Water Industry Act 1991

27 General duty of Director to keep matters under review.E+W

(1)It shall be the duty of the Director, so far as it appears to him 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

[F1(a)water undertakers or sewerage undertakers carry out functions; and

(b)[F2water supply licensees or sewerage licensees] carry on activities authorised by their licences.]

(2)It shall also be the duty of the Director, so far as it appears to him practicable from time to time to do so, to collect information with respect to—

(a)the carrying out by companies appointed under Chapter I of this Part of the functions of relevant undertakers; or

[F3(aa)the carrying on by [F4persons] holding licences under Chapter 1A of this Part of the activities authorised by their licences; or]

(b)any [F5company mentioned in paragraph (a) or (aa) above] ,

with a view to his becoming aware of, and ascertaining the circumstances relating to, matters with respect to which any power or duty is conferred or imposed on him by or under any enactment.

(3)The Secretary of State may give general directions indicating—

(a)considerations to which the Director should have particular regard in determining the order of priority in which matters are to be brought under review in performing his duty under subsection (1) or (2) above; and

(b)considerations to which, in cases where it appears to the Director that any of his powers under Parts II to V and VII of this Act are exercisable, he should have particular regard in determining whether to exercise those powers;

and it shall be the duty of the Director to comply with any such directions.

(4)It shall be the duty of the Director, where either he considers it expedient or he is requested by the Secretary of State or [F6the CMA] to do so, to give information, advice and assistance to the Secretary of State or that Director with respect to any matter relating to—

(a)the functions of either description of relevant undertaker; or

(b)the carrying out of any such functions by a company holding an appointment under Chapter I of this Part[F7 or

(c)the activities authorised by [F8the authorisations or combinations of authorisations given by licences under Chapter 1A of this Part (see sections 17A and 17BA)]; or

(d)the carrying on of any such activities by a [F9person] holding any such licence.]

Textual Amendments

F1S. 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)

F2Words 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)

F4Word 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)

F5Words 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)

F7S. 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)

F8Words 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)

F9Word 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)

Modifications etc. (not altering text)

C2S. 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. 1