Legalize / United Kingdom / Public General Act

Water Act 2014

Type Public General Act

Publication 2014-05-14

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(207A) (1) The Secretary of State may by regulations provide for an appeal to lie to the CMA from— (a) a decision by the Authority to make a revision to a designated code; (b) a decision by the Authority, following consultation under this Act about a proposed revision to a designated code, not to make the proposed revision. (2) For the purposes of this section a designated code is a code, or a part of a code, issued by the Authority under or by virtue of this Act that is designated for the purposes of this section by regulations under this section. (3) The regulations may specify descriptions of revisions by reference to which an appeal under the regulations may not be brought. (4) Regulations made under subsection (3) may provide— (a) for the exclusion of certain descriptions of revisions to operate only in such cases as may be determined in accordance with the regulations; (b) for a determination in accordance with the regulations to be made— (i) by such persons, (ii) in accordance with such procedures, and (iii) by reference to such matters and the opinions of such persons (including the Authority), as may be provided for in the regulations. (5) The regulations may— (a) specify the persons or descriptions of persons eligible to bring an appeal; (b) specify conditions to be satisfied by a person wishing to bring an appeal. (6) Regulations made under subsection (5) may— (a) make different provision in relation to different codes or different parts of a code; (b) provide for a representative body or association to bring an appeal. (7) The regulations must— (a) provide for appeals to be brought only where the CMA grants permission for an appeal; (b) provide for the grounds on which the CMA may refuse permission. (8) Before making regulations under this section the Secretary of State must consult— (a) the Welsh Ministers; (b) the Authority; (c) such other persons as the Secretary of State considers appropriate. (207B) (1) Except where otherwise provided, the functions of the CMA with respect to appeals under section 207A are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013. (2) Schedule 16 (provision as to procedure on appeals) has effect. (207C) (1) The Secretary of State may by regulations provide for the determination by the CMA of an appeal under section 207A. (2) The regulations must require the CMA in determining the appeal to have regard, to the same extent as is required of the Authority, to the matters to which the Authority must have regard in exercising or performing the powers and duties mentioned in section 2(1). (3) The regulations must provide that the CMA in determining the appeal— (a) may have regard to any matter to which the Authority was not able to have regard in the case of the decision appealed against, but (b) must not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in that case had it had the opportunity of doing so. (4) The regulations may specify the grounds on which an appeal may be allowed. (5) The grounds specified by the regulations may include the following— (a) that the Authority failed properly to have regard to the matters mentioned in subsection (2); (b) that the Authority failed properly to have regard to the purposes for which the code in question is issued; (c) that the Authority failed to give the appropriate weight to one or more of those matters or purposes. (6) The regulations may make provision for the steps that the CMA is to take— (a) if it allows the appeal; (b) if it does not allow the appeal. (7) Provision under subsection (6)(a) may include remitting a matter to the Authority for reconsideration and redetermination in accordance with directions given by the CMA. (8) The regulations may make provision as to the decision of the CMA on the appeal, including in particular provision for the decision— (a) to be contained in an order made by the CMA; (b) to set out the reasons for the decision; (c) to take effect— (i) at the time specified in the order, or (ii) at the time determined in accordance with provision set out in the order; (d) to be notified to the persons who were parties to the appeal (see paragraph 2 of Schedule 16); and (e) to be published. (9) Provision under subsection (8)(e) may allow the CMA to exclude from publication any information which it is satisfied is— (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates; (b) information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interests.

(3) In section 213 (powers to make regulations), in subsection (1A) (affirmative resolution procedure to apply on first exercise of power), for “each of sections 89 and 90 above, the instrument” there is substituted

— (a) each of sections 89 and 90, and (b) each of sections 207A and 207C and Schedule 16; the instrument

(4) After Schedule 15 there is inserted the Schedule set out in Schedule 6 to this Act.

Guidance relating to rules about charges

38

In the Water Industry Act 1991, after section 144ZD there is inserted—

(144ZE) (1) The Minister must issue guidance about the principles to be applied by the Authority in determining the provisions of— (a) rules under section 66E; (b) rules under section 117I; (c) rules under section 143B. (2) The Minister may issue guidance about the principles to be applied by the Authority in determining the provisions of— (a) rules under section 40E; (b) rules under section 51CD; (c) rules issued in accordance with regulations under section 66M; (d) rules under section 105ZF; (e) rules under section 110F; (f) rules under section 144ZA. (3) Guidance under subsection (1) or (2) may include other guidance about the provisions of any of the rules mentioned in subsection (1) or (2). (4) The Minister may issue guidance about the principles to be applied by the Authority in determining the contents of other documents produced by the Authority about charges that may be imposed by relevant undertakers or water supply or sewerage licensees. (5) Guidance under subsection (4) may include other guidance about the contents of the documents mentioned in subsection (4). (6) The Authority must have regard to guidance issued under this section when making rules to which the guidance relates (as well as to any guidance relating to those rules issued under another provision of this Act). (7) If— (a) the Minister issues guidance under this section in respect of rules made under a particular provision, and (b) the Authority, having regard to that guidance, considers that it is appropriate to revise rules made by it under that provision, the Authority must issue revised rules under that provision. (8) Before issuing guidance under this section, the Minister must— (a) prepare a draft of the proposed guidance; (b) consult the relevant persons about the draft; (c) comply with the requirements of section 144ZF. (9) The relevant persons are— (a) the Secretary of State; (b) the Welsh Ministers; (c) the Council; (d) any relevant undertakers likely to be affected by the proposed guidance; (e) any water supply licensees or sewerage licensees likely to be affected by the proposed guidance; (f) such other persons as the Minister thinks appropriate. (10) The Minister may from time to time revise guidance issued under this section and issue revised guidance. (11) Subsections (8) and (9) apply to revised guidance as they apply to the original guidance. (12) The Minister must arrange for the publication of guidance issued under this section. (13) In this section “the Minister” means— (a) the Secretary of State, in relation to relevant undertakers whose areas are wholly or mainly in England; (b) the Welsh Ministers, in relation to relevant undertakers whose areas are wholly or mainly in Wales. (144ZF) (1) Before issuing guidance under section 144ZE, the Secretary of State must lay a draft of the proposed guidance before both Houses of Parliament. (2) The Secretary of State must not issue the guidance until after the period of 40 days beginning with— (a) the day on which the draft is laid before both Houses of Parliament, or (b) if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days. (3) If before the end of that period either House resolves that the guidance should not be issued, the Secretary of State may not issue it. (4) In reckoning any period of 40 days for the purposes of subsection (2), no account is to be taken of any time during which— (a) Parliament is dissolved or prorogued, or (b) both Houses are adjourned for more than four days. (5) Before issuing guidance under section 144ZE, the Welsh Ministers must lay a draft of the proposed guidance before the Assembly. (6) The Welsh Ministers must not issue the guidance until after the period of 40 days beginning with the day on which the draft is laid before the Assembly. (7) If before the end of that period the Assembly resolves that the guidance should not be issued, the Welsh Ministers may not issue it. (8) In reckoning any period of 40 days for the purposes of subsection (6), no account is to be taken of any time during which the Assembly is dissolved or is in recess for more than four days. (9) Nothing in this section prevents the Secretary of State and the Welsh Ministers issuing a single document containing guidance under section 144ZE, and preparing draft guidance accordingly.

Adjudication functions

Exercise of adjudication functions by other persons

39

After section 207C of the Water Industry Act 1991 (inserted by section 37) there is inserted—

(207D) (1) The Minister may by order made by statutory instrument provide that any of the Authority's adjudication functions (see subsection (4)) is to be exercised— (a) on the Authority's behalf, by such person as may be specified in the order, or (b) either by the Authority or, on the Authority's behalf, by such person as may be specified in the order, at the option of the Authority in any particular case. (2) An order under subsection (1) may— (a) provide for requirements applying to the exercise of a function by the Authority to apply to the exercise of the function by another person; (b) require the Authority to produce guidance as to the exercise by another person of one of the Authority's adjudication functions and to keep such guidance up to date; (c) require a person exercising one of the Authority's adjudication functions to have regard to— (i) any guidance to which the Authority would have regard in exercising that function; (ii) any guidance produced by the Authority as to the exercise of that function. (3) An order under subsection (1) may— (a) make different provision for different purposes; (b) apply any primary or secondary legislation with or without modifications; (c) make supplemental, consequential and transitional provision. (4) For the purposes of this section, the Authority's adjudication functions are— (a) the determination of any matter referred to it for determination under section 30A; (b) the Authority's functions under any of the following— - regulations made by virtue of section 38(4) (power to prescribe by regulations standards of performance for water undertakers as regards water supply in individual cases: provision for disputes etc); - regulations made by virtue of section 38ZA(4) (power to prescribe by regulations standards of performance for water supply licensees as regards water supply in individual cases: provision for disputes etc); - regulations made by virtue of section 95(4) (power to prescribe by regulations standards of performance for sewerage undertakers as regards sewerage services in individual cases: provision for disputes etc); - regulations made by virtue of section 95ZA(4) (power to prescribe by regulations standards of performance for sewerage licensees as regards sewerage services in individual cases: provision for disputes etc); - section 105 (appeals with respect to adoption of sewer etc); - section 105B (appeals relating to schemes for the adoption of sewers etc); - section 110 (determination of disputes with respect to cross boundary sewers); - section 112(2) and (3) (appeal against requirement that proposed drain or sewer be constructed so as to form part of general system); - section 122 (appeals relating to applications to discharge trade effluent); - section 126 (appeals with respect to variations of consent to discharge trade effluent); - section 128 (application for variation of time for discharge of trade effluent); - section 181 (investigation of complaints with respect to the exercise of works powers on private land); but do not include any functions as to enforcement under section 18. (5) In this section— - “the Minister”, in relation to an adjudication function of the Authority, means— 1. the Secretary of State, to the extent that the function is to be exercised— 1. in relation to a relevant undertaker whose area is wholly or mainly in England, 2. in relation to a water supply licensee using the supply system of such an undertaker (see section 17B), or 3. in relation to a sewerage licensee using the sewerage system of such an undertaker (see section 17BA); 2. the Welsh Ministers, to the extent that the function is to be exercised— 1. in relation to a relevant undertaker whose area is wholly or mainly in Wales, or 2. in relation to a water supply licensee using the supply system of such an undertaker (see section 17B); - “primary legislation” means an Act or an Act or Measure of the Assembly; - “secondary legislation” means an instrument made under primary legislation. (6) A statutory instrument containing an order made by the Secretary of State under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) A statutory instrument containing an order made by the Welsh Ministers under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.

Drinking water inspectorate

Charging of fees by assessors for the enforcement of water quality

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(1) After section 86 of the Water Industry Act 1991 there is inserted—

(86ZA) (1) The Secretary of State may by order made by statutory instrument confer power on the Chief Inspector of Drinking Water to charge fees for the exercise of a function by an inspector appointed by the Secretary of State under section 86 (and to determine their amount). (2) The Welsh Ministers may by order made by statutory instrument confer power on the designated person to charge fees for the exercise of a function by an inspector appointed by the Welsh Ministers under section 86 (and to determine their amount). (3) In subsection (2) “the designated person” means— (a) the Chief Inspector of Drinking Water for Wales, or (b) if the same person is designated under section 86(1A) and (1B), the Chief Inspector of Drinking Water in that person's capacity as a person designated by the Welsh Ministers under section 86(1B). (4) An order under this section may include consequential, supplementary, incidental or transitional provision, or savings. (5) A statutory instrument containing an order made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (6) A statutory instrument containing an order made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of the Assembly. (7) Subsection (8) applies in relation to a statutory instrument containing both— (a) an order under this section made by the Secretary of State, and (b) an order under this section made by the Welsh Ministers. (8) If in accordance with subsection (5) or (6)— (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing an order made by the Secretary of State be annulled, or (b) the Assembly resolves that an instrument containing an order made by the Welsh Ministers be annulled, nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

(2) In the Public Bodies Act 2011—

(a) subsections (3) and (4) of section 14 (power of the Welsh Ministers to modify by order the funding arrangements of inspectors appointed under section 86 of the Water Industry Act 1991) are repealed;

(b) in Schedule 4 (bodies and offices where power to modify funding arrangements), the entry relating to inspectors appointed by the Secretary of State under section 86 of the Water Industry Act 1991 is repealed.

Provision of public sewers: premises in Wales

Disputes about the provision of public sewers: premises in Wales

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(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.

CHAPTER 4 — Retail exit: non-household premises

Retail exit: non-household premises

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(1) The Secretary of State may by regulations (“exit regulations”)—

(a) make provision for a relevant undertaker whose area is wholly or mainly in England to apply to withdraw from the non-household retail market in relation to that area,

(b) make provision about the determination of an application under paragraph (a) (an “exit application”),

(c) make provision for and in connection with the transfer of so much of a relevant undertaker's undertaking as relates to the non-household retail market to an eligible licensee or licensees, and

(d) make provision about the operation of the water industry in relation to an area in respect of which an exit application has been granted (a “retail exit area”).

(2) Provision under subsection (1)(a) may require a company that is a water undertaker and a sewerage undertaker to make an exit application that relates both to its functions as a water undertaker and to its functions as a sewerage undertaker, subject to such exceptions as exit regulations may specify.

(3) Exit regulations may include provision for protecting customers affected by a relevant undertaker's withdrawal from the non-household retail market.

(4) For the purposes of this Chapter—

(a) a reference to a water undertaker withdrawing from the non-household retail market in relation to an area is a reference to a water undertaker ceasing, in relation to that area, to exercise such functions relating to the supply of water to non-household premises as are specified in exit regulations, and

(b) a reference to a sewerage undertaker withdrawing from the non-household retail market in relation to an area is a reference to a sewerage undertaker ceasing, in relation to that area, to exercise such functions relating to the provision of sewerage services in respect of non-household premises (including trade effluent functions) as are specified in exit regulations;

and a reference to the non-household retail market is to be construed accordingly.

(5) Exit regulations may—

(a) prohibit a water undertaker from exercising, in relation to a retail exit area, such functions relating to the supply of water to non-household premises as are specified in the regulations;

(b) prohibit a sewerage undertaker from exercising, in relation to a retail exit area, such functions relating to the provision of sewerage services in respect of non-household premises (including trade effluent functions) as are specified in the regulations.

Application for retail exit

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(1) Exit regulations about exit applications must make provision requiring a relevant undertaker to apply to the Secretary of State, and may include—

(a) provision requiring a relevant undertaker to take such steps as the regulations may specify before making an application;

(b) provision as to the form and manner in which an application is to be made and as to the contents of an application;

(c) provision about payment to the Secretary of State of a fee of an amount specified in or determined under the regulations;

(d) provision about the information that is to accompany an application;

(e) provision for the Secretary of State to require a relevant undertaker to provide such further information as the Secretary of State may require in order to make a determination;

(f) provision as to the grounds on which an application may be refused;

(g) provision for the Secretary of State to grant an application subject to conditions.

(2) Provision under subsection (1)(a) may require a relevant undertaker—

(a) to consult—

(i) its non-household customers and its other customers,

(ii) the WSRA,

(iii) the Chief Inspector of Drinking Water,

(iv) the Consumer Council for Water, and

(v) any other person specified in the regulations;

(b) to prepare and publish a report assessing the effect on non-household customers and other customers if the undertaker withdraws from the non-household retail market;

(3) The grounds that may be specified under subsection (1)(f) include—

(a) grounds relating to the public interest or to the interests of a section of the public;

(b) grounds relating to the interests of non-household customers or other customers;

(d) grounds relating to the eligible licensee or licensees to which a transfer of part of the relevant undertaker's undertaking is proposed to be made.

(4) The conditions that may be imposed under subsection (1)(g) include—

(a) conditions as to the persons who are to pay the costs associated with a transfer of a part of the relevant undertaker's undertaking;

(b) conditions as to the application of money received by the relevant undertaker in connection with a transfer of a part of its undertaking;

(c) conditions about the relevant undertaker giving consent to modifications of the undertaker's conditions of appointment;

(d) conditions about an eligible licensee to which a transfer of part of the relevant undertaker's undertaking is proposed to be made giving consent to modifications of the conditions of its water supply licence or sewerage licence;

(e) conditions about the treatment of non-household customers affected by the transfer of part of the relevant undertaker's undertaking.

(5) Exit regulations may make provision about how particular descriptions of customers and premises are affected by a relevant undertaker's withdrawal from the non-household retail market, including in particular any of the following—

(a) premises to which the supply of water has been disconnected,

(b) premises that are to be demolished,

(d) premises in relation to which the owner or occupier has served notice under section 63AA of the Water Industry Act 1991 (supply by water supply licensee: domestic supply),

(e) premises in relation to which the owner or occupier has served notice under section 63AB of the Water Industry Act 1991 (supply by water supply licensee: non-domestic supply), and

(f) premises in relation to which the owner or occupier has served notice under section 110K of the Water Industry Act 1991 (provision by sewerage licensee).

(6) Provision under subsection (5) may include provision about how exit applications deal with particular descriptions of customers and premises.

(7) Exit regulations may make provision about the disclosure by a relevant undertaker of such information as the regulations may specify about—

(a) its non-household customers, and

(b) the charges payable by them (whether payable under a charges scheme under section 143 of the Water Industry Act 1991 or under an agreement).

(8) Exit regulations may specify—

(a) the persons to whom the information may be disclosed;

(b) the purposes for which it may be disclosed.

Eligible licensees

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(1) Exit regulations may—

(a) make provision for a relevant undertaker to specify in its exit application the eligible licensee or licensees to which it proposes to transfer a part of its undertaking;

(b) make provision for the WSRA to direct one or more eligible licensees to accept the transfer of a part of the relevant undertaker's undertaking.

(2) In this Chapter an “eligible licensee” is a company—

(a) that has a water supply licence with a retail authorisation or a sewerage licence with a retail authorisation, or both, and

(b) that has elected to be an eligible licensee for the purposes of this Chapter.

(3) Exit regulations may—

(a) provide for an eligible licensee to be specified in an exit application only if the licensee agrees to be so specified;

(b) provide for the WSRA to give notice before giving a direction under subsection (1)(b);

(c) provide for an eligible licensee to temporarily suspend an election under subsection (2)(b) so that it may not be given a direction under subsection (1)(b).

(4) Exit regulations may make provision about electing to be an eligible licensee, and may in particular—

(a) provide for a company to satisfy such criteria as are set out in a code published by the WSRA before the company may elect to be an eligible licensee;

(b) provide for the WSRA to assess whether a company satisfies those criteria;

(i) the criteria mentioned in paragraph (a), and

(ii) how it conducts such assessments;

(d) provide for the WSRA to comply with the code in making such assessments.

(5) Exit regulations may—

(a) allow an eligible licensee, to which a transfer of a part of a relevant undertaker's undertaking is proposed to be made, to be a company associated with the undertaker,

(b) require the eligible licensee to which such a transfer is made to be such a company, or

(6) For the purposes of this section, a relevant undertaker is associated with an eligible licensee if one of them is a subsidiary of the other or both are subsidiaries of the same body corporate.

Transfer of undertaking

45

(1) Exit regulations about the transfer of a part of a relevant undertaker's undertaking may include provision for the making of a scheme to transfer property, rights and liabilities where an exit application has been granted.

(2) Exit regulations about the transfer of a part of a relevant undertaker's undertaking may include provision about arrangements under Chapter 1 of Part 5 of the Water Industry Act 1991 for fixing, demanding and recovering charges.

(3) Provision under subsection (2) may include—

(a) provision for and in connection with treating such arrangements as if they were agreements between the undertaker and the person liable to pay such charges;

(b) provision about the terms and conditions of such agreements.

(4) Exit regulations may make provision for a scheme under subsection (1) to contain—

(a) provision identifying the property, rights and liabilities to be transferred (which may include property, rights and liabilities that would not otherwise be capable of being transferred);

(b) provision for the division of property, rights and liabilities, including—

(i) provision creating an interest in or right over property;

(ii) provision creating new rights and liabilities;

(iii) incidental provision as to the property, rights and liabilities of other persons;

(5) Subsection (4) is not exhaustive of what a scheme may contain.

Operation of retail market

46

(1) Exit regulations about the operation of the water industry in relation to a retail exit area may include such provision as is described in the following subsections.

(2) Exit regulations may make provision for and in connection with requiring a relevant undertaker to impose on an eligible licensee only such charges under a section 66D agreement or a section 117E agreement as would enable the licensee to fulfil its obligations under agreements (including deemed agreements) transferred to the licensee from the undertaker under the regulations.

(3) Exit regulations may make provision for and in connection with requiring a water supply or sewerage licensee, where the licensee is providing services under the licensee's licence in relation to a retail exit area, to provide such services under that licence in relation to that area as the regulations may specify.

(4) Exit regulations may make provision for and in connection with such arrangements between a water supply or sewerage licensee and a relevant undertaker as would enable the licensee to comply with requirements imposed on it under subsection (3).

(5) Exit regulations may make provision as to the functions of a relevant undertaker in relation to a retail exit area and may, in particular, modify or disapply a duty imposed on a relevant undertaker by—

(a) section 63AC(2) (interim duty to supply water), or

(b) section 110L(2) (interim duty to provide sewerage services).

(6) Exit regulations may provide for a water supply or sewerage licensee that—

(a) is a company,

(b) is providing services under its licence in relation to a retail exit area, and

to be subject to provision for special administration (see section 23 of, and Schedule 2 to, the Water Industry Act 1991) in such circumstances as the regulations may specify.

(7) Exit regulations may include provision—

(a) requiring relevant undertakers, water supply licensees and sewerage licensees to provide such information as the regulations may specify to customers;

(b) requiring relevant undertakers, water supply licensees and sewerage licensees to provide such information as the regulations may specify to the WSRA or the Secretary of State;

(c) requiring the WSRA to record such information as the regulations may specify in the register it maintains under section 195 of the Water Industry Act 1991.

(8) Provision under subsection (7)(b) may in particular specify information about customers and the arrangements under which they receive services.

Operation of retail market: charges etc

47

(1) Exit regulations may make provision for water supply licensees and sewerage licensees, that are providing or proposing to provide services under their water supply or sewerage licences in relation to a retail exit area, to make, and from time to time revise, a scheme containing the terms and conditions which, in the absence of agreed terms and conditions, are to apply to such services.

(2) Provision under subsection (1) may include—

(a) provision for a scheme to make different provision for different purposes, or different areas;

(b) provision about the publication of a scheme or revised scheme;

(d) provision enabling the WSRA to direct that terms or conditions be modified generally or in a particular case;

(e) provision requiring a licensee to comply with a direction under paragraph (d), including provision for enforcing such a duty under section 18 of the Water Industry Act 1991.

(3) Provision under subsection (1) may also include—

(a) provision requiring the WSRA to issue a code about providing services to which a scheme under subsection (1) relates;

(b) provision for the code to include, in particular, provision about—

(i) the terms and conditions contained in such schemes;

(ii) licensees informing owners or occupiers of premises about their schemes before agreeing any terms and conditions for the provision of services;

(c) provision for the WSRA, if it considers that a licensee is not acting as required by such provision as is described in paragraph (b), to give the licensee a direction to do, or not to do, a particular thing specified in the direction;

(d) provision requiring a licensee to comply with a direction under paragraph (c), including provision for enforcing such a duty under section 18 of the Water Industry Act 1991;

(e) provision requiring the WSRA from time to time to review the code and, if appropriate, to issue a revised code.

(4) Exit regulations may make provision for the WSRA to issue and enforce—

(a) rules about charges for services that may be imposed by water supply or sewerage licensees in relation to a retail exit area;

(b) if exit regulations make provision for licensees to make schemes about such charges, rules about such schemes.

(5) Provision under subsection (4) may include—

(a) provision for the rules to make different provision for different cases;

(b) provision for the WSRA to direct a licensee to comply with the rules;

(d) provision for the Secretary of State to issue guidance as to the content of the rules;

(e) provision for the Secretary of State to prevent rules being issued.

Exit applications: further provision

48

(1) Exit regulations may make provision about the provision relating to exit applications that may be included in a relevant undertaker's conditions of appointment.

(2) Exit regulations may in particular prohibit the inclusion of provision requiring a relevant undertaker to make an exit application.

(3) Exit regulations may make provision for requiring the WSRA or the CMA to obtain the consent of the Secretary of State—

(a) before exercising a function so as to require a relevant undertaker to make an exit application, or

(b) before exercising a function in a way that is likely to result in a relevant undertaker making an exit application.

Modification of appointment and licence conditions

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(1) Exit regulations may provide for the WSRA to modify the conditions of appointment of a relevant undertaker where it considers it necessary or expedient to do so in consequence of the transfer of part of the relevant undertaker's undertaking under the regulations.

(2) Exit regulations may provide for the WSRA to modify the conditions of a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 where it considers it necessary or expedient to do so in consequence of the transfer to the holder of that licence of part of a relevant undertaker's undertaking under the regulations.

(3) Exit regulations may provide for the WSRA, where it modifies conditions under subsection (1) or (2), to make such incidental or consequential modifications of other conditions of the appointment or, as the case may be, other conditions of the licence as it considers necessary or expedient.

(4) Provision made by exit regulations as regards the modification of conditions under this section may include—

(a) provision for the Secretary of State to give consent to a modification proposed by the WSRA;

(b) provision as to the period during which a modification may be made.

(5) Provision under subsection (4)(b) may not allow a modification to be made after the end of the period of one year beginning with the day on which the transfer in question takes place.

General directions

50

(1) Exit regulations may make provision for the Secretary of State to publish, from time to time, a statement setting out general directions for the WSRA and the CMA as regards the carrying out of their relevant functions in circumstances where the WSRA or the CMA, in carrying out those functions, might be able—

(a) to require or bring about an exit application, or

(b) to have an effect as regards the making of an exit application.

(2) Exit regulations may require the WSRA and the CMA to carry out their relevant functions in accordance with any statement published under the regulations.

(3) Exit regulations may make provision about formulating a statement to be published under the regulations, and may in particular—

(a) require the Secretary of State to have regard to—

(i) the duties of the WSRA mentioned in section 2(1)(b) of the Water Industry Act 1991,

(ii) the duties of the CMA under the Competition Act 1998 or the Enterprise Act 2002, and

(iii) the protection of the interests of consumers (within the meaning of section 2 of the Water Industry Act 1991), and

(b) enable the Secretary of State to have regard to such other matters as the Secretary of State thinks fit.

(4) Exit regulations may make provision for the Secretary of State, before publishing a statement under the regulations, to consult—

(a) the WSRA,

(b) the CMA,

(d) relevant undertakers,

(e) water supply licensees and sewerage licensees,

(f) the Welsh Ministers, and

(g) anyone else the Secretary of State thinks appropriate.

(5) Exit regulations may—

(a) require the Secretary of State to lay a draft of a statement before Parliament before publishing it;

(b) require the Secretary of State to wait for a period specified in or determined under the regulations after laying the draft statement under paragraph (a);

(c) prohibit the Secretary of State from publishing it if, within that period, either House of Parliament resolves not to approve it.

(6) In this section “relevant function” means—

(a) in relation to the WSRA, a function mentioned in section 2(1)(b) of the Water Industry Act 1991;

(b) in relation to the CMA, a function of the CMA under the Competition Act 1998 or the Enterprise Act 2002.

Exit regulations: general

51

(1) Exit regulations may make such provision as the Secretary of State considers appropriate—

(a) for modifying a person's duties and powers, and

(b) for imposing new duties and conferring new powers on a person.

(2) The persons in relation to whom provision under subsection (1) may be made include—

(a) the Secretary of State;

(b) the Chief Inspector of Drinking Water;

(d) the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) of the Water Industry Act 1991 applies;

(e) the WSRA;

(f) the CMA;

(g) the Environment Agency;

(h) the NRBW;

(i) the Consumer Council for Water;

(j) relevant undertakers;

(k) water supply licensees and sewerage licensees.

(3) Exit regulations may—

(a) apply enactments, with or without such modifications as the Secretary of State thinks fit;

(b) amend, repeal or revoke enactments.

(4) The provision that may be made by exit regulations includes provision conferring power to make subordinate legislation.

(5) Exit regulations may—

(a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b) make different provision for different cases, including different provision in relation to different persons, circumstances or areas.

(6) In this section “enactment”—

(a) includes an Act or Measure of the National Assembly for Wales;

(b) includes an enactment contained in this Act, other than this Chapter.

Interpretation

52

(1) In this Chapter—

“the CMA” means the Competition and Markets Authority;

“eligible licensee” has the meaning given by section 44;

“exit application” means an application under section 42(1)(a);

“the NRBW” means the Natural Resources Body for Wales;

“non-household customer” means a person who is the customer as regards a service provided in respect of non-household premises;

“non-household premises” means premises other than household premises as defined in section 17C of the Water Industry Act 1991;

“retail exit area” has the meaning given by section 42;

“the WSRA” means the Water Services Regulation Authority.

(2) Except in so far as the context otherwise requires, terms used in this Chapter have the same meaning as in the Water Industry Act 1991.

Procedure

53

(1) Before making exit regulations, the Secretary of State is to consult—

(a) the Welsh Ministers;

(b) the WSRA;

(d) the Consumer Council for Water;

(e) relevant undertakers whose areas are wholly or mainly in England;

(f) water supply licensees and sewerage licensees;

(g) persons whom the Secretary of State considers to represent the interests of investors in the water industry.

(2) The power to make exit regulations is to be exercised by statutory instrument.

(3) A statutory instrument containing exit regulations made by the Secretary of State may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

CHAPTER 5 — Miscellaneous

Consumer redress

54

(1) The Water Services Regulation Authority may modify the conditions of—

(a) a pre-commencement appointment of a water or sewerage undertaker, or

(b) a pre-commencement water supply licence,

so as to include conditions relating to the provision of a consumer redress scheme.

(2) In subsection (1)—

(a) “pre-commencement appointment of a water or sewerage undertaker” means an appointment of a company under Chapter 1 of Part 2 of the Water Industry Act 1991 to be a water or sewerage undertaker which is made before the day on which this section comes into force, and

(b) “pre-commencement water supply licence” means a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 granted before that day.

(3) In this section, “consumer redress scheme” means a scheme or other arrangements for unresolved complaints to be investigated and determined by an independent person.

(4) The conditions that may under subsection (1) be included in an appointment or licence include in particular conditions requiring the company holding the appointment or the person holding the licence—

(a) to secure the provision of a consumer redress scheme, or

(b) to secure the provision of a consumer redress scheme which is of a description specified in the conditions or which meets requirements so specified.

(5) Where under subsection (1) the Authority modifies conditions of an appointment or licence, it may make such incidental or consequential modifications of other conditions of the appointment or, as the case may be, other conditions of the licence as it considers necessary or expedient.

(6) The power of the Authority under subsection (1) to modify the conditions of an appointment or licence may not be exercised after the end of the period of two years beginning with the day on which this section comes into force.

(7) Before making a modification under this section the Authority must consult—

(a) the company holding the appointment or the person holding the licence;

(b) the Secretary of State;

(d) the Consumer Council for Water;

(e) such other persons as the Authority thinks it appropriate to consult.

(8) The Minister may direct the Authority not to make a modification that it proposes to make under this section; and the Authority must comply with such a direction.

(9) In subsection (8) “the Minister” means—

(a) the Secretary of State, in relation to—

(i) a water or sewerage undertaker whose area is wholly or mainly in England;

(ii) a person who holds a licence under Chapter 1A of Part 2 of the Water Industry Act 1991;

(b) the Welsh Ministers, in relation to a water or sewerage undertaker whose area is wholly or mainly in Wales.

Modification of appointment and licence conditions

55

(1) The Water Services Regulation Authority may modify the conditions of appointment of a company appointed under Chapter 1 of Part 2 of the Water Industry Act 1991 to be a water or sewerage undertaker where it considers it necessary or expedient to do so in consequence of provision made by or under this Part.

(2) The Authority may modify the conditions of a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 where it considers it necessary or expedient to do so in consequence of provision made by or under this Part.

(3) Where the Authority modifies—

(a) conditions of appointment under subsection (1), or

(b) conditions of a licence under subsection (2),

it may make such incidental or consequential modifications of other conditions of the appointment or, as the case may be, other conditions of the licence as it considers necessary or expedient.

(4) Before making a modification under this section, the Authority must consult—

(a) the company holding the appointment or, as the case may be, the person holding the licence;

(b) the Secretary of State;

(d) such other persons as the Authority thinks it appropriate to consult.

(5) The power of the Authority to modify—

(a) the conditions of a company's appointment under subsection (1), or

(b) the conditions of a person's licence under subsection (2),

may not be exercised after the end of the period of two years beginning with the day on which the provision in question comes into force.

(6) References in subsections (1) to (5) to provision made by or under this Part are to be treated, where particular provision made by or under this Part comes into force on a particular day for a particular purpose, as references to so much of such provision as comes into force on a particular day.

(7) References in this section to provision made by or under this Part include references to provision made under section 90 or 91 in connection with this Part.

(8) The Minister may give directions to the Authority for the purpose of securing that—

(a) the conditions of appointment of a water or sewerage undertaker are modified under this section;

(b) the conditions of a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 are modified under this section.

(9) The Minister may direct the Authority not to make a modification that it proposes to make under this section.

(10) The Authority must comply with a direction under subsection (8) or (9).

(11) In this section “the Minister” means—

(a) the Secretary of State, in relation to—

(i) a water or sewerage undertaker whose area is wholly or mainly in England;

(ii) a person who holds a licence under Chapter 1A of Part 2 of the Water Industry Act 1991;

(b) the Welsh Ministers, in relation to a water or sewerage undertaker whose area is wholly or mainly in Wales.

Further amendments

56

Schedule 7 (which contains further amendments) has effect.

Part 2 — Water resources

Report on water abstraction reform

57

(1) The Secretary of State must prepare a report setting out progress made in reforming the arrangements for managing water abstraction in England.

(2) The Secretary of State must lay before Parliament a copy of the report.

(3) The report must be prepared and laid before the end of the period of five years beginning with the day on which this Act is passed.

Withdrawal of compensation for undertakers

58

(1) The Water Resources Act 1991 is amended as follows.

(2) In section 61 (compensation where licence modified on direction of the Secretary of State or Welsh Ministers), in subsection (1), after “Where a licence” there is inserted “ held by a person other than a water undertaker or sewerage undertaker ”.

(3) Section 61A (recovery of compensation from new licence-holder) is repealed.

Main rivers in England and Wales

59

(1) The Water Resources Act 1991 is amended as follows.

(2) For sections 193 and 194 (maintenance, inspection and amendment of main river maps for areas in England and Wales) there is substituted—

(193) (1) The Agency must keep the main river map for England. (2) For the purposes of this Act the main river map for England is a record of areas in England which— (a) shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and (b) indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137. (3) The map is conclusive as to the extent to which a watercourse in England is to be treated as a main river or as part of a main river for the purposes of this Act. (4) The map must specify the date on which it takes effect. (5) The Agency must keep the map in electronic form. (6) In this section and sections 193A to 193E “watercourse” has the same meaning as in Part 4 of this Act. (193A) (1) The Agency must provide reasonable facilities for inspecting the main river map for England in electronic form. (2) The Agency must on request provide any person with— (a) a hard copy of all or part of the map, or (b) data comprising all or part of the map in electronic form. (3) The Agency may charge a fee for providing a copy or data under subsection (2), but the fee— (a) must, in the case of a person appearing to the Agency to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and (b) in any other case, may not exceed the reasonable costs of providing the copy or data. (4) The Agency must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for England as is described in the second column of the entry for that body.

A local authority in England	The part that relates to the local authority's area
An internal drainage board for an internal drainage district that is wholly or partly in England	The part that relates to its district, so far as that district is in England
A water company that exercises functions in relation to an area in England	The part that relates to that area
A highway authority that exercises functions in relation to highways in England	The part that relates to the area in England in relation to which it exercises functions
A navigation authority that exercises functions in relation to an area in England	The part that relates to that area

(5) The Documentary Evidence Act 1868 has effect as if— (a) the Agency were mentioned in the first column of the Schedule to that Act; (b) any member of the staff of the Agency authorised to act on behalf of the Agency were specified in the second column of the Schedule to that Act in connection with the Agency; (c) the regulation referred to in that Act included the main river map for England kept by the Agency; (d) references to a copy included references to a print-out of information kept in electronic form. (193B) (1) The Agency may at any time replace the existing main river map for England for the purpose of including— (a) a change which, pursuant to section 193(2)(b), is required by the making, amendment or revocation of a scheme under section 137, (b) a change to give effect to a determination under section 193C, or (c) a change directed by the Secretary of State under section 193D(5) (following an appeal against a determination). (2) A replacement map may not include other changes. (3) A replacement map must specify the date on which it takes effect. (193C) (1) Subject to the following provisions of this section, the Agency may determine that— (a) such watercourse or part of a watercourse in England as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river; (b) such watercourse or part of a watercourse in England as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river. (2) Before making a determination under subsection (1) as regards a watercourse, the Agency must— (a) publish (in such manner as it considers appropriate) the determination it proposes to make, and (b) consider representations made within the time and in the manner specified by the Agency when publishing the determination. (3) The Agency must consult the NRBW before making a determination under subsection (1)— (a) which affects a watercourse part of which is in England and part of which is in Wales, and (b) in which it seems to the Agency that the NRBW has an interest. (4) Having taken such steps as are required by subsections (2) and (3), the Agency may— (a) decide not to make a determination, or (b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise. (5) The Agency must publish (in such manner as it considers appropriate)— (a) that decision; (b) the terms of any determination made; (c) if a determination is made, the date on which a replacement map will give effect to the determination. (6) The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published. (7) The Agency must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5). (193D) (1) A person aggrieved by a determination under section 193C may appeal to the Secretary of State. (2) An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 193C(5) are published. (3) Where an appeal is made against a determination, a replacement map under section 193B may not include a change to give effect to the determination except as specified in this section. (4) The Secretary of State may appoint a person to make a report to assist the Secretary of State in determining the appeal. (5) If the Secretary of State allows the appeal in whole or in part, the Secretary of State may by direction to the Agency— (a) specify a change to be included in a replacement map under section 193B, and (b) specify the date on which that change is to take effect. (6) If the Secretary of State dismisses the appeal, the Agency may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Secretary of State may direct. (7) The Secretary of State may direct the Agency to publish the Secretary of State's decision in such manner as the direction may specify. (193E) (1) The Secretary of State may from time to time issue guidance to the Agency about the exercise of its functions under sections 193 to 193D. (2) The guidance may in particular include guidance as to— (a) determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river; (b) what kind of publication is appropriate under section 193C(2) and (5). (3) The Agency must have regard to the guidance in carrying out its functions under sections 193 to 193D. (194) (1) The NRBW must keep the main river map for Wales. (2) For the purposes of this Act the main river map for Wales is a record of areas in Wales which— (a) shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and (b) indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137. (3) The map is conclusive as to the extent to which a watercourse in Wales is to be treated as a main river or as part of a main river for the purposes of this Act. (4) The map must specify the date on which it takes effect. (5) The NRBW must keep the map in electronic form. (6) In this section and sections 194A to 194E “watercourse” has the same meaning as in Part 4 of this Act. (194A) (1) The NRBW must provide reasonable facilities for inspecting the main river map for Wales in electronic form. (2) The NRBW must on request provide any person with— (a) a hard copy of all or part of the map, or (b) data comprising all or part of the map in electronic form. (3) The NRBW may charge a fee for providing a copy or data under subsection (2), but the fee— (a) must, in the case of a person appearing to the NRBW to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and (b) in any other case, may not exceed the reasonable costs of providing the copy or data. (4) The NRBW must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for Wales as is described in the second column of the entry for that body.

A local authority in Wales	The part that relates to the local authority's area
An internal drainage board for an internal drainage district that is wholly or partly in Wales	The part that relates to its district, so far as that district is in Wales
A water company that exercises functions in relation to an area in Wales	The part that relates to that area
A highway authority that exercises functions in relation to highways in Wales	The part that relates to the area in Wales in relation to which it exercises functions
A navigation authority that exercises functions in relation to an area in Wales	The part that relates to that area

(5) The Documentary Evidence Act 1868 has effect as if— (a) the NRBW were mentioned in the first column of the Schedule to that Act; (b) any member of the staff of the NRBW authorised to act on behalf of the NRBW were specified in the second column of the Schedule to that Act in connection with the NRBW; (c) the regulation referred to in that Act included the main river map for Wales kept by the NRBW; (d) references to a copy included references to a print-out of information kept in electronic form. (194B) (1) The NRBW may at any time replace the existing main river map for Wales for the purpose of including— (a) a change which, pursuant to section 194(2)(b), is required by the making, amendment or revocation of a scheme under section 137, (b) a change to give effect to a determination under section 194C, or (c) a change directed by the Welsh Ministers under section 194D(5) (following an appeal against a determination). (2) A replacement map may not include other changes. (3) A replacement map must specify the date on which it takes effect. (194C) (1) Subject to the following provisions of this section, the NRBW may determine that— (a) such watercourse or part of a watercourse in Wales as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river; (b) such watercourse or part of a watercourse in Wales as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river. (2) Before making a determination under subsection (1) as regards a watercourse, the NRBW must— (a) publish (in such manner as it considers appropriate) the determination it proposes to make, and (b) consider representations made within the time and in the manner specified by the NRBW when publishing the determination. (3) The NRBW must consult the Agency before making a determination under subsection (1)— (a) which affects a watercourse part of which is in Wales and part of which is in England, and (b) in which it seems to the NRBW that the Agency has an interest. (4) Having taken such steps as are required by subsections (2) and (3), the NRBW may— (a) decide not to make a determination, or (b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise. (5) The NRBW must publish (in such manner as it considers appropriate)— (a) that decision; (b) the terms of any determination made; (c) if a determination is made, the date on which a replacement map will give effect to the determination. (6) The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published. (7) The NRBW must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5). (194D) (1) A person aggrieved by a determination under section 194C may appeal to the Welsh Ministers. (2) An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 194C(5) are published. (3) Where an appeal is made against a determination, a replacement map under section 194B may not include a change to give effect to the determination except as specified in this section. (4) The Welsh Ministers may appoint a person to make a report to assist them in determining the appeal. (5) If the Welsh Ministers allow the appeal in whole or in part, they may by direction to the NRBW— (a) specify a change to be included in a replacement map under section 194B, and (b) specify the date on which that change is to take effect. (6) If the Welsh Ministers dismiss the appeal, the NRBW may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Welsh Ministers may direct. (7) The Welsh Ministers may direct the NRBW to publish their decision in such manner as the direction may specify. (194E) (1) The Welsh Ministers may from time to time issue guidance to the NRBW about the exercise of its functions under sections 194 to 194D. (2) The guidance may in particular include guidance as to— (a) determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river; (b) what kind of publication is appropriate under section 194C(2) and (5). (3) The NRBW must have regard to the guidance in carrying out its functions under sections 194 to 194D.

(3) In section 113 (interpretation of Part 4), in subsection (1), in the definition of “main river”, for “a main river map” there is substituted “ the main river map for England or the main river map for Wales ”.

(4) In section 221 (interpretation of the Act), in subsection (1)—

(a) for the definition of “main river map” there is substituted—

“the main river map for England” has the meaning given by section 193(2); “the main river map for Wales” has the meaning given by section 194(2);

;

(b) in the definition of “watercourse”, for “and 113(1)” there is substituted “ 113(1), 193(6) and 194(6) ”.

Maps of waterworks

60

(1) Section 195 of the Water Resources Act 1991 (duty of appropriate agency to keep records of location of waterworks) is repealed.

(2) In Schedule 23 to that Act (mineral rights), in paragraph 7(2) (structures and underground works which comprise appropriate agency's undertaking), for paragraph (b) there is substituted—

(b) any resource mains, discharge pipes or other underground works which are for the time being vested in the appropriate agency.

Part 3 — Environmental regulation

Regulation of the water environment

61

(1) The Minister may by regulations make provision for any of the purposes listed in Part 1 of Schedule 8; and Part 2 of that Schedule has effect for supplementing Part 1.

(2) Except as provided in Schedule 8, any provision so made is to be provision for or in connection with—

(a) regulating the use of water resources,

(b) securing the drainage of land or the management of flood risk, or

(3) In making regulations under this section, the Minister is to have regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under this section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.

(4) Regulations under this section may—

(a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Minister considers appropriate, and

(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.

(5) Before making any regulations under this section, the Minister is to consult—

(a) the Environment Agency;

(b) the Natural Resources Body for Wales;

(c) such bodies or persons appearing to the Minister to be representative of the interests of local government, industry, agriculture and small businesses respectively as the Minister may consider appropriate;

(d) such other bodies or persons as the Minister may consider appropriate.

(6) It is immaterial for the purposes of subsection (5) whether consultation is carried out before or after the coming into force of this section.

(7) The Secretary of State's power to make regulations under this section is subject to the consent of the Scottish Ministers so far as the regulations apply as mentioned in subsection (11)(b),

(8) In this section and Schedule 8 a reference to the use of water resources—

(a) includes a reference to taking, diverting or impounding water from any inland waters, or taking water contained in underground strata, and applying it to any purpose, and

(b) includes a reference to wasting water whether by action or omission, but

(c) does not include a reference to the use, by a person other than a water undertaker, of water drawn from a water mains or pipe forming part of a system used by a water undertaker in carrying out a duty under section 37 of the Water Industry Act 1991.

(9) In this section and Schedule 8—

“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;

“fish” means freshwater fish and migratory fish;

“flood” has the meaning given in section 1 of the Flood and Water Management Act 2010;

“flood risk” has the meaning given in section 2 of that Act;

“freshwater fish” means any fish habitually living in fresh water;

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