraph 1 above, where a person authorised by any relevant undertaker carries out any works by virtue of section 162 of this Act on any premises, the undertaker shall make good, or pay compensation for, any damage caused by that person or by any person accompanying him by or in connection with the carrying out of the works.2Any dispute between a relevant undertaker and any other person (including another such undertaker)—aas to whether the undertaker should pay any compensation under this paragraph; orbas to the amount of any such compensation,shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority. Compensation in respect of discharges for works purposes61It shall be the duty of every water undertaker—ato cause as little loss and damage as possible in the exercise of the powers conferred on it by section 165 of this Act; andbto pay compensation for any loss caused or damage done in the exercise of those powers.2For the purposes of subsection (1) above any extra expenditure—awhich it becomes reasonably necessary for any other water undertaker or any sewerage undertaker or public authority to incur for the purpose of properly carrying out any statutory functions; andbwhich is attributable to any discharge of water under section 165 of this Act,shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by that section.3Any dispute as to whether compensation should be paid under sub-paragraph (1) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.SCHEDULE 13 PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGSSection 183.Part I PROVISIONS APPLYING GENERALLY General provisions protecting undertakings11Nothing in this Act conferring power on a relevant undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere—awith works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; orbwith the use of any such works or property,as to affect injuriously those works or that property or the carrying on of that undertaking.2Without prejudice to the construction of sub-paragraph (1) above for the purposes of its application in relation to the other provisions of this Act, that sub-paragraph shall have effect in its application in relation to the relevant sewerage provisions as if any use of, injury to or interference with any sluices, floodgates, sewers, groynes, sea defences or other works which are vested in or under the control of the Environment Agency or the NRBW or an internal drainage board were such an interference with works or property vested in or under the control of the Environment Agency or the NRBW or that board as to affect injuriously the works or property or the carrying on of the undertaking of the Environment Agency or the NRBW or of that board.3A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.4Subject to the following provisions of this Schedule, any dispute—aas to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1) above;bas to whether any consent for the purposes of this paragraph is being unreasonably withheld; orcas to whether any condition subject to which any such consent has been given was reasonable,shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.5The following are the undertakings protected by this paragraph, that is to say-athe undertakings of the Environment Agency, the NRBW, the Civil Aviation Authority, the Coal Authority and a universal service provider (so far as it is the provider’s undertaking in relation to the provision of a universal postal service;bthe undertaking of any relevant undertaker;cany undertaking consisting in the provision of an electronic communications network;dany airport to which Part V of the Airports Act 1986 applies;ethe undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986;fthe undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, supply or participate in the transmission of electricity;gthe undertaking of any navigation, harbour or conservancy authority or of any internal drainage board;hthe undertaking of any railway undertakers;iany public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.jthe undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;kthe undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.5AIn sub-paragraph (5)(a) above “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011; and the reference to the provision of a universal postal service shall be construed in accordance with that Part.6For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (5)(d) above, to the persons carrying on the undertaking is a reference to the airport operator. Protection for statutory powers and jurisdiction2Nothing in any provision of this Act conferring power on a relevant undertaker to carry out any works shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by paragraph 1 above. Special protection for certain undertakings in respect of street works31Subject to the following provisions of this paragraph and without prejudice to the other provisions of this Schedule, the powers under the street works provisions to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—ais under the control or management of, or is maintainable by, railway undertakers or a navigation authority; orbforms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.2Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by the street works provisions for the carrying out of emergency works, within the meaning of Part III of the New Roads and Street Works Act 1991.3A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.4Any dispute—aas to whether a consent for the purposes of sub-paragraph (1) above should be given or withheld; orbas to whether the conditions to which any such consent is made subject are reasonable,shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.5If any relevant undertaker contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.6The restrictions contained in paragraphs (1) to (5) of section 32 of the Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by the street works provisions—aas they apply in relation to the powers mentioned in that section; andbas if references in that section to a tramway included references to a trolley vehicle system.7In this paragraph “the street works provisions” means so much of sections 158, 161 and 162 of this Act as relates to powers exercisable in relation to streets.8Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (2) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph). Protection for <Substitution ChangeId="key-77ee571f58db43d8585087c886fa718e-1621020372192" CommentaryRef="key-77ee571f58db43d8585087c886fa718e">electronic communications networks</Substitution> 4 Part 10 of Schedule 3A to the Communications Act 2003 (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply to every relevant undertaker for the purposes of any works carried out by that undertaker in exercise of any of the powers conferred by any enactment ...Part II FURTHER PROTECTIVE PROVISIONS IN RESPECT OF SEWERAGE POWERS Protection for dock undertakers51Subject to the provisions of this paragraph, nothing in the relevant sewerage provisions shall authorise a sewerage undertaker, without the consent of the dock undertakers concerned—ato interfere with any river, canal, dock, harbour, basin, lock or reservoir so as injuriously to affect navigation thereon or the use thereof or the access thereto, or to interfere with any towing path, so as to interrupt the traffic thereon;bto interfere with any bridges crossing any river, canal, dock, harbour or basin;cto carry out any works in, across or under any dock, harbour, basin, wharf, quay or lock, or any land which belongs to dock undertakers and is held or used by them for the purposes of their undertaking;dto carry out any works which will interfere with the improvement of, or the access to, any river, canal, dock, harbour, basin, lock, reservoir, or towing path, or with any works appurtenant thereto or any land necessary for the enjoyment or improvement thereof.2For the purposes of this paragraph dock undertakers shall be deemed to be concerned with any river, canal, dock, harbour, basin, lock, reservoir, towing path, wharf, quay or land if—ait belongs to them and forms part of their undertaking; orbthey have statutory rights of navigating on or using it or of demanding tolls or dues in respect of navigation thereon or the use thereof.3A consent under this paragraph shall not be unreasonably withheld.4Any dispute as to whether or not consent under this paragraph is unreasonably withheld shall be referred, if either party so require, to the arbitration of a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.5Upon an arbitration under this paragraph, the arbitrator shall determine—awhether any works which the sewerage undertaker proposes to carry out are such works as under this paragraph the undertaker is not entitled to carry out without the consent of any dock undertakers;bif they are such works, whether the injury, if any, to the undertakers will be of such a nature as to admit of being fully compensated by money; andcif the works are of such a nature, the conditions subject to which the sewerage undertaker may carry out the works, including the amount of the compensation (if any) to be paid by the sewerage undertaker to the dock undertakers.6The sewerage undertaker in question shall not proceed to carry out any proposed works if, on an arbitration under this paragraph, the arbitrator determines—athat the proposed works are such works as the sewerage undertaker is not entitled to carry out without the consent of the dock undertakers; andbthat the works would cause injury to the dock undertakers of such a nature as not to admit of being fully compensated by money,but, in any other case, the sewerage undertaker may carry out the works subject to compliance with such conditions, including the payment of such compensation, as the arbitrator may have determined.7Nothing in this paragraph shall be construed as limiting the powers of a sewerage undertaker under this Act in respect of the opening and the breaking up of streets and bridges for the purpose of constructing, laying and maintaining sewers, drains and pipes. Protection for airports, railways etc.61Subject to the provisions of this paragraph, nothing in the relevant sewerage provisions shall authorise a sewerage undertaker, without the consent of the Civil Aviation Authority or, as the case may be, of the airport operator or railway undertakers concerned, to carry out any works along, across or under—aany property of the Civil Aviation Authority;ban airport to which Part V of the Airports Act 1986 applies; orcany railway of any railway undertakers.2Sub-paragraphs (3) to (7) of paragraph 5 above shall apply for the purposes of this paragraph as they apply for the purposes of sub-paragraph (1) of that paragraph but as if references to the dock undertakers were references, as the case may require, to the Civil Aviation Authority, to the relevant airport operator or to the railway undertakers. Saving for Part I and other powers7The provisions of this Part of this Schedule are without prejudice to the provisions of Part I of this Schedule or to any power conferrred on a sewerage undertaker otherwise than by the relevant sewerage provisions.SCHEDULE 14 MINERAL RIGHTSSection 188. Acquisition of mineral rights11This paragraph applies in each of the following cases, that is to say—awhere a relevant undertaker acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); andbwhere a relevant undertaker carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.2Subject to sub-paragraph (3) below, a relevant undertaker shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the relevant undertaker unless express provision to the contrary is contained—awhere the land vests in the relevant undertaker by virtue of a conveyance, in the conveyance; orbwhere the land is acquired by the relevant undertaker in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.3A relevant undertaker shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purposes of constructing, making, erecting or laying any part of its undertaking. Notice required for the working of underlying mines21If the owner of any mines or minerals underlying any part of a relevant undertaker’s undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the relevant undertaker.2On receipt of a notice under sub-paragraph (1) above the relevant undertaker may cause the mines or minerals to be inspected by a person designated by it for the purpose.3Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the relevant undertaker—aconsiders that the working of the underlying mines or minerals is likely to damage any part of its undertaking;bis willing to compensate the owner of the mines or minerals for the restriction imposed by virtue of this sub-paragraph; andcserves notice to that effect on the owner of the mines or minerals before the end of the period of thirty days mentioned in sub-paragraph (1) above,the owner shall not work the mines or minerals except to such extent as may be determined by the relevant undertaker, and the relevant undertaker shall so compensate the owner.4Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Upper Tribunal.5If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the relevant undertaker, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question.6If any damage to the undertaking of a relevant undertaker is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of its undertaking—athe owner of the mines or minerals shall, at his own expense, forthwith repair the damage; andbthe relevant undertaker may, without waiting for the owner to perform his duty, repair the damage and may recover the expenses reasonably incurred by it in doing so from the owner. Mining communications31If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the relevant undertaker in question.2Communication works cut or made under this paragraph—ashall not, in a case where—ithe part of the undertaking in question was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the relevant undertaker in pursuance of any powers of compulsory acquisition; andiithe order authorising the works or acquisition designates dimensions or sections for the communication works,exceed those dimensions or fail to conform to those sections; andbin any other case, shall not be more than 2.44 metres high or more than 2.44 metres wide.3Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking.4Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the relevant undertaker shall pay full compensation to him for the loss or damage.5Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines.6In this paragraph “communication works” means airways, headways, gateways or water levels. Compensation relating to severance41Where mines or minerals underlying any part of a relevant undertaker’s undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the relevant undertaker shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of—athe severance by the undertaking of the land lying over the mines;bthe interruption of continuous working of the mines in consequence of paragraph 2(3) above;cthe mines being so worked in accordance with restrictions imposed by virtue of this Act or any order made under this Act,and shall pay for any minerals not purchased by the relevant undertaker which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the relevant undertaker’s undertaking.2Any dispute as to whether any sum should be paid under this paragraph or as to the amount payable shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant undertaker and the owner of the mines or minerals or, in default of agreement, by the Secretary of State. Powers of entry51Any person designated in writing for the purpose by a relevant undertaker may, for any purpose specified in sub-paragraph (2) below—aenter on any land in which the mines or minerals are, or are thought to be, being worked, and which is in or near to the land where any part of that undertaker’s undertaking is situated; andbenter the mines and any works connected with the mines.2The purposes mentioned in sub-paragraph (1) above are—acarrying out any inspection under paragraph 2(2) above;bascertaining whether any mines or minerals have been worked so as to damage the undertaking of the relevant undertaker in question; andccarrying out any works and taking any other steps which the relevant undertaker in question is authorised to carry out or take under paragraph 2(6) above.3A person authorised to enter any premises under this paragraph may—amake use of any equipment belonging to the owner of the mines or minerals in question; andbuse all necessary means for discovering the distance from any part of the undertaking of the relevant undertaker to the parts of the mines or the minerals which are, or are about to be, worked.4Part II of Schedule 6 to this Act shall apply to the rights and other powers conferred by this paragraph. No exemption for injury to mines and minerals6Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting a relevant undertaker from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein. Interpretation71In this Schedule—“conveyance” has the same meaning as in the Law of Property Act 1925;“designated distance”, in relation to any part of a relevant undertaker’s undertaking, means, subject to sub-paragraph (6) below, thirty-seven metres;“mines” means mines of coal, ironstone, slate or other minerals;“owner”, in relation to mines and minerals, includes a lessee or occupier; and“underlying”, in relation to any part of the undertaking of a relevant undertaker, means lying under, or within the designated distance from, that part of that undertaking.2For the purposes of this Schedule the undertaking of a relevant undertaker shall be taken to consist of so much of any of the following as is for the time being vested in or held by that undertaker for the purposes of, or in connection with, the carrying out of any of its functions, that is to say—aany buildings, reservoirs, wells, boreholes or other structures; andbany pipes or other underground works particulars of which fall or would fall to be incorporated in any records kept under section 198 or 199 of this Act.3References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals.4For the purposes of this Schedule land shall be treated as acquired by a relevant undertaker in pursuance of powers of compulsory acquisition if it—awas so acquired by a water authority established under section 2 of the Water Act 1973 or any predecessor of such a water authority or by a predecessor of a statutory water company; andbis now vested in that undertaker in accordance with a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to this Act or otherwise.5In relation—ato any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition; orbto any land acquired by a statutory water company before 1st September 1989 in pursuance of any such powers,references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before 1st September 1989 had effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.6For the purposes of this Schedule where—aany part of a relevant undertaker’s undertaking was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the relevant undertaker in pursuance of any powers of compulsory acquisition; andbthe order authorising the works or acquisition designates any distance for the purposes of any enactment relating to mines or minerals underlying that part of the undertaking,then for the purposes of this Schedule that distance shall be the designated distance in relation to that part of the undertaking, instead of the distance specified in sub-paragraph (1) above.SCHEDULE 15 DISCLOSURE OF INFORMATIONPart I PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE

Any Minister of the Crown.

...

The CMA

The Office of Communications

The Civil Aviation Authority.

The Director General of Gas Supply.

The Director General of Electricity Supply.

The Office of Rail and Road.

The National Association of Citizens Advice Bureaux.

A local weights and measures authority in England and Wales.

...

 Part II ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE

The Trade Descriptions Act 1968.

The Fair Trading Act 1973.

The Consumer Credit Act 1974.

. . ..

. . ..

The Estate Agents Act 1979.

The Competition Act 1980.

The Telecommunications Act 1984.

The Airports Act 1986.

The Gas Act 1986.

The Consumer Protection Act 1987.

The Electricity Act 1989.

The Railways Act 1993

The Competition Act 1998

Part I of the Transport Act 2000.

The Enterprise Act 2002.

The Communications Act 2003.

The Railways Act 2005.

The Consumers, Estate Agents and Redress Act 2007.

Part 1 of the Civil Aviation Act 2012.

. . .

...

Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.

Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

The following provisions of the Digital Markets, Competition and Consumers Act 2024— a Part 3;b Chapter 1 of Part 4;c Chapter 2 of Part 5.

SCHEDULE 16<Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">PROCEDURE ON APPEALS UNDER SECTION 207A</Addition><Emphasis><Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">Regulations as to procedure</Addition></Emphasis>1The Secretary of State may by regulations make provision about the procedure applying to appeals under section 207A.<Emphasis><Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">Particular provision</Addition></Emphasis>2Regulations under this Schedule may in particular make provision about—amaking an application for permission to bring an appeal;bimposing 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);cthe persons who may be party to an appeal;dmaking an application for permission to be made party to an appeal;eimposing conditions on the granting of permission to become party to an appeal;fenabling a member of the CMA to make decisions as to the matters referred to in paragraphs (a), (b), (d) and (e);genabling a member of the CMA to direct, pending the determination of the appeal, that the code in question—iis to have effect without the revision, oriiis to have effect with the revision but with modifications specified by the direction;hthe number of persons in a group constituted to hear an appeal;ithe making of a decision by the group;jthe 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);kthe imposing of time limits (including provision for time limits to be waived in certain cases by a member of the CMA);lorders for costs;mthe recovery of the CMA's costs.<Emphasis><Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">Consideration and determination of appeals</Addition></Emphasis>31Regulations under this Schedule may make provision about—athe consideration and determination of the appeal;bgiving effect to the determination.2Provision under sub-paragraph (1)(a) may include in particular—aprovision for disregarding, when determining an appeal, matters not raised as required by the regulations;bprovision as to the time within which an appeal is to be determined.<Emphasis><Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">Evidence</Addition></Emphasis>41Regulations under this Schedule may make provision about—arequiring the production of documents;brequiring persons to attend an oral hearing;crequiring persons attending an oral hearing—ito give evidence at the hearing;iito make representations and observations;drequiring persons—ito produce a written statement;iito verify the statement by a statement of truth.2No person is to be compelled under the regulations—ato produce a document that the person could not be compelled to produce in civil proceedings in the High Court;bto give evidence which the person could not be compelled to give in civil proceedings in the High Court;cto 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.3The 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.51Regulations under this Schedule may provide for penalties to be imposed where—aa person fails without reasonable excuse to comply with a requirement imposed in accordance with regulations under paragraph 4;bhaving been required to produce a document in accordance with paragraph 4, a person wilfully alters, suppresses or destroys the document;chaving 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;dhaving 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.2The 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.3The 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).4The regulations may provide for conduct falling within sub-paragraph (1)(b) to be an offence triable either summarily or on indictment.5The regulations may provide for such an offence to be punishable—aon summary conviction, by a fine not exceeding the statutory maximum;bon conviction on indictment, by imprisonment for a term not exceeding two years or by a fine, or by both.<Emphasis><Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">Appeal rules</Addition></Emphasis>61The CMA may make rules regulating the conduct and disposal of appeals.2The rules may include provision supplementing regulations made under this Schedule; and that provision may, in particular, impose time limits or other restrictions on—athe taking of evidence at an oral hearing;bthe making of representations or observations at such a hearing.3The 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.4Before making rules under this paragraph, the CMA must consult such persons as it considers appropriate.5Rules under this paragraph may make different provision for different cases.<Emphasis><Addition ChangeId="key-db6a5be95833767248ed1b6338a69734-1613246411394" CommentaryRef="key-db6a5be95833767248ed1b6338a69734">Interpretation</Addition></Emphasis>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.Table of Derivations

Notes:

1. The following abbreviations are used in this Table:—

1936 =The Public Health Act 1936 (c. 49)
1937 =The Public Health (Drainage of Trade Premises) Act 1937 (c. 40)
1945 =The Water Act 1945 (c. 42)
1948 =The Water Act 1948 (c. 22)
1961(F) =The Factories Act 1961 (c. 34)
1961 =The Public Health Act 1961 (c. 64)
1963(L) =The London Government Act 1963 (c. 33)
1973 =The Water Act 1973 (c. 37)
1974 =The Control of Pollution Act 1974 (c. 40)
1977 =The Criminal Law Act 1977 (c. 45)
1980 =The Highways Act 1980 (c. 66)
1981 =The Water Act 1981 (c. 12)
1981(SC) =Senior Courts Act 1981
1982(CA) =The Civil Aviation Act 1982 (c. 16)
1982(CJA) =The Criminal Justice Act 1982 (c. 43)
1985(LG) =The Local Government Act 1985 (c. 51)
1985 =The Water (Fluoridation) Act 1985 (c. 63)
1986(AA) =The Airports Act 1986 (c. 31)
1986(GA) =The Gas Act 1986 (c. 44)
1989 =The Water Act 1989 (c. 15)
1989(EA) =The Electricity Act 1989 (c. 29)
1990(FS) =The Food Safety Act 1990 (c. 16)
1990(EP) =The Environmental Protection Act 1990 (c. 43)
1991(NR) =The New Roads and Street Works Act 1991 (c. 22)
R: (followed by a number) =The recommendation so numbered as set out in the Appendix to the Report of the Law Commission (Cm. 1483).

2. The functions originally vested in the Minister of Health under 1936 and 1937 have become vested in the Secretary of State as a result of the following transfer of functions orders (“TFOs”): SI 1951/142; SI 1951/1900; SI 1965/319; 1970/1681. Other TFOs, where applicable in relation to a provision re-enacted in this Bill, are specified at the appropriate place in column 2 of this Table.

3. General provisions contained in section 32 of the Magistrates’ Courts Act 1980 (c. 43) and section 46 of the Criminal Justice Act 1982 (c. 48) provide, respectively, for the maximum fine on summary conviction of an either way offence to be the statutory maximum and for a reference to the amount of the maximum fine to which a person is liable in respect of a summary offence to become a reference to a level on the standard scale. Where the effect of one of these enactments is consolidated it is not referred to separately in column 2 of this Table.

Provision of ActDerivation
11989 s. 5.
21989 s. 7(1)–(4).
31989 ss. 8(1)–(3), (5)–(7) & 20(8)(a)(i) & (c).
41989 ss. 9 & 20(8)(a)(i) & (c); 1990(EP) Sch 9 para 17(2).
51989 s. 10; 1990(EP) Sch 9 para 17(3).
61989 s. 11(1)–(3), (5) & (8).
71989 ss. 11(4)(part), (6) & (7) & 12 (2).
81989 s. 13(1), (2)(part), (3), (5) & (7).
9
(1)1989 s. 13(2)(part).
(2)1989 s. 13(4).
(3) & (4)1989 s. 12(3) & (4).
(5)1989 s. 12(4) & (6).
101989 s. 13(6).
111989 s. 14(1), (3) & (8)–(10).
121989 s. 14(2), (6) & (7).
131989 s. 15.
141989 s. 16.
151989 s. 17.
161989 s. 18.
171989 s. 19.
181989 s. 20(1)–(4) & (7)–(10).
191989 s. 20(5), (6) & (8).
201989 s. 21.
211989 s. 22(1)–(3).
221989 s. 22(4)–(8).
231989 s. 23(2), (3), (8) & (9).
241989 s. 23(1), (4)–(7) & (9).
251989 s. 24(2).
261989 ss. 24(1) & 23(9).
271989 s. 26.
281989 s. 6.
291989 s. 27(1), (3) & (4).
301989 s. 27 (2).
311989 s. 28.
321989 s. 29(1), (3) & (4).
331989 s. 29(3), (5), (6) & (10).
341989 s. 30(1)–(5).
351989 ss. 29(2), (8) & (9) & 30(6).
361989 s. 12(1), (5) & (6).
371989 ss. 37 & 38(6).
381989 s. 38(1)–(3).
391989 s. 38(4).
401989 s. 39.
411989 s. 40(1) & (2) & (6)–(8).
421989 s. 41(1), (2) & (8)–(10).
431989 s. 41(3)–(7) & (9).
441989 s. 40(3)–(5) & (8).
451989 ss. 42(1),(2) & (5), 44(1), (4) & (5) & 176.
461989 ss. 42(3)–(5) & 44(1) & (4)–(6).
471989 s. 43(1) & (2).
481989 s. 43(3).
491989 s. 43(4)–(6).
501989 s. 43(7).
511989 ss. 42(6), 44(2), (3) & (7) & 176.
521989 s. 45(1)–(5).
531989 s. 45(6).
541989 s. 45(7) & (8).
551989 ss. 46(1)–(3), (7)–(9) & 49(1)(part).
561989 s. 46(4)–(6).
571989 s. 47(1), (2), (4)–(9) & (11).
581989 s. 47(3) & (6)–(11).
591989 s. 48.
601989 s. 49(1)–(3).
611989 s. 49(1) & (4)–(6).
621989 s. 49(1) & (7).
631989 s. 49(8) & (9).
641989 s. 50.
651989 s. 51(1)–(4) & (7)–(9).
661989 s. 51(5), (6) & (10).
671989 s. 65.
681989 s. 52; 1990(FS) s. 55(2).
691989 s. 53; 1990(FS) s. 55(2).
701989 s. 54.
711945 s. 14(9), (10) & (12); 1948 s. 5(4); 1977 Sch 6; 1989 Sch 25 para 7(1).
721945 s. 21(1), (3) & (4); 1989 Sch 25 para 7(4)(a) & (d); R: 21.
731989 s. 61.
741989 s. 62(1)–(4), (6) & (7) & Sch 26 para 19.
751989 s. 63.
761945 s. 16(1)–(4); 1977 Sch 6; IA s. 17; 1989 Sch 25 para 7(3)(a)–(c).
771989 s. 56(1) & (4)–(6).
781989 s. 56(2) & (3); 1990(FS) s. 55(3).
791989 ss. 55 & 56(2)(part).
801989 ss. 57 & 164(3); 1990(FS) s. 55(4).
811989 s. 58(1)–(4).
821989 s. 58(5)–(10).
831989 s. 164.
841945 ss. 21(2) & (2A), 53 & 59; 1963(L) Sch 11 Pt I para 27; 1989 ss. 59(2) & 62(4) & Sch 25 para 7(4)(b) & (c).
851989 s. 59(1), (4) & (5).
861989 s. 60(1)–(4) & (6).
871985 ss. 1 & 5; 1989 Sch 25 para 73.
881985 ss. 2 & 5; 1989 Sch 25 para 73.
891985 ss. 4 & 5; 1989 Sch 25 para 73.
901989 s. 172.
91Introduces Sch 7.
921989 s. 171.
931989 ss. 66 & 164(3) & Sch 19 para 11; 1990(FS) s. 55(5) & (6).
941989 ss. 67 & 68(6).
951989 s 68(1)–(3).
961989 s. 68(4).
971989 s. 73 & Sch 25 para 3.
981989 s. 71(1)–(3), (7) & (8).
991989 s. 72(1), (2) & (8)–(10).
1001989 s. 72(3)–(7) & (9).
1011989 s. 71(4)–(6) & (9).
1021936 s. 17(1), (2) & (4)–(6); 1973 s. 14; 1989 Sch 8 para 1.
1031936 s. 17(7)–(9); 1973 s. 14; 1989 Sch 8 para 1; R: 1.
1041936 s. 18(1)–(4); 1973 s. 14; 1989 s. 176 and Sch 8 paras 1 & 2(1).
1051936 ss. 17(3) & 18(4)–(6); 1973 s. 14; 1989 s. 176 and Sch 8 paras 1 & 2(1).
1061936 ss. 34(1) & (3) , 303–302 & 343(1)(part); 1961(F) s. 184 & Sch 6 para 1; 1973 s. 14 & Sch 8 para 37; 1989 Sch 8 paras 1 & 2(6)(a).
1071936 ss. 36 & 291–294; 1973 s. 14; 1974 Sch 2 para 9; 1982(CJA) s. 38; 1989 Sch 8 paras 1 & 2(7).
1081936 s. 34(2) & (4); 1973 s. 14; 1989 Sch 8 paras 1 & 2(6)(b).
1091936 ss. 34(5) & 291–294; 1973 s. 14; 1974 Sch 2 para 8; 1982(CJA) s. 38; 1989 Sch 8 paras 1.
1101989 s.70(3)–(5).
1111936 ss. 27, 297 & 343(1)(part); 1974 Sch 2 para 7.
1121936 s. 19; 1989 Sch 8 para 2(2).
1131936 ss. 42, 90(1)(part) & 300–302; 1973 s. 14; 1974 s. 43(6); 1989 Sch 8 paras 1 & 5(1)(a).
1141936 ss. 48 & 343(1)(part); 1973 Sch 8 para 39; 1989 Sch 8 para 1.
1151936 s. 21; 1973 s. 14; 1980(H) Sch 24 para 4(b); 1985(LG) Sch 4 para 47; 1989 Sch 8 paras 1 & 2(3).
1161936 s. 22; 1973 s. 14; 1989 Sch 8 paras 1 & 2(4).
1171936 ss. 30, 31, 90(5), 283 & 343(1); 1963(L) Sch 11 Pt I paras 1 & 24(b); 1973 s. 14; 1989 ss. 71(2) & (9), 72(7)(part) & Sch 8 para 1.
1181937 ss. 1 & 2(5) & (5A); 1961 s. 69(1); 1973 s. 14; 1989 Sch 8 paras 1 & 3(1)(c); R: 2.
1191937 s. 2(1); 1973 s. 14; 1989 Sch 8 paras 1 & 3(1)(a).
1201989 Sch 9 paras. 1(1),(2), (4) & (5), 5 & 9.
1211937 ss. 2(3), (5) & (5A) & 14(1); 1961 ss. 1(3) & 59; 1973 s. 14; 1989 Sch 8 paras 1 & 3(1)(b) & (c).
1221937 s. 3; 1961 ss. 61 & 66(2); 1973 s. 14; 1989 Sch 8 paras 1 & 3(2) & (3).
1231989 Sch 9 para 1(3)–(6).
1241961 s. 60(1)–(4), (6) & (8); 1973 s. 14; 1989 Sch 8 para 1.
1251974 s. 45(1)–(3); 1989 Sch 8 para 5(3).
1261961 s. 60(5)–(7) & 66(2); 1973 s. 14; 1974 s. 45(4); 1989 Sch 8 paras 1 & 4(2) & (4) & 5(3) & (4).
1271989 Sch 9 para 2.
1281961 s 62; 1973 s. 14; 1989 Sch 8 paras 1 & 4(2).
1291936 s. 90(5); 1937 ss. 7(1) & (2) & 14(2); 1973 s. 14; 1989 Sch 8 para 1; R: 2.
1301989 Sch 9 para 1(1), (4) & (5) & 5.
1311989 Sch 9 para 2.
1321989 Sch 9 paras 3, 4(3) & 7.
1331989 Sch 9 para 4 & 5.
1341989 Sch 9 para 6.
1351989 Sch 8 paras 3(4) & 4(3).
1361961 s. 67(1).
1371961 s. 66(1); 1981(SC) Sch 5.
1381989 s. 74; 1990(EP) Sch 15 para 28.
1391961 s. 64; TFOs: SI 1965/319; SI 1970/1681.
140Introduces Sch 8.
1411936 s. 283; 1937 ss. 13 & 14(1); 1961 ss. 1(3) & 63(1); 1973 s. 14; 1989 Sch 8 paras 1 & 4(5) .
1421989 s. 75.
1431989 s. 76.
1441989 s. 77 & Sch 26 para 16(10).
1451989 s. 80.
1461989 s. 79.
1471989 s. 81.
1481989 Sch 10 para 2(1)–(3) & (5) & 5.
1491989 s. 78(2) & (3).
1501989 s. 82.
1511944 (c. 26) s. 1(1), (4) & (5); 1955 (c. 13) s. 1; 1971 (c. 49) s. 1; 1989 Sch 25 paras 6 & 21; TFOs: SI 1951/142; SI 1951/1900; SI 1965/319; SI 1970/1681.
1521989 s. 170(7).
1531989 s. 25.
1541989 s. 184.
1551989 s. 151.
1561989 s. 152; 1990(EP) Sch 8 para 8 & Sch 9 para 17(4).
1571989 ss. 158 & 186.
1581989 Sch 19 paras 1(1) & 2(1)–(3), (7) & (8).
1591989 Sch 19 paras 1(1) & 4.
1601936 ss. 275 & 291–294; 1945 Sch 4; 1973 s. 14; 1989 Sch 8 para 1.
1611989 s. 154 & Sch 19 paras 1(2), 2(1)(c) & (d) & 4(1)(c) & (d).
1621989 Sch 10 paras 1(1)–(3), (5) & (7) & 5 & Sch 19 para 1(5).
1631989 Sch 19 para 5.
1641945 ss. 15, 53 & 59(1); 1963(L) Sch 11 Pt I para 27; 1972 (c. 61) s. 18(6); 1973 Sch 8 para 49; 1989 Sch 25 para 7(2).
1651989 Sch 19 paras 1(1) & 8(1), (5) & (6).
1661989 s. 176 & Sch 19 para 9(1) & (3)–(8) & Sch 26 para 43(1).
1671989 ss. 155 and 157(1).
1681989 Sch 19, para 10(1)–(3).
1691989 s. 156(1)–(5).
1701945 ss. 16(5) & 21(2); 1948 s. 6; 1989 ss. 62(4) & 64(1)–(3) & (5) & Sch 25 para 7(3)(d) & (4); 1990(FS) s. 55(2).
1711936 s. 287; 1937 s. 10; 1973 s. 14; 1974 Sch 3 para 10; 1989 Sch 8 paras 1, 2(9) & 3(7).
1721961 s. 67(2); 1989 Sch 10 para 1(1) & (4).
1731989 s. 180.
1741945 s. 35(4); 1977 s. 31(6); 1989 s. 167 & Sch 25 para 7(5)(b).
1751989 Sch 10 para 3(1) & (2).
1761989 Sch 10 paras 3(3) & (4) & 5.
1771989 Sch 10 paras 3(5) & (6) & 5.
1781936 ss. 288 & 289; 1982(CJA) ss. 35 & 38.
1791945 s. 35(2); 1989 s. 153, Sch 19 para 1(1) & Sch 25 para 7(5)(a).
180Introduces Sch 12.
1811989 s. 162(1)–(5), (10) & (11).
1821989 s. 162(6)–(10).
183Introduces Sch 13.
1841936 s. 330 & 332; 1973 s. 14; 1982(CA) Sch 2 para 1(2); 1986(AA) Sch 2 para 2; 1989 Sch 8 para 1.
1851989 s. 161.
1861936 ss. 331, 332, 334 & 339; 1973 s. 14; 1989 s. 160(4)–(7) & (9) & Sch 8 para 1.
1871936 s. 340; 1989 Sch 19 para 7; TFO: SI 1970/1537.
1881989 s. 159.
1891936 s. 276; 1973 s. 14; 1989 Sch 8 para 1.
1901989 s. 163; 1990 (c. 11) Sch 2 para 81(2).
1911989 s. 157(2)–(4).
1921936 s. 328; 1989 Sch 19 paras 1(3), (4) & (6) & 11.
1931989 s. 35.
1941989 s. 36.
1951989 s. 31.
1961937 s. 7A; 1989 Sch 8 para 3(5).
1971989 Sch 19 para 9(2) & (8).
1981989 s. 165.
1991989 s. 166(1), (2), (3)(b) & (5)–(9).
2001989 s. 166(3)(a), (4) & (8) & (9).
2011989 s. 34.
2021989 s. 32.
2031989 s. 33.
2041937 s. 9; 1973 s. 14; 1974 Sch 2 para 14; 1982(CJA) s. 38; 1989 Sch 8 para 1.
2051989 Sch 10 paras 4 & 5.
2061961 s. 68; 1989 s. 174 & Sch 9 para 8; R: 11.
2071945 s. 45; 1989 s. 175 & Sch 25 para 7(8); R: 12.
2081989 s. 170(1)–(6) & (9).
2091981 s. 6; 1986(GA) Sch 7 para 2(6); 1989 Sch 25 para 63; 1989(EA) Sch 16 para 1(5); 1990 (c. 11) para 46; 1991(NR) Sch 8 para 106.
2101989 s. 177; R: 13.
2111936 s. 298; 1973 s. 14; 1989 Sch 8 para 1.
2121989 s. 182.
2131936 s. 319; 1946 (c. 36) ss. 4(3) and 5(2); 1974 s. 104; 1989 s. 185.
2141936 ss. 283; 1937 s. 14(2); 1961 s. 1(3); 1973 s. 14; 1989 s. 189 (definition of “prescribed”) & Sch 8 paras 1, 3(7) & 4(6).
2151936 s. 318; 1989 s. 181 & Sch 8 paras 1 & 2(10).
2161989 s. 187; R: 14.
2171989s. 188.
2181989 s. 189(2) & (3); R: 21.
2191936 ss. 90(4) & 343(1)(part); 1961 s. 67(3); 1989 ss. 43(8), 77(5), 78(4), 160(3), 166(9), 167(7) & 189 & Sch 8 para 2(12), Sch 10 para 6 & Sch 19 paras 1, 3(6), 8(8) & 11; 1991(NR) Sch 8 para 116(3); R: 15 & 17–20.
2201989 s. 191(6).
2211936 s. 341; 1989 s. 192 & Sch 8 para 1; 1990 (c. 11) Sch 2 para 81(3).
2221985 s. 5(2); 1989 s. 193 & Sch 25 para 73.
Sch 11989 Sch. 3 paras 1–5.
Sch 21989 Sch 5.
Sch 31989 Sch 6.
Sch 41989 Sch 4 paras 1–5.
Sch 51989 Sch 7.
Sch 6
Pt I1936 ss. 287 & 288; 1945 s. 48; 1961(F) s. 184 & Sch 6 para 1; 1973 s. 14; 1989 Sch 8 para 1.
Pt II1989 ss. 59(3), 60(5), 62(5), 64(4) & (5), 156(6), 178 & 179, Sch 10 para 1(6), Sch 19 para 10(4) & (5) & Sch 21 para 5(4); 1991(NR) Sh 8 para 116(4).
Sch 71985 ss. 3 & 4.
Sch 81937 ss. 4(4) & 7(4) & (5); 1961 s. 63(8); 1973 s. 14; 1974 Sch 3 para 9; 1989 Sch 8 paras 1, 3(2) & (4), 4(2) & 5(2).
Sch 91989 Sch 18.
Sch 101989 Sch 24.
Sch 111989 Sch 20.
Sch 121936 ss. 278 & 303; 1973 s. 14; 1989 Sch 8 para 1, Sch 10, paras 1(2), 2(4) & 5 & Sch 19 paras 2(4)–(6), 6 & 8(2)–(4).
Sch 131936 ss. 333 & 334; 1973 s. 14; 1982(CA) Sch 2 para 1(2); 1986(AA) Sch 2 para 2; 1989 s. 160(1)–(3) & (6)–(8) & Sch 8 para 1, Sch 10 para 1(2) & Sch 19 para 2(9) & 3; 1989(EA) Sch 16 para 37; 1991(NR) Sch 8 para 116(4).
Sch 141989 Sch 21.
Sch 151989 s. 174(2)(d) & (3).
[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.]Act excluded (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 11(2), 17(2).Act extends to England and Wales; for minor variations, see s. 223(3)Act wholly in force at 1.12.1991, see s. 223(2)Act restricted (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 15(2)(a), 225(2).Act restricted (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 18(2), 225(2).S. 2(6A)(6B) inserted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. II para. 5(4) (with s. 73); S.I. 1998/2750, art. 2(1); S.I. 2000/344, art. 2, Sch.Words in s. 3(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 97 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31988 c. 4. Definition of “National Park authority” and the word “and” immediately preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.1989 c. 15. Words in s. 5(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 98 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31991 c. 57. 1991 c. 59. 1991 c. 60. S. 7(4)(bb) and word substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 40(1); S.I.1992/1, art. 3, Sch. Pt. 1S. 7(5)(6) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 40(2): S.I. 1992/1, art. 3, Sch. Pt. 1S. 7(5)(a) substituted (17.8.2000) by S.I. 2000/1842, art. 2(2)S. 8(7) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 40(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt. IWords in s. 9(3) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 40(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt.I S. 10 renumbered as s. 10(1) (1.7.1992 ) by Competition and Service (Utilities) Act 1992 (c. 43), s.42; S.I. 1992/1, art. 3, Sch. Pt. 1S. 10(2)-(5) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 42; S.I.1992/1, art. 3, Sch. Pt. 1S. 15(2) repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), Sch. 10 Pt. IV para. 13(4), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2 Sch.S. 18 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 20(3), 225(2).S. 18 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 197(6), 225(2).S. 18 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 203(5), 225(2).S. 18: power to extend conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 219(2)(a), 225(2).S. 18 extended (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 4(2).Words in s. 19(1) inserted (14.6.2000) by S.I. 2000/1297, art. 8S. 19(1)(b) restricted (14.6.2000) by S.I. 2000/1297, art. 2Words in s. 19(3) inserted (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 13(7) (with s. 73); S.I. 2000/344, art. 2 Sch.S. 19(4): functions exercisable by the Assembly concurrently with the Ministers of the Crown (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1S. 20(9): functions exercisable by the Assembly concurrently with the Ministers of the Crown (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1S. 23(1) restricted (15.11.1999) by S.I. 1999/2787, art. 41986 c. 45. 1986 c. 45. 1986 c. 45. S. 27(4): functions exercisable by the Assembly concurrently with the Ministers of the Crown (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1S. 31(4A) inserted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. II para. 5(5)(8) (with s. 73); S.I. 1997/2750, art. 2(1); S.I. 2000/344, art. 2 Sch.Words in s. 31(7) repealed (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), Sch. 10 Pt. II para. 5(5)(11), Sch. 14 Pt. I (with s. 73); S.I. 1998/2750, art. 2(1); S.I. 2000/344, art. 2 Sch.S. 31(8)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. II para. 5(5)(12) (with s. 73); S.I. 1998/2750, art. 2(1); S.I. 2000/344, art. 2 Sch.1973 c. 41. 1980 c. 21. S. 36(3)(a)(ii) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 40(5)(a), 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 36(3)(b)(ii) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 40(5)(b), 56(7), Sch.2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IPart III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).S. 37 saved (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 19(2), 225(2).S. 38(5) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 18; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt.IS. 38A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.27; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 39(1)(b) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 19(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt.IWords in s. 39(1)(c)(ii) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 19(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt. IWords in s. 39(1)(d) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 26(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt.IS. 39(1A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 26(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt. IS. 39(2)(bb) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 26(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt.IS. 39A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 28; Competition and Service (Utilities) Act. 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I1981 c. 64. Words in s. 41(2)(d)(ii) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt.IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 41980 c. 65. 1991 c. 60. 1989 c. 15. 1945 c. 42. Words in s. 45(1) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 43(1), 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 45(6A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIWords in s. 46(7) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. IIWord in s. 47(2)(b)(ii) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIS. 47(2A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIS. 47(3A)(3B) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II1986 c. 45. S. 49(3) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. IIWords in s. 52(2) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 41, 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IWOrds in s. 52(3)(a) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 20; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IWord in s. 53(2)(a)(ii) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(5); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIS. 53(2A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(5); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. IIS. 53(2A) inserted (1.9.1992) by Competition and Service (Utilitites) Act 1992 (c. 43), s. 35(5); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II1986 c. 45. S. 55 extended (01.12.1991) By Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para.8.1986 c. 45. 1961 c. 34. 1989 c. 15. S. 61(1A) inserted (30.6.1999) by 1999 c. 9, ss. 1(1), 17(2)S. 63A inserted (30.6.1999) by 1999 c. 9, ss. 2, 17(2)Words in s. 64(1) repealed (1.7.1992 ) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1, para. 21(a), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IWords in s. 64(2) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 21(b); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 64(2A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(6); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIWord in s. 65(9) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para.22; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IS. 67: ss. 67 and 77(3) (with ss. 77(4) and 213(2)) power exercised by S.I.1991/2790Words in s. 71(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 101(1)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 71(7) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 101(2) (with ss. 7(6), 115, 117): S.I. 1996/186, art. 3S. 72 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).S. 73(1A) inserted (1.7.1999) by S.I. 1999/1148, reg. 81991 c. 60. 1945 c. 42. 1989 c. 15. 1987 c. 43. S. 77(3)(4): ss. 67 and 77(3) (with ss. 77(4) and 213(2)) power exercised by S.I.1991/27901972 c. 70. S. 87: functions not to be exercised by a primary care trust (1.4.2000) by virtue of S.I. 2000/695, art. 4(1), Sch. 4Part IIIA (ss. 93A-93D) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 102 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).S. 95(5) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para.24; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IS. 95A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.31; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 96(1)(b) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 25(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IWords in s. 96(1)(c)(ii) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 25(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IWords in s. 96(1)(d) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 30(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IS. 96(1A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 30(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 96(2)(bb) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 30(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 96A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.32; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I1972 c. 70. S. 97(4A) inserted (11.7.2001 for E. and 1.4 2002 for W.) by S.I. 2001/2237, arts. 2, 27;S.I 2002/808, {art. 26(a)}S. 97(5): definitions of "executive and executive arrangements" inserted (11.7.2001 for E. and 1. 4. 2002 for W. ) by S.I. 2001/2237, arts. 2, 27: S.I. 2002/808, art. 26(b)1981 c. 64. S. 97(5): word in para. (c) in definition of “relevant area” inserted (1.10.1998) by 1998 c. 38, s. 129(2), Sch. 15 para. 17(a) (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4S. 97(5): para. (d) in definition of “relevant area” repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4S. 97(5): words in para. (b) in definition of “relevant authority” substituted (1.10.1998) by 1998 c. 38, s. 129(2), Sch. 15 para. 17(b) (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 41980 c. 65. S. 97(6) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X, Group 31981 c. 64. Words in s. 98(2)(d)(ii) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 41980 c. 65. Word in s. 98(4) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 26; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I1991 c. 60. 1989 c. 15. 1973 c. 37. Cross heading and s. 101A inserted (1.2.1996 for specified purposes and otherwise 1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 103 (with ss. 7(6), 115, 117); S.I. 1996/186, arts. 2, 3S. 101A inserted (1.2.1996 for specified purposes and otherwise 1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 103 (with ss. 7(6), 115, 117); S.I. 1996/186, arts. 2, 3S. 106(1) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 43(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IWords in s. 106(6) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(8)(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIS. 106(7) repealed (1.7.1992) and is expressed to cease to have effect (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 35(8)(b), 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, arts. 3, 4, Sch. Pts. I, IIS. 106(8) restricted (18.12.1996) by 1996 c. 61, s. 38, Sch. 10 para. 131961 c. 34. S. 107(4A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(9); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. II1936 c. 49. 1936 c. 49. 1989 c. 15. S. 111 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).1928 c. 32. Words in s. 113(4) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(11)(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIS. 113(5) repealed (1.7.1992) and is expressed to cease to have effect (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 35(11)(b), 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, arts. 3, 4, Sch. Pts. I, IIS. 113(6) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).1980 c. 66. 1936 c. 49. S. 116(4) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(12); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. IIS. 116A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 c. 43, s.33; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IS. 116A inserted (1.7.1992) by Competition ant Service (Utilities) Act 1992 (c. 43), s.33; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I1991 c. 57. Pt. 4 Ch. 3 (ss. 118-141) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).Pt. 4 Ch. 3 (ss. 118-141) modified (1.2.1996) by 1995 c. 25, s. 5 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2Pt. 4 Ch. 3 (ss. 118-141): transfer of functions (1.4.1996) by 1995 c. 25, s. 2(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 120(9)(10) substituted (1.4.1996) for s. 120(7)(8) by 1995 c. 25, s. 120(1), Sch. 22 para. 105(1)(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 121(6) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 89(a) (with s. 312(1))Words in s. 123(1)(3)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 106 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 127 substituted (1.4.1996) by 1995 c. 25, ss. 120(1), Sch. 22 para. 107 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 130(1)(2) and sidenote substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 108(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 130(7)-(9) substituted (1.4.1996) for s. 130(5)(6) by 1995 c. 25, s. 120(1), Sch. 22 para. 108(1)(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 131 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 109 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 132(1)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 132(2)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 132(7) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 110(1)(5), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 133(5)(6) substituted (1.4.1996) for s. 133(4) by 1995 c. 25, s. 120(1), Sch. 22 para. 111 (with s. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 134(1)(2)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 112(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 135A inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 113 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 138(1) substituted (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 8(a)S. 138(1A)(1B) inserted (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 8(b)Words in s. 138(4) substituted (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 8(c)1990 c. 43. 1991 c. 60. 1978 c. 30. 1989 c. 15. Words in s. 142(2) substituted (1.4.2000) by 1999 c. 9, s. 3(1); S.I. 1999/3440, art. 3S. 142(2A)(2B) inserted (1.4.2000) by 1999 c. 9, s. 3(1); S.I. 1999/3440, art. 3S. 142(3A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 114(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 143(1) inserted (23.12.1999) by 1999 c. 9, s. 4(2); S.I. 1999/3440, art. 2S. 143(3A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 114(1)(2) (with ss. 6(6), 115, 117); S.I. 1996/186, art. 3Words in s. 143(5)(a) inserted (1.4.2000) by 1999 c. 9, s. 3(2); S.I. 1999/3440, art. 3S. 143A inserted (30.6.1999 for certain purposes and 23.12.1999 otherwise) by ss. 5, 17(2); S.I. 1999/3440, art. 2S. 143A: certain functions transferred to the National Assembly for Wales (15.11.1999) by S.I. 1999/2787, art. 31971 c. 80. 1945 c. 42. S. 144A and crossheading preceding it inserted (1.4.2000) by 1999 c. 9, s. 6; S.I. 1999/3440, art. 3S. 144A and crossheading preceding it inserted (1.4.2000) by 1999 c. 9, s. 6; S.I. 1999/3440, art. 3S. 144A: certain functions transferred to the National Assembly for Wales (15.11.1999) by S.I. 1999/2787, art. 3S. 144B inserted (30.6.1999 for certain purposes and 1.4.2000 otherwise) by 1999 c. 9, ss. 7, 17(2)(f); S.I. 1999/3440, 3S. 144B: certain function transferred to the National Assembly for Wales (15.11.1999) by S.I. 1999/2787, art. 3S. 145 and the heading preceding it repealed (30.6.1999) by 1999 c. 9, ss. 8, 15(2), 17(2), Sch. 4 Pt. IWords in s. 148(1) substituted (1.4.2000) by 1999 c. 9, s. 15(1), Sch. 3, Pt. I para. 1; S.I. 1999/3440, art. 3S. 148(1A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 53(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 148(2)(c)(e) substituted (1.4.2000) by 1999 c. 9, s. 9; S.I. 1999/3440, art. 3S. 148(4A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 53(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 149 applied (with modifications) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 11(2).Words in s. 149(2)(a) substituted (1.4.2000) by 1999 c. 9, s. 15(1), Sch. 3 Pt. I para. 2; S.I. 1999/3440, art. 3S. 149(2)(aa) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 53(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 150A inserted (prosp.) by Competition and Service (Utilities) Act 1992 (c. 43), ss.36, 56(2)S. 150B and crossheading preceding it inserted (1.4.2000) by 1999 c. 9, s. 15(1), Sch. 3 Pt. I para. 3; S.I. 1999/3440, art. 3S. 150B and crossheading preceding it inserted (1.4.2000) by 1999 c. 9, s. 15(1), Sch. 3 Pt. I para. 3; S.I. 1999/3440, art. 3S. 151 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 116, Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 19); S.I. 1996/186, art. 3S. 152: certain functions exercisable concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)Part VI: saved (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4)(5), 17(2)S. 155: functions for certain purposes exercisable concurrently with the Secretary of State (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 11981 c. 67. 1981 c. 67. 1965 c. 56. 1965 c. 56. 1991 c. 57. S. 156(8): words in definition of “area of outstanding natural beauty or special scientific interest” in para. (a) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 12; S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)2000 c. 37. S. 156(8): para. (b) in definition of “area of outstanding natural beauty or special scientific interest” substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 91981 c. 69. 1988 c. 4. 1949 c. 97. S. 158 applied (with modifications) (21.7.1994) by 1994 c. xi, s. 11(2)S. 158 restricted (1.4.1996) by 1980 c. 66, s. 100(6B)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 9 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1)1991 c. 22. 1980 c. 66. S. 158(8)-(11) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 40(6); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 158(9) substituted (17.8.2000) by S.I. 2000/1842, reg. 2S. 159 applied (with modifications) (21.7.1994) by 1994 c. xi, s. 11(2)S. 159 restricted (1.4.1996) by 1980 c. 66, s. 100(6B)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 9 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1)1936 c. 49. Words in s. 161(3)(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 117 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31991 c. 57. S. 162(1)(a) substituted (1.4.2000) by 1999 c. 9, s. 10(1)(2); S.I. 1999/3440, art. 3S. 162(1A) inserted (1.4.2000) by 1999 c. 9, s.10(1)(3); S.I. 1999/3440, art. 3S. 163 restricted (1.4.1996) by 1980 c. 66, s. 100(6B)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 9 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1)1972 c. 61. S. 165 restricted (1.4.1996) by 1980 c. 66, s. 100(6B)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 9 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1)1945 c. 42. S. 167: functions for certain purposes exercised concurrently with the Secretary of State (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 11991 c. 57. S. 168 restricted (1.4.1996) by 1980 c. 66, s. 100(6B)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 9 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1)S. 169(4)(5): functions for certain purposes exercisable concurrently with the Secretary of State (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1S. 171(4)(5) repealed (1.4.1996) by 1995 c. 25, s. 111(1)(c), 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31980 c. 66. Words in s. 184(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 119 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 184(1) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(a)Word in s. 184(1)(b)(iv) omitted (21.12.2001) by virtue of S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(b)(i)S. 184(1)(b)(vi) and word “or” immediately preceding inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(b)(ii)1986 c. 31. Word in s. 184(4) omitted (21.12.2001) by virtue of S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(c)(i)S. 184(4): definition of “licence holder” and word “and” immediately preceding inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(c)(ii)1991 c. 57. 1981 c. 67. 1990 c. 8. 1989 c. 15. Words in s. 191(2)(b) substituted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. I para. 2(1) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1S. 192(3A)-(3B) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.47; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I1945 c. 42. 1945 c. 42. 1978 c. 30. 1936 c. 49. 1989 c. 15. 1991 c. 57. 1991 c. 59. 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. 31991 c. 60. S. 206 extended (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 16, 17(2).Words in s. 206(2) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 121(1), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 206(3): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 31Words in s. 206(3)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 121(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 206(3)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 121(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31989 c. 15. Words in s. 206(3)(a)(4)(a) substituted (21.3.2000) by 1999 c. 24, s. 6, Sch. 2 para. 7; S.I. 2000/800, art. 21995 c. 25. 1991 c. 57. S. 206(3)(e)(ea) substituted (1.12.2001) for s. 206(3)(e) by S.I. 2001/3649, arts. 1, 3281986 c. 45. 1974 c. 37. Words in s. 206(4)(a) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 27; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IWords in s. 206(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 121(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 206(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 121(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31990 c. 43. 1991 c. 57. 1995 c. 25. S. 206(9A) inserted (1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. IV para. 13(9) (with s. 73); S.I. 2000/344, art. 2, Sch.1991 c. 57. 1991 c. 59. 1991 c. 60. S. 207 extended (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss.16, 17(2).S. 207: functions exercised concurrently with the Ministers of the Crown (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1S. 208: certain functions exercisable concurrently with the Secretary of State (W.) (1.7.1999) by S.IO. 1999/672, art. 2, Sch. 1Words in s. 209(3)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 122 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31990 c. 8. S. 209(3)(b) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(m); S.I. 1996/218, art. 21986 c. 44. 1989 c. 29. 1991 c. 22. 1945 c. 28. 1976 c. 30. 1980 c. 58. 1978 c. 47. 1945 c. 28. S. 209A inserted (1.4.2000) by 1999 c. 11, s. 11; S.I. 1999/3440, art. 31985 c.68. S. 213 extended (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 9(2), 17(2).S. 213(2)(dd) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para.28; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.IS. 213(2A)(2B) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 52; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I1972 c. 70. Words in s. 215(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 123 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 216 extended (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(4), 17(2).1978 c. 30. Words in s. 217(2)(3)(4)(7) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 124 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31991 c. 57. 1991 c. 57. 1989 c. 15. Words in the definition of “harbour authority” in s. 219(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 89(b)1980 c. 66. 1991 c. 57. Words in the definition of “local authority” in s. 219(1) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. I para. 2(2) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3S. 219(1): definition of “the Monopolies Comismission” repealed (1.4.1999) by S.I. 1999/3434, art. 30(c)Definition of “the NRA” in s. 219(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 125(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31989 c. 15. Words in the definitions of “public authority” and “watercourse” in s. 219(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 125(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31989 c. 15. 1973 c. 37. 1991 c. 22. 1978 c. 30. 1968 c. 59. 1991 c. 22. 1950 c. 39. 1991 c. 60. 1991 c. 57. S. 221 substituted (1.12.2000) by 1995 c. 25, s. 116, 125(3), Sch. 21 Pt. I para. 1(1) (with ss. 7(6), 115, 117)1947 c. 44. 1990 c. 8. 1990 c. 8. Sch. 1 para. 1: Transfer of functions (1.4.1995) by S.I. 1995/269, arts. 1(3), 3, Sch. para. 181868 c. 37. 1925 c. 20. 1989 c. 15. 1986 c. 45. Sch. 4A inserted (30.6.1999) by 1999 c. 9, ss. 1(2), 17(2), Sch. 11960 c.62. 1968 c.52. 1984 c.24. Sch. 4A paras. 8, 9 substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 18; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions and savings in arts. 3(4)-(10), Schs. 1-3)Sch. 4A paras. 8, 9 substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 18; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions and savings in arts. 3(4)-(10), Schs. 1-3)1996 c.56. 1992 c.13. 1952 c.52. 1991 c.53. 1971 c.77. 1961 c. 34. 1991 c. 22. 1950 c. 39. Sch. 6 Pt. II para. 7 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)Sch. 6 Pt. II para. 7 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)Sch. 6 Pt. II para. 7 applied (17.2.1996) by S.I. 1996/367, art. 2(4)Sch. 6 Pt. II para. 7 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5)Sch. 6 Pt. II para. 8 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)Sch. 6 Pt. II para. 8 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)Sch. 6 Pt. II para. 8 applied (17.2.1996) by S.I. 1996/367, art. 2(4)Sch. 6 Pt. II para. 8 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5)Sch. 6 Pt. II para. 9 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)Sch. 6 Pt. II para. 9 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)Sch. 6 Pt. II para. 9 applied (17.2.1996) by S.I. 1996/367, art. 2(4)Sch. 6 Pt. II para. 9 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5)Sch. 6 Pt. II para. 10 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)Sch. 6 Pt. II para. 10 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)Sch. 6 Pt. II para. 10 applied (17.2.1996) by S.I. 1996/367, art. 2(4)Sch. 6 Pt. II para. 10 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5)Sch. 6 Pt. II para. 12 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)Sch. 6 Pt. II para. 12 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)Sch. 6 Pt. II para. 12 applied (17.2.1996) by S.I. 1996/367, art. 2(4)Sch. 6 Pt. II para. 12 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5)Sch. 6 Pt. II para. 13 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)Sch. 6 Pt. II para. 13 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)Sch. 6 Pt. II para. 13 applied (17.2.1996) by S.I. 1996/367, art. 2(4)Sch. 6 Pt. II para. 13 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5) 1985 c. 63. Words in Sch. 7 para. 2(2) substituted (1.4.1996) by 1995 c. 17 s. 2(1)(3), Sch. 1 Pt. III para. 120(4)(a)Words in Sch. 7 para. 3(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 120(4)(b)(i)Words in Sch. 7 para. 3(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 120(4)(b)(ii)1991 c. 60. 1961 c. 64. Sch. 8 para. 2 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).1974 c. 40. 1937 c. 40. 1989 c. 15. Sch. 8 para. 3 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).Sch. 8 para. 4 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).1937 c. 40. 1974 c. 40. Sch. 10 para. 5 amended (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 4(4).1991 c. 60. Sch. 11 applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. II para. 6(1)Sch. 11: functions for certain purposes exercised concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1Words in Sch. 11 para. 1(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 126 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 31965 c. 56. 1981 c. 67. 1945 c. 18 (9 & 10 Geo. 6). 1981 c. 67. 1991 c. 57. 1961 c. 33. 1961 c. 33. 1980 c. 66. 1991 c. 22. 1950 c. 39. 1961 c. 33. Words in Sch. 12 para. 4(3) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 31(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.IIWords in Sch. 12 para. 4(3) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), SCh. 1 para. 31(b); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. IISch. 12 para. 4(4) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IWords in Sch. 13 para. 1(2)(5)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 127 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in Sch. 13 para. 1(5)(a) substituted (31.10.1994) by 1994 c. 21, ss. 67(1), 68(2), Sch. 9 para. 42(a) (with s. 40(7)); S.I. 1994/2553, art. 2Words in Sch 13 para. 1(5)(a) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 88(2)1986 c. 31. Sch. 13 para. 1(5)(e) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(m); S.I. 1996/218, art. 21986 c. 44. 1989 c. 29. Sch. 13 para. 1(5)(j) inserted (31.10.1994) by 1994 c. 21, ss. 67(1), 68(2), Sch. 9 para. 42(b) (with s. 40(7)); S.I. 1994/2553, art. 2Sch. 13 para. 1(5)(k) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 14; S.I. 2001/869, art. 2Sch. 13 para. 1(5A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 88(3)Sch. 13 para. 3 applied (with modifications) (21.7.1994) by 1994 c. xi, s. 11(2)1980 c. 66. 1991 c. 22. 1870 c. 78. 1991 c. 22. 1950 c. 39. 1986 c. 31. 1925 c. 20. 1973 c. 37. 1989 c. 15. 1968 c. 29. 1973 c. 41. 1974 c. 39. Entries in Sch. 15 Pt. II repealed (1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. IV para. 13(10)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.1979 c. 38. 1980 c. 21. 1984 c. 12. 1986 c. 31. 1986 c. 44. 1987 c. 43. 1989 c. 29. Entry in Sch. 15 Pt. II inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 30; S.I. 1993/3237, art. 2(2).Entry in Sch. 15 Pt. II inserted (11.1.1999) by 1998 c. 41, s. 66(5), Sch. 10 Pt. IV para. 13(10)(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.Entry in Sch. 15 Pt. II inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 21S. 86A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 29; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 86A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 29; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. IS. 3(1)(b) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), 6, Sch. 2Words in Sch. 7 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. I para. 18(4)Words in Sch. 7 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. I para. 18(4)Words in Sch. 7 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. I para. 18(4)Words in s. 207(2) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)Words in s. 3(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 97 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 5(2) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)Word in s. 5(2) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)Act: references to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) to be construed as references 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.S. 14(7)(7A) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(4), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with savings in art. 8)Ss. 14A, 14B inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(5); S.I. 2003/1397, art. 2(1), Sch.S. 15(1A)(1B) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(6)(a); S.I. 2003/1397, art. 2(1), Sch.S. 15(3)-(3D) substituted (20.6.2003) for s. 15(3) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(6)(b); S.I. 2003/1397, art. 2(1), Sch.S. 17(1)(2) substituted (20.6.2003 for all purposes subject to art. 3(1) of the first commencing S.I. and 29.12.2004 "for water purposes") by Enterprise Act 2002 (c. 40), s. 168(9), 279, Sch. 9 para. 7(2); S.I. 2003/1397, art. 2(1), Sch.; S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)S. 17(4) substituted (20.6.2003 for all purposes subject to art. 3(1) of the first commencing S.I. and 29.12.2004 "for water purposes") by Enterprise Act 2002 (c. 40), s. 168(9), 279, Sch. 9 para. 7(3); S.I. 2003/1397, art. 2(1), Sch.; S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)S. 31(1) ceases to have effect (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. (8)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)S. 31(2)(2A) substituted (20.6.2003) for s. 31(2) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(2); S.I. 2003/ 1397, {art. 2(1)}, Sch.S. 31(4) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(3); S.I. 2003/ 1397, {art. 2(1)}, Sch.S. 31(5)(6) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(4); S.I. 2003/1397, art. 2(1), Sch.Words in s. 31(8) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(5)(b); S.I. 2003/1397, art. 2(1), Sch.Words in s. 31(8) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(1), 178, 179, Sch. 9 para. 19(5)(a), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with savings in art. 10)S. 31(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(1), 278, 279, Sch. 9 para. 19(7), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with savings in art. 10)Ss. 32-35 substituted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(1), 279; S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)Ss. 32-35 substituted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(1), 279; S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)Ss. 32-35 substituted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(1), 279; S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)Ss. 32-35 substituted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(1), 279; S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)Words in s. 36(1) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 8(b); S.I. 2003/1397, art. 2(1), Sch.Words in s. 36(3)(b)(i) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(2)(a), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)S. 36(4): definition substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(2)(b), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)Words in s. 36(1) ceased to have effect (29.12.2004) and repealed (prosp.) by Enterprise Act 2002 (c. 40), ss. 168(9), 278, 279, Sch. 9 para. 8(a), Sch. 26; S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)S. 201(4) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(9); S.I. 2003/1397, art. 2(1), Sch.Words in s. 206(9A) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(10)(b); S.I. 2003/1397, art. 2(1), Sch.Words in Sch. 4A para. 13 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(p), 162(2); S.I. 2003/1, art. 2, Sch.Sch. 4ZA inserted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6; S.I. 2004/3233, art. 2, Sch. (with transititonal provisions and savings in arts. 3-5)Sch. 15 Pt. 2: entry inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(12)(b); S.I. 2003/1397, art. 2(1), Sch.S. 1 repealed (1.4.2006) by Water Act 2003 (c. 37), ss. 34(4), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/2714, art. 4(a)(g)(i) (with Sch. para. 8)S. 1A inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 34(1), 105(3); S.I. 2005/2714, art. 4(a) (with Sch. para. 8)S. 2(2A)-(2E) substituted (1.4.2005) for s. 2(2) by Water Act 2003 (c. 37), ss. 39(3), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)S. 2(3)(4) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 39(4), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)S. 2(5A) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 39(5), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)S. 2(6)(a)(b) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 39(6), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)Words in s. 2(6A) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 39(7), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)Words in s. 2(6B) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 39(8), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)S. 2(7) added (1.4.2005) by Water Act 2003 (c. 37), ss. 39(9), 105(3); S.I. 2005/968, art. 2(f) (with savings in art. 4, Schs. 1, 2)Words in s. 3(2)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 82, 105(3); S.I. 2004/641, art. 3(u) (with art. 6, Sch. 3)S. 6(5A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 3; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 12(3A)-(3C) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 54(2), 105(3); S.I. 2004/2528, art. 2(h) (with art. 4, Sch.)S. 12(3)(b)(i) repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 54(3), 105(3), Sch. 9 Pt. 2; S.I. 2004/2528, art. 2(h)(u) (with art. 4, Sch.)S. 12(4)(5) repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 54(3), 105(3), Sch. 9 Pt. 2; S.I. 2004/2528, art. 2(h)(u) (with art. 4, Sch.)S. 14(8)(8A) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 53(3)(4), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2004/641, art. 3(k)(z)(i) (with art. 6, Sch. 3)Words in s. 14(5) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(2)(a), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4, Sch.)Words in s. 14(5) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(2)(b), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4, Sch.)Words in s. 14(5) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(2)(c), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4, Sch.)S. 16(4A)-(4C) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(3), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4)Ss. 16A, 16B inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(4), 105(3); S.I. 2004/2528, art. 2(h) (with art. 4, Sch.)S. 17(2)(a) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 16, Sch. 4 para. 10Words in s. 18(1)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(2)(a), 105(3); S.I. 2004/2528, art. 2(f) (with art. 4, Sch.)S. 18(4)(a)(ii) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(2)(b), 105(3); S.I. 2004/2528, art. 2(f) (with savings in art. 4)Words in s. 18(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)Words in s. 18(1)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)S. 18(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(3); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)Words in s. 18(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(4)(a); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)Words in s. 18(2)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(4)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)S. 18(4)(iii)(iv) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(5); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)Words in s. 18(6)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(a)(i); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)Words in s. 18(6)(a)(i) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(a)(ii); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)Words in s. 18(6)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)S. 18(8) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(7); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)S. 19(1)(aa) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 5(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 19(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 5(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 20(1)(c) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(3)(4), 105(3); S.I. 2004/2528, art. 2(f)Words in s. 20(4)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(3)(4), 105(3); S.I. 2004/2528, art. 2(f)Words in s. 20(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 20(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 20(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 20(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 22(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 7; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Ss. 22A-22F and preceding cross-heading inserted (1.10.2004 for specified purposes and otherwise 1.4.2005) by Water Act 2003 (c. 37), ss. 48(1), 105(3); S.I. 2004/2528, art. 2(e) (with savings in art. 4); S.I. 2005/968, art. 2(i) (with savings in art. 4, Sch. 1, 2)Words in s. 23(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 8(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 23(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 8(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 23(2A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 8(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 23(4) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 8(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 23(6) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 8(6); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 24(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 9(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 24(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 9(3)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 24(2)(a)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 9(3)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 24(2)(bb) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 9(3)(c); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 24(2)(e) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 9(3)(e); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 24(7) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 9(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 27(1)(a)(b) substituted (1.12.2005) for words by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 12(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 27(2)(aa) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 12(3)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 27(2)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 12(3)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 27(4)(c)(d) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 12(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 38B inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 45(1), 105(3); S.I. 2005/2714, art. 2(e) (with Sch. para. 8)S. 39(A1) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(2), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)S. 39(1): words substituted (1.4.2005) for para. (a) and preceding words by virtue of Water Act 2003 (c. 37), ss. 41(3)(a), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)S. 39(1)(b)(iii)(iv) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(3)(b), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)Words in s. 39(1)(c)(ii) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(3)(c), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)Words in s. 39(2)(a) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(4)(a), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)Words in s. 39(2)(b) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(4)(b), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)Words in s. 39(3) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(5)(a), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)Words in s. 39(3)(a) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(5)(b), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)S. 39(3)(b)(iii) and preceding word inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(5)(c), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)S. 39(4)-(8) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 41(6), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Sch. 1, 2)Word in s. 39(1)(b)(i) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 41(3)(b), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(h)(n)(i) (with savings in art. 4, Sch. 1, 2)Word in s. 39(3)(b)(i) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 41(5)(c), 105(3), 101(2), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(h)(n)(i) (with savings in art. 4, Sch. 1, 2)Words in s. 39A(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 13(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 39A(2A)(2B) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 13(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 39A(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 13(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Ss. 39B, 39C inserted (1.10.2004 for specified purposes and otherwise 1.10.2005) by Water Act 2003 (c. 37), ss. 63, 105(3); S.I. 2004/2528, art. 2(j) (with savings in art. 4); S.I. 2005/2714, art. 2(j) (with Sch. 2 para. 8)Words in s. 42(6) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 90(3)(5), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 42(7) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 90(4)(5), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 43(4)(b) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(1)(a)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 43(5) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(1)(b)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 43(8)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(1)(c)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 43(1) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 14(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 43(7) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 14(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 43A inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(2)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 44(1)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(3)(a)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 44(2)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(3)(b)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 44(3)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(3)(c)(i)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 44(3)(b) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(3)(c)(ii)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 44(4) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(3)(d)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 44(5)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 91(3)(e)(ii)(4), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 44(5) omitted (28.5.2004) and repealed (1.4.2005) by virtue of Water Act 2003 (c. 37), ss. 91(3)(e)(4), 101(2), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3); S.I. 2005/968, art. 2(n) (with savings in art. 4, Schs. 1, 2)S. 45(1A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(2)(7), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 47(2)(d)(i) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(3)(7), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Ss. 51A-51E and preceding cross-heading inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(1), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)Words in s. 52(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 15(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 52(4A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 15(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 52(6A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 15(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 55(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 16(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 55(8) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 16(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 57(4A) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 84(1), 105(3); S.I. 2004/641, art. 3(v) (with art. 6, Sch. 3)S. 58(4A) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 84(2), 105(3); S.I. 2004/641, art. 3(v) (art. 6, Sch. 3)Ss. 63AA-63AC and preceding cross-heading inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 17; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(1)(a) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(1)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(c); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(d); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 68(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(3) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(5)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(3)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(5)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 68(3A)(3B) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(6); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68(5) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(7); S.I. 2005/2714, art. 3(c) (with Sch. para. 8) S. 68: words in sidenote inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 68 cross-heading inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 69(1) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(2); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(a); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(b)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(c)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(c)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(c) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(d); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(d) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(e)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(d) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(e)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(d) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(3)(e)(iii), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(2)(e) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(f); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(3) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(4); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(4)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(a)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(4)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(a)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(4)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(b)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(4)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(4)(c) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(c); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(5) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(6)(a), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(5)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), {Sch. 8 para. 19(6)(b)(i))}; S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(5)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(5)(a) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(6)(c), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2S. 69(5)(aa) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(d); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(5)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(e)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(5)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(e)(ii); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(6)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(7)(a)(i); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 69(6)(c) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(7)(b); S.I. 2004/641, art. 3(y), Sch. 2S. 69(7) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(8); S.I. 2004/641, art. 3(y), Sch. 2Words in s. 70(1) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(2)(a); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)Words in s. 70(1) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(2)(b); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)S. 70(1A) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(3); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)Words in s. 70(3) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(4)(a); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)Words in s. 70(3) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(4)(b); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch. )Word in s. 70(3)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(4)(c); S.I. 2004/2528, art. 2(t)(iv) (with art. 4)S. 70(3A)(3B) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(5); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)Words in s. 73(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 22(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 73(1)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 22(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 74(1)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 23(a); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 74(1)(c) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 23(b); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 74(1)(d) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 23(c); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)S. 75(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 24(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 75(11)(12) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 24(3); S.I 2005/2714, {art. 3(c)} (with Sch. para. 8)Words in s. 78(1)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(2); S.I 2005/2714, {art. 3(c)} (with Sch. para. 8)S. 78(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(3); S.I 2005/2714, {art. 3(c)} (with Sch. para. 8)S. 86(1A)(1B) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(3), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)Words in s. 86(2) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(4), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)Words in s. 86(3)(a)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(5), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)Word in s. 86(4) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(6), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)S. 86(7)-(9) added (1.4.2004) by Water Act 2003 (c. 37), ss. 57(8), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)Words in s. 86(1) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 57(2), 101(2), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(z)(i) (with art. 6, Sch. 3)Words in s. 86(1)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 86(2)(a)(i) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 86(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 86(4)(c) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 86(6) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(6); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 86A(2)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(3); S.I. 2005/2714, art. 2(l)(v)(aa) (with Sch. para. 8)S. 93(1): words in definition of "private supply" inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 28; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93A(1)(2)(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 29; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93B(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93B(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(3)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93B(3)(a)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93B(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(5)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93B(5) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(6)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93B(6) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(7)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93C(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 31(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93D(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93D(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(4)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 93D(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 98(1A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(2), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 98(2A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 98(3) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 98(3) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(4), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)Words in s. 98(5)(a) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(5)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 98(5)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(5)(c), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 98(5) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 95(5)(a), 101(2), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4(b)(d)(i) (with Sch. 3 para. 7)Words in s. 99(1) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(a)(i), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 99(1) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(a)(ii), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 99(1)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(a)(iii), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 99(2A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 99(3) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(c), 105(3); S.I. 2004/641, art. 4(c) (with Sch. 3 para. 7)Words in s. 99(6) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(1)(b)(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 99(7) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(1)(c)(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 100(8)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(2), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 100A inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(3)(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 101 substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(7)(8), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 101A(2)(a) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 94(a), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4 (with Sch. 3 para. 7)Words in s. 101A(2)(c) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 94(b), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4 (with Sch. 3 para. 7)S. 101B inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(9)(10), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 102(1)(aa) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(a)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 102(2) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(b)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 102(4)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(c)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 102(5)(b) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(d)(i)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 102(5)(c) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(d)(ii)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 102(5)(d) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(d)(iii)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 102(6) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(e)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Word in s. 102(1)(a) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 96(1)(a)(3), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4(b)(d)(i) (with Sch. 3 para. 7)S. 103(1)(aa) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(2)(a)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 103(3) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(2)(b)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 103(4)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(2)(c)(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Word in s. 103(1)(a) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 96(2)(a)(3), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4(b)(d)(i) (with Sch. 3 para. 7)S. 104(1) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(a), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)Words in s. 104(2) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(b), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)Words in s. 104(5) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(c), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)S. 104(7)(8) substituted (28.5.2004) for s. 104(7) by Water Act 2003 (c. 37), ss. 96(4)(f), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)S. 104(6) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(d), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4(b)(d)(ii) (with Sch. 3 para. 7)Words in s. 105(1) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(5)(a), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 105(3) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(5)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 106(1A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(2), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 106(4): paras. (a)(b) substituted (28.5.2004) for words by Water Act 2003 (c. 37), ss. 99(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 106(5A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 106(6) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(5)(a), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 106(6)(b) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(5)(b), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)Words in s. 106(6) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(5)(c), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)Ss. 105A-105C inserted (1.4.2007) by Water Act 2003 (c. 37), ss. 98, 105(3); S.I. 2007/1021, art. 2(b)Ss. 105A-105C inserted (1.4.2007) by Water Act 2003 (c. 37), ss. 98, 105(3); S.I. 2007/1021, art. 2(b)Ss. 105A-105C inserted (1.4.2007) by Water Act 2003 (c. 37), ss. 98, 105(3); S.I. 2007/1021, art. 2(b)Words in s. 111(1)(b) substituted (1.4.2007) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 39(2)(a); S.I. 2007/1021, art. 2(d)Words in s. 111(5) substituted (1.4.2007) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 39(2)(b); S.I. 2007/1021, art. 2(d)Words in s. 116A(2)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(3); S.I. 2005/2714, art. 2(l)(v)(aa) (with Sch. para. 8)S. 148(2)(cc) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 33; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 150(2A)(2B) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 59(2), 105(3); S.I. 2004/2528, art. 2(i)S. 150(5)(a)(b) substituted (1.10.2004) for words by Water Act 2003 (c. 37), ss. 59(3), 105(3); S.I. 2004/2528, art. 2(i)S. 158(7)(b) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 158(9)(b) substituted (1.4.2005) by The Water and Sewerage Undertakers (Inset Appointments) Regulations 2005 (S.I. 2005/268), art. 2(3)Words in s. 158(7)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 36; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 159(7) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(5), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)Word in s. 162(1A)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 37(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 162(1A)(d) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 37(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 162(1B) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 37(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 163(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 38; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 171(3) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(6), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 174(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in s. 174(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(3)(a); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 174(2)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(3)(b)(i); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 174(2)(b)(ii) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(3)(b)(ii); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)S. 174(2A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(4); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 174(3)(c) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(5); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)S. 174(3A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(6); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 174(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(7)(a); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 174(4) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(7)(b); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)S. 174(5A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(8); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)S. 174(8A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(9); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 174(9) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 39(10); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 175(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 40(3); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)S. 175(3)(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 40(4); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 179(2)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(7)(a), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 179(7)(b): words in definition inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(7)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 179(2A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(4)(7), 105(3); S.I. 2004/641, art. 4(a) (with Sch. 3 para. 7)Words in s. 179(1) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 41(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 179(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 41(3); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)Words in s. 181(2)(c) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(4); S.I. 2005/2714, art. 2(l)(v)(aa) (with Sch. para. 8)Ss. 192A, 192B inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 38(1), 105(3); S.I. 2004/2528, art. 2(d) (with savings in art. 4)S. 193 repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 38(2), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2004/2528, art. 2(u)(ii) (with art. 4, Sch.)S. 194 repealed (1.10.2005) by Water Act 2003 (c. 37), ss. 38(2), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/2714, art. 2(m)(i) (with Sch. paras. 1, 10)S. 195(2)(f) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 48(2), 105(3); S.I. 2005/968, art. 2(i) (with art. 4, Schs. 1, 2)Word in s. 195(2)(d) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 48(2), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(i)(n)(i) (with art. 4, Schs. 1, 2)S. 195(2)(aa) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 195(2)(bb)(bc) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 195(2)(g) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 195(3AA) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)S. 195A inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 51, 105(3); S.I. 2005/968, art. 2(j) (with Sch. 2 para. 1)S. 198(1A)(1B) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(5)(7), 105(3); S.I. 2004/641, art. 4(a) (with Sch. 3 para. 7)Words in s. 198(4) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(5)(7), 105(3); S.I. 2004/641, art. 4(a) (with Sch. 3 para. 7)Words in s. 199(1)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(8)(a), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 199(1)(b) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(8)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Words in s. 201(1) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 43(2); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 201(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 43(3); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)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)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)Words in s. 203(7) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 45(3)(a); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)Words in s. 205(1)(a) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Word in s. 205(1)(b)(c) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Word in s. 205(1)(d) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(2)(c); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)Words in s. 205(1) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(2)(d); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)Words in s. 205(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(3)(a); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)Words in s. 205(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(3)(b); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)Words in s. 205(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(3)(c); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)S. 205(3)(4) substituted (1.12.2005) for s. 205(3) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 46(4); S.I. 2005/2714, art. 3(c), (with Sch. para. 8)S. 206 restricted (31.10.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 115, 120; S.I. 2003/2681, art. 2Words in s. 208(1)(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 48(2)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)S. 208(3A)-(3C) inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(6); S.I. 2005/2714, art. 2(l)(v) (with Sch. para. 8)S. 213(1A)(1B) inserted (18.2.2005 for E. for specified purposes, 25.2.2009 for E. in so far as not already in force, 1.2.2017 for W.) by Water Act 2003 (c. 37), ss. 58(8), 105(3); S.I. 2005/344, art. 2; S.I. 2009/359, art. 2(c) (with saving in art. 3, Sch.); S.I. 2017/88, art. 2S. 219(1): words in definition of "railway undertakers" substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 para. 15S. 219(1): words in definition of "accessories" substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 110; S.I. 2003/1900, art. 2(1), Sch. 1S. 219(10) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(9), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)S. 219(1): definition of "the Assembly" inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(7)(a); S.I. 2004/641, art. 3(y), Sch. 2S. 219(1): definition of "the Authority" inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(7)(a); S.I. 2004/641, art. 3(y), Sch. 2S. 219(1): words in definition of "customer or potential customer" inserted (1.4.2004 for specified purposes and 1.10.2004 for further specified purposes and otherwise 1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 50(2)(a); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3); S.I. 2004/2528, art. 2(t) (with art. 4); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)S. 219(1): words in definition of "water main" inserted (1.4.2004 for specified purposes and 1.10.2004 for further specified purposes and otherwise 1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 50(2)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3); S.I. 2004/2528, art. 2(t) (with art. 4); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)S. 219(4A) inserted (1.4.2004 for specified purposes and 1.10.2004 for further specified purposes and otherwise 1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 50(3); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3); S.I. 2004/2528, art. 2(t) (with art. 4); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)S. 219(1): definition of "lateral drain" inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(9)(a), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)Words in s. 219(3) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(9)(b), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)S. 219(1): words in definition of "service pipe" inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(6)(7), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)S. 219(1): words in definition of "public sewer" inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(6), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)S. 219(1): definition of "the Council" inserted (1.8.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(7)(b); S.I. 2005/968, art. 3 (with art. 4, Schs. 1, 2)S. 219(1): definition of "regional committee" inserted (1.10.2005) by Water Act 2003 (c.37), ss. 101(01), 105(3), Sch. 7 para. 27(7)(d); S.I. 2005/2714, art. 2(l) (with Sch. 2 para. 8)S. 219(1): definition of "the Director" repealed (1.4.2006) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 7 para. 27(7)(c), Sch. 9 Pt. 3; S.I. 2005/2714, art. 4(f)(g)(i) (with Sch. para. 8)Words in Sch. 2 para. 1 substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in Sch. 2 para. 1(3)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 1(3A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 1(4): words in definition of "the relevant date" inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(5)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 1(4): definition of "other relevant companies" inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(5)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 1(4): definition of "transferor" inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(5)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 2(7A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(6); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 3(7) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(7); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 4A and preceding cross-heading inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 5(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(9); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 2 para. 6(9) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(10); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in Sch. 3 para. 4(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 52(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in Sch. 3 para. 4(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 52(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in Sch. 3 para. 10(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 52(3)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Words in Sch. 3 para. 10(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 52(3)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)Sch. 3A inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 35(2), 105(3), Sch. 2; S.I. 2005/2714, art. 2(a)(i) (with Sch. para. 8)Sch. 4 repealed (1.10.2005) by Water Act 2003 (c. 37), ss. 35(4), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/2714, art. 2(a)(ii) (with Sch. para. 8)Sch. 4A para. 7 substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 58; S.I. 2004/288, art. 5(2)(v) (as amended by S.I. 2004/866, S.I. 2004/1009 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(z) (as amended by S.I. 2006/345)Words in Sch. 4A para. 13(3) substituted (4.4.2003) by The Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016), art. 3, Sch. para. 5Words in Sch. 4A para. 16 inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 119, Sch. 4 para. 90; S.I. 2004/759, art. 2Sch. 6 paras. 7-10 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}Sch. 6 paras. 7-10 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}Sch. 6 paras. 7-10 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}Sch. 6 paras. 7-10 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}Sch. 6 para. 12 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}Sch. 6 para. 13 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}Words in Sch. 12 para. 4(5) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(10), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)Sch. 13 para. 1(5)(c) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 111(2); S.I. 2003/1900, art. 2(1), Sch. 1Words in Sch. 13 para. 4 substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 111(3); S.I. 2003/1900, art. 2(1), Sch. 1Sch. 15 Pt. 1: entry substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 112(2); S.I. 2003/1900, art. 2(1), Sch. 1Sch. 15 Pt. 2: entry inserted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 112(3); S.I. 2003/1900, art. 2(1), Sch. 1Words in s. 94(1)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)S. 95B inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 45(2), 105(3); S.I. 2005/2714, art. 2(e) (with Sch. para. 8)S. 96(A1) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(2), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Words in s. 96(1) substituted (1.4.2005) for "words preceding paragraph (a), and paragraph (a)" by virtue of Water Act 2003 (c. 37), ss. 42(3)(a), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)S. 96(1)(b)(iii)(iv) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(3)(b), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Words in s. 96(1)(c)(ii) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(3)(c), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Words in s. 96(2)(a) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(4)(a), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Words in s. 96(2)(b) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(4)(b), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Words in s. 96(3) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(5)(a), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Words in s. 96(3)(a) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(5)(b), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)S. 96(3)(b)(iii) and preceding word inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 42(5)(c), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)S. 96(4)-(8) added (1.4.2005) by Water Act 2003 (c. 37), ss. 42(6), 105(3); S.I. 2005/968, art. 2(h) (with savings in art. 4, Schs. 1, 2)Word in s. 96(1)(b)(i) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 42(3)(b), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(h)(n)(i) (with savings in art. 4, Schs. 1, 2)Word in s. 96(3)(b)(i) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 42(5)(c), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(h)(n)(i) (with savings in art. 4, Schs. 1, 2)Words in s. 206(3)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(a)(ii); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 206(3)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(a)(iii); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 206(3)(j) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(a)(v)(a); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 206(3)(j) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(a)(v)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 206(4)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 206(5)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 47(4); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)Words in s. 206(3)(c) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(a)(iv); S.I. 2005/2714, art. 2(l)(v)(bb) (with Sch. 2 para. 8)Words in s. 206(4)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(b)(i); S.I. 2005/2714, art. 2(l)(v)(bb) (with Sch. 2 para. 8)Words in s. 206(3)(a) inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(5)(a)(i); S.I. 2005/2714, art. 2(I)(v)(bb) (with Sch. 2 para. 8)Words in s. 206(3)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 47(2); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)Words in s. 206(3)(c) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 47(3); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)Sch. 1 repealed (1.4.2006) by Water Act 2003 (c. 37), ss. 34(4), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/2714, art. 4(a)(g)(i) (with Sch. para. 8)Sch. 1A inserted (1.4.2006 except para. 11) by Water Act 2003 (c. 37), ss. 34(2), 105(3), Sch. 1; S.I. 2005/2714, art. 4(a) (with Sch. 2 para. 8) (which said para. 11 was repealed (1.10.2006) by 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 172, {Sch. 12}; S.I. 2006/2541, art. 2)Words in s. 88(1) substituted (25.2.2009 for E.) by Water Act 2003 (c. 37), ss. 58(3), 105(3); S.I. 2009/359, arts. 2, 3, Sch.Act: certain provisions modified (temp.) (8.3.2004) by The Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004 (S.I. 2004/641), art. 6, Sch. 3 para. 7S. 31(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 5, Sch. 2 para.4(2)(a)S. 31(3) restricted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 para. 5(1) (with s. 73); S.I. 1998/2750, art. 2(1); S.I. 2000/344, art. 2 Sch.S. 31(3) amended (1.3.2000) by 1998 c. 41, ss. 54, 66(5), Sch. 10 Pt. I para. 5(1) (with s. 73); S.I. 2000/344, art. 2 Sch.Words in s. 31(4A) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 5, Sch. 2 para. 4(2)(b)Words in s. 31(8)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 5, Sch. 2 para. 4(2)(c)Words in s. 57(2)(4) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 76(2)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2Words in s. 57(5) inserted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 76(3)(a)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2Words in s. 57(5) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 76(3)(b)}; S.I. 2004/2304, art. 2(2) (subject to art. 2); S.I. 2004/2917, art. 2S. 57(5A) inserted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 76(4)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2S. 57(10) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 54, 61,{Sch. 2}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2Words in s. 147(1) inserted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 77(a)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2Words in s. 147(1)(a) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 77(b)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2S. 147(4) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 54, 61,{Sch. 2}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2Sch. 4A para. 2(2) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270, {Sch. 15 para. 36)}; S.I. 2006/1060, art. 2(1)(d); S.I. 2006/1535, art. 2(b)Words in Sch. 4A para. 15 substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 78}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2Words in Sch. 13 para. 1(5)(f) substituted (1.9.2004) by Energy Act 2004 (c. 20), ss. 143, 198(2), Sch. 19 para. 17; S.I. 2004/2184, art. 2(2), Sch. 2Act modified (temp.) (29.3.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4, Sch. 2 paras. 3, 4Words in s. 7(5)(a)(ii) substituted (1.4.2005) by The Water and Sewerage Undertakers (Inset Appointments) Regulations 2005 (S.I. 2005/268), reg. 2(2)S. 106 applied (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 19(2)S. 192B(8) applied (with modifications) (29.9.2005) by The Water Act 2003 (Commencement No. 5, Transitional Provisions and Savings) Order 2005 (S.I. 2005/2714), art. 5, Sch. para. 2(3)S. 195A applied (1.12.2005) by The Water Supply Licence (New Customer Exception) Regulations 2005 (S.I. 2005/3076), reg. 5(3)Sch. 11 applied (with modifications) (24.3.2005) by The New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 16, Sch. 3 para. 5(1)Sch. 15 Pt. 2: entry inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 12 para. 10; S.I. 2005/1444, art. 2(1), Sch. 1Words in s. 4(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 129(2)(a); S.I. 2006/2541, art. 2Words in s. 4(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 129(2)(b); S.I. 2006/2541, art. 2Words in s. 4(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 129(3); S.I. 2006/2541, art. 2S. 106 applied (3.7.2006) by The Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), art. 10(2)S. 106 applied (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), art. 14(2)(4)S. 156(4)(c)(i)(ii) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 131(2); S.I. 2006/2541, art. 2Words in s. 156(4)(d) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 131(3)(a); S.I. 2006/2541, art. 2Words in s. 156(4)(d) substituted (1.10.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 131(3)(b); S.I. 2006/2541, art. 2S. 156(8): definition inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 131(4); S.I. 2006/2541, art. 2Word in s. 156(8) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 131(4), Sch. 12; S.I. 2006/2541, art. 2Sch. 15 Pt. 2 modified (8.2.2007 in accordance with art. 1 of amending S.I.) by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), art. 2, Sch. para. 7(3)(b)Words in Sch. 4A para. 7 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 139(a)Sch. 4A para. 12 substituted (6.4.2007) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 19; S.I. 2007/1019, art. 4 (with savings in Sch. para. 4)Words in Sch. 4A para. 16 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 139(b)Sch. 11 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W. in accordance with reg. 1) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 2, Sch. Pt. 1S. 18 extended (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 25(7), 66S. 18 extended (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 52(3), 66Words in s. 138(1A) substituted (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 20(2)S. 138(1B)(aa) inserted (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 20(4)Words in s. 138(1B)(b) substituted (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 20(5)S. 106 applied (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 15(2) (with savings in arts. 3(6), 12(3))Sch. 15 Pt. 2: entry inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 63, 66, Sch. 7 para. 10(b); S.I. 2008/2550, art. 2, Sch. (subject to art. 3)Pt. 2 Ch. 1A inserted (1.4.2004 for specified provisions and purposes and 1.8.2005 for further specified provisions and purposes and 1.10.2005 for further specified provisions and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/968, art. 3(b) (with savings in art. 4, Sch. 1, 2); S.I. 2005/2714, arts. 2(h), 3(a) (with Sch. para. 5)Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)S. 35(1): words in definition of "water enterprise" substituted (29.12.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(2); S.I. 2004/2528, art. 3 (with savings in art. 4)Ss. 37A-37D inserted (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2006 for specified provisions and further purposes and 1.4.2007 otherwise) by Water Act 2003 (c. 37), ss. 62, 105(3); S.I. 2004/2528, art. 2(j) (with art. 4); S.I. 2005/2714, art. 2(i) (with Sch. paras. 6, 8); S.I. 2006/984, art. 2(q) (with art. 3, Sch.); S.I. 2007/1021, art. 2(a)Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)S. 39B modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)S. 39C modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)Ss. 90, 90A substituted for s. 90 (18.2.2005 (E.) for specified purposes and 25.2.2009 (E.) insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(6), 105(3); S.I. 2005/344, art. 2; S.I. 2009/359, art. 2(c) (subject to art. 3, Sch.)Ss. 90, 90A substituted for s. 90 (18.2.2005 (E.) for specified purposes and 25.2.2009 (E.) insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(6), 105(3); S.I. 2005/344, art. 2; S.I. 2009/359, art. 2(c) (subject to art. 3, Sch.)Ss. 87-87C substituted for s. 87 (1.8.2008 for E. for certain purposes as regards s. 87 and 25.2.2009 for E. for all other purposes) by Water Act 2003 (c. 37), ss. 58(2)(11)-(14), 105(3); S.I. 2008/1922, art. 2(a); S.I. 2009/359, art. 2, (with saving in art. 3, Sch. 3)Ss. 87-87C substituted for s. 87 (1.8.2008 for E. for certain purposes as regards s. 87 and 25.2.2009 for E. for all other purposes) by Water Act 2003 (c. 37), ss. 58(2)(11)-(14), 105(3); S.I. 2008/1922, art. 2(a); S.I. 2009/359, art. 2, (with saving in art. 3, Sch. 3)Ss. 87-87C substituted for s. 87 (1.8.2008 for E. for certain purposes as regards s. 87 and 25.2.2009 for E. for all other purposes) by Water Act 2003 (c. 37), ss. 58(2)(11)-(14), 105(3); S.I. 2008/1922, art. 2(a); S.I. 2009/359, art. 2, (with saving in art. 3, Sch. 3)S. 88A inserted (25.2.2009 for E.) by Water Act 2003 (c. 37), ss. 58(4), 105(3); S.I. 2009/359, art. 2(b) (with saving in art. 3, Sch.)S. 89 substituted (18.2.2005 for E. for specified purposes, 1.8.2008 for E. for further specified purposes and 25.2.2009 for E. insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(5), 105(3); S.I. 2005/344, art. 2; S.I. 2008/1922, art. 2(b)(c); S.I. 2009/359, arts. 2(c) (with saving in art. 3, Sch.)Ss. 27A, 27B and preceding cross-heading inserted (1.8.2005 for specified provisions and purposes and 1.10.2005 for further specified provisions and purposes and 1.4.2006 otherwise) by Water Act 2003 (c. 37), ss. 35(1), 105(3); S.I. 2005/968, art. 3(a); S.I. 2005/2714, arts. 2(a), 4(b) (with Sch. para. 8)S. 66I(1) restricted (1.12.2005) by The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005 (S.I. 2005/3075), reg. 3S. 66J(1) restricted (1.12.2005) by The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005 (S.I. 2005/3075), reg. 4Ss. 27C-27G and preceding cross-heading inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 43(1), 105(3); S.I. 2005/2714, art. 2(c) (with Sch. 2 para. 8)The insertion of the new cross-heading "General functions of the Council" in Pt. II Chapter III gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.The insertion of the new cross-heading "General functions of the Council" in Pt. II Chapter III gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.The insertion of the new cross-heading "General functions of the Council" in Pt. II Chapter III gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.Ss. 27H-27K inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 44, 105(3); S.I. 2005/2714, art. 2(d) (with Sch. 2 para. 8)S. 28 repealed (1.10.2005) by Water Act 2003 (c. 37), ss. 35(4), 105(3), Sch. 9 Pt. 2; S. I. 2005/2714, art. 2(a)(m)S. 29 substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 46(1), 105(3); S.I. 2005/2714, art. 2(f) (with Sch. paras. 3, 8)S. 29A inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 47, 105(3); S.I. 2005/2714, art. 2(g) (with Sch. 2 para. 8)S. 30 repealed (1.10.2005) by Water Act 2003 (c. 37), ss. 46(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/2714, art. 2(f)(m) (with Sch. paras. 3, 8)Ss. 30ZA, 30ZB and preceding cross-heading inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 43(2), 105(3); S.I. 2005/2714, art. 2(c) (with Sch. 2 para. 8)S. 30A inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.34; S.I. 1992/1, art. 4, Sch. Pt. 2The insertion of the new cross-heading "Further functions of Authority" in Pt. II Chapter III gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.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 S.I. 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.)Words in s. 5(4)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 130; S.I. 2006/2541, art. 2Ss. 87-87C substituted for s. 87 (1.8.2008 for E. for certain purposes as regards s. 87 and 25.2.2009 for E. for all other purposes) by Water Act 2003 (c. 37), ss. 58(2)(11)-(14), 105(3); S.I. 2008/1922, art. 2(a); S.I. 2009/359, art. 2, (with saving in art. 3, Sch. 3)S. 35A and preceding cross-heading inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 50, 105(3); S.I. 2004/2528, art. 2(g)Words in s. 41(2)(d)(i) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 56; S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)S. 97(5): paras. (b)(ba) in definition of "relevant area" substituted (1.12.2008) for para. (b) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 57(a); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)S. 97(5): words in definition of "relevant authority" substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 57(2); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)Words in s. 98(2)(d)(i) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 58(a); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)Words in s. 98(2A)(d)(i) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 58(b); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)Words in Sch. 6 para. 11(3)(a) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 221} (with Sch. 5)Words in Sch. 11 para. 8(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 223(a)} (with Sch. 5)Word in Sch. 11 para. 8(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 223(b)} (with Sch. 5)Words in Sch. 12 para. 3(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 224(a)} (with Sch. 5)Word in Sch. 12 para. 3(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 224(b)} (with Sch. 5)Words in Sch. 12 para. 2(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 225} (with Sch. 5)Words in s. 206(3)(g) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order (S.I. 2008/960), art. 22, {Sch. 3} (with Sch. 2)S. 219(1): definition of "new towns residuary body" inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 59; S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)S. 106(8) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 40, Sch. 14 para. 16Words in Sch. 15 Pt. 2 repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations (S.I. 2008/1277), reg. 30(1)(3), Sch. 2 para. 49(a), {Sch. 4 Pt. 1} (with reg. 28(2)(3))Words in Sch. 15 Pt. 2 inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations (S.I. 2008/1277), reg. 30(1), {Sch. 2 para. 49(b)} (with reg. 28(2)(3))Word in s. 155(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I 2009/1941), art. 2(1), {Sch. 1 para. 126(2)} (with art. 10)S. 219(1): definition of "limited company" substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I 2009/1941), art. 2(1), {Sch. 1 para. 126(3)} (with art. 10)Words in Sch. 3 para. 4(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I 2009/1941), art. 2(1), {Sch. 1 para. 126(4)} (with art. 10)S. 67 applied by S.I. 2000/2531, reg. 2(2)(c) (as inserted (1.10.2009) by The Building and Approved Inspectors (Amendment) Regulations 2009 (S.I. 2009/1219), reg. 2(2)(b))Words in s. 137(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)Table of Derivations: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2Words in s. 17H(10) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(8)(a); S.I. 2015/1938, art. 3(f)(vii)Words in s. 93B(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17R(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17K(5)(b)(iv) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 21(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 174(1A)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(2)(b)(i); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93D(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 27C(1) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 41(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 101A(12)(13) inserted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(7), 94(3); S.I. 2015/1786, art. 2 (with art. 3)Words in s. 17G(3) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(5); S.I. 2015/1938, art. 3(f)(vii)S. 106 applied (30.6.2022) by The Network Rail (Essex and Others Level Crossing Reduction) Order 2022 (S.I. 2022/651), arts. 1, 16(2) (with art. 16(7))Words in s. 95B(2) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 85(b); S.I. 2017/462, art. 3(k)(x)S. 106 applied (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), arts. 1, 23(2) (with arts. 4, 9, 23(8), 51, Sch. 9)Words in s. 101A(9) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(4), 94(3); S.I. 2015/1786, art. 2 (with art. 3)S. 106 applied (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 19(2) (with art. 42(2))Words in s. 17D(3) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(4)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)S. 87B(2)(b) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(10)(b), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 76(8) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 73(b); S.I. 2017/462, art. 3(k)(viii)S. 106B inserted (1.10.2010 for specified purposes, 1.10.2012 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 42(1), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2012/2048, art. 2 (with art. 3)Words in Sch. 4A para. 12(2) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 9; S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2, Sch. 3)Words in s. 4(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 225(3) (with Sch. 7)S. 150(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 101; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 15 Pt. 1 omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 94(a) (with art. 3)S. 106 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 15(2) (with arts. 37, 38)Word in s. 203(2) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 36(3), 94(2)(j)S. 17D(6) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(6); S.I. 2017/462, art. 3(k)(iv) (with art. 11)S. 106 applied (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 19(2) (with arts. 6, 19(6), 34)Word in s. 131(3)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 30(2)(d)Words in s. 2(7) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 22A(11) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(8); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 66A(3A) inserted (E.) (31.10.2021) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(5)Words in s. 14A(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 55; S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 14B(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(3) (with art. 3, Sch. 2 para. 2)S. 206(11) inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 5Word in s. 159(2)(b) inserted (E.) (31.10.2021) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(9)(b)Words in s. 174(3A)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(5)(c)(ii); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17G(7) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(8); S.I. 2015/1938, art. 3(f)(vii)S. 45(6) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(3)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)S. 106 applied (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 12(2) (with arts. 15, 50, Sch. 11 para. 29)S. 17J(1A) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 113(6) modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)Word in s. 27(4)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 39(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 132(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(c) (with Sch. 7)Sch. 4ZA para. 2A inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(3) (with art. 3)S. 106 applied (1.8.2022) by The Northumberland Line Order 2022 (S.I. 2022/820), arts. 1, 5(2) (with Sch. 10 paras. 21, 43)S. 106 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 16(2)Words in s. 17G(1)(b) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(3)(d); S.I. 2015/1938, art. 3(f)(vii)Words in s. 206(3)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 255(2)(b) (with Sch. 7)Words in s. 17I(2)(b)(i) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 175(3)(c)(ii)(iii) substituted for s. 175(3)(c)(ii) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 11 para. 6(1)(b) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 10; S.I. 2017/75, reg. 3(g)Word in s. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 56(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 17J(12) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(12)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 17(2) (with arts. 42, 43, Sch. 12 paras. 5, 51, 91, 129, 136, 234, 345, 356)S. 200 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(4) (with reg. 1(1)(c))Words in s. 208(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 91(6) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(e)(ii), 186(6); S.I. 2022/1003, reg. 3(b)Words in s. 17D(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(9); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Words in s. 17K(6)(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 61(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 93B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 213(1) substituted (1.10.2010 for E.) by Flood and Water Management Act 2010 (c. 29), ss. 35(2), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.Word in s. 202(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 25(7) (with arts. 25(9), 62, 76, 87)Words in s. 29(5)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 45(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 131(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 243(3) (with Sch. 7)S. 106 applied (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 21(2) (with arts. 4, 21(6), 50)Word in s. 22A(1)(b)(i) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(3)(a)Words in Sch. 15 Pt. 2 omitted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 16(b); S.I. 2025/272, reg. 2(1)(14)Sch. 4A para. 10A inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 7; S.I. 2012/924, art. 2Words in s. 132(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(2) (with Sch. 7)Words in s. 2A(9) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(2)Pt. 2 Ch. 1A modified (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. 3(2) (with reg. 1(1)(c))Words in s. 2(6)(a) substituted (15.7.2015 for specified purposes, 1.9.2015 for specified purposes, 1.11.2015 for specified purposes, 18.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.9.2016 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(8)(b); S.I. 2015/1469, arts. 2(f)(i), 3(f)(i), 4(c)(i); S.I. 2015/1938, art. 2(g)(i); S.I. 2016/465, arts. 2(m), 3(g)(i), Sch. 1 para. 1(c)(iii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2016/1007, art. 2(h)(bb)(ii); S.I. 2017/462, art. 3(k)(ii)Words in s. 68(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 39C substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 53(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17D(3) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(4)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Words in s. 68(3A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 144C inserted (1.10.2010 for specified purposes, 1.1.2015 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), ss. 45(1), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2014/3155, art. 2Words in s. 174(5A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(6)(b)(i); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 38B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 50(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 17(2)S. 17DA inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 13; S.I. 2015/1938, art. 3(f)(iv)Word in ss. 16B(2)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 59(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 17F(3) repealed (14.7.2014) by Water Act 2014 (c. 21), ss. 25(3), 94(2)(f)Words in s. 61(1) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(2)(a); S.I. 2017/462, art. 3(k)(vii)Sch. 4A para. 13(2)(ba) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 10(b); S.I. 2015/778, art. 2(1)(c)Word in s. 195(2)(bc) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(2)(a); S.I. 2017/462, art. 3(k)(xviii)S. 106 applied (3.10.2018) by The A19/A184 Testo’s Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 17(2)(7) (with arts. 3(3), 5)Words in s. 10(2) substituted (1.11.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 7(2); S.I. 2016/1007, art. 2(h)(iii) (with transitional provisions (22.3.2017) in S.I. 2017/462, art. 14)S. 18 extended (20.4.2010) by The Water Supply (Water Quality) Regulations 2010 (S.I. 2010/994), regs. 1(1), 38 (with reg. 1(2)(3))S. 52(4)(ca) inserted (E.) (31.10.2021) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(4)Word in s. 27(2)(aa) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 39(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17D(11) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(10)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Words in s. 93D(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 66G(1) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 7(2); S.I. 2017/462, art. 3(i)(v)S. 106 applied (30.9.2025) by The M60/M62/M66 Simister Island Interchange Development Consent Order 2025 (S.I. 2025/1018), arts. 1, 18(2) (with arts. 5, 18(7), 34, Sch. 9)S. 106 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 21(2) (with arts. 21(7), 43, 44)Word in s. 206(4)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 92(2) (with art. 3)Words in s. 17Q(9) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 15(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Word in Sch. 4ZA para. 7 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(7) (with art. 3)S. 106 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 16(2) (with arts. 16(7), 22)S. 87(8)-(10) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(7), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 154A(6)(c) and word inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 90B inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(2), 186(6); S.I. 2022/1003, reg. 3(b)Word in s. 35(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 87 (with art. 3)Word in s. 154A(6)(a) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 39B(7)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 230(2)(a) (with Sch. 7)Word in s. 33(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 86 (with art. 3)Words in s. 69(5)(aa) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 15(2) (with art. 44)Words in s. 91(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(b)Words in s. 215(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 257(b) (with Sch. 7)Words in s. 219(1) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(g); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 14(2) (with art. 32, Sch. 10 paras. 26(2), 68)Word in s. 47(3B)(c) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(e), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 166(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 251(2) (with Sch. 7)Words in s. 46(7)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(4)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 219(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 68(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 93B(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17F title inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 61(3) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(6)(a); S.I. 2017/462, art. 3(k)(vii)S. 219(11) inserted (1.1.2015 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(3); S.I. 2014/3320, art. 2(2)(e)(v); S.I. 2016/1007, art. 2(h)(vii); S.I. 2017/462, art. 3(k)(bb)(xxii)S. 185(6)(7) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(5)(b) (with art. 34)Sch. 13 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. 13(7) (with reg. 1(1)(c))S. 66G(4)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 234(3) (with Sch. 7)S. 17B(4A) inserted (1.4.2017) by Water Act 2014 (c. 21), ss. 2(2), 94(3); S.I. 2017/462, art. 3(b)Words in s. 51E(2) substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(4), 94(3); S.I. 2017/462, art. 4(a); S.I. 2017/1288, art. 3(c)Words in s. 195(3AA) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(3); S.I. 2017/462, art. 3(k)(xviii)S. 14B(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(4); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 106 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 14(2) (with arts. 14(7), 35, 36)S. 104(5A) inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(c), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)Word in s. 38A(1) repealed (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(a), 94(3); S.I. 2016/1007, art. 2(d)Word in s. 22F substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 34; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (29.12.2025) by The Helios Renewable Energy Project Order 2025 (S.I. 2025/1372), arts. 1, 17(2) (with Sch. 9)Words in s. 45(6A) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(3)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 206(5)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 116(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 186 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. 13(8) (with reg. 1(1)(c))Words in s. 17P(11)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 24(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 2(2C) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(4)(a); S.I. 2017/462, art. 3(k)(ii)Word in Sch. 4ZA para. 3(1)(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(a) (with art. 3)S. 43 repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 55; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))S. 106A inserted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 16(2) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)S. 99(2)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(b), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)S. 105(2) substituted (1.10.2010 for specified purposes, 1.10.2012 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 42(2), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2012/2048, art. 2 (with art. 3)S. 106 applied (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 16(2)Words in s. 69(7)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 46(7) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(4)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)S. 17H(8)(b)(i) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(6)(b); S.I. 2015/1938, art. 3(f)(vii)S. 66H(11) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(5); S.I. 2017/462, art. 3(i)(v)Words in Sch. 11 para. 1(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 262(2) (with Sch. 7)Words in s. 195(2)(bb) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 253 (with Sch. 7)S. 107(4) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(c), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 39C(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 53(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 8(6A) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 13(5), 94(2)(b)Words in s. 17F(7) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(4)(a); S.I. 2015/1938, art. 3(f)(v)S. 42(4) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 87C(4)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 77; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 72 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)S. 115(5A) inserted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 16(3) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)Words in s. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 93A(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 144A 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. 11(4) (with reg. 1(1)(c))Words in s. 66I(9) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(5); S.I. 2017/462, art. 3(i)(vi)S. 66J modified (temp.) (22.3.2017) by The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017 (S.I. 2017/462), art. 11(5)Words in s. 61(4) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(7)(a); S.I. 2017/462, art. 3(k)(vii)Word in s. 101B(3) substituted (1.4.2018) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 89(a); S.I. 2017/462, art. 5(e)(aa)(iv) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))Words in s. 161(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 250(3) (with Sch. 7)Word in s. 22A(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 167(2A) inserted (1.10.2010) by Flood and Water Management Act 2010 (c. 29), ss. 41(2), 49(3) (with ss. 41(3), 49(1)(6)); S.I. 2010/2169, art. 4, Sch.S. 112 excluded (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), regs. 1(1)(b), 6(7) (with reg. 1(1)(c))S. 154A(7)(c) and word inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(4)(e); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 205(4)(a) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 115(a); S.I. 2017/462, art. 3(k)(xx)Sch. 1A para. 9(3)(f)(fa) substituted for Sch. 1A para. 9(3)(f) and word (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 121; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 18(2) (with arts. 4, 37)S. 166(10) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 251(3) (with Sch. 7)S. 219 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. 16(2) (with regs. 1(1)(c), 3(2)(5))Words in s. 219(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 259(4) (with Sch. 7)Words in s. 37A(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 47(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 17Q(6) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 79(2) (with art. 3, Sch. 2 para. 2)Word in s. 31(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 23(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)S. 201 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(5) (with reg. 1(1)(c))S. 106 applied (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 18(2) (with art. 33)S. 75(2)-(12) applied (with modifications) (20.4.2010) by The Water Supply (Water Quality) Regulations 2010 (S.I. 2010/994), regs. 1(1), 21(4)(5) (with reg. 1(2)(3))S. 195A applied (with modifications) (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 25(5)S. 112(8) added (1.10.2010 for specified purposes; 1.10.2012 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 42(4), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.; S.I. 2012/2048, art. 2 (with art. 3)S. 41(2)(ca) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 40S. 106 applied (25.6.2025) by The M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), arts. 1, 18(2) (with arts. 4, 43, Sch. 9)S. 106 applied (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 14(2)Words in s. 23(2A) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(3)(a); S.I. 2017/462, art. 3(k)(cc)(v)Words in s. 95A(1)(b) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 30(3)(c), 94(3); S.I. 2016/1007, art. 2(e)Words in s. 69(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 8(2)Words in s. 123 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 240(2) (with Sch. 7)S. 106 applied (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 20(2) (with arts. 4, 47)S. 99(5) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 101A(8)(a) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(4), 94(3); S.I. 2015/1786, art. 2 (with art. 3)Words in s. 66I(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(2); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 92 heading inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 12(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 213(1) substituted (3.11.2023 for specified purposes, 17.5.2024 in so far as not already in force) by Environment Act 2021 (c. 30), ss. 82(2), 147(3) (with s. 144); S.I. 2023/1170, reg. 2(a)(ii); S.I. 2024/639, reg. 2(d)Words in s. 2(2DB)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 19(2) (with arts. 19(7), 44, Sch. 15)Sch. 3 para. 7(4)(a) and word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(iv)S. 24 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. 7(3) (with reg. 1(1)(c))S. 187 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. 13(9) (with reg. 1(1)(c))S. 17H(8)(b)(v) inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(6)(e); S.I. 2015/1938, art. 3(f)(vii)Words in s. 206(3)(b) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(6)(b)(ii)S. 181 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. 13(4) (with reg. 1(1)(c))Words in Sch. 4A para. 9 inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 16(3)Word in s. 22A(6)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(5)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 195(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(3)(b), 94(2)(h)S. 142 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. 11(1) (with reg. 1(1)(c))Ss. 77-79 modified (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.Words in s. 17P(7)(b)(v) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 24(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 183 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. 13(6) (with reg. 1(1)(c))S. 106 applied (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), arts. 1, 15(2) (with arts. 41, 42, Sch. 16 para. 66)S. 106 applied (15.3.2021) by The Wheelabrator Kemsley K3 Generating Station Order 2021 (S.I. 2021/173), arts. 1, 10(2)S. 158(7)(b)(iv) and word inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 21(2)(b), 94(2)(d)S. 182 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. 13(5) (with reg. 1(1)(c))S. 2(2DA)(2DB) inserted (14.7.2014 for specified purposes, 18.12.2015 in so far as not already in force) by Water Act 2014 (c. 21), ss. 22(3), 94(2)(e); S.I. 2015/1938, art. 2(e)S. 154A(1)(c) and word inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(2)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 24(1A) substituted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(2)(c); S.I. 2017/462, art. 3(k)(vi)Word in s. 27H(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 174(5A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(6)(b)(ii); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 208(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17M(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 78(3) (with art. 3, Sch. 2 para. 2)Word in s. 154A(1) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 12(3D) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 46(9)(b) and word repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(4)(d), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 132(4)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(5) (with Sch. 7)S. 22C applied (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. 6(4) (with reg. 1(1)(c))Words in s. 17R(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 80 (with art. 3)Words in s. 93D(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 66E-66ED substituted (1.9.2015 for the substitution of s. 66EB(1)-(7), 1.9.2016 for the substitution of ss. 66E for specified purposes, 66EA, 66EB(8), 66EC, 66ED, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 5; S.I. 2015/1469, art. 3(d)(ii); S.I. 2016/465, art. 3(e) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/462, art. 3(i)(iv) (with arts. 6-9)S. 42(7) repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 54; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))Ss. 33A-33C inserted (6.4.2015 for the insertion of s. 33C, 18.12.2015 in so far as not already in force) by Water Act 2014 (c. 21), ss. 14(2), 94(3); S.I. 2015/773, art. 2(2)(a); S.I. 2015/1938, art. 2(d)Words in s. 5(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(a)Ss. 66DA-66DC inserted (1.9.2015 for the insertion of s. 66DB in part, 1.9.2015 for the insertion of s. 66DB(3), 1.4.2016 for the insertion of s. 66DB(1)(b) so far as not already in force, 30.3.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 4; S.I. 2015/773, art. 3(c) (with art. 5); S.I. 2015/1469, art. 3(d)(i); S.I. 2016/465, art. 2(j)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/462, art. 2(c) (with art. 10)Word in s. 101B(4)(a) repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 89(b); S.I. 2017/462, art. 5(e)(bb)(iv) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))S. 106 applied (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 13(2) (with arts. 46-48, Sch. 8 para. 18)S. 161 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. 12(3) (with reg. 1(1)(c))Word in s. 37D(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 27(4), 94(2)(g)Words in s. 195(1) repealed (14.7.2014) by Water Act 2014 (c. 21), ss. 34(2), 94(2)(i)S. 106 applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 18(2) (with arts. 40, 41)S. 105(6) repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(c); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))Words in s. 31(4A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(7) (with art. 3)S. 38A(2A) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(4), 94(3); S.I. 2016/1007, art. 2(d)S. 213(1A) modified (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(9), 186(6); S.I. 2022/1003, reg. 3(a)S. 106 applied (31.12.2020) by The Network Rail (Cambridgeshire Level Crossing Reduction) Order 2020 (S.I. 2020/1485), arts. 1, 17(2)S. 17E(2)(aa) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 14(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(h) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 39A(2A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 38ZA inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(1), 94(3); S.I. 2016/1007, art. 2(d)Word in s. 27H(1)(b) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93B(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17R(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 150A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)S. 17G(2A) inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(4); S.I. 2015/1938, art. 3(f)(vii)S. 17F(7)(g) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93B(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 2(5A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(7)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 14(2) (with arts. 35, 36, Sch. 14)S. 203(8)(9) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 36(5), 94(2)(j)Words in s. 154A(6)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17HA inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 18; S.I. 2015/1938, art. 3(f)(vii)S. 48 repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 57; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))Word in s. 22(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 30(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 2(2C)(f) and word inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(4)(c); S.I. 2017/462, art. 3(k)(ii)Words in s. 72(5)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 69; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 219(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 29; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)Words in s. 96A(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 86(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(p) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 66I(8A) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(4); S.I. 2017/462, art. 3(i)(vi)Words in s. 31(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(5)(c) (with art. 3)S. 106 applied (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 19(2) (with arts. 5, 43, 53(7), Sch. 14)S. 106 applied (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 18(2) (with arts. 7, 18(6))Words in s. 39B(6) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(4)(b)(i), 94(2)(g)Words in s. 66H(4)(d) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(3); S.I. 2017/462, art. 3(i)(v)S. 35E and cross-heading inserted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 2, 17(2)(c)Words in s. 17P(1)-(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 65(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 106 applied (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 19(2) (with arts. 5, 19(7), 36)S. 17M(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 78(5) (with art. 3, Sch. 2 para. 2)S. 2(3)(d)(iii) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 21 para. 4S. 100A repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 88; S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))S. 17G title substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(2); S.I. 2015/1938, art. 3(f)(vii)Words in s. 31(4A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 9; S.I. 2024/1226, regs. 1(2), 2(1)(17)Words in s. 37A(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 27(2), 94(2)(g)Word in s. 19 substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 27; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 2 para. 2(4) substituted (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 1(4) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j) (with art. 5(3))Words in s. 22C(2) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 32(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 modified (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 20(2) (with arts. 30(4), 53)Words in s. 120 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 239 (with Sch. 7)S. 87B(2)(a) substituted (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 35(10)(a), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 106 applied (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), arts. 1, 16(2) (with arts. 37, 38, Sch. 10)Words in s. 93C(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 82(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 17(2) (with arts. 5, 44)Word in s. 14(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 106 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 16(2) (with art. 16(7)(8), 32)S. 118 excluded (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), arts. 1, 6 (with art. 47, Sch. 15)S. 106 modified (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 16(2)S. 106 applied (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 15(2) (with arts. 38, 39)Word in s. 2(7) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 30(2)(a)Words in s. 16(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 57; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 91(3) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(d)(i), 186(6); S.I. 2022/1003, reg. 3(b)Words in Sch. 15 Pt. 2 inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 6 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)Words in s. 101A(7) repealed (1.11.2015) by Water Act 2014 (c. 21), ss. 41(2)(b), 94(3); S.I. 2015/1786, art. 2 (with art. 3)Word in s. 16B(6) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 76(2) (with art. 3, Sch. 2 para. 2)S. 106 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 17(2) (with art. 39)Word in s. 17G(4)(a)(iv) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 228(2) (with Sch. 7)Words in s. 66I(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(3)(a); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 17A, 17AA substituted for s. 17A (1.1.2016 for the substitution of s. 17A(2)-(6), 1.4.2016 for the substitution of s. 17A(1) for specified purposes and ss. 17A(7), 17AA(3)-(5), 1.11.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 1(1), 94(3); S.I. 2015/1938, art. 3(a)(i) (with art. 4); S.I. 2016/465, art. 2(a)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2016/1007, art. 2(a) (with arts. 3, 4)S. 106 applied (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 12(2) (with arts. 37, 38)Words in s. 66G(4)(d) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 7(3); S.I. 2017/462, art. 3(i)(v)Words in s. 17D(1) inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(2)(b); S.I. 2015/1938, art. 3(f)(ii) (with art. 4)Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(b); S.I. 2017/462, art. 3(i)(v)Words in s. 175(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 201(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 113(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 22(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 30(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 3 para. 7(4)(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(v)Words in s. 86(2)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 22C(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 32(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17R(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 6 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. 2 (with reg. 1(1)(c))Words in Sch. 13 para. 1(5A) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 137(b); S.I. 2011/2329, art. 3S. 16B(11) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 13(4); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 31(8) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(11) (with art. 3)Word in s. 12(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 17N 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. 5(4) (with reg. 1(1)(c))Words in s. 66H(1)(b) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(2); S.I. 2017/462, art. 3(i)(v)Words in s. 23(2D)(b) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 11 (with ss. 2(2), 5(2))S. 111 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)S. 31(3)(c) substituted for s. 31(3)(c)(d) by S.I. 2019/93, Sch. 1 para. 4(3) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 16)Pt. 2 Ch. 1A heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 9; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(e) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 2 para. 1(4) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 122(2)(e); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 40-40J substituted for ss. 40, 40A (6.4.2015 for the insertion of s. 40J, 1.11.2016 for the insertion of s. 40E for specified purposes and s. 40I, 1.4.2018 for E. for specified purposes, 1.4.2019 for W. in so far as not already in force) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2015/773, art. 2(1)(a)(i) (with art. 4); S.I. 2016/1007, art. 2(b); S.I. 2017/1288, art. 3(a); S.I. 2018/397, art. 2(a)Ss. 144ZE, 144ZF inserted (1.1.2015 for W. for specified purposes, 6.4.2015 for W. for specified purposes, 1.4.2016 for E. in so far as not already in force, 15.12.2017 for W. in so far as not already in force) by Water Act 2014 (c. 21), ss. 38, 94(3); S.I. 2014/3320, art. 2(1)(b) (with art. 3); S.I. 2015/773, art. 2(3)(b) (with art. 6); S.I. 2016/465, art. 2(h) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/1288, art. 2(b)S. 208 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. 15 (with reg. 1(1)(c))Words in s. 46(1) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(4)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)S. 199 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(3) (with reg. 1(1)(c))S. 17D(12) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(11); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Word in s. 37A(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(a), 94(2)(g)Words in s. 17I(5) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 219(1) substituted (1.1.2015) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(b); S.I. 2014/3320, art. 2(2)(e)(iv)Words in s. 30A(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Words in s. 174(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 35A 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. 9 (with reg. 1(1)(c))S. 106(8) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 5S. 39ZA inserted (15.7.2015) by Water Act 2014 (c. 21), ss. 29(7), 94(3); S.I. 2015/1469, art. 2(c) (with art. 5(1)(5))Words in s. 174(3A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 14(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(5)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 93D(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17Q 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. 5(7) (with reg. 1(1)(c))Words in s. 93B(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), arts. 1, 15(2) (with Sch. 8 para. 48)Words in s. 29(8)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 45(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 1A para. 10(3) inserted (E.W.) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 6; S.I. 2014/416, art. 2(1)(f) (with Sch.)Words in s. 2(6B) substituted (6.4.2015) by Water Act 2014 (c. 21), ss. 24(2), 94(3); S.I. 2015/773, art. 2(1)(c) (with art. 4)S. 37 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. 10(1) (with reg. 1(1)(c))Word in s. 31(4A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 23(5); S.I. 2024/1226, regs. 1(2), 2(1)(16)S. 192 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. 13(11) (with reg. 1(1)(c))Words in s. 27A(13) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 40(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 66J(6) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 23(2) (with reg. 5(1))Words in s. 31(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(5)(a) (with art. 3)Word in s. 22E(2)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 33(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 17O(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 64; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 17H(8)(b)(iv) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(6)(d); S.I. 2015/1938, art. 3(f)(vii)Words in Sch. 4A para. 8(2)(a) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 16(2)(a)S. 106 applied (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 22(2) (with art. 51)S. 106 applied (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I. 2022/922), arts. 1, 16(2) (with arts. 5, 40)S. 37AA inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 27(3), 94(2)(g)Words in s. 203(7) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 36(4), 94(2)(j)S. 61(2A) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(5); S.I. 2017/462, art. 3(k)(vii)S. 180 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. 13(2) (with reg. 1(1)(c))S. 106 applied (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), arts. 1, 19(2) (with arts. 19(7), 37(2))S. 106 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 16(2) (with art. 35)S. 106 applied (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 18(2) (with art. 34(2))S. 16A(10) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 58(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 31(3)(4A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 5; S.I. 2014/416, art. 2(1)(f) (with Sch.); S.I. 2014/416, art. 2(1)(f) (with Sch.)Words in s. 131(3)(a) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(5); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 17H(9) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(7); S.I. 2015/1938, art. 3(f)(vii)S. 22 applied (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. 6(2) (with reg. 1(1)(c))Words in s. 20 substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 28; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 206(3)(e) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 72 (with Sch. 20); S.I. 2013/423, art. 3, Sch.Sch. 2 para. 3 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. 3(3)(d) (with reg. 1(1)(c))S. 87(3A) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(2)(a), 186(6); S.I. 2022/1003, reg. 3(a)Words in s. 12(3B)(3C) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(5); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 71(9) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 236(4) (with Sch. 7)Words in s. 18(1A)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 20(2) (with arts. 4, 20(9), 45, Sch. 9 paras. 6, 46, 54(1))Word in s. 2(2A)(c) omitted (14.7.2014 for specified purposes, 18.12.2015 in so far as not already in force) by virtue of Water Act 2014 (c. 21), ss. 22(2)(a), 94(2)(e); S.I. 2015/1938, art. 2(e)Words in s. 27K(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 44(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 2A, 2B substituted for s. 2A (6.4.2015) by Water Act 2014 (c. 21), ss. 24(1), 94(3); S.I. 2015/773, art. 2(1)(c) (with art. 4)S. 31(4ZA) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(6) (with art. 3)S. 35A cross-heading substituted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 1(2), 17(2)(b)S. 106 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 13(2) (with arts. 5(9), 36, 37, Sch. 8 para. 34)Words in s. 17J(10) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(11); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 22C(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 32(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 219(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 259(2) (with Sch. 7)Words in s. 135A(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 247(2)(a) (with Sch. 7)Words in s. 68(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Act: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 10, 20)Words in Sch. 4A para. 8(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 129(b)Words in s. 201(2) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 113(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 25 renumbered as s. 25(1) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 16(a), 17(5)(e)Words in s. 17N(11)(a)(ii) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 22(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 22A(7) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(6)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 96A(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 86(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(p) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 154B inserted (1.7.2012) by Water Industry (Financial Assistance) Act 2012 (c. 8), ss. 2, 3(2)S. 106 applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 15(2)Words in s. 86(6) inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(2)(a), 17(5)(a) (with s. 6(3))Word in s. 17(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 60; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 107(3)(b)(ii) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(b), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 132(2)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(b)(i) (with Sch. 7)Words in s. 146(4) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(3)(b); S.I. 2017/462, art. 3(k)(bb)(xiv)S. 2 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), regs. 1(1)(b), 3(3) (with regs. 1(1)(c), 3(2)(5))S. 72 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)S. 106 applied (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 15(2) (with Sch. 9 para. 144)Words in s. 87(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 76; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17J(4)(b)(iv) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 61(5) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(8)(b)(i); S.I. 2017/462, art. 3(k)(vii)Words in s. 2B(4)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 5; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(d) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 179 repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 46, Sch. 23 Pt. 4 (with s. 89); S.I. 2014/768, art. 2(1)(b)S. 17I title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 86(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 23(7) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(9); S.I. 2017/462, art. 3(k)(ee)(v)Words in s. 219(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(f); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 2A para. 5 modified (temp.) (22.3.2017) by The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017 (S.I. 2017/462), art. 11(5)Word in s. 15(1B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 56(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 101A(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 17Words in s. 17Q(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 15(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 153(3) substituted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(4) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)S. 17J title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 2 para. 7 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. 3(3)(h) (with reg. 1(1)(c))Words in Sch. 3 para. 9 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(ix)S. 66G(11) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 7(5); S.I. 2017/462, art. 3(i)(v)Words in Sch. 4ZA para. 2 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(2) (with art. 3)Words in s. 17G(5) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(7); S.I. 2015/1938, art. 3(f)(vii)Words in s. 17I(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93B(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 130 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 242(2) (with Sch. 7)S. 106 applied (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 20(2)Sch. 2 para. 2 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. 3(3)(c) (with reg. 1(1)(c))Ss. 101A(7A)-(7C) inserted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(3), 94(3); S.I. 2015/1786, art. 2 (with art. 3)Words in s. 39B(7)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 52(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 87B(4) substituted (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 35(11), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 175(3)(b)(ba) substituted for s. 175(3)(b) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 14B(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Sch. 3 para. 5(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(iii)Words in s. 8(2)(a) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 13(2), 94(2)(b)S. 37D(4)-(9) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(3), 94(2)(g)S. 31(7A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(10) (with art. 3)S. 106 applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 16(2)Ss. 51B-51CG substituted for ss. 51B, 51C (18.12.2015 for the substitution of ss. 51CD-51CG, 1.4.2017 for E. for the substitution of s. 51B(6) for specified purposes and s. 51CB, 1.10.2017 for E. in so far as not already in force, 1.4.2019 for W. in so far as not already in force) by Water Act 2014 (c. 21), ss. 10(3), 94(3); S.I. 2015/1938, art. 2(b)(ii); S.I. 2017/462, arts. 3(d)(ii), 4(a) (with art. 15); S.I. 2017/1288, art. 3(c)S. 106 applied (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 19(2) (with arts. 19(7), 58, 59)Words in s. 69(5)(aa) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 19(4) (with art. 55)Sch. 3 applied (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. 7(4) (with reg. 1(1)(c))S. 118 excluded (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), arts. 1, 6(1) (with art. 48, Sch. 15)S. 216(4A)-(4C) inserted (10.5.2022 for specified purposes) by Environment Act 2021 (c. 30), ss. 87, 147(3)(4) (with s. 144); S.I. 2022/518, regs. 1(2), 2(f)Words in s. 37C(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 48(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 107(4A)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(e), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)S. 86 cross-heading substituted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(2), 17(2)(h)Word in s. 158(7)(b)(ii) omitted (14.7.2014) by virtue of Water Act 2014 (c. 21), ss. 21(2)(a), 94(2)(d)Words in s. 27K(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 44(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 25 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. 7(5) (with reg. 1(1)(c))Sch. 2 para. 2A and cross-heading inserted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 5Words in s. 174(8A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(7)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 27H(2) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 138(1B)(b) substituted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 7(b) (with reg. 1(2), Sch. 4)S. 106 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 19(2)S. 106 applied (14.8.2025) by The Byers Gill Solar Order 2025 (S.I. 2025/934), arts. 1, 18(2) (with art. 43, Sch. 11)Words in s. 27H(1)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 23(1) substituted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(2); S.I. 2017/462, art. 3(k)(bb)(v)Words in s. 127(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 241(3) (with Sch. 7)S. 107(1A) inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(4), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)S. 106 applied (18.12.2024) by The Network Rail (Leeds to Micklefield Enhancements) Order 2024 (S.I. 2024/1284), arts. 1, 19(2) (with Sch. 15)Word in s. 201(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 91 (with art. 3)S. 150B 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. 11(5) (with reg. 1(1)(c))Words in s. 17J(13) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(13); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17F(4) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(3)(b); S.I. 2015/1938, art. 3(f)(v)Words in s. 213(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), ss. 37(3), 94(3); S.I. 2016/465, art. 2(g) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 2ZA inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(6), 147(3), Sch. 13 (with s. 144); S.I. 2022/48, reg. 2(m)Words in s. 202(4)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17D(1) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(2)(a); S.I. 2015/1938, art. 3(f)(ii) (with art. 4)Words in s. 55(1A)(b) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 59; S.I. 2017/462, art. 3(k)(vii)Word in s. 206(3)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 92(2) (with art. 3)S. 26(1)(b)(ba) substituted for s. 26(1)(b) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 54(2) (with reg. 64)S. 24(2)(bc) inserted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(4)(b); S.I. 2017/462, art. 3(k)(vi)S. 104(9) added (1.10.2010 for specified purposes, 1.10.2012 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 42(3), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2012/2048, art. 2 (with art. 3)S. 195(3A) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(4); S.I. 2017/462, art. 3(k)(xviii)Word in s. 27E(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 82 (with art. 3)S. 106 applied (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 20(2) (with arts. 5, 20(7), Sch. 27 para. 36)Words in s. 75(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 72(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 69(5)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 2 para. 2(1) omitted (E.W.) (1.4.2011) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 1(2) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j) (with art. 5(3))Words in s. 107(4A) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)S. 22F applied (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. 6(4) (with reg. 1(1)(c))Words in s. 5(4)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 226(2) (with Sch. 7)S. 117A(2A) inserted (E.) (31.10.2021) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(7)S. 106 applied (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), arts. 1, 19(2)Words in s. 221(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 260(2) (with Sch. 7)Ss. 35B-35D inserted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 1(3), 17(2)(b)S. 102 excluded (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), regs. 1(1)(b), 5(2) (with reg. 1(1)(c))S. 104(6A) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(b), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)Words in s. 17O(10) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 23(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 17R(1)(a)-(c) substituted for s. 17R(1)(a)(b) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 92(1)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 30(2)(b)Pt. 2 Ch. 1A 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. 3(1) (with reg. 1(1)(c))S. 106 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 22(2)S. 106 applied (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 17(2) (with arts. 47, 48, Sch. 10)Sch. 3 para. 2(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(ii)Words in s. 27E(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 42; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 16B(6) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 13(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Ss. 76-76C substituted for s. 76 (1.9.2010 for specified purposes, 1.10.2010 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), ss. 36, 49(3) (with s. 49(1)(6)); S.I. 2010/2169, arts. 3(3), 4, Sch. (with art. 5)Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(e)(ii); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 14(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 195(3D) inserted (1.9.2016 for the insertion of s. 195(3D)(b)-(d)) by Water Act 2014 (c. 21), ss. 34(3), 94(3); S.I. 2016/465, art. 3(c)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 71 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 236(2) (with Sch. 7)Words in s. 69(7)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17F(4) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(3)(a); S.I. 2015/1938, art. 3(f)(v)S. 106 applied (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 15(2) (with arts. 15(6), 41, 42, Sch. 17 para. 66)Words in s. 63AA cross-heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 62; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(l) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 47(3B) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 92(1) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 86(1) omitted (24.2.2025) by virtue of Water (Special Measures) Act 2025 (c. 5), ss. 12(3)(b)(i), 17(2)(h)S. 96ZA inserted (15.7.2015) by Water Act 2014 (c. 21), ss. 30(7), 94(3); S.I. 2015/1469, art. 2(d)S. 23(4)(b) substituted (1.4.2017 so far as it substitutes s. 23(4)(b)(i), otherwise prosp.) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(7); S.I. 2017/462, art. 3(k)(dd)(v)S. 195A 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(2) (with reg. 1(1)(c))Words in Sch. 13 para. 4 substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 30(b); S.I. 2017/1286, reg. 2(d)Words in s. 22A(7) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(6)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 185(4) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(5)(a) (with art. 34)Words in s. 92(1)(b) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)S. 17Q(6A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 79(3) (with art. 3, Sch. 2 para. 2)Word in s. 17N(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 63(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 17H(8)(b)(iii) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(6)(c); S.I. 2015/1938, art. 3(f)(vii)Sch. 4A para. 9A inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 6Words in Sch. 15 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(i)Words in s. 202(4)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 63AB(1) inserted (6.3.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 64(3); S.I. 2017/58, art. 2(c) (with art. 3(1))S. 106 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 15(2) (with art. 32(2))S. 24(1) excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 15(1) (with Sch. 8 para. 20)S. 61(1ZB)(1ZC) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(3); S.I. 2017/462, art. 3(k)(vii)S. 18 applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 9(6)Words in s. 17R(2)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93A(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 202(4)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17O(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 23(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 105C(2)(aa) inserted (1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 93; S.I. 2017/462, art. 3(k)(xii)Words in s. 69(6)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 205(4)(c) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 115(c); S.I. 2017/462, art. 3(k)(xx)S. 17R title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 2(3)(ba) inserted (1.1.2015 for W. for specified purposes, 6.4.2015 for W. for specified purposes, 1.4.2016 for E. in so far as not already in force) by Water Act 2014 (c. 21), ss. 23, 94(3); S.I. 2014/3320, art. 2(1)(a) (with art. 3); S.I. 2015/773, art. 2(3)(a) (with art. 6); S.I. 2016/465, art. 2(e) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 133(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 245(a) (with Sch. 7)S. 106 applied (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 20(2) (with arts. 20(7), 42, 43)Words in s. 154(2) substituted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(6) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)Words in s. 38B(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 50(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 74(1)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 71(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), arts. 1, 19(2) (with art. 40, Sch. 13)Words in s. 17F(8) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(5); S.I. 2015/1938, art. 3(f)(v)Words in s. 93A(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 89 heading omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(5)(a), 186(6); S.I. 2022/1003, reg. 3(a)Words in s. 208(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 2(6)(b) repealed (15.7.2015 for specified purposes, 1.9.2015 for specified purposes, 1.11.2015 for specified purposes, 18.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.9.2016 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(8)(c); S.I. 2015/1469, arts. 2(f)(ii), 3(f)(ii), 4(c)(ii); S.I. 2015/1938, art. 2(g)(ii); S.I. 2016/465, arts. 2(m), 3(g)(ii), Sch. 1 para. 1(c)(iv) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2016/1007, art. 2(h)(aa)(ii); S.I. 2017/462, art. 3(k)(ii)S. 153(1A) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(3) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)Words in Sch. 15 Pt. 1 inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 6(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 106 applied (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 21(2) (with arts. 4, 21(6))Words in s. 17F(7)(i) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(4)(d); S.I. 2015/1938, art. 3(f)(v)S. 106 applied (17.2.2025) by The Heckington Fen Solar Park Order 2025 (S.I. 2025/85), arts. 1, 14(2) (with art. 43, Sch. 13)Words in s. 2A(4)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 4; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(d) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 47(1) substituted (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 56; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))S. 105(2) repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(a); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))Sch. 9 para. 4 substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 paras. 6, 7; S.I. 2017/75, reg. 3(g) (with reg. 5)Words in s. 174(3A)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(5)(c)(i); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 219(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 68(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 154A(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 24(2)(d) substituted (1.10.2010 for specified purposes, 15.3.2024 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 6(4) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2024/363, art. 2(b)S. 95A(1)(aa) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 30(3)(b), 94(3); S.I. 2016/1007, art. 2(e)Words in s. 17H(8)(a) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(6)(a); S.I. 2015/1938, art. 3(f)(vii)Words in s. 14B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 91 heading substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(a), 186(6); S.I. 2022/1003, reg. 3(b)S. 16B(6A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 76(3) (with art. 3, Sch. 2 para. 2)Words in s. 69(4)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 213(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(2), 255(6) (with s. 247)Words in s. 17D(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(g) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 18 applied (27.6.2016) by The Water Supply (Water Quality) Regulations 2016 (S.I. 2016/614), regs. 1(1), 38 (with reg. 1(2)(3))S. 106 applied (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 20(2) (with arts. 21, 41, Sch. 10)Sch. 2 para. 1(3A)(b)(ii) and word inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 122(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 15(2)Words in s. 17P(11) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 24(5)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 213(2)(a) substituted (1.11.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 119(4); S.I. 2016/1007, art. 2(h)(v)Words in s. 66G(4)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 234(2) (with Sch. 7)Words in s. 69(6)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 13(2) (with arts. 51, 53)S. 106 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 17(2) (with arts. 4, 5(3), 17(6))Words in s. 45(2) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(3)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 127 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 241(2) (with Sch. 7)Words in s. 37A(6) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(c), 94(2)(g)Sch. 11 applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 3 para. 4(1)Words in s. 158(7)(b)(ii) inserted (E.) (31.10.2021) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(8)Words in s. 156(8) inserted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 5S. 31(10) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 12; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)S. 106 applied (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 13(2) (with arts. 6(2), 13(6), 18, Sch. 11 paras. 5, 30)S. 99(7) repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 87; S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))Words in s. 195(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(3)(a), 94(2)(h)S. 99(4) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))S. 89(5) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(13)(f), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)Words in Sch. 2 para. 2(7A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 122(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 16B(9) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 13(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 101A(11)(b) inserted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(6)(b), 94(3); S.I. 2015/1786, art. 2 (with art. 3)Words in s. 31(7) substituted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(9)(a)(ii) (with art. 3)Words in s. 6(5A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 6; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(d) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 27C(1)(e) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 41(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 195A applied (with modifications) (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 28(5)Words in s. 25(1) substituted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 16(b), 17(5)(e)Words in s. 208(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 158(7)(b)(i) omitted (14.7.2014) by virtue of Water Act 2014 (c. 21), ss. 21(2)(a), 94(2)(d)S. 106 applied (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 21(2) (with Sch. 12)S. 106 applied (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 10(2)Words in s. 27C(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 41(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 3(4)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 224(3) (with Sch. 7)Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(a); S.I. 2017/462, art. 3(i)(v)S. 106 applied (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 16(2) (with Sch. 15)Words in s. 195(2)(g) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 111(2)(b); S.I. 2017/462, art. 3(k)(xviii)Words in s. 87(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 76; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 77 (with art. 3)Words in Sch. 4A para. 13(2)(b) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 10(a); S.I. 2015/778, art. 2(1)(c)Words in s. 86(4)(c)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 39B(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(4)(a), 94(2)(g)Ss. 77-79 modified (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.Sch. 2B inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 3; S.I. 2015/1938, art. 3(e)S. 37A(8)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 229(2)(b) (with Sch. 7)Word in s. 21(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 29(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 135A heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 247(3) (with Sch. 7)Words in s. 29(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 45(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (1.5.2025) by The Viking CCS Carbon Dioxide Pipeline Order 2025 (S.I. 2025/509), arts. 1(2), 18(2) (with art. 41, Sch. 9)Words in s. 163(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 106; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(t) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 206(3)(j) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(6)(c)(i)Words in s. 192B(7) omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 48(2)(c), 71(2)(f) (with Sch. 7 paras. 1, 6, 7)Words in Sch. 15 Pt. II omitted (6.4.2025 for specified purposes, 1.1.2026 for specified purposes) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 10Words in s. 17I(4)(b)(iv) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 12J, 12K inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 14, 17(5)(c)Words in s. 132(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(a) (with Sch. 7)S. 95A(2A) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 30(4), 94(3); S.I. 2016/1007, art. 2(e)S. 16B(7)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 76(4) (with art. 3, Sch. 2 para. 2)Words in s. 17D(7) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(7)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)S. 22A 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. 6(3) (with reg. 1(1)(c))Word in s. 29A(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 83 (with art. 3)Words in s. 206(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 116(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 61(4)(a)(b) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(7)(b); S.I. 2017/462, art. 3(k)(vii)Words in s. 219(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 27H(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17H(6) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(4)(a); S.I. 2015/1938, art. 3(f)(vii)Words in s. 27(4)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 39(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 13 para. 4 heading substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 30(c); S.I. 2017/1286, reg. 2(d)S. 162(1C) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 105(4); S.I. 2017/462, art. 3(k)(xvi)S. 212 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. 16(1) (with reg. 1(1)(c))S. 101B(4)(c) and word inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 2(7) substituted (6.4.2015) by Water Act 2014 (c. 21), ss. 24(2), 94(3); S.I. 2015/773, art. 2(1)(c) (with art. 4)S. 106 applied (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 22(2) (with art. 22(7))S. 106 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 16(2)Words in s. 219(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 259(3) (with Sch. 7)Words in Sch. 3 para. 9 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(viii)Sch. 15 Pt. 1 entry omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 6(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 106 applied (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 14(2) (with arts. 6, 42)S. 106 applied (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 21(2) (with arts. 4, 50)Words in s. 68(3B) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 18(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 101A(8) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)S. 45(1ZA) omitted (E.) (31.10.2021) by virtue of The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(3)Sch. 4A para. 4 substituted (6.4.2010) by The Health and Social Care Act 2008 (Consequential Amendments) Order 2010 (S.I. 2010/750), arts. 1(1), 2S. 118 excluded (31.5.2025) by The East Yorkshire Solar Farm Order 2025 (S.I. 2025/585), arts. 1, 6(1) (with art. 49, Sch. 14)Ss. 143AA, 143AB inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 13(3), 17(5)(b)Word in s. 31(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(5)(b) (with art. 3)S. 66D substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 3; S.I. 2017/462, art. 3(i)(iii) (with arts. 6-9)Words in s. 18(1)(a)(i) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 16(2) (with arts. 16(7), 39, 40)Words in s. 68(1A) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(e); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 144ZA-144ZD and cross-heading inserted (6.4.2015 for the insertion of s. 144ZD, 15.7.2015 for the insertion of s. 144ZB for specified purposes, 1.4.2016 for E. in so far as not already in force, 15.12.2017 for W. in so far as not already in force) by Water Act 2014 (c. 21), ss. 17, 94(3); S.I. 2015/773, art. 2(1)(b); S.I. 2015/1469, art. 2(b) (with art. 5(1)(5)); S.I. 2016/465, art. 2(d) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/1288, art. 2(a)Words in s. 29(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 45(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 2 para. 4A 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. 3(3)(e) (with reg. 1(1)(c))Pt. 3 Ch. 4 modified (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 37(1), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)Words in s. 105(7) repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(d); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))S. 17K title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 21(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 74(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 71(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), arts. 1, 21(2) (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch)S. 106 applied (25.10.2024) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (S.I. 2024/1014), arts. 1, 24(2) (with arts. 36, 40, Sch. 4)S. 22E applied (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. 6(4) (with reg. 1(1)(c))S. 87C(8) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(12), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 111 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)Words in s. 208(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 27A(13) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 40(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 154(5) substituted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(8) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)Words in s. 32 substituted (18.12.2015) by Water Act 2014 (c. 21), ss. 14(1), 94(3); S.I. 2015/1938, art. 2(d)Word in Sch. 4ZA para. 3(3)-(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(b)(i) (with art. 3)S. 39D inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(5), 94(2)(g)Words in s. 17R(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 132(8) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(7) (with Sch. 7)S. 19(3A) inserted (20.4.2010) by The Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010 (S.I. 2010/996), regs. 1, 2(3)S. 203(1)-(1C) substituted for s. 203(1) (14.7.2014) by Water Act 2014 (c. 21), ss. 36(2), 94(2)(j)Word in s. 14(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 95A(3) substituted (1.1.2015 for specified purposes, 1.11.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 30(5), 94(3); S.I. 2014/3320, art. 2(2)(b); S.I. 2016/1007, art. 2(e)S. 106 applied (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 15(2) (with arts. 7, 15(7))S. 27ZA inserted (10.5.2022 for specified purposes) by Environment Act 2021 (c. 30), ss. 85, 147(3)(4) (with s. 144); S.I. 2022/518, regs. 1(2), 2(e)Words in s. 37A(4) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(b), 94(2)(g)S. 23(3)-(3D) substituted for s. 23(3) (1.10.2010 for specified purposes, 15.3.2024 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 6(1) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2024/363, art. 2(b)Words in s. 174(8A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(7)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 21(2) (with arts. 4, 52, Sch. 9 para. 82)S. 192A(3A) inserted (6.4.2015) by Water Act 2014 (c. 21), ss. 24(3), 94(3); S.I. 2015/773, art. 2(1)(c) (with art. 4)Words in s. 206(4)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 255(3) (with Sch. 7)Words in s. 17Q(9) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 15(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 31(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(9)(a)(i) (with art. 3)Words in s. 138(1B)(aa) substituted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 7(b) (with reg. 1(2), Sch. 4)Words in s. 101B(3) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(a), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 154(3) substituted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(7) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)Words in s. 24(2)(bb) substituted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(4)(a); S.I. 2017/462, art. 3(k)(vi)Words in s. 27(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 39(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 41(2A) omitted (E.) (31.10.2021) by virtue of The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(2)Words in s. 37D(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 49; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 17M(2)(a) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 78(4)(a) (with art. 3, Sch. 2 para. 2)Ss. 12A-12I and cross-heading inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(2), 147(3) (with s. 144); S.I. 2022/48, reg. 2(m)Word in Sch. 4ZA para. 4 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(5) (with art. 3)S. 106 applied (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 16(2)Words in s. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 225(2) (with Sch. 7)Sch. 8 paras. 2-4 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)Words in s. 17J(12) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(12)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 86ZA(3A) inserted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(4), 17(2)(h)S. 118 excluded (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 6(1)(e) (with Sch. 14)Words in s. 18(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 52(4A)(c) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 58(2); S.I. 2017/462, art. 3(k)(vii)S. 17F(7)(da) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 227 (with Sch. 7)Words in s. 118(1) inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(2)(a), 88(3)(b); S.I. 2023/1096, art. 3Words in s. 217(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 258(2) (with Sch. 7)Words in s. 70(1) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 23(3) (with reg. 5(1))S. 66A-66C and cross-heading substituted (1.4.2017 for the substitution of ss. 66A, 66AA, 66C) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 1; S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)Words in s. 75(12) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 72(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 89(4) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(d)(ii), 186(6); S.I. 2022/1003, reg. 3(a)Word in s. 202(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 13 para. 1(5)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 263(3) (with Sch. 7)Word in s. 16B(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 59(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 8 para. 2(3A) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 123; S.I. 2017/462, art. 3(k)(xxiii)Words in s. 130 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 242(3) (with Sch. 7)S. 106 applied (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 20(2) (with arts. 12, 13, 20(7), Sch. 12 Pt. 1 para. 19, Sch. 12 Pt. 2 para. 6, Sch. 12 Pt. 3 para. 5, Sch. 12 Pt. 4 para. 4, Sch. 12 Pt. 5 para. 4)S. 106 applied (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 19(2) (with arts. 19(7), 40, Sch. 14)Word in s. 22C(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 32(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in Sch. 4ZA para. 6 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(7) (with art. 3)Words in s. 101A(11) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)S. 106 applied (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 20(2) (with art. 35(2))Words in s. 31(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(3)(c) (with art. 3)S. 106 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 18(2) (with art. 43)Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(e)(i); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 20(2) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))Words in s. 17B(5) inserted (1.4.2017) by Water Act 2014 (c. 21), ss. 2(3), 94(3); S.I. 2017/462, art. 3(b)Words in s. 6(5) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(b)(i)Words in s. 206(3)(k) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(6); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 95A(1) repealed (1.11.2016) by Water Act 2014 (c. 21), ss. 30(3)(a), 94(3); S.I. 2016/1007, art. 2(e)Word in s. 3(4)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 224(2) (with Sch. 7)Words in Sch. 2 para. 1(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 122(2)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Act applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), Sch. 9 para. 34S. 106 applied (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 17(2) (with arts. 5, 17(7))S. 106 applied (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 16(2) (with arts. 16(7), 40, 41) S. 106 applied (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), arts 1(2), 16(2) (with arts. 16(7), 40, 41)Words in s. 66H(10) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 7(2) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j)Words in s. 17H(10) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(8)(b); S.I. 2015/1938, art. 3(f)(vii)Words in s. 2B(9) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(2)S. 106 applied (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 18(2) (with art. 18(7))Words in s. 162(1A)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 105(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(s) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 89(3)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(c), 186(6); S.I. 2022/1003, reg. 3(a)S. 195A applied (with modifications) (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 19(5)Word in s. 31(5)(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(8) (with art. 3)Words in s. 19(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 9(3)(a); S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 17G(1)(a) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(3)(c); S.I. 2015/1938, art. 3(f)(vii)S. 23(2H) inserted (1.10.2010 for specified purposes, 12.1.2024 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 5(1) (with s. 49(1)(6), Sch. 5 para. 5(4)); S.I. 2010/2169, art. 4; S.I. 2024/35, art. 2(b)Words in s. 17D(2) substituted (15.12.2011) by The Water Supply (Amendment to the Threshold Requirement) Regulations 2011 (S.I. 2011/3014), regs. 1(1), 2 (with reg. 1(2))Sch. 3 para. 1(b) and word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(i)Words in s. 206(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(d)S. 23 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. 7(2) (with reg. 1(1)(c))Words in s. 63AB(1)(a) substituted (6.3.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 64(4); S.I. 2017/58, art. 2(c) (with art. 3(1))Words in s. 202(4)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 89(4) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(d)(i), 186(6); S.I. 2022/1003, reg. 3(a)Words in s. 174(1A)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(2)(c)(ii); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 134(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 246(3)(b) (with Sch. 7)Words in s. 17D(7) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(7)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Words in s. 66G(10) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 7(1) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j)Words in s. 23(6) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(8)(b); S.I. 2017/462, art. 3(k)(ee)(v)Words in s. 22A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 104(3) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(b), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)S. 106 applied (2.10.2014) by The North Killingholme (Generating Station) Order 2014 (S.I. 2014/2434), arts. 1, 14(2) (with arts. 6, 13, 14(7), Sch. 8 Pt. 1 para. 6, Sch. 8 Pt. 3 paras. 4(3), 6, 17, Sch. 8 Pt. 5 para. 9)S. 87(3)(a)(i) substituted (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 35(2), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)Words in s. 91(3) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(d)(ii), 186(6); S.I. 2022/1003, reg. 3(b)Words in s. 16B(9) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 13(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Word in s. 47(3B)(b) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(d), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)S. 155(3)-(6) applied (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 18 para. 7(3) (with arts. 62, 76, 87)Words in Sch. 11 para. 6(6)(a) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(9), 35(1); S.I. 2013/1488, art. 3(e) (with art. 8(3))S. 141DB inserted (3.11.2023 for specified purposes) by Environment Act 2021 (c. 30), ss. 82(1), 147(3) (with s. 144); S.I. 2023/1170, reg. 2(a)(i)Word in Sch. 2 para. 5(3)(b) substituted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 7(4)Words in s. 17H(4) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(3); S.I. 2015/1938, art. 3(f)(vii)S. 106 applied (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 15(2)S. 17R 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. 5(8) (with reg. 1(1)(c))Word in Sch. 15 Pt. 1 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 94(a) (with art. 3)S. 106 applied (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 14(2) (with arts. 14(7), 24(8), 33(2))Words in s. 27H(4) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 13(2)S. 39B(7)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 230(2)(b) (with Sch. 7)Words in s. 17M(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 14(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Word in s. 12(3D) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(s), Sch. 7 para. 8(b)Word in s. 17N(3)-(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 63(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 106 applied (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 21(2) (with art. 37)Words in s. 174(2A)(b)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 61(5) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(8)(b)(ii); S.I. 2017/462, art. 3(k)(vii)Words in s. 17K(2)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 21(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 143(6)-(6D) substituted for s. 143(6)-(9) (1.11.2015) by Water Act 2014 (c. 21), ss. 16(1), 94(3); S.I. 2015/1469, art. 4(a) (with art. 5(4)(5))S. 195(4)-(4B) substituted for s. 195(4)-(6) (14.7.2014) by Water Act 2014 (c. 21), ss. 35, 94(2)(j)S. 106 applied (31.5.2025) by The East Yorkshire Solar Farm Order 2025 (S.I. 2025/585), arts. 1, 16(2) (with art. 49, Sch. 14)S. 14(6A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 2: power to amend conferred (1.10.2010) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 5(2)-(4) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.Word in s. 192B(1)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 89(a) (with art. 3)Words in s. 148(2)(cc) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 100; S.I. 2017/462, art. 3(k)(xv)S. 190 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. 13(10) (with reg. 1(1)(c))Words in s. 202(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(c)Words in s. 152(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 102; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 15(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 56(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 174(1A)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(2)(b)(ii); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Pt. 3 Ch. 2A applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 38Words in s. 147(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 99; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(q) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 208(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 217(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 258(3) (with Sch. 7)Words in s. 217(7) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 258(5) (with Sch. 7)Words in s. 174(2A)(b)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 142(6A)(6B) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(2), 94(2)(h)Words in s. 89(1)(b) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(a)Word in s. 127(3)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 30(2)(c)S. 39B(11)(11A) substituted for s. 39B(11) (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 230(3) (with Sch. 7)S. 106 applied (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), arts. 1, 21(2) (with arts. 40, 45, Sch. 9)Words in s. 27(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 81 (with art. 3)S. 106 applied (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 16(2) (with Sch. 8 para. 45)Words in s. 2(2C)(e) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(4)(b); S.I. 2017/462, art. 3(k)(ii)S. 106 applied (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 24(2) (with arts. 4, 24(8), 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)S. 17K(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 61(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 17M(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 14(4); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 162(1B) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 105(3); S.I. 2017/462, art. 3(k)(xvi)Words in s. 68(1A)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 156(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 249 (with Sch. 7)Word in s. 31(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(9)(b) (with art. 3)Words in s. 174(5A)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(6)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 132(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(6) (with Sch. 7)Word in s. 33(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 86 (with art. 3)S. 2(2A)(e) and word inserted (14.7.2014 for specified purposes, 18.12.2015 in so far as not already in force) by Water Act 2014 (c. 21), ss. 22(2)(b), 94(2)(e); S.I. 2015/1938, art. 2(e)Words in s. 86(4)(c)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 31(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(4) (with art. 3)S. 118 excluded (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 6(1)Word in s. 12(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 141DA inserted (17.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Environment Act 2021 (c. 30), ss. 81, 147(3) (with s. 144); S.I. 2024/639, regs. 2(c), 4Words in s. 63AA title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 63(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(l) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 26(1) substituted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 38; S.I. 2017/462, art. 3(k)(vi)Words in s. 39B(6)(c) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(4)(b)(ii), 94(2)(g)S. 47(3B)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 76(1) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 73(a); S.I. 2017/462, art. 3(k)(viii)Words in s. 8(5)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 13(4), 94(2)(b)S. 37A(9)(9A) substituted for s. 37A(9) (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 229(3) (with Sch. 7)Words in s. 95A(4) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 30(6), 94(3); S.I. 2016/1007, art. 2(e)Words in s. 66I(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(3)(b); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17O(5)(c)(iii) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 23(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 73(1) substituted (1.4.2016) by Explanatory Note 2014 (c. 21), s. 94(3), Sch. 7 para. 70(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 161(3)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 250(2) (with Sch. 7)S. 162(1A)(e) and word inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 105(2)(b); S.I. 2017/462, art. 3(k)(xvi)Word in s. 17R(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 67; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 18(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 179 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. 13(1) (with reg. 1(1)(c))Words in s. 17Q(6) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 15(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 16A(2)-(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 58(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 17O title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 23(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 17L, 17M applied (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. 5(3) (with reg. 1(1)(c))S. 106 applied (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 13(2) (with art. 37)S. 106 applied (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 13(2) (with arts. 37, 38, Sch. 9 para. 19)Words in s. 174(2A) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(4)(d); S.I. 2017/462, art. 3(k)(xvii)S. 22B applied (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. 6(4) (with reg. 1(1)(c))S. 96A(2A)(2B) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 86(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(p) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 91(3)(a) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 176(3)(d)(iii), 186(6); S.I. 2022/1003, reg. 3(b)S. 19 applied (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. 6(2) (with reg. 1(1)(c))S. 106 applied (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 15(2) (with art. 43, Sch. 12 paras. 5, 24)Word in s. 12(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in Sch. 13 para. 4 substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 30(a); S.I. 2017/1286, reg. 2(d)Words in s. 17J(5) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(7); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 118(1A) inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(2)(b), 88(3)(b); S.I. 2023/1096, art. 3Word in s. 22A(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 38A(3) substituted (1.1.2015 for specified purposes, 1.11.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 29(5), 94(3); S.I. 2014/3320, art. 2(2)(a); S.I. 2016/1007, art. 2(d)Words in s. 74(1)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 71(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17G(1)(b) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(3)(e); S.I. 2015/1938, art. 3(f)(vii)S. 106 applied (27.4.2022) by The Little Crow Solar Park Order 2022 (S.I. 2022/436), arts. 1, 9(2)Words in s. 61(5)(b) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(8)(a)(ii); S.I. 2017/462, art. 3(k)(vii)S. 206(3)(ga) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 64; S.I. 2014/251, art. 4S. 106 applied (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 20(2) (with arts. 4, 20(6), 53)Words in s. 146(5)(a) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(5), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 78(1)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 74(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(n) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 154A(7)(a) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17F(5) repealed (14.7.2014) by Water Act 2014 (c. 21), ss. 25(3), 94(2)(f)Words in s. 101A(7) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(2)(a), 94(3); S.I. 2015/1786, art. 2 (with art. 3)S. 19(1A)(1B) substituted for s. 19(1A) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 9(2); S.I. 2014/416, art. 2(1)(e) (with Sch.)S. 17D(5) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(5); S.I. 2017/462, art. 3(k)(iv) (with art. 11)S. 86(1)(c) and word inserted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(3)(b)(ii), 17(2)(h)Words in s. 8(4)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 13(3), 94(2)(b)S. 94A(3)(ea) inserted (23.6.2025 for E., 1.9.2025 for W.) by Water (Special Measures) Act 2025 (c. 5), ss. 5, 17(3)(c)(4)(c); S.I. 2025/726, reg. 2(b); S.I. 2025/936, reg. 2(b)Word in s. 73(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 70(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 101A(11)(b) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(6)(a), 94(3); S.I. 2015/1786, art. 2 (with art. 3)Words in s. 117(5)(a) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 8(2) (with regs. 1(3), 77-79, Sch. 4)S. 106 applied (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 18(2) (with arts. 39, 40, Sch. 9)Words in s. 134(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 246(2) (with Sch. 7)S. 17D(13) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(11); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Words in Sch. 15 Pt. 2 inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 16(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Pt. 2 Ch. 1A 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. 4 (with reg. 1(1)(c))Sch. 11 para. 1(3)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 262(3) (with Sch. 7)Words in s. 6(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(b)(ii)Words in Sch. 13 para. 1(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 263(2) (with Sch. 7)S. 106 applied (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 14(2)S. 17 cross-heading inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(5), 147(3) (with s. 144); S.I. 2022/48, reg. 2(m)Ss. 96B-96N inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247)S. 106 applied (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 19(2) (with arts. 55-57, Sch. 8 para. 13)Words in s. 39A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17G(4)(a)(iii) inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(6); S.I. 2015/1938, art. 3(f)(vii)Sch. 4A para. 8(3)-(6) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.3) Order 2010 (S.I. 2010/2224), arts. 1(1), 2(b)Words in s. 206(3)(b) substituted (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 10Words in Sch. 4A para. 8(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 129(a)S. 75(2)-(12) applied with modifications (15.6.2018) by The Water Supply (Water Quality) Regulations 2018 (S.I. 2018/647), regs. 1(1), 21(4)(5) (with reg. 1(2))Words in s. 87(4)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(b), 186(6); S.I. 2022/1003, reg. 3(a)Words in s. 97(5) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 41(b)S. 17H(1)-(3) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(2); S.I. 2015/1938, art. 3(f)(vii)Ss. 143B-143E inserted (15.7.2015 for the insertion of s. 143C(1)-(7), 1.11.2015 in so far as not already in force) by Water Act 2014 (c. 21), ss. 16(2), 94(3); S.I. 2015/1469, arts. 2(a), 4(a) (with art. 5(4)(5))Words in s. 154A(8) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 25 substituted (1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 37; S.I. 2017/462, art. 3(k)(vi)Ss. 17FA, 17FB inserted (18.12.2015 for the insertion of s. 17FA, 1.4.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 6(2), 94(3); S.I. 2015/1938, art. 2(a)(ii); S.I. 2016/465, art. 2(c) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17J(5A) inserted (1.4.2016) by Explanatory Note 2014 (c. 21), s. 94(3), Sch. 7 para. 20(8); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 206(3)(j) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(6)(c)(ii)Words in s. 2(6B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 74 (with art. 3)Words in s. 17D(8) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(8)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)S. 222 substituted (1.2.1996 for specified purposes and 1.4.2020 in so far as not already in force) by 1995 c. 25, ss. 118(4), 125(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2; S.I. 2020/216, art. 2Sch. 12 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. 13(3) (with reg. 1(1)(c))Words in s. 17C(1) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 11; S.I. 2015/1938, art. 3(f)(i)Words in s. 154A(7)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 18 applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 27(3)Word in s. 31(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 4(2) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 16)Words in s. 134(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 246(3)(a) (with Sch. 7)Words in s. 69(4)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 17(2) (with arts. 5, 17(7), 44)Words in s. 17G(1)(a) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(3)(b); S.I. 2015/1938, art. 3(f)(vii)Sch. 4A para. 8(2)(aa) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 16(2)(b)S. 17M(2)(aa) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 78(4)(b) (with art. 3, Sch. 2 para. 2)S. 153(1)(b) substituted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(2) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)Words in s. 68 cross-heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 66; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (11.7.2025) by The Oaklands Farm Solar Park Order 2025 (S.I. 2025/739), arts. 1, 14(2) (with Sch. 10)S. 106 applied (13.2.2023) by The East Northamptonshire Resource Management Facility Order 2023 (S.I. 2023/110), arts. 1, 11(2) (with art. 9)S. 106 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 15(2) (with art. 39)S. 17B(1)-(4) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 10(3); S.I. 2017/462, art. 3(k)(iii)S. 106 applied (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 15(2) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)Words in ss. 17K(2)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 61(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 154A(7)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(4)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16) S. 61(1ZA) and words inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(2)(b); S.I. 2017/462, art. 3(k)(vii)Words in s. 17J(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(9); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17K(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 61(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 107(3)(b)(i) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(a), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 95B(1) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 85(a); S.I. 2017/462, art. 3(k)(x)Words in s. 32 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 85 (with art. 3)Words in s. 17J(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 24(1A)(b) repealed (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(2)(a); S.I. 2017/462, art. 3(k)(vi)Words in s. 17G(1) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 16(3)(a); S.I. 2015/1938, art. 3(f)(vii)S. 106 applied (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 18(2) (with arts. 18(6), 55, 56)Words in s. 192B(1)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 89(b) (with art. 3)Words in s. 18(1)(b) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 2 para. 1(4) inserted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 3Words in s. 104(2) substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(a), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)Words in s. 206(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 255(2)(a) (with Sch. 7)Words in s. 38A(4) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(6), 94(3); S.I. 2016/1007, art. 2(d)Words in s. 37A(8)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 229(2)(a) (with Sch. 7)Words in s. 96A(3) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 86(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(p) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 14(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 24(2)(d) substituted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(4)(c); S.I. 2017/462, art. 3(k)(vi)Sch. 2 para. 6 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. 3(3)(g) (with reg. 1(1)(c))S. 51A(4)-(8) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(2)(b), 94(3); S.I. 2017/462, art. 4(a); S.I. 2017/1288, art. 3(c)S. 86 heading substituted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(3)(a), 17(2)(h)Words in s. 47(2)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 93B(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 195(2)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 90 (with art. 3)S. 13(A1) inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(4), 147(3) (with s. 144); S.I. 2022/48, reg. 2(m)Words in s. 93B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 42(2)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 51A(3) substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(2)(a), 94(3); S.I. 2017/462, art. 4(a); S.I. 2017/1288, art. 3(c)Word in s. 213(1) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(7), 186(6); S.I. 2022/1003, reg. 3(a)S. 106 applied (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 14(2)Words in s. 93(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 79; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 61(2)(a) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(4)(a); S.I. 2017/462, art. 3(k)(vii)Word in s. 16B heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 59(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 18(1)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17N title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 22(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 18(2) (with Sch. 14)S. 106 applied (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 15(2) (with art. 15(7))S. 106 applied (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 21(2) (with art. 21(8), Sch. 13 Pt. 1 para. 19)S. 203 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(7) (with reg. 1(1)(c))Words in s. 39B(4)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 52(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 127(3)(a) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)S. 17F(7)(h) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 15(4)(c); S.I. 2015/1938, art. 3(f)(v)S. 106 applied (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 17(2) (with arts. 17(2), 36(2))Words in s. 68 title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 39A(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17H(6) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(4)(b); S.I. 2015/1938, art. 3(f)(vii)S. 51A(9A) inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(2)(c), 94(3); S.I. 2017/462, art. 4(a); S.I. 2017/1288, art. 3(c)Words in s. 174(1A)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(2)(c)(i); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 15 Pt. 2 inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 94(b) (with art. 3)Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2Words in s. 101A(10) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)S. 104(4) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(b), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)S. 106 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 12(2) (with arts. 39, 40, Sch. 8 para. 19)S. 22A(13)(14) substituted for s. 22A(13) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 10; S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 87(11) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(g), 186(6); S.I. 2022/1003, reg. 3(a)S. 166 modified (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 102(4)Words in s. 167(1) inserted by 2008 c. 29 Sch. 2 para. 50, which amendment ceases to have effect (1.10.2010) by Flood and Water Management Act 2010 (c. 29), ss. 41(1), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.S. 17O 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. 5(5) (with reg. 1(1)(c))Words in s. 184(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 252 (with Sch. 7)Words in s. 66J(2)(a) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(4)Words in s. 17H(7) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(5)(a); S.I. 2015/1938, art. 3(f)(vii)Word in s. 15(3)-(3C) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 56(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 61(6) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(9); S.I. 2017/462, art. 3(k)(vii)Words in s. 17M(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 14(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 159(2)(c) inserted (E.) (31.10.2021) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(9)(c)Words in s. 133(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 245(b) (with Sch. 7)Words in s. 17N(10)(a)(iv) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 22(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 37A(8)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 47(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 12(2)Words in s. 90(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 78(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 31(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(3)(b) (with art. 3)S. 221(2)-(8) applied (8.4.2010) by Flood and Water Management Act 2010 (c. 29), s. 49(1)(b)(3)(k) (with s. 49(1)(6))S. 106 applied (24.4.2025) by The London Luton Airport Expansion Development Consent Order 2025 (S.I. 2025/463), arts. 1, 19(2) (with Sch. 8 paras. 36(3), 87)Words in s. 202(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 22A(6) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 99(2A)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(c), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 93D(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 105(4)(b) and word repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(b); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))S. 102(4)(za) inserted (1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 90; S.I. 2017/462, art. 3(k)(xi)Word in s. 14(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Word in s. 17Q(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 66(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 155(3)-(6) applied (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 12 para. 7(3) (with art. 40, Sch. 13)S. 153(3A) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 4(5) (with s. 49(1)(6), Sch. 5 para. 4(9)); S.I. 2011/694, art. 3(j)Words in s. 31(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(5)(d) (with art. 3)Word in s. 31(4)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 23(4); S.I. 2024/1226, regs. 1(2), 2(1)(16)S. 23(6)(a)(b) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(8)(c); S.I. 2017/462, art. 3(k)(ee)(v)Word in s. 17O(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 64; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 75(11)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 72(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 174(3A)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 20 applied (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. 6(2) (with reg. 1(1)(c))S. 75(2)-(12) applied (with modifications) (27.6.2016) by The Water Supply (Water Quality) Regulations 2016 (S.I. 2016/614), regs. 1(1), 21(4)(5) (with reg. 1(2)(3))Sch. 2A inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 1; S.I. 2015/1938, art. 3(d)Sch. 2 para. 3(3A) inserted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 6(3)Words in s. 37C substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 48(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 93B(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106(1B) inserted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 16(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)S. 17Q(7)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 79(4) (with art. 3, Sch. 2 para. 2)S. 26 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. 7(6) (with reg. 1(1)(c))Word in s. 22E(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 33(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 96G(6)(a) applied (26.12.2023) by S.I. 2017/1012, reg. 85D (as inserted by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 11 (with s. 247))Word in s. 22E(4)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 33(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 219(1) inserted (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 11Words in s. 22A(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 23(2B)-(2G) inserted (1.10.2010 for specified purposes, 12.1.2024 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 3 (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2024/35, art. 2(b)Word in Sch. 4ZA para. 5 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(6) (with art. 3)S. 86(6)(a)(b) substituted for words in s. 86(6) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(2)(b), 17(5)(a) (with s. 6(3))Words in s. 164(2) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(t), Sch. 7 para. 107Words in s. 93B(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 19(3)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 9(3)(b); S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17P(11) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 24(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 141(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 248 (with Sch. 7)Word in s. 35(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 87 (with art. 3)Words in s. 135A(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 247(2)(b) (with Sch. 7)S. 106 applied (11.11.2020) by The West Burton C (Gas Fired Generating Station) Order 2020 (S.I. 2020/1148), arts. 1, 11(2) (with reg. 11(7))Words in s. 17D(11) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(10)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Words in s. 113(3) substituted (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 96; S.I. 2017/462, art. 4(d)(iii) (as substituted by S.I. 2017/926, art. 2(2))S. 106 applied (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 17(2) (with art. 17(7)(9), 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Sch. 12 Pt. 2 paras. 4(2)(3), 19, Sch. 12 Pt. 4 paras. 3, 4, 16S. 55(1B) inserted (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 5S. 17F(1)-(1E) substituted for s. 17F(1) (1.4.2016) by Water Act 2014 (c. 21), ss. 25(2), 94(3); S.I. 2016/465, art. 2(f) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 16A heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 58(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 192B(1) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 48(2)(a), 71(2)(f) (with Sch. 7 paras. 1, 6, 7)Words in s. 179(4)(b) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 98 (with s. 89); S.I. 2014/768, art. 2(1)(b)Words in s. 2(6)(a) substituted (15.7.2015 for specified purposes, 1.9.2015 for specified purposes, 1.11.2015 for specified purposes, 18.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.9.2016 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(8)(a); S.I. 2015/1469, arts. 2(f)(ii), 3(f)(ii), 4(c)(ii); S.I. 2015/1938, art. 2(g)(ii); S.I. 2016/465, arts. 2(m), 3(g)(ii), Sch. 1 para. 1(c)(iv) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2016/1007, art. 2(h)(aa)(ii); S.I. 2017/462, art. 3(k)(ii)S. 106 applied (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), arts. 1, 18(2) (with arts. 48, 59, Sch. 14)Words in s. 154A(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 2(1) substituted (15.7.2015 for specified purposes, 1.9.2015 for specified purposes, 1.11.2015 for specified purposes, 18.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.9.2016 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(2); S.I. 2015/1469, arts. 2(f)(ii), 3(f)(ii), 4(c)(ii); S.I. 2015/1938, art. 2(g)(ii); S.I. 2016/465, arts. 2(m), 3(g)(ii), Sch. 1 para. 1(c)(iv) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2016/1007, art. 2(h)(aa)(ii); S.I. 2017/462, art. 3(k)(ii)Words in s. 143A(3)(b) inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 13(2), 17(5)(b)S. 14B(2)(aa) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(4)(b) (with art. 3, Sch. 2 para. 2)S. 100 repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 88; S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))Words in s. 17D(8) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(8)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)S. 63(3A) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 61; S.I. 2017/462, art. 3(k)(vii)Words in s. 61(3)(a) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(6)(b); S.I. 2017/462, art. 3(k)(vii)Word in s. 14B(2)(a) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(4)(a) (with art. 3, Sch. 2 para. 2)Words in s. 86(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 87(7A)(7B) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(2)(e), 186(6); S.I. 2022/1003, reg. 3(a)S. 96A(1A)(1B) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 86(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(p) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 195 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(1) (with reg. 1(1)(c))Words in s. 22C(1) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 26(1), 94(2)(g) (with s. 26(2))Words in Sch. 2 para. 2(3) substituted (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 1(3) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j) (with art. 5(3))S. 66F repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 6; S.I. 2017/462, art. 3(i)(v) (with arts. 6-9)Words in s. 132(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(4)(b) (with Sch. 7)Word in s. 22C(1)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 32(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 16B(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 13(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 17L(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 62; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 66G(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 7(4)(a); S.I. 2017/462, art. 3(i)(v)Word in s. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 106 applied (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 21(2) (with art. 21(7))Words in s. 39A(2B) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 4A para. 8(2)(d)(ii) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 16(2)(d)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)Words in s. 17J(12)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(12)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 66H(4)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 235(2) (with Sch. 7)Words in s. 17R(2)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 25(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 22A(1)(b)(iii) and word inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(3)(b)Words in s. 174(2A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 89(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(i), 186(6); S.I. 2022/1003, reg. 3(a)Word in s. 17M(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 78(2) (with art. 3, Sch. 2 para. 2)Words in s. 146(5) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(4); S.I. 2017/462, art. 3(k)(bb)(xiv)Words in s. 174(3A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(5)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 94 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. 10(2) (with reg. 1(1)(c))S. 87(12) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(h), 186(6); S.I. 2022/1003, reg. 3(a)S. 106 applied (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 17(2) (with arts. 17(7), 24(2), Sch. 6 para. 3)Word in s. 17N(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 63(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in Sch. 4A para. 8(2) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 53 (with arts. 1(3), 3)Words in ss. 17Q(2)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 66(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 61(5)(b) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(8)(a)(i); S.I. 2017/462, art. 3(k)(vii)Words in s. 221(7) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 260(3) (with Sch. 7)S. 98(2B) omitted (E.) (31.10.2021) by virtue of The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(6)Words in s. 5(4)(b) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 226(3) (with Sch. 7)S. 17E(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 14(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(h) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 31(8)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 5; S.I. 2014/416, art. 2(1)(f) (with Sch.)Pt. 7A inserted (1.4.2016) by Water Act 2014 (c. 21), ss. 37(2), 94(3); S.I. 2016/465, art. 2(g) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 17N(12)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 22(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 22D applied (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. 6(4) (with reg. 1(1)(c))S. 106 applied (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), arts. 1, 18(2) (with art. 49, Sch. 15)Word in s. 17K(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 61(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in Sch. 2 para. 1(3A)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 122(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 17N(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 63(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 67 applied (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 2(5) (with reg. 9)Words in s. 97(5) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 41(a)Word in s. 14 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 68(6)(7) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(7); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 17K(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 61(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 158 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. 12(1) (with reg. 1(1)(c))Words in s. 91(2) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(c), 186(6); S.I. 2022/1003, reg. 3(b)Words in s. 17E(2)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 14(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(h) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 39A(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 91 substituted (26.3.2010 for E.) by Water Act 2003 (c. 37), ss. 58(7), 105(3); S.I. 2010/975, art. 2(a)Words in s. 22E(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 33(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 7 repealed (26.3.2010 for E.) by Water Act 2003 (c. 37), ss. 58(9), 105(3), Sch. 9 Pt. 3; S.I. 2010/975, art. 2S. 106 applied (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023 (S.I. 2023/815), arts. 1, 16(2) (with art. 42)Words in s. 90(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 78(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 8 paras. 2-4 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)Words in s. 68(3A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 78(3) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 74(3); S.I. 2017/462, art. 3(k)(ix)S. 154A inserted (1.7.2012) by Water Industry (Financial Assistance) Act 2012 (c. 8), ss. 1, 3(2)Words in s. 2(5A)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(7)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 15(2) (with art. 45, Sch. 14)Words in s. 17P(10)-(11) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 65(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 24(7)(b) substituted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(5); S.I. 2017/462, art. 3(k)(vi)Words in s. 17H(7)(b) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(5)(c); S.I. 2015/1938, art. 3(f)(vii)Words in s. 169(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 22(3); S.I. 2016/733, reg. 3(h) (with reg. 6)Words in s. 93D(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 27H(3) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 154A(8) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 89(1)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(a)Words in s. 29(8)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 45(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 99(1)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(a), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 12(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 53(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 206(3)(b) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(6)(b)(i)Pt. 4 Ch. 3 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)Word in s. 16B(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 59(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Ss. 110A-110J substituted for s. 110A (1.11.2016 for the substitution of ss. 110A, 110B, 110J, 1.4.2018 for E. for specified purposes, 1.4.2019 for W. in so far as not already in force) by Water Act 2014 (c. 21), ss. 9(1), 94(3) (with s. 9(2)(3)); S.I. 2016/1007, art. 2(c)(i); S.I. 2017/1288, art. 3(b); S.I. 2018/397, art. 2(b)Words in s. 69(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 132(2)(ai)(bi) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(b)(ii) (with Sch. 7)Pt. 4 Ch. 2A inserted (1.9.2015 for the insertion of s. 117G (except s. 117G(2)(e)(7)), 1.9.2015 for the insertion of s. 117K (except s. 117K(2)(e)(8)), 1.4.2016 for the insertion of ss. 117G(2)(e), 117P(4), 117R, 117S, 1.9.2016 for the insertion of ss. 117I for specified purposes, 117J, 117K(2)(e)(8), 117L, 30.3.2017 for the insertion of s. 117G so far as not already in force and ss. 117F, 117H) by Water Act 2014 (c. 21), s. 94(3), Sch. 4; S.I. 2015/773, art. 3(d) (with art. 5); S.I. 2015/1469, art. 3(e); S.I. 2016/465, arts. 2(k), 3(f) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/462, art. 2(d)Words in s. 108(1) inserted (1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(5), 94(3); S.I. 2017/1288, art. 3(d)Word in s. 14B(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(2) (with art. 3, Sch. 2 para. 2)S. 31(8A) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 23(7); S.I. 2024/1226, regs. 1(2), 2(1)(16)Words in s. 195A(3) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 112(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(w) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 9(2) (with art. 5)S. 17B(9) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 10(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(f) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 15(2) (with arts. 15(7), 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)Words in s. 61(3)(b) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(6)(c); S.I. 2017/462, art. 3(k)(vii)Ss. 94A-94E inserted (1.9.2024 for E., 1.3.2025 for W.) by Environment Act 2021 (c. 30), ss. 79, 147(3)(4) (with s. 144); S.I. 2024/639, reg. 3; S.I. 2025/175, reg. 3Words in s. 87(6) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(c), 186(6); S.I. 2022/1003, reg. 3(a)Words in s. 123(3)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 240(3) (with Sch. 7)Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 154A(7)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 103(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(r) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 185(5) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 20, 94(3); S.I. 2017/462, art. 5(c) (with art. 14)Sch. 16 inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 6; S.I. 2016/465, art. 2(l) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 14(2) (with art. 14(7))Words in s. 93C(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 82(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 14B(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 18 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. 6(1) (with reg. 1(1)(c))Words in s. 138(1B)(a) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 8(3) (with regs. 1(3), 77-79, Sch. 4)Words in s. 12(3B) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(s), Sch. 7 para. 8(a)Ss. 63AC-63AF substituted for s. 63AC (1.4.2017) by Water Act 2014 (c. 21), ss. 31, 94(3); S.I. 2017/462, art. 3(f)Words in s. 17I(2)(b)(ii) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 2 para. 1(3A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 122(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(bb) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (19.1.2021) by The Network Rail (Suffolk Level Crossing Reduction) Order 2020 (S.I. 2020/1663), arts. 1, 17(2)Words in s. 93A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 208(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 3 para. 8(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(vii)Word in s. 31(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 23(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)S. 211(ba) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 118; S.I. 2017/462, art. 3(k)(xxi)S. 106 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 13(2) (with art. 26(2))S. 106 applied (12.10.2025) by The Gatwick Airport (Northern Runway Project) Development Consent Order 2025 (S.I. 2025/1054), arts. 1, 22(2) (with arts. 5, 9(6), 43, Sch. 9)S. 106 applied (28.10.2016) by The Brechfa Forest Wind Farm Connection Order 2016 (S.I. 2016/987), arts. 1, 15(2) (with arts. 15(7), 37)S. 10(3A) inserted (1.11.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 7(3); S.I. 2016/1007, art. 2(h)(iii) (with transitional provisions (22.3.2017) in S.I. 2017/462, art. 14)Words in s. 93D(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 17(2)Words in s. 17D(7) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(7)(c); S.I. 2017/462, art. 3(k)(iv) (with art. 11)Word in Sch. 4A para. 8(2)(d)(i) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 16(2)(c)S. 101B(3A) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(b), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 17M(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 14(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 93A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 174(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 108(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(u)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Pt. 4 Ch. 3 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)Words in s. 17F(4) substituted (1.4.2016) by Water Act 2014 (c. 21), ss. 25(4), 94(3); S.I. 2016/465, art. 2(f) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 16(2) (with arts. 16(7), 34(2), Sch. 12 paras. 5, 47, 79)Word in s. 22A(1)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 66G(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 7(4)(b); S.I. 2017/462, art. 3(i)(v)S. 106 applied (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 18(2) (with art. 32, Sch. 9 para. 36)Words in s. 17K(1)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 21(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 18(2) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 118 excluded (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 6(1) (with art. 45, Sch. 14)S. 27C(1)(f) and word inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 41(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 206(3)(ca) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 50 (with s. 49(1)(6)); S.I. 2011/694, art. 3(h)S. 17B title substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 10(2); S.I. 2017/462, art. 3(k)(iii)S. 80: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))Words in s. 16A(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 58(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 131 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 243(2) (with Sch. 7)Words in Sch. 13 para. 1(5A) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 137(a); S.I. 2011/2329, art. 3S. 107(7) inserted (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 95; S.I. 2017/462, art. 4(d)(iii) (as substituted by S.I. 2017/926, art. 2(2))Word in s. 31(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(2) (with art. 3)Words in s. 63AA(1)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 63(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(l) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 195A(1)(f) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 112(2); S.I. 2017/462, art. 3(k)(xix)S. 106 modified (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 10(2) (with art. 26)Ss. 105ZA-105ZI inserted (18.12.2015 for the insertion of ss. 105ZF-105ZI, 1.4.2017 for E. for the insertion of s. 105ZD, 1.10.2017 for E. in so far as not already in force, 1.4.2019 for W. in so far as not already in force) by Water Act 2014 (c. 21), ss. 11(3), 94(3); S.I. 2015/1938, art. 2(c)(ii); S.I. 2017/462, arts. 3(e)(ii), 4(b); S.I. 2017/1288, art. 3(d)Words in s. 132(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(4)(a) (with Sch. 7)S. 95ZA inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 30(1), 94(3); S.I. 2016/1007, art. 2(e)S. 106 applied (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), arts. 1, 16(2)Words in s. 2(6A) substituted (6.4.2015) by Water Act 2014 (c. 21), ss. 24(2), 94(3); S.I. 2015/773, art. 2(1)(c) (with art. 4)Sch. 2 para. 3(1A) inserted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 6(2)Word in s. 15(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 56(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 23(2A) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(3)(b); S.I. 2017/462, art. 3(k)(cc)(v)Ss. 110K-110O and cross-heading inserted (6.3.2017 for the insertion of s. 110K, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), ss. 32, 94(3); S.I. 2017/58, art. 2(a) (with art. 3(2)); S.I. 2017/462, art. 3(g)Word in s. 206(9A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 92(3) (with art. 3)Words in s. 208(1) substituted (1.4.2016) by Explanatory Note 2014 (c. 21), s. 94(3), Sch. 7 para. 117(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in s. 31(8)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 23(6); S.I. 2024/1226, regs. 1(2), 2(1)(16)S. 106 applied (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 16(2) (with arts. 16(7), 31(2))S. 25(2)-(4) inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 16(c), 17(5)(e)S. 86ZA inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 40(1), 94(3); S.I. 2014/1823, art. 2(a)S. 90A(5A) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(6), 186(6); S.I. 2022/1003, reg. 3(a)S. 146(3A) inserted (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(2); S.I. 2017/462, art. 4(d)(iv) (as substituted by S.I. 2017/926, art. 2(2))Words in s. 63AB title substituted (6.3.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 64(2); S.I. 2017/58, art. 2(c) (with art. 3(1))S. 87(6A)(6B) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(d), 186(6); S.I. 2022/1003, reg. 3(a)S. 106 applied (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 19(2) (with arts. 5, 19(7))S. 106 applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 17(2) (with art. 31)S. 106 applied (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 15(2) (with arts. 15(6), 51, 56)Words in s. 69(6)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 14B(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(5) (with art. 3, Sch. 2 para. 2)Words in s. 17E(2)(b) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 14(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(h) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 2 para. 1 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. 3(3)(b) (with reg. 1(1)(c))Words in s. 21(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 29(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 14(2) (with art. 14(7), Sch. 8 para. 20)S. 106 applied (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 14(2) (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)S. 114A and cross-heading inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 21(1), 94(2)(d)Pt. 4 Ch. 4 inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 80(1), 147(2)(j) (with s. 144)S. 92(1)(a) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 3(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 209(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 256 (with Sch. 7)Words in s. 93B(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 86(6) substituted (1.4.2016) by water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 13(2) (with arts. 18, 35, Sch. 9)Pt. 4 Ch. 2A applied (with modifications) (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 53Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 61(5) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(8)(b)(iii); S.I. 2017/462, art. 3(k)(vii)Words in s. 68(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 66H(4)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 235(3) (with Sch. 7)Word in s. 31(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(3)(a) (with art. 3)Words in Sch. 13 para. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(f)Sch. 2 para. 5(2)(f)(i)-(iii) substituted for words (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 7(2)Words in s. 17J(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(5)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17F(2) repealed (14.7.2014) by Water Act 2014 (c. 21), ss. 25(3), 94(2)(f)S. 43A repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 55; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))S. 24(4)(5) ceases to have effect (1.10.2010 for specified purposes, 15.3.2024 in so far as not already in force) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 6(2) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2024/363, art. 2(b)Words in s. 29(9) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 45(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), arts. 1, 17(2)S. 17Q(11) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 15(4); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 18 applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 1 para. 3(7)Words in s. 18(6)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 205 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(8) (with reg. 1(1)(c))Word in s. 21(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 29(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 6 Pt. 2 applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), art. 1, Sch. 6 para. 8(2) (with art. 31)Sch. 2 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. 3(3)(a) (with reg. 1(1)(c))Words in s. 217(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 258(4) (with Sch. 7)Words in s. 17M(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 14(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 87(4)(a) substituted (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 35(4), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 98(2)(ca) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 42Ss. 16C, 16D inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 15, 17(5)(d)S. 192B(5A) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 48(2)(b), 71(2)(f) (with Sch. 7 paras. 1, 6, 7)S. 106 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 15(2) (with art. 37)S. 106 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 16(6)S. 195(3B)(3C) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 33(3)(c), 94(2)(h)S. 17G(4)(a)(v) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 228(3) (with Sch. 7)S. 33(6A) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 15, 94(2)(c)Words in s. 146(4) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(3)(a); S.I. 2017/462, art. 3(k)(bb)(xiv)Words in s. 69(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 20(2) (with art. 3(1))Words in s. 101A(9) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)S. 106 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 17(2)Words in s. 215(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 257(a) (with Sch. 7)S. 106 applied (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), arts. 1, 16(2) (with art. 47, Sch. 15)Words in s. 17O(10)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 23(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 17I(5A) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 19(7); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Word in Sch. 2 para. 5(2)(g) substituted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 7(3)Words in s. 17O(10) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 23(5)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 2(6)(c) repealed (15.7.2015 for specified purposes, 1.9.2015 for specified purposes, 1.11.2015 for specified purposes, 18.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.9.2016 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(8)(c); S.I. 2015/1469, arts. 2(f)(ii), 3(f)(ii), 4(c)(ii); S.I. 2015/1938, art. 2(g)(ii); S.I. 2016/465, arts. 2(m), 3(g)(ii), Sch. 1 para. 1(c)(iv) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2016/1007, art. 2(h)(aa)(ii); S.I. 2017/462, art. 3(k)(ii)Words in s. 2(2A)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(c)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 24(2) (with art. 6, Sch. 10)Word in s. 22A(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Pt. 2A inserted (1.10.2010 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 35(1), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.Words in s. 17J(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 19(3)(b) substituted (20.4.2010) by The Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010 (S.I. 2010/996), regs. 1, 2(2)Words in s. 14B(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 93C(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 82(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 99(6)(b) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(e), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)S. 24(1B) inserted (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(3); S.I. 2017/462, art. 3(k)(vi)S. 106 applied (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 15(2) (with art. 15(7), Sch. 8 para. 10)Word in s. 17Q(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 66(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 39A(1A)(1B) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 38A(aa) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(b), 94(3); S.I. 2016/1007, art. 2(d)Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2S. 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))Ss. 88B-88O omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(4), 186(6); S.I. 2022/1003, reg. 3(a)S. 106 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 11(2) (with art. 30)S. 18 applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 30(4)Word in s. 22A(6)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(5)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 107(4A)(c) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(f), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)S. 101B(4)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(c), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)Words in s. 93B(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), arts. 1, 18(2) (with art. 18(6), Sch. 11 paras. 5, 22, 37, 47, 82, 110)S. 106 applied (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 20(2) (with arts. 5, 20(6), 53, Sch. 8 paras. 6, 64)S. 113(6) modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)Ss. 17BA, 17BB inserted (1.1.2016 for the substitution of s. 17BA(2)-(5), 1.4.2016 for the insertion of s. 17BA(1) for specified purposes and ss. 17BA(7), 17BB(2)-(4)) by Water Act 2014 (c. 21), ss. 4(1), 94(3); S.I. 2015/1938, art. 3(b)(i); S.I. 2016/465, art. 2(b)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in Sch. 2 para. 3(2)(b) added (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 2 (with s. 49(1)(6)); S.I. 2011/694, art. 3(j) (with art. 5(3))Words in s. 17N(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 63(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in Sch. 4A para. 8(2) omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.3) Order 2010 (S.I. 2010/2224), arts. 1(1), 2(a)Words in s. 17P(10) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 24(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 16(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 57; S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 42(5) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 42(1)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)Words in s. 179(1A) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 110; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 206(3)(a) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(6)(a)Words in Sch. 4A para. 12(1) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 20; S.I. 2015/1329, reg. 6(b)Words in s. 17J(8)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 20(10); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 24(1A)(a) repealed (1.4.2017 except as it relates to qualifying sewerage licensees) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 36(2)(a); S.I. 2017/462, art. 3(k)(vi)S. 117P(1) excluded (1.4.2017) by The Sewerage Services (Exception from Sewerage System Prohibition) (England) Regulations 2017 (S.I. 2017/244), regs. 1, 2(1)Words in s. 17H(7)(a) repealed (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 17(5)(b); S.I. 2015/1938, art. 3(f)(vii)Words in s. 91(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(b)(i), 186(6); S.I. 2022/1003, reg. 3(b)Words in s. 52(4A)(a) inserted (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 4S. 27H(1)(d) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 43(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 96G(6)(a) applied (26.12.2023) by S.I. 2015/810, reg. 9A(7) (as inserted by Levelling-up and Regeneration Act 2023 (c. 55), ss. 170(2), 255(6) (with s. 247))Words in s. 3(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 224(4) (with Sch. 7)Word in s. 203(6) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 36(3), 94(2)(j)Words in Sch. 4ZA para. 3(3)-(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(b)(ii) (with art. 3)Word in Pt. 4 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 84; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)S. 106 applied (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), arts. 1, 14(2) (with art. 44, Sch. 12)S. 106 applied (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 16(2)S. 106(8) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 21 para. 7Word in s. 15(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 56(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 106 applied (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 16(2) (with Sch. 8 Pt. 6 para. 19)Word in s. 159(2)(a) omitted (E.) (31.10.2021) by virtue of The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(9)(a)Words in s. 91(6) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(e)(i), 186(6); S.I. 2022/1003, reg. 3(b)Word in s. 22A(2)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Sch. 11 applied (with modifications) (1.7.2015) by The National Park Authorities (England) Order 2015 (S.I. 2015/770), art. 1, Sch. 3 para. 5(1)Sch. 3 para. 8(a) and word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)(vi)S. 169(2)(a) and word omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 22(2); S.I. 2016/733, reg. 3(h) (with reg. 6)Sch. 1A para. 9(3)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 261 (with Sch. 7)Words in s. 61(2) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 60(4)(b); S.I. 2017/462, art. 3(k)(vii)S. 13 cross-heading substituted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(3), 147(3) (with s. 144); S.I. 2022/48, reg. 2(m)Words in s. 71(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 236(3) (with Sch. 7)S. 106 applied (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), arts. 1, 16(2) (with art. 48, Sch. 15)Words in s. 42(6)(b) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(d), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)S. 17P title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 24(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Words in s. 23(6) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 35(8)(a); S.I. 2017/462, art. 3(k)(ee)(v)Words in s. 2(2D) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 3(5); S.I. 2017/462, art. 3(k)(ii)S. 106 applied (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 21(2) (with arts. 48, 68, 79)Words in s. 38A(b) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(c), 94(3); S.I. 2016/1007, art. 2(d)S. 159 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. 12(2) (with reg. 1(1)(c))S. 66CA inserted (1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 2; S.I. 2017/462, art. 3(i)(ii)Words in s. 206(3)(k) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 30(3)S. 101A(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 237(4) (with Sch. 7)S. 33D inserted (18.12.2015) by Water Act 2014 (c. 21), ss. 14(3), 94(3); S.I. 2015/1938, art. 2(d)Sch. 2 para. 2(7ZA) inserted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 4Sch. 2 para. 5 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. 3(3)(f) (with reg. 1(1)(c))Words in s. 22A(8)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 31(7); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Pt. 2 Ch. 1A 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. 5(1) (with reg. 1(1)(c))Words in s. 205(4)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 115(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(y) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)Ss. 205A-205C and cross-heading inserted (23.6.2025 for E., 1.9.2025 for W.) by Water (Special Measures) Act 2025 (c. 5), ss. 3, 17(3)(a)(4)(a); S.I. 2025/726, reg. 2(a); S.I. 2025/936, reg. 2(a)S. 195A applied (with modifications) (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 11(6)S. 143D applied (with modifications) by S.I. 2013/1582, Sch. 11(2C) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(d))S. 195(2)(bc) modified (1.12.2005) by The Water Supply Licence (New Customer Exception) Regulations 2005 (S.I. 2005/3076), reg. 5(2) (as amended (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 9)S. 96ZA(2) modified (temp.) (1.7.2015) by The Water Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2015 (S.I. 2015/1469), art. 5(2)(5)S. 106 applied (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 15(2) (with arts. 15(6), 41, 42, Sch. 16)S. 144ZF applied (with modifications) by S.I. 2013/1582, Sch. 11(3B) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(f))S. 91 excluded (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 37(4), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)S. 27 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. 8 (with reg. 1(1)(c)) (as amended (10.1.2015) by S.I. 2015/22, regs. 1(1), 5)Pt. 2 Ch. 1A 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. 4 (with reg. 1(1)(c)) (as amended (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 3)S. 143C applied (with modifications) by S.I. 2013/1582, Sch. 11(2B) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(d))S. 106 applied (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 20(2) (with art. 53)S. 143E applied (with modifications) by S.I. 2013/1582, Sch. 11(2D) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(d))Act: power to amend conferred (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c)S. 39ZA(2)(a) modified (temp.) (1.7.2015) by The Water Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2015 (S.I. 2015/1469), art. 5(1)(5)Act applied (Isles of Scilly) (with modifications) (1.11.2019) by The Isles of Scilly (Application of Water Legislation) Order 2019 (S.I. 2019/1259), arts. 2(1), 4 (as amended (27.3.2020) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), art. 6)S. 143 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. 11(2) (with reg. 1(1)(c)) (as amended (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(b))S. 144ZE applied (with modifications) by S.I. 2013/1582, Sch. 11(3A) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(f))S. 106 applied (4.4.2025) by The North Lincolnshire Green Energy Park Order 2025 (S.I. 2025/362), arts. 1, 37(2) (with Sch. 14)S. 144 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. 11(3) (with reg. 1(1)(c)) (as amended (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(e))S. 17K 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. 5(2) (with reg. 1(1)(c)) (as amended (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 4(a))S. 17P 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. 5(6) (with reg. 1(1)(c)) (as amended (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 4(b))Act: references to the Director General of Water Services (“the Director”, “him”, “he”) have effect as references to the Water Services Regulation Authority (“the Authority”, ”it”) (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)S. 106 applied (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), arts. 1(2), 16(2) (with arts. 42, 43, Sch. 18)S. 143B applied (with modifications) by S.I. 2013/1582, Sch. 11(2A) (as inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(d))Words in s. 127 sidenote substituted (1.4.1996) by 1995 c. 25, ss. 120(1), Sch. 22 para. 107 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in s. 132(8) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 195(2)(bc) expressed to be inserted (3.10.2016) after the words "the Water Supply Licence (New Customer Exception) Regulations 2005" by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 9Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)S. 87A(3A) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(3), 186(6); S.I. 2022/1003, reg. 3(a)S. 110L(3A) inserted (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), reg. 1(2), Sch. 2 para. 8Words in s. 132(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in s. 127(1) substituted (1.4.1996) by 1995 c. 25, ss. 120(1), Sch. 22 para. 107 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Sch. 11 para. 1(3)(e) substituted (24.5.2007) by The Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 8(a) (with art. 1(3))Words in s. 132(2)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in Sch. 15 Pt. 2 omitted (6.4.2025 for specified purposes) by The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 10Words Sch. 11 para. 10 omitted (24.5.2007) by virtue of The Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 8(b) (with art. 1(3))s. 87(7G) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(f), 186(6); S.I. 2022/1003, reg. 3(a)Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in s. 132(4)(c) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 131 sidenote substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 109 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)Words in s. 68(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)