Part 1

Water industry
CHAPTER 3

Regulation of the water industry

Regulation of relevant undertakers, water supply licensees and sewerage licensees

Water resources management plans for England: resilience
27
1
Chapter 1 of Part 3 of the Water Industry Act 1991 (water supply) is amended as follows.
2
In section 37A(3) (water resources management plans: preparation and review), at the end insert—
(and see also section 37AA).
3
After that section insert—

Water resources management plans for England: resilience
37AA
1
The Secretary of State may give a direction about the basis on which a water resources management plan for England is to be prepared.
2
A direction under this section may be given only where the Secretary of State considers it appropriate to do so with a view to securing that a water undertaker is able to meet the need for the supply of water to consumers in particular circumstances.
3
A direction under this section may, in particular, require a plan to be prepared on the basis of a specified assumption, including—
a
an assumption as to whether, and how often, specified circumstances are likely to arise;
b
an assumption that a specified power would or would not be exercised by the water undertaker or another person in specified circumstances.
4
Before giving a direction under this section, the Secretary of State must consult—
a
the Authority,
b
the Welsh Ministers,
c
each water undertaker to which the direction would apply,
d
the Environment Agency,
e
the NRBW, and
f
such other persons as the Secretary of State considers appropriate.
5
In this section—
- “specified” means specified in a direction under this section;
- “water resources management plan for England” means a water resources management plan prepared by a water undertaker whose area is wholly or mainly in England.
4
In section 37D(1) (water resources management plans: directions), after “37A” insert “, 37AA”.