(1)There 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.
(2)In Welsh the Council may be known as “Cyngor Defnyddwyr Dŵr”.
(3)The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
(4)The Council shall establish such committees of the Council—
(a)as the Assembly may direct, for relevant undertakers whose areas are wholly or mainly in Wales; and
(b)as the Secretary of State may direct, for other relevant undertakers.
(5)A direction under subsection (4) above may provide for the allocation of each relevant undertaker to a committee specified in the direction.
(6)The 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.
(7)After the end of the period mentioned in subsection (6) above the Council may (subject to paragraph 11 of Schedule 3A to this Act)—
(a)establish such committees for relevant undertakers as it considers appropriate; or
(b)alter the allocation of a relevant undertaker to a committee established under this section.
(8)The Council shall ensure that each relevant undertaker is allocated to a committee established under this section.
(9)A committee established under this section is referred to in this Act as a “regional committee”.
(10)The purposes of a regional committee shall be—
(a)the provision of advice and information to the Council on consumer matters affecting the areas of the relevant undertakers allocated to that committee;
(b)such other purposes as the Council may determine.
(11)The provisions of Schedule 3A to this Act (which makes further provision about the Council and regional committees) shall have effect.
(12)The 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.
(13)In 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 licensed water suppliers acting in their capacity as such; and
the provision of sewerage services by sewerage undertakers; and
“consumer matter” means any matter connected with the interests of consumers.
Textual Amendments
F1Ss. 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)
(1)This section imposes duties on—
(a)the Authority and the Council;
(b)the Council and the Secretary of State; and
(c)the Council and the Assembly.
(2)It shall be the duty of the bodies mentioned in each paragraph of subsection (1) above to make arrangements with a view to securing—
(a)co-operation and the exchange of information between them; and
(b)the consistent treatment of matters which affect both of them.
(3)As soon as practicable after agreement is reached on any arrangements required by this section, the parties shall prepare a memorandum setting them out.
(4)Arrangements under this section shall be kept under review by the parties.
(5)As soon as practicable after agreement is reached on any changes to arrangements under this section, the parties shall revise their memorandum.
(6)Parties 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).
(7)The Secretary of State shall lay a copy of every memorandum or revised memorandum under this section before each House of Parliament.]
Textual Amendments
F1Ss. 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)
(1)Every company holding an appointment under Chapter I of this Part shall be allocated by the Director to a committee established and maintained by him for the purpose, in relation to such companies as may be allocated to it, of carrying out—
(a)the functions assigned by this Act to such a committee; and
(b)such other functions as the committees maintained under this section may be required to carry out by the Director.
(2)The committees maintained under this section shall be known as customer service committees.
(3)There shall not at any time be more than ten customer service committees, but it shall be the duty of the Director so to exercise his powers under this section to establish and maintain customer service committees and to allocate companies to those committees as to secure that at all times—
(a)such customer service committees are maintained; and
(b)such allocations under subsection (1) above are in force,
as he considers appropriate for ensuring that the interests of the customers and potential customers of the companies for the time being holding appointments under Chapter I of this Part are effectively represented.
(4)A customer service committee shall consist of—
(a)a chairman appointed by the Director after consultation with the Secretary of State; and
(b)such number (not less than ten nor more than twenty) of other members appointed by the Director as the Director may determine.
(5)In appointing persons to be members of a customer service committee the Director shall have regard to—
(a)the desirability of the persons appointed being persons who have experience of, and have shown capacity in, some matter relevant to—
(i)the functions of a water undertaker or sewerage undertaker; or
(ii)the carrying out of those functions in relation to any area by a company which the Director has allocated, or is proposing to allocate, to that committee;
and
(b)the desirability of—
(i)the committee including one or more persons with experience of work among, and the special needs of, disabled persons; and
(ii)persons appointed by virtue of this paragraph including disabled persons.
(6)An appointment of a person to hold office as the chairman of a customer service committee shall be for a term not exceeding four years.
(7)Subject to subsection (6) above, the chairman and other members of a customer service committee shall hold and vacate office in accordance with the terms of their appointments and, notwithstanding that subsection, shall on ceasing to hold office be eligible for re-appointment.
(8)The provisions of Schedule 4 to this Act shall have effect with respect to customer service committees.
Editorial Information
X1The insertion of the new cross-heading "The Consumer Council for Water" 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.
X2The 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.
(1)It shall be the duty of a customer service committee—
(a)to keep under review all matters appearing to the committee to affect the interests of the persons who are customers or potential customers of the companies allocated to the committee;
(b)to consult each company so allocated about such of those matters as appear to affect the interests of the customers or potential customers of that company; and
(c)to make to a company so allocated all such representations about any such matter as the committee considers appropriate.
(2)Subject to subsection (3) below, it shall be the duty of a customer service committee to investigate any complaint which—
(a)is made to the committee by any person who is a customer or potential customer of a company allocated to the committee or is referred to the committee by the Director under section 30 below;
(b)does not appear to the committee to be vexatious or frivolous; and
(c)relates to the carrying out by that company of any of the functions of a relevant undertaker.
(3)It shall be the duty of a customer service committee to refer to the Director every complaint which is made to the committee by any person in relation to a company allocated to the committee and consists in or amounts to—
(a)an assertion that the company is contravening or has contravened any condition of the company’s appointment under Chapter I of this Part or any statutory or other requirement enforceable under section 18 above; or
(b)a complaint which the Director would be required to investigate under section 181 below.
(4)It shall be the duty of a customer service committee, where the committee considers it appropriate to do so in connection with any such complaint as is mentioned in subsection (2) above, to make representations on behalf of the complainant to the company in question about any matter—
(a)to which the complaint relates; or
(b)which appears to the committee to be relevant to the subject-matter of the complaint;
and it shall be the duty of a customer service committee to refer to the Director or, as the case may be, back to the Director any such complaint as is so mentioned which the committee is unable to resolve.
(5)The only remedy for a breach by a customer service committee of a duty imposed on it by this section shall be the making of such a complaint to the Director as the Director is required to consider under section 30(3)(c) below.
(6)It shall be the duty of the Director to make such arrangements as he considers appropriate for facilitating the provision by one customer service committee to another of any such information as that other committee may require for any purpose relating to the carrying out of its functions.
Editorial Information
X3The insertion of the new cross-heading "The Consumer Council for Water" 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.
X4The 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.
(1)Where a complaint is made to the Director by a customer or potential customer of a company allocated to a customer service committee and the complaint does not consist in or amount to—
(a)an assertion that the company is contravening or has contravened any condition of the company’s appointment under Chapter I of this Part or any statutory or other requirement enforceable under section 18 above; or
(b)a complaint which the Director is required to investigate under section 181 below,
it shall be the duty of the Director to consider whether the complaint should be referred to that committee, instead of being dealt with by the Director himself.
(2)Where a complaint which does consist in or amount to such an assertion as is mentioned in subsection (2)(a) above—
(a)is made to the Director by a customer or potential customer of any company allocated to a customer service committee; or
(b)is referred to him by such a committee,
it shall be the duty of the Director to consider whether the complaint should be referred by him to the Secretary of State.
(3)It shall be the duty of the Director to consider the following complaints, that is to say—
(a)any complaint to which the duty imposed by subsection (2) above applies and which is not referred by the Director to the Secretary of State;
(b)any complaint which is referred to the Director under section 29(4) above; and
(c)any complaint made to the Director by a customer or potential customer of a company allocated to a customer service committee that the committee has failed to perform any duty imposed on it by section 29(1) to (4) above.
(4)It shall be the duty of the Director to take such steps in consequence of his consideration of any matter in pursuance of this section (including, in a case falling within subsection (3)(b) or (c) above, any step which could have been taken by the committee itself) as he considers appropriate.
Editorial Information
X5The insertion of the new cross-heading "The Consumer Council for Water" 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.
Modifications etc. (not altering text)
C1The 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.
(1)In this section “relevant dispute” means a dispute which, by virtue of any provision of this Act, may be referred to the Director for determination under this section.
(2)The practice and procedure to be followed in connection with the reference to the Director of any relevant dispute shall be such as he considers appropriate.
(3)Where the Director determines any dispute under this section he shall give his reasons for reaching his decision with respect to the dispute.
(4)On making a determination under this section the Director 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 Director) as he considers appropriate.
(5)A determination under this section—
(a)shall be final; and
(b)shall be enforceable as if it were a judgment of a county court, in so far as it includes such provision as to costs or expenses as is mentioned in subsection (4) above.
(6)The Director 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.
(7)In including in any determination under this section any provision as to costs or expenses, the Director shall have regard to the conduct and means of the parties and any other relevant circumstances.]
Editorial Information
X6The insertion of the new cross-heading "The Consumer Council for Water" 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.
X7The 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.
Textual Amendments
F2S. 30A inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.34; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 4, Sch. Pt.II