Water Act 2003
Part 1
Abstraction and impounding
Restrictions on abstraction and impounding
1
Licences to abstract water
2
Restrictions on impounding
3
Existing impounding works
4
Existing impounding works: works notices
5
Rights of navigation, harbour and conservancy authorities
6
Rights to abstract small quantities
7
Rights to abstract for drainage purposes, etc
8
Amendments relating to section 7
9
Power to provide for further exemptions
10
Orders under section 33 of the WRA, etc
Applications for a licence
11
Who may apply for a licence
12
Abolition of combined licences
13
Applications: types of abstraction licence
14
Publication of application for licence
Consideration of licence applications
15
General consideration of licence applications
16
Protection from derogation
17
Protected rights
18
Register of certain protected rights
Form, contents and effect of licences
19
Form, contents and effect of licences
20
Limited extension of abstraction licence validity
Modification of licences
21
Modification of licences
22
Proposals for modification at instance of Agency or Secretary of State
Transfer and apportionment of licences
23
Transfer and apportionment of licences
Claims and compensation
24
Claims arising out of water abstraction
25
Compensation for modification of licence on direction of Secretary of State
26
Recovery of compensation from new licence-holder
27
Withdrawal of compensation for certain revocations and variations
Water resources management schemes
28
Water resources management schemes: other abstractors
29
Water resources management schemes: referral to Secretary of State
Enforcement
30
Enforcement notices, and related procedures and offences
Miscellaneous
31
Bulk supplies
32
Visiting forces
33
Application of certain water resources provisions to this Act
Part 2
New regulatory arrangements, etc
Establishment, etc of new bodies
34
Water Services Regulation Authority
35
Consumer Council for Water
36
Transfer to Authority and Council of functions, property etc
37
Conditions relating to costs of water regulation
38
Forward work programmes and annual reports
Objectives of regulation of water industry
39
Objectives and duties under WIA
40
Guidance to Authority on social and environmental matters
41
Standards of performance in relation to water supply
42
Standards of performance in relation to sewerage services
Functions of the Council
43
General functions of the Council
44
Provision of information to the Council
45
Provision of statistical information to consumers etc
46
Consumer complaints
47
Investigations by the Council
Enforcement of obligations
48
Financial penalties
49
Enforcement of certain provisions
Remuneration and standards of performance
50
Links between directors' pay and standards of performance
Miscellaneous
51
Reasons for decisions
52
Co-operation between water regulators
The Competition Commission
53
Specialist members of the Competition Commission
54
Determination references under section 12 of the WIA
55
Conditions of appointments under the WIA
Licensing of water suppliers
56
Licensing of other water suppliers
Part 3
Miscellaneous
The Drinking Water Inspectorate
57
The Chief Inspector of Drinking Water and the Drinking Water Inspectorate
Water fluoridation
58
Fluoridation of water supplies
Water resale
59
Charges for services provided with the help of an undertaker
Penalties
60
Abstraction and impounding offences
61
Supplying water unfit for human consumption
Water resources management plans
62
Water resources management plans
Drought
63
Drought plans
64
Drought orders and drought permits: charges
65
Procedure at local inquiries
Land drainage and flood defence
66
Revocation of local flood defence schemes
67
Membership of regional flood defence committees in Wales
68
Regional flood defence committees
69
Grants for drainage works and flood warning systems
Information
70
Information
Powers of entry
71
Extension of Environment Agency’s powers of entry
Environment Agency’s general water resources duty
72
Efficient use of water resources
Border rivers
73
Border rivers
Reservoirs
74
Environment Agency to be enforcement authority under the Reservoirs Act 1975
75
Extension of enforcement authority’s reserve powers
76
Service of documents
77
Flood plans: large raised reservoirs
78
National security
79
Offences
80
Crown application
Water conservation
81
Duty to encourage water conservation
82
Water conservation: requirements on relevant undertakers
83
Water conservation by public authorities
Fire hydrants
84
Fire hydrants
Coal mine water pollution
85
Control of water from coal mines
Contaminated land
86
Contaminated land: pollution of controlled waters
Discharge consents
87
Transfer of discharge consents
Trade effluent consents
88
Trade effluent consents
89
Trade effluent consents: conditions of consent
Water mains, etc
90
Water main requisitions: financial conditions
91
Water main requisitions: calculation of payments
92
Self-lay and adoption of water mains and service pipes
Sewers and drains
93
Requisition and adoption of sewers
94
Provision of public sewers otherwise than by requisition
95
Requisition of lateral drains
96
Adoption of lateral drains
97
Requisitioning and adoption of lateral drains: supplementary
98
Schemes for the adoption of sewers, lateral drains and sewage disposal works
99
Communication with public sewers
Part 4
Supplementary
100
Devolution: Wales
101
Minor and consequential amendments and repeals
102
Specific transitional and transitory provisions
103
Powers to make further supplementary, consequential and transitional provision, etc
104
Regulations and orders
105
Interpretation, commencement, short title, and extent
SCHEDULES
SCHEDULE 1
The Water Services Regulation Authority
After Schedule 1 to the WIA there is inserted— SCHEDULE...
SCHEDULE 2
The Consumer Council for Water
After Schedule 3 to the WIA there is inserted— SCHEDULE...
SCHEDULE 3
Further provisions about transfers of functions, property etc
Preliminary
1
In this Schedule— “transfer” means— a transfer of functions under...
Contents of transfer schemes
2
(1) The property, rights and liabilities which may be transferred...
3
A transfer scheme may define the property, rights and liabilities...
4
A transfer scheme may include such supplementary, incidental, transitional and...
Modification of transfer scheme after appointed day
5
(1) If, after the day appointed by a transfer scheme,...
Effect of transfers
6
(1) Anything done by the transferor for the purpose of...
7
There may be continued by or in relation to the...
8
The transferee shall be substituted for the transferor in any...
Continuity of employment, etc of transferred employees
9
Where a person employed in the civil service of the...
SCHEDULE 4
Licensing of water suppliers
1
The WIA is amended as follows.
2
After Chapter 1 of Part 2 of the WIA there...
3
After Chapter 2 of Part 3 of the WIA there...
4
(1) The Water Services Regulation Authority (“the Authority”) may, in...
SCHEDULE 5
Powers of entry under the Coal Industry Act 1994
After Schedule 1 to the Coal Industry Act 1994 (c....
SCHEDULE 6
Compulsory purchase under the Coal Industry Act 1994
After Schedule 1A to the Coal Industry Act 1994 (c....
SCHEDULE 7
Minor and consequential amendments
Part 1
Abstraction and impounding
Water Resources Act 1991 (c. 57)
1
The WRA is amended as follows.
2
In section 34 (regulations with respect to applications under Chapter...
3
In section 40 (obligations to take river flow etc into...
4
In section 51 (modification of licence on application of licence...
5
In section 57 (emergency variation of licences for spray irrigation...
6
In section 61 (compensation for licence modified on direction of...
7
In section 66 (inland waters owned or managed by British...
8
(1) Section 67 (ecclesiastical property) is amended as follows.
9
In section 71 (modification of local enactments), in subsection (4),...
10
In section 125 (specific exemptions from water resources charges), subsection...
11
In section 206 (making of false statements etc), in subsection...
12
In section 217 (criminal liabilities of directors and other third...
13
In section 222 (Crown application), as substituted by paragraph 2(4)...
14
For Schedule 6 (which relates to the making of orders...
Environment Act 1995 (c. 25)
15
(1) The Environment Act 1995 is amended as follows.
Part 2
New regulatory arrangements, etc
Public Records Act 1958 (c. 51)
16
In Schedule 1 to the Public Records Act 1958 (definition...
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
17
In the Schedule to the Public Bodies (Admission to Meetings)...
Parliamentary Commissioner Act 1967 (c. 13)
18
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
Superannuation Act 1972 (c. 11)
19
In Schedule 1 to the Superannuation Act 1972, in the...
House of Commons Disqualification Act 1975 (c. 24)
20
(1) Schedule 1 to the House of Commons Disqualification Act...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
21
(1) Schedule 1 to the Northern Ireland Assembly Disqualification Act...
Race Relations Act 1976 (c. 74)
22
In Part 2 of Schedule 1A to the Race Relations...
Telecommunications Act 1984 (c. 12)
23
In the Telecommunications Act 1984, in section 101 (restriction on...
Airports Act 1986 (c. 31)
24
In the Airports Act 1986, in section 74 (restriction on...
Company Directors Disqualification Act 1986 (c. 46)
25
In section 9E of the Company Directors Disqualification Act 1986...
Water Act 1989 (c. 15)
26
(1) The Water Act 1989 is amended as follows.
Water Industry Act 1991 (c. 56)
27
(1) The WIA is amended as follows.
Water Resources Act 1991 (c. 57)
28
(1) The WRA is amended as follows.
Water Consolidation (Consequential Provisions) Act 1991 (c. 60)
29
(1) The Water Consolidation (Consequential Provisions) Act 1991 is amended...
Competition and Service (Utilities) Act 1992 (c. 43)
30
Section 50 of the Competition and Service (Utilities) Act 1992...
Coal Industry Act 1994 (c. 21)
31
In section 59 (information to be kept confidential by the...
Competition Act 1998 (c. 41)
32
(1) The Competition Act 1998 is amended as follows.
Postal Services Act 2000 (c. 26)
33
In Schedule 7 to the Postal Services Act 2000 (disclosure...
Utilities Act 2000 (c. 27)
34
In section 105 of the Utilities Act 2000 (general restrictions...
Transport Act 2000 (c. 38)
35
In Schedule 9 to the Transport Act 2000 (air traffic:...
Enterprise Act 2002 (c. 40)
36
(1) The Enterprise Act 2002 is amended as follows.
Part 3
Miscellaneous
Metropolis Water Act 1852 (c. 84)
37
Section 1 of the Metropolis Water Act 1852 (restriction on...
Reservoirs Act 1975 (c. 23)
38
In Schedule 1 to the Reservoirs Act 1975 (index of...
Water Industry Act 1991 (c. 56)
39
(1) The WIA is amended as follows.
Land Drainage Act 1991 (c. 59)
40
(1) The Land Drainage Act 1991 is amended as follows....
Health Authorities Act 1995 (c. 17)
41
In Schedule 1 to the Health Authorities Act 1995 (amendment...
Environment Act 1995 (c. 25)
42
In section 101 of the Environment Act 1995 (grants in...
SCHEDULE 8
Minor and consequential amendments: licensing of water suppliers etc
Water Act 1989 (c. 15)
1
(1) Section 174 of the Water Act 1989 (general restrictions...
Water Industry Act 1991 (c. 56)
2
The WIA is amended as follows.
3
In section 6 (appointment of relevant undertakers), after subsection (5)...
4
(1) Section 18 (orders for securing compliance) is amended as...
5
(1) Section 19 (exceptions to duty to enforce) is amended...
6
(1) Section 20 (procedure for enforcement orders) is amended as...
7
In section 22 (effect of enforcement order), in subsection (3),...
8
(1) Section 23 (meaning and effect of special administration order)...
9
(1) Section 24 (special administration orders made on special petitions)...
10
In section 25 (power to make special administration order on...
11
In section 26 (restrictions on voluntary winding up and insolvency...
12
(1) Section 27 (general duty of Authority to keep matters...
13
(1) Section 39A (information to be given to customers about...
14
(1) Section 43 (calculation of payments to undertaker in respect...
15
(1) Section 52 (the domestic supply duty) is amended as...
16
(1) Section 55 (supplies for non-domestic purposes) is amended as...
17
After section 63 there is inserted— Supply by licensed water...
18
(1) Section 68 (water quality) is amended as follows.
19
(1) Section 69 (regulations for preserving water quality) is amended...
20
(1) Section 70 (offence of supplying water unfit for human...
21
In section 72 (contamination of water sources), in subsection (5),...
22
In section 73 (offences of contaminating water etc), in subsection...
23
In section 74 (regulations for preventing contamination etc), in subsection...
24
(1) Section 75 (power to prevent damage etc) is amended...
25
In section 76 (temporary hosepipe bans), in subsection (1), after...
26
(1) Section 78 (local authority functions in relation to undertaker’s...
27
(1) Section 86 (enforcement of water quality) is amended as...
28
In section 93(1) (interpretation of Part 3), in the definition...
29
In section 93A (duty to promote the efficient use of...
30
(1) Section 93B (power to impose requirements in connection with...
31
(1) Section 93C (publicity) is amended as follows.
32
(1) Section 93D (information as to compliance) is amended as...
33
In section 148 (restriction on charging for metering works), in...
34
In section 150 (fixing maximum charges for services provided with...
35
In section 152 (grants for national security purposes), in subsection...
36
In section 158 (powers to lay pipes in streets), in...
37
(1) Section 162 (works in connection with metering) is amended...
38
In section 163 (power to fit stopcocks), in subsection (1),...
39
(1) Section 174 (offences of interference with works) is amended...
40
(1) Section 175 (offence of tampering with meter) is amended...
41
(1) Section 179 (vesting of works in undertaker) is amended...
42
(1) Section 195 (maintenance of register for the purposes of...
43
(1) Section 201 (publication of information and advice) is amended...
44
(1) Section 202 (duty to furnish the Secretary of State...
45
(1) Section 203 (power to acquire information for enforcement purposes)...
46
(1) Section 205 (exchange of metering information) is amended as...
47
(1) Section 206 (restriction on disclosure of information) is amended...
48
(1) Section 208 (directions in the interests of national security)...
49
(1) Section 213 (power to make regulations) is amended as...
50
(1) Section 219 (general interpretation) is amended as follows.
51
(1) Schedule 2 (transitional provision on termination of appointments) is...
52
(1) Schedule 3 (special administration orders) is amended as follows....
Water Resources Act 1991 (c. 57)
53
(1) The WRA is amended as follows.
Competition Act 1998 (c. 41)
54
In Schedule 7 to the Competition Act 1998, in paragraph...
Enterprise Act 2002 (c. 40)
55
(1) The Enterprise Act 2002 is amended as follows.
SCHEDULE 9
Repeals and revocation
Part 1
Abstraction and impounding
Part 2
New regulatory arrangements, etc
Part 3
Miscellaneous and supplementary

Water Act 2003
2003 c. 37
An Act to amend the Water Resources Act 1991 and the Water Industry Act 1991; to make provision with respect to compensation under section 61 of the Water Resources Act 1991; to provide for the establishment and functions of the Water Services Regulation Authority and the Consumer Council for Water, and for the abolition of the office of Director General of Water Services; to make provision in connection with land drainage and flood defence; to amend the Reservoirs Act 1975; to make provision about contaminated land so far as it relates to the pollution of controlled waters; to confer on the Coal Authority functions in relation to the discharge of water from coal mines; to extend the functions of the Environment Agency in relation to the Rivers Esk, Sark and Tweed and their tributaries so far as they are in England; to repeal section 1 of the Metropolis Water Act 1852; and for connected purposes.
[20th November 2003]
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:—