Part 1

Water industry
CHAPTER 3

Regulation of the water industry

Provision of public sewers: premises in Wales

Disputes about the provision of public sewers: premises in Wales
41
1
Section 101A of the Water Industry Act 1991 (further duty to provide sewers) is amended as follows.
2
In subsection (7)—
a
for “Any dispute” there is substituted “Subsections (7A) and (7B) apply where there is a dispute”;
b
the words following paragraph (c) are repealed.
3
After subsection (7) there is inserted—
7A
The dispute is to be determined by the appropriate person and may be referred to the appropriate person for determination by either of the parties to the dispute.
7B
If the dispute is between a sewerage undertaker and an owner or occupier of premises in Wales, the NRBW must provide advice in relation to any of the matters mentioned in subsection (7)(a) to (c) if so requested by—
a
either of the parties to the dispute, or
b
the appropriate person.
7C
Any advice provided by the NRBW under subsection (7B) must be provided to both parties to the dispute and to the appropriate person.
4
In subsections (8)(a) and (9), for “subsection (7)” there is substituted “subsection (7A)”.
5
In subsections (8), (9), (10) and (11), for “appropriate agency”, in each place those words occur, there is substituted “appropriate person”.
6
In subsection (11), in paragraph (b)—
a
for “the NRBW” there is substituted “the Welsh Ministers”;
b
at the end there is inserted “, or such person as the Welsh Ministers may from time to time appoint as the appropriate person in relation to such disputes.”
7
After subsection (11) there is inserted—
12
A person may be appointed as the appropriate person under subsection (11)(b) only if the person is independent of the NRBW.
13
A person is independent of the NRBW for the purposes of subsection (12) if the person is—
a
an individual who is not a member of the NRBW or the NRBW’s staff, or
b
a body none of whose members is a member of the NRBW or the NRBW’s staff.