SCHEDULES
SCHEDULE 7Further amendments
Water Industry Act 1991 (c. 56)
I160
1
Section 61 (disconnections for non-payment of charges) is amended as follows.
2
In subsection (1)—
a
for “the following provisions of this section” there is substituted “
subsections (1A) to (6)
”
;
b
after “cut off a supply of water to any premises,” there is inserted “if subsection (1ZA) or (1ZB) applies.
1ZA
This subsection applies
3
After the subsection (1ZA) so formed there is inserted—
1ZB
This 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.
1ZC
A water supply licensee may make a request under subsection (1ZB) only if—
a
the 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,
b
the licensee has served notice on the occupier requiring payment of charges due,
c
the 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, and
d
that period has expired.
4
In subsection (2)—
a
in paragraph (a), for “subsection (1)” there is substituted “
subsection (1ZA)
”
;
b
in the words following paragraph (b), for “that subsection” there is substituted “
subsection (1)
”
.
5
After subsection (2) there is inserted—
2A
Where—
a
a water supply licensee has served a notice for the purposes of subsection (1ZC)(b) on a person, and
b
within 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).
6
In subsection (3)—
a
after “subsection (2)” there is inserted “
or (2A)
”
;
b
in paragraph (a), after “the undertaker” there is inserted “
or, as the case may be, the licensee
”
;
c
in paragraph (b), after “the undertaker” there is inserted “
or, as the case may be, the licensee
”
.
7
In subsection (4)—
a
the words “, from the person in respect of whose liability the power is exercised,” are repealed;
b
at the end there is inserted
—
a
from 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);
b
from the water supply licensee who made the request, in a case where the power is exercised in the circumstances mentioned in subsection (1ZB).
8
In subsection (5)—
a
in paragraph (b)—
i
after “those premises” there is inserted “
(“the primary premises”)
”
;
ii
after “other premises” there is inserted “
(“the secondary premises”)
”
;
b
in the words after paragraph (b)—
i
for “those other premises” there is substituted “
the secondary premises
”
;
ii
for “the premises in relation to which the charges are due” there is substituted “
the primary premises
”
;
iii
for “the other premises” there is substituted “
the secondary premises
”
.
9
After subsection (5) there is inserted—
6
The undertaker may not cut off the supply to the secondary premises in reliance on subsection (5) if—
a
in 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;
b
in 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.