Part 2

New regulatory arrangements, etc

Functions of the Council

Provision of information to the Council
44
After section 27G of the WIA (which is inserted by section 43) there is inserted—

Provision of information to the Council
27H
1
The Council may direct—
a
the Authority;
b
a company holding an appointment under Chapter 1 of this Part; or
c
a licensed water supplier,
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.
2
A body 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.
3
Before 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 to whom the direction is given.
4
If a body to whom a direction under this section is given fails to comply with the direction it shall, if so required by the Council, give notice to the Council of the reasons for its failure.

Publication of notice of reasons
27I
1
Subject to the following provisions of this section, the Council may publish a notice given to it under section 27H(4) above.
2
Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published under subsection (1) above unless one or more of paragraphs (a) to (c) of subsection (3) below applies to the information.
3
Information relating to a particular individual or body may be published if—
a
that individual or body has consented to the publication;
b
it is information that is available to the public from some other source; or
c
it 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.
4
Before deciding to publish any information relating to a particular individual or body in pursuance of subsection (3)(c) above, the Council shall—
a
consult that individual or body; and
b
have 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.
5
The 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.
6
In 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.
7
The publication by the Council of information under this section does not contravene section 206 below (restriction on disclosure of information).

Provision of information by the Council
27J
1
Any of—
a
the Authority;
b
the Secretary of State; or
c
the 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.
2
The 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.
3
Where 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.
4
A 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.

Sections 27H to 27J: supplementary
27K
1
The Secretary of State may make regulations prescribing—
a
descriptions of information which a person to whom a direction is given under section 27H or 27J above may refuse to supply; or
b
circumstances in which such a person may refuse to comply with a direction given under either of those sections.
2
The Council may, if no person is prescribed for the purpose under subsection (3) below, refer a failure by a company holding an appointment or a licensed water supplier to comply with a direction under section 27H above to the Authority.
3
The 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.
4
A person to whom such a failure is referred (whether under subsection (2) above or regulations under subsection (3) above) shall—
a
consider any representations made by either party;
b
determine 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; and
c
give notice of his determination and any order under paragraph (b), with reasons, to both parties.
5
The duty of a company holding an appointment and a licensed water supplier to comply with an order under this section shall be enforceable by the Authority under section 18 above.
6
A notice under subsection (4) above may be published by either party to the reference.
7
Subsections (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.
S. 44 in force at 1.10.2005 by S.I. 2005/2714, art. 2(d) (with Sch. para. 8)