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

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Reform history JSON API

(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 ”;

(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(a) the words “, from the person in respect of whose liability the power is exercised,” are repealed;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.

61

In section 63 (general duties of undertakers with respect to disconnections), after subsection (3) there is inserted—

(3A) A water undertaker is not guilty of an offence under subsection (3) where it disconnects a service pipe or otherwise cuts off a supply of water under section 61 in the circumstances mentioned in section 61(1ZB) (request from water supply licensee).

62

In the italic heading preceding section 63AA, for “licensed water supplier” there is substituted “ water supply licensee ”.

63

(1) Section 63AA (supply by licensed water supplier: domestic supply duty) is amended as follows.

(2) In the title, for “licensed water supplier” there is substituted “ water supply licensee ”.

(3) In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.

64

(1) Section 63AB (supply by licensed water supplier: non-domestic supply) is amended as follows.

(2) In the title, for “licensed water supplier” there is substituted “ water supply licensee ”.

(3) In subsection (1), in the opening words, after “above” there is inserted “ or section 63AC(2) ”.

(4) In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.

65

(1) Section 63AC (interim duty of water undertaker: domestic and non-domestic supply) is amended as follows.

(2) In subsections (1)(a) and (2), for “licensed water supplier” there is substituted “ water supply licensee ”.

66

In the italic heading preceding section 68, for “licensed water suppliers” there is substituted “ water supply licensees ”.

67

(1) Section 68 (duties with respect to water quality) is amended as follows.

(2) In the title, for “licensed water suppliers” there is substituted “ water supply licensees ”.

(3) In subsection (1A)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) in paragraph (a), for “its retail authorisation” there is substituted “ the licensee's retail authorisation or restricted retail authorisation ”;

(d) in paragraph (b), for “its retail authorisation” there is substituted “ the licensee's retail authorisation or restricted retail authorisation ”;

(e) the words following paragraph (b) are repealed.

(4) In subsection (3A)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) in paragraph (b), for “the supplier” there is substituted “ the licensee ”.

(5) In subsection (3B), for “licensed water supplier” there is substituted “ water supply licensee ”.

(6) In subsection (5), for “licensed water supplier” there is substituted “ water supply licensee ”.

(7) After subsection (5) there is inserted—

(6) References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A. (7) In this section “prescribed” means— (a) in relation to a water undertaker whose area is wholly or mainly in Wales, and (b) in relation to a water supply licensee so far as relating to licensed activities using the supply system of such a water undertaker, prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly.

68

(1) Section 69 (regulations for preserving water quality) is amended as follows.

(2) In subsections (1), (2), (5)(aa), (6)(b) and (c) and (7)(a)(ii) and (b), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3) In subsections (3) and (4)(a) and (b), for “licensed water suppliers”, in each place, there is substituted “ water supply licensees ”.

(4) In subsection (5)(aa), for “that supplier” there is substituted “ that licensee ”.

(5) In subsections (5)(b) and (6)(b), for “or supplier”, in both places, there is substituted “ or licensee ”.

69

In section 72 (contamination of water sources), in subsection (5)(c) for “licensed water supplier” there is substituted “ water supply licensee ”.

70

In section 73 (offences of contaminating, wasting and misusing water etc), in subsection (1)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) in paragraph (b), for “supplier” there is substituted “ licensee ”.

71

(1) Section 74 (regulations for preventing contamination, waste etc and with respect to water fittings) is amended as follows.

(2) In subsection (1)(b) and (d), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3) In subsection (1)(c), for “a licensed water supplier” there is substituted “ that or another water supply licensee ”.

72

(1) Section 75 (power to prevent damage and to take steps to prevent contamination, waste etc) is amended as follows.

(2) In subsection (1A), for “licensed water supplier” there is substituted “ water supply licensee ”.

(3) In subsection (11)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4) In subsection (12), for “section 17B(5)” there is substituted “ section 17B ”.

73

In section 76 (temporary bans on use)—

(a) in subsection (1), for “by it” there is substituted “ by means of its supply system ”;

(b) after subsection (7) there is inserted—

(8) The reference in subsection (1) to the supply system of a water undertaker is to be construed in accordance with section 17B.

74

(1) Section 78 (local authority functions in relation to undertakers' supplies) is amended as follows.

(2) In subsection (1)(a), for “licensed water supplier” there is substituted “ water supply licensee ”.

(3) In subsection (3), for “section 17B(5)” there is substituted “ section 17B ”.

75

(1) Section 86 (assessors for the enforcement of water quality) is amended as follows.

(2) In subsections (2)(a)(i), (3), (4)(c)(i) and (6), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3) In subsection (4)(c)(i), for “or supplier” there is substituted “ or licensee ”.

(4) In subsection (6), for “it” there is substituted “ that person ”.

76

In section 87 (fluoridation of water supplies at request of relevant authorities), in subsections (2)(b) and (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

77

In section 87C (fluoridation arrangements: compliance), in subsection (4)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

78

In section 90 (indemnities in respect of fluoridation), in subsection (2)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “it”, in both places, there is substituted “ the licensee ”.

79

In section 93 (interpretation of Part 3), in subsection (1), in the definition of “private supply”, for “licensed water supplier” there is substituted “ water supply licensee ”.

80

(1) In section 93A (duty to promote the efficient use of water)—

(a) in subsections (1), (2) and (3), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”;

(b) in subsections (1) and (3), for “its customers” there is substituted “ that person's customers ”.

81

(1) Section 93B (power of Authority to impose requirements on water undertakers) is amended as follows.

(2) In subsections (1), (2), (3), (4), (5) and (6), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3) In subsection (1), for “its performance of its duty” there is substituted “ the performance of that undertaker's or licensee's duty ”.

(4) In subsections (2), (4), (5) and (6), for “or supplier”, in each place, there is substituted “ or licensee ”.

(5) In subsection (2), for “its duty” there is substituted “ the undertaker's or licensee's duty ”.

(6) In subsections (3) and (6), for “its customers”, in each place, there is substituted “ that person's customers ”.

82

(1) Section 93C (publicity of requirements imposed under section 93B) is amended as follows.

(2) In subsection (1)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “or supplier's” there is substituted “or licensee's”.

(3) In subsection (2)(b), for “or supplier” there is substituted “ or licensee ”.

83

(1) Section 93D (information as to compliance with requirements under section 93B) is amended as follows.

(2) In subsections (1), (3) and (4), for “licensed water supplier”, in each place, there is substituted “ water supply licensee ”.

(3) In subsections (1), (2)(b) and (3), for “or supplier”, in each place, there is substituted “ or licensee ”.

(4) In subsection (3), for “or supplier's” there is substituted “or licensee's”.

84

In the heading to Chapter 1 of Part 4 (general functions of sewerage undertakers), at the end there is inserted “etc”.

85

In section 95B (publication of statistical information about complaints)—

(a) in subsection (1), after “undertakers” there is inserted “ or sewerage licensees ”;

(b) in subsection (2), after “undertakers” there is inserted “ or sewerage licensees ”.

86

(1) Section 96A (information to be given to customers about overall performance) is amended as follows.

(2) In subsection (1), after “customers” there is inserted “ , and, if the direction so specifies, sewerage licensees using the undertaker's sewerage system for the purpose of providing sewerage services to the premises of customers, ”.

(3) After subsection (1) there is inserted—

(1A) Each sewerage licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee's customers of— (a) the standards of overall performance established under section 95ZA(1) which are applicable to that licensee; (b) that licensee's level of performance as regards those standards. (1B) The Authority may direct that the requirement in subsection (1A) is not to apply to such sewerage licensees as may be specified in the direction.

(4) In subsection (2), for “any such direction” there is substituted “ a direction under subsection (1) or (1A) ”.

(5) After subsection (2) there is inserted—

(2A) The sewerage licensees referred to in subsection (1) shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers. (2B) In subsection (1), the reference to the sewerage undertaker's sewerage system is to be construed in accordance with section 17BA(7).

(6) In subsection (3), after “undertaker” there is inserted “ or sewerage licensee ”.

87

In section 99 (financial conditions for compliance with the duty in section 98), subsection (7) (terms defined in sections 100 and 100A) is repealed.

88

Sections 100 and 100A (calculations for the purposes of section 99) are repealed.

89

In section 101B (power to provide lateral drain following provision of public sewer) (as amended by section 19)—

(a) in subsection (3), for “water” there is substituted “ sewerage ”;

(b) in subsection (4), the “or” following paragraph (a) is repealed.

90

In section 102 (adoption of sewers and disposal works), in subsection (4) (sewerage undertaker to give notice of proposal), after “under this section—” there is inserted—

(za) shall give notice of its proposal to any sewerage licensee which uses, or removes matter from, the undertaker's sewerage system in accordance with a retail, wholesale or disposal authorisation;

91

In section 104 (agreements to adopt sewers, etc), subsection (9) (inserted by section 42(3) of the Flood and Water Management Act 2010) is repealed.

92

In section 105 (appeals with respect to adoption)—

(a) subsection (2) is repealed;

(b) in subsection (4), paragraph (b) and the “or” preceding it are repealed;

(d) in subsection (7), the words from “and for” to the end are repealed.

93

In section 105C (adoption schemes: supplementary), in subsection (2), after paragraph (a) insert—

(aa) any sewerage licensee which uses, or removes matter from, the sewerage system of any such sewerage undertaker in accordance with a retail, wholesale or disposal authorisation;

94

In section 106B (requirement to enter into agreement before connection charges etc), after subsection (3) (no charges for vesting declaration) there is inserted—

(3A) A reference in this section to an agreement entered into under section 104 includes a reference to— (a) an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and (b) an agreement which has been varied by order under section 105ZB(1).

95

In section 107 (right of sewerage undertaker to undertake the making of communications with public sewers), after subsection (6) there is inserted—

(7) A reference in this section to an agreement under section 104 includes a reference to— (a) an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and (b) an agreement which has been varied by order under section 105ZB(1).

96

In section 113 (power to alter drainage system of premises in an area), in subsection (3), for the words from “notice of its proposals to” to the end of the subsection there is substituted

notice of its proposals to— (a) the owner of the premises in question, and (b) any sewerage licensee providing sewerage services to those premises.

97

In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the Water Resources Act 1991” there is inserted “ or the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) ”.

98

(1) Section 146 (connection charges etc) is amended as follows.

(2) After subsection (3) there is inserted—

(3A) The reference in subsection (3) to an agreement under section 104 includes a reference to— (a) an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and (b) an agreement which has been varied by order under section 105ZB(1).

(3) In subsection (4)—

(a) after “sewerage undertaker” there is inserted “ or a sewerage licensee ”;

(b) after “to the undertaker” there is inserted “ or the licensee (as the case may be) ”.

(4) In subsection (5), after “certain charges” there is inserted “ by relevant undertakers ”.

99

In section 147 (charging for use of emergency water), in subsection (1), after “undertaker” there is inserted “ or water supply licensee ”.

100

In section 148 (restriction on charging for metering works), in subsection (2)(cc), after “section 66D” there is inserted “ or 117E ”.

101

In section 150 (fixing maximum charges for services provided with the help of undertakers' services), for subsection (1A) there is substituted—

(1A) This section does not apply to— (a) water supplies provided by a water supply licensee, or (b) sewerage services provided by a sewerage licensee, to premises of customers in accordance with Chapter 1A of Part 2.

102

In section 152 (grants for national security purposes), in subsection (1), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”.

103

(1) Section 154A (financial assistance to reduce charges of relevant undertakers and water supply licensees) is amended as follows.

(2) In subsection (1)—

(a) the “or” following paragraph (a) is repealed;

(b) in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(d) at the end of paragraph (b) there is inserted

, or (c) a sewerage licensee that serves premises in accordance with the licensee's retail authorisation using the sewerage system of an English undertaker.

(3) In subsection (6)—

(a) the “or” following paragraph (a) is repealed;

(b) in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

, or (c) to a sewerage licensee by means of an arrangement made by the Secretary of State with an English undertaker that is a sewerage undertaker.

(4) In subsection (7)—

(a) in paragraph (a), for “a licensed water supplier” there is substituted “ a water supply licensee or a sewerage licensee ”;

(b) the “or” following paragraph (a) is repealed;

(d) in paragraph (b), for “its” there is substituted “the licensee's”;

(e) at the end of paragraph (b) there is inserted

, or (c) a person whose premises are served by a sewerage licensee in accordance with the licensee's retail authorisation using the undertaker's sewerage system.

(5) In subsection (8)—

(a) for “of a licensed water supplier” there is substituted “ of a water supply licensee or of a sewerage licensee ”;

(b) for “section 17A(2)” there is substituted “ Schedule 2A or Schedule 2B, as the case may be, ”.

104

In section 158 (powers to lay pipes in streets), in subsection (7)(a), for the words from “section 66B(3)(a)(ii) above” to “section 66B(3)(a)(iii) above” there is substituted “ section 66B(4)(a)(i) or (b)(i) which is used for the purpose of supplying water other than for domestic or food production purposes or laid in pursuance of section 66B(4)(b)(ii) ”.

105

(1) Section 162 (works in connection with metering) is amended as follows.

(2) In subsection (1A)—

(a) in paragraph (d), for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) after paragraph (d) there is inserted

, or (e) a sewerage licensee provides sewerage services in respect of those premises using the undertaker's sewerage system.

(3) In subsection (1B), for “section 17B(5)” there is substituted “ section 17B ”.

(4) After subsection (1B) there is inserted—

(1C) In subsection (1A)(e) above, the reference to the sewerage system of a sewerage undertaker shall be construed in accordance with section 17BA.

106

In section 163 (power to fit stopcocks), in subsection (1), for “a licensed water supplier” there is substituted “ a water supply licensee ”.

107

In section 164 (agreements for works with respect to water sources), in subsection (2) (notice to be given before agreeing to works entailing a discharge into a watercourse), for the words from “the NRA” to “if the watercourse” there is substituted

— (a) the Environment Agency, if the proposed works will affect any watercourse in England, (b) the NRBW, if the proposed works will affect any watercourse in Wales, and (c) if the watercourse

108

(1) Section 174 (offences of interference with works etc) is amended as follows.

(2) In subsection (1A)—

(a) in the opening words, for “the licensed water supplier” there is substituted “ the water supply licensee ”;

(b) in paragraph (a)(i)—

(i) for “any licensed water supplier” there is substituted “ any water supply licensee ”;

(ii) for “any such supplier” there is substituted “ any such licensee ”;

(i) for “the supplier” there is substituted “ the licensee ”;

(ii) for “its licence” there is substituted “ the licensee's licence ”.

(3) In subsection (2)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4) In subsection (2A)—

(a) in paragraph (b), in the opening words, for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(b) in paragraph (b)(i), for “the supplier” there is substituted “ the licensee ”;

(d) in the words following paragraph (b), for “section 17B(5)” there is substituted “ section 17B ”.

(5) In subsection (3A)—

(a) in the opening words, for “the licensed water supplier” there is substituted “ the water supply licensee ”;

(b) in paragraph (a)(i), for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(i) for “the supplier” there is substituted “ the licensee ”;

(ii) for “its licence” there is substituted “ the licensee's licence ”;

(d) in paragraph (b), for “a supplier”, in both places, there is substituted “ a licensee ”.

(6) In subsection (5A)—

(a) in paragraph (a), for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(b) in paragraph (b)—

(i) for “the supplier” there is substituted “ the licensee ”;

(ii) for “its licence” there is substituted “ the licensee's licence ”.

(7) In subsection (8A)(b)—

(a) for “a licensed water supplier” there is substituted “ a water supply licensee ”;

(b) for “the supplier” there is substituted “ the licensee ”.

109

(1) Section 175 (offence of tampering with meter) is amended as follows.

(2) In subsection (1) (offence of tampering) for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

(3) In subsection (3) (meaning of “appropriate consent”)—

(a) for paragraph (b) there is substituted—

(b) if the meter is used by one water supply licensee, the consent of that licensee; (ba) if the meter is used by one sewerage licensee, the consent of that licensee;

;

(b) in paragraph (c), for sub-paragraph (ii) there is substituted—

(ii) a water supply licensee; (iii) a sewerage licensee,

110

In section 179 (vesting of works in undertaker), in subsection (1A) (when persons may agree to vest pipes etc in a person other than the undertaker), the words from “but no agreement” to the end are repealed.

111

(1) Section 195 (the Authority's register) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (bc), for “66D(1)” there is substituted “ 66CA(1) ”;

(b) in paragraph (g), for “or 66H above” there is substituted “ , 66H, 117N or 117O ”.

(3) In subsection (3AA), for “licensed water supplier” there is substituted “ water supply licensee ”.

(4) Subsection (3A) is repealed.

112

(1) Section 195A (reasons for decisions) is amended as follows.

(2) In subsection (1)(f), for “66D(1)” there is substituted “ 66CA(1) ”.

(3) In subsection (3), after “appointment or” there is inserted “ the person holding the ”.

113

(1) Section 201 (publication of certain information and advice) is amended as follows.

(2) In subsection (1)(b), for “company” there is substituted “ person ”.

(3) In subsection (2), after “Part II of this Act or” there is inserted “ a person holding ”.

114

(1) Section 202 (duties of undertakers to furnish the Secretary of State with information) is amended as follows.

(2) In subsection (1A), for “company”, in both places, there is substituted “ person ”.

(3) In subsection (3), for “company”, in each place, there is substituted “ person ”.

(4) In subsection (4)(c)—

(a) after “particular company” there is inserted “ or person ”;

(b) after “to companies” there is inserted “ or persons ”;

(d) after “Part II of this Act or” there is inserted “ to all the persons holding ”.

(5) In subsection (5), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

115

In section 205 (exchange of metering information between undertakers), in subsection (4)—

(a) the “and” at the end of paragraph (a) is repealed;

(b) in paragraph (b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(c) any sewerage licensee.

116

(1) Section 206 (restriction on disclosure of information) is amended as follows.

(2) In subsection (3)(b), for “a licensed water supplier of any of the duties imposed on it” there is substituted “ a water supply licensee or sewerage licensee of any of the duties imposed on the licensee ”.

(3) In subsection (5)(a), for “a licensed water supplier of activities under its licence” there is substituted “ a water supply licensee or sewerage licensee of activities under the licence held by the licensee ”.

117

(1) Section 208 (directions in the interests of national security) is amended as follows.

(2) In subsection (1)—

(a) for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;

(b) for “or supplier” there is substituted “ or licensee ”.

(3) In subsection (2)—

(a) for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;

(b) for “or supplier” there is substituted “ or licensee ”;

(4) In subsection (3)—

(a) for “or licensed water supplier”, in both places, there is substituted “ , water supply licensee or sewerage licensee ”;

(b) for “on it” there is substituted “ on that undertaker or licensee ”;

118

In section 211 (limitation on right to prosecute in respect of sewerage offences), in paragraph (b), after “undertaker;” there is inserted—

(ba) a sewerage licensee;

119

(1) Section 213 (powers to make regulations) is amended as follows.

(2) In subsection (1)—

(a) the words “17D(8),” (inserted by section 35(2) of the Flood and Water Management Act 2010) are repealed;

(b) the words “or 17D(8)” (inserted by paragraph 49 of Schedule 8 to the Water Act 2003) are repealed (if they remain in force to any extent);

(3) After subsection (1) there is inserted—

(1ZA) The requirement in subsection (1) does not apply in the case of regulations made by the Welsh Ministers under section 17D(8).

(4) In subsection (2)(a), for “or sewerage undertaker or licensed water supplier” there is substituted “ , sewerage undertaker, water supply licensee or sewerage licensee ”.

120

(1) Section 219 (general interpretation) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “customer or potential customer”, in paragraph (a), for “licensed water supplier” there is substituted “ water supply licensee or sewerage licensee ”;

(b) in the definition of “protected land”, in paragraph (b), for “section 218” there is substituted “ section 217 ”;

— (a) in the case of a sewerage undertaker, includes

;

(d) in that definition, after the paragraph (a) so formed there is inserted

or (b) in the case of a sewerage licensee, means the services provided by that person in that person's capacity as a sewerage licensee;

;

(e) in the definition of “water main”—

(i) for “licensed water supplier” there is substituted “ water supply licensee ”;

(ii) for “or supplier” there is substituted “ or licensee ”;

(f) the following are inserted at the appropriate place—

“charging rules” means rules issued under section 144ZA;

;

“sewerage licensee” is to be construed in accordance with section 17BA(6);

;

“water supply licensee” is to be construed in accordance with section 17A(7);

;

(g) the definition of “licensed water supplier” is repealed.

(3) After subsection (10) there is inserted—

(11) Subsection (10) does not apply to references to the Chief Inspector of Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and 86ZA.

121

In Schedule 1A (the Water Services Regulation Authority), in paragraph 9(3), for paragraph (f) (and the “and” following it) there is substituted—

(f) water supply licensees; (fa) sewerage licensees; and

122

(1) Schedule 2 (transitional provision on termination of appointments) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (3A)(a), for “a qualifying licensed water supplier” there is substituted “ a qualifying water supply licensee or a qualifying sewerage licensee ”;

(b) in sub-paragraph (3A)(b), for “carry on activities” there is substituted

carry on— (i) activities

;

; or (ii) activities relating to the removal or removals of matter mentioned in section 23(9) of this Act which were carried on by the transferor until that date (as the case may be).

;

(d) in sub-paragraph (4), in the definition of “other relevant companies”, for “to be holding” there is substituted

to be— (a) holding

;

(e) in sub-paragraph (4), in that definition, after the paragraph (a) so formed there is inserted

or (b) holding appointments as sewerage undertakers for any area in which, or in part of which, the activities relating to the removal or removals of matter mentioned in section 23(9) of this Act will be carried on by the transferee (as the case may be);

(3) In paragraph 2(7A)(b), for “licensed water supplier” there is substituted “ water supply licensee or sewerage licensee ”.

123

In Schedule 8 (pre-1989 Act transitional authority for trade effluent discharges etc), after paragraph 2(3) there is inserted—

(3A) If a sewerage undertaker serves a notice under sub-paragraph (2) in relation to premises in respect of which a sewerage licensee provides sewerage services, the sewerage undertaker must send a copy of the notice to the sewerage licensee.

Water Resources Act 1991 (c. 57)

124

The Water Resources Act 1991 is amended as follows.

125

(1) Section 203 (exchange of information with respect to pollution incidents etc) is amended as follows.

(2) In subsection (1A)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “supplier” there is substituted “ licensee ”;

(3) In subsection (2A)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “supplier” there is substituted “ licensee ”.

(4) In subsection (3)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “supplier” there is substituted “ licensee ”.

(5) In subsection (4), for “licensed water supplier” there is substituted “ water supply licensee ”.

(6) In subsection (5)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

(7) In subsection (8)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “a company” there is substituted “ a person ”.

126

(1) Section 204 (restriction on disclosure of information) is amended as follows.

(2) In subsection (2)(b)—

(a) for “company” there is substituted “ person ”;

(b) for “on it” there is substituted “ on the undertaker or, as the case may be, the person ”.

(3) In subsection (4)(a)—

(a) for “a company” there is substituted “ a person ”;

(b) for “its licence” there is substituted “ the person's licence ”.

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

127

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, in the entry relating to the Water Industry Act 1991—

(a) for “licensed water suppliers” there is substituted “ water supply licensees ”;

(b) for “licensed water supplier”, in each place those words occur, there is substituted “ water supply licensee ”.

Enterprise Act 2002 (c. 40)

128

The Enterprise Act 2002 is amended as follows.

129

(1) Section 168 (regulated markets) is amended as follows.

(2) In subsection (3)(ff), after “section 66D” there is inserted “ or 117E ”.

(3) In subsection (4)(ff), after “section 66D”, in both places, there is inserted “ or 117E ”.

130

In section 249 (special administration regime), in subsection (1)(aa)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) after “administration order)” there is inserted “ or a qualifying sewerage licensee within the meaning of subsection (8) of that section ”.

Water Act 2003 (c. 37)

131

The Water Act 2003 is amended as follows.

132

Section 40 (which inserted the section 2A of the Water Industry Act 1991 that is being replaced by section 24 of this Act) is repealed.

133

(1) Section 52 (co-operation between water regulators) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”;

(b) in paragraph (b), for “licensed water suppliers” there is substituted “ water supply licensees ”;

(c) in paragraph (c), for “and licensed water suppliers” there is substituted “ , water supply licensees and sewerage licensees ”.

(3) After subsection (8) there is inserted—

(9) In this section— - “sewerage licensee” means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991; - “water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.

134

(1) Section 58 (fluoridation of water supplies) is amended as follows, to the extent that it is not in force on the day on which paragraphs 76 to 78 come into force.

(2) In subsection (2)—

(a) in the inserted section 87 of the Water Industry Act 1991 (fluoridation of water supplies at request of relevant authorities), in subsections (2)(b) and (3)(b), for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) in the inserted section 87C of the Water Industry Act 1991 (fluoridation arrangements: compliance), in subsection (4)(b), for “licensed water supplier” there is substituted “ water supply licensee ”.

(3) In subsection (6), in the inserted section 90 of the Water Industry Act 1991 (indemnities in respect of fluoridation), in subsection (2)—

(a) for “licensed water supplier” there is substituted “ water supply licensee ”;

(b) for “it”, in both places, there is substituted “ the licensee ”.

Government of Wales Act 2006 (c. 32)

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumers, Estate Agents and Redress Act 2007 (c. 17)

136

The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

137

In section 4 (meaning of “designated consumers”), in subsection (3)—

(a) for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”;

(b) for “its capacity” there is substituted “ the undertaker's or licensee's capacity ”.

138

(1) Section 25 (enforcement by regulator of section 24 notice) is amended as follows.

(2) In subsection (2), for “its capacity” there is substituted “ the person's capacity ”.

(3) In subsection (3), in the table, for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

(4) In subsection (7), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

139

In section 33 (supplementary provision about transfer and abolition orders), in subsection (10)—

(a) for “or a licensed water supplier” there is substituted “ , a water supply licensee or a sewerage licensee ”;

(b) for “its capacity” there is substituted “ the undertaker's or licensee's capacity ”.

140

In section 41 (interpretation of Part 1), in subsection (1)—

(a) the definition of “licensed water supplier” is repealed;

(b) at the appropriate place there is inserted—

“sewerage licensee” means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991;

;

“water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.

141

(1) Section 42 (interpretation of Part 2) is amended as follows.

(2) In subsection (1), in the table—

(a) in the first column, for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”;

(b) in the second column, for “or licensed water supplier in its capacity” there is substituted “ , water supply licensee or sewerage licensee in the undertaker's or licensee's capacity ”.

(3) In subsection (2)—

(a) the definition of “licensed water supplier” is repealed;

(b) at the appropriate place there is inserted—

“sewerage licensee” has the same meaning as in Part 1;

;

“water supply licensee” has the same meaning as in Part 1.

142

In section 52 (enforcement of requirements imposed under Part 2), in subsection (3), for “or licensed water supplier” there is substituted “ , water supply licensee or sewerage licensee ”.

Flood and Water Management Act 2010 (c. 29)

143

The Flood and Water Management Act 2010 is amended as follows.

144

In section 6 (other Part 1 definitions), in subsection (11) (“water company”)—

(a) in the opening words, the words “a company which holds” are repealed;

(b) in paragraph (a), at the beginning there is inserted “a company which holds”;

145

In section 35 (provision of infrastructure), in subsection (2), in the words inserted into section 213(1) of the Water Industry Act 1991, the words “17D(8),” are repealed (if section 35(2) remains to be brought into force to any extent).

146

In section 42 (agreements on new drainage systems)—

(a) subsection (2) (which substitutes section 105(2) of the Water Industry Act 1991) is repealed;

(b) subsection (3) (which inserts section 104(9) of the Water Industry Act 1991) is repealed.

147

In section 44 (social tariffs in charges schemes), in subsection (3), for the words from “in connection with” to “1991 Act)” there is substituted “under the Water Industry Act 1991 in connection with undertakers' charges schemes under section 143 of that Act”.

SCHEDULE 8

Part 1 — Purposes for which provision may be made

Interpretation

1

In this Schedule—

“fish regulations” means regulations containing provision which—satisfies section 61(2)(c), oris for the purpose mentioned in paragraph 8(2) or 30(3);

“flood regulations” means regulations containing provision which—satisfies section 61(2)(b), oris for the purpose mentioned in paragraph 8(2) or 30(2);

“water regulations” means regulations containing provision which—satisfies section 61(2)(a), oris for the purpose mentioned in paragraph 8(2) or 30(1).

2

In this Schedule—

“functions” includes powers and duties;

“regulated activity” means—in relation to water regulations, the use of water resources;in relation to flood regulations, any activity that affects, or could affect, the drainage of land, flood risk or the management of flood risk;in relation to fish regulations, any activity that affects, or could affect, the movement of fish through regulated waters;

“regulated field” means—in relation to water regulations, regulating the use of water resources;in relation to flood regulations, securing the drainage of land or the management of flood risk;in relation to fish regulations, safeguarding the movement of fish through regulated waters;

“the regulations” means regulations under section 61;

“specified” means specified in the regulations.

Preliminary

3

(1) Establishing standards, objectives or requirements in relation to—

(a) regulated activities, and

(b) in the case of fish regulations, structures or obstructions that affect, or could affect, the movement of fish through regulated waters.

(2) In the case of water regulations, authorising the making of plans for—

(a) the setting of overall limits,

(b) the allocation of rights, or

relating to the use of water resources.

(3) In the case of water regulations, authorising the making of schemes for the trading or other transfer of rights so allocated.

4

(1) Determining the authorities (whether public or local or the Minister) by whom functions conferred by the regulations—

(a) in relation to permits under the regulations, or

(b) otherwise for or in connection with the regulated field,

are to be exercisable (in this Schedule referred to as “regulators”).

(2) Specifying any purposes for which any such functions are to be exercisable by regulators.

5

Enabling the Minister to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—

(a) directions providing for any functions exercisable by one regulator to be instead exercisable by another;

(b) directions given for the purpose of the implementation of any assimilated obligations or under any international agreement to which the United Kingdom is a party;

(c) directions relating to the exercise of any function in a particular case or class of case (except functions in relation to the investigation or prosecution, in a particular case, of an offence under the regulations).

Permits

6

Prohibiting persons from carrying on any activities of any specified description, except—

(a) under a permit in force under the regulations, and

(b) in accordance with any conditions to which the permit is subject.

7

Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.

8

(1) Prescribing the contents of permits.

(2) Authorising permits to be granted subject to conditions imposed by regulators (the nature of any such condition not being restricted by section 61(2)).

(3) Securing that permits have effect subject to—

(a) conditions specified in the regulations; or

(b) rules of general application specified in or made under the regulations.

9

(1) Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).

(2) Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).

(3) Regulating the making of changes in the carrying on of the activities.

10

(1) Regulating the transfer or surrender of permits.

(2) Authorising the revocation of permits by regulators.

(3) Authorising the imposition by regulators of requirements with respect to the taking of preventive action (by holders of permits or other persons) in connection with the surrender or revocation of permits.

11

Authorising the Minister to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—

(a) the grant of a permit,

(b) the variation of a permit or the conditions to which it is subject, or

or in respect of the subsistence of a permit.

12

Authorising, or authorising the Minister to make schemes for, the charging by the Minister or public or local authorities of fees or other charges in respect of—

(a) any advice given, or

(b) any testing, assessment or investigation done or other action taken,

in cases where the advice or action is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.

Further regulation

13

(1) Requiring persons who propose to carry out activities of a specified description to give notice of their proposals to regulators.

(2) Requiring owners or occupiers of land to give notice to regulators of any obstruction of a specified description occurring on the land.

14

Requiring persons to apply for a permit under the regulations in respect of activities of a specified description.

15

(1) Authorising a regulator, where a person is carrying on an activity of a specified description—

(a) to serve notice on the person requiring them to cease carrying on the activity or, at their own cost, to take such action in connection with the activity as may be specified in the notice, or

(b) to arrange itself for action to be taken in connection with the activity.

(2) Authorising a regulator to—

(a) to serve notice on persons of a specified description requiring them, at their own cost, to take such action as may be specified in the notice, or

(b) to arrange itself for action to be taken,

in respect of a structure or obstruction of a specified description.

16

Imposing requirements, or authorising regulators to impose requirements, on persons of a specified description in relation to the operation and maintenance of specified structures.

Information, publicity and consultation

17

Enabling persons of any specified description (whether or not they are holders of permits) to be required—

(a) to compile information about—

(i) regulated activities, and

(ii) in the case of fish regulations, structures or obstructions that affect, or could affect, the movement of fish through regulated waters;

(b) to provide such information in such manner as is specified in the regulations.

18

Securing—

(a) that publicity is given to specified matters;

(b) that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;

19

Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.

Enforcement and offences

20

(1) Conferring on regulators functions with respect to the monitoring and inspection of—

(a) the carrying on of regulated activities, or

(b) regulated structures or obstructions.

(2) Authorising regulators to appoint suitable persons to exercise any such functions and conferring on persons so appointed powers such as those specified in—

(a) sections 169 to 174 of the Water Resources Act 1991;

(b) section 108(4) of the Environment Act 1995;

(d) sections 31 and 32 of the Salmon and Freshwater Fisheries Act 1975.

(3) Functions which may be conferred in reliance on sub-paragraph (1) include—

(a) power to take samples or to make copies of information;

(b) power to arrange for preventive or remedial action to be taken at the expense of holders of permits.

(4) In sub-paragraph (1) “regulated structures or obstructions” means structures or obstructions which—

(a) may be the subject of notices served by regulators under the regulations, or

(b) may be subject to requirements imposed under the regulations.

21

Authorising regulators to serve on holders of permits—

(a) notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;

(b) notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;

(c) notices requiring them to take steps to remove or reduce, or to mitigate the effect of the potential consequences of, the following imminent risks (whether or not arising from any such contraventions)—

(i) an imminent risk of a significant waste of water resources or of significant damage to the environment, in the case of water regulations;

(ii) an imminent risk of a significant impediment to drainage or of a flood, in the case of flood regulations;

(iii) an imminent risk of a significant impediment to the movement of fish through regulated waters, in the case of fish regulations.

22

Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.

23

Establishing a procedure for the resolution of disputes in relation to notices served by regulators under the regulations.

24

Providing for the enforcement of notices served by regulators under the regulations by proceedings in—

(a) the High Court, or

(b) in the case of fish regulations applying as mentioned in section 61(11)(b), the Sheriff Court.

25

Where action is required to be taken by a person under the regulations or pursuant to a notice served under the regulations, authorising regulators in specified circumstances to take action instead of that person; and making provision for the liability of that person in respect of reasonable costs incurred by the regulators in taking such action.

26

Creating offences and dealing with matters relating to such offences, including—

(a) the provision of defences, and

(b) evidentiary matters.

27

Enabling, where a person has been convicted of an offence under the regulations—

(a) a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment), or

(b) a regulator to arrange for such action to be taken at that person's expense.

28

Where a person causes damage to any structure constructed, altered or maintained by a regulator under these regulations, authorising the regulator to require the person to pay the expenses of the regulator in repairing the damage and providing for the manner in which such expenses may be recovered.

Appeals

29

Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).

Corresponding provision

30

(1) Making provision which, subject to any modifications that the Minister considers appropriate, corresponds or is similar to any provision made by or under, or capable of being made under—

(a) section 71 of the Water Industry Act 1991 (waste from water sources);

(b) Chapter 2 of Part 2 of the Water Resources Act 1991 (abstraction and impounding);

(2) Making provision which, subject to any modifications that the Minister considers appropriate, corresponds or is similar to—

(a) any provision made by section 339 of the Highways Act 1980 (saving for works etc of drainage authorities etc);

(b) any provision made by or under, or capable of being made under, sections 109 and 110 of the Water Resources Act 1991 (erecting structures over main rivers etc prohibited without consent);

(c) any provision made by any byelaw, or capable of being made by any byelaw, under paragraph 5 of Schedule 25 to that Act (byelaws for flood defence and drainage purposes).

(3) Making provision which, subject to any modifications that the Minister considers appropriate, corresponds or is similar to—

(a) sections 9 to 15 and 18 of the Salmon and Freshwater Fisheries Act 1975 (obstructions to passage of fish);

(b) Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/3344) (passage of eels).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Provision made under this paragraph is not subject to the requirement in section 61(2).

Crown application

31

Making provision about the application of the regulations to the Crown.

Part 2 — Supplementary provision

Water regulations trading schemes: penalties

32

(1) The regulations may, if they are water regulations, authorise the inclusion in a trading scheme of—

(a) provision for penalties in respect of contraventions of provisions of the scheme;

(b) provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—

(i) the scheme, or

(ii) the regulations (including regulations made after the scheme starts to operate).

(2) In this paragraph “trading scheme” means a scheme of the kind mentioned in paragraph 3(3).

Determination of matters by regulators

33

The regulations may make provision for anything which, by virtue of paragraphs 7 to 10, could be provided for by the regulations to be determined under the regulations by regulators.

Delegation between regulators

34

The regulations may make provision authorising regulators to arrange for specified functions to be exercised on their behalf by other regulators.

Imposition of conditions

35

In connection with the determination of conditions as mentioned in paragraph 8(3)(a) the regulations may in particular provide—

(a) for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;

(b) for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.

Charging schemes

36

The regulations may—

(a) require any such scheme as is mentioned in paragraph 11 or 12 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;

(b) authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Offences

37

(1) The regulations may provide for any such offence as is mentioned in paragraph 26 to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(2) The regulations may provide for any such offence to be punishable on summary conviction with—

(a) imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed the normal maximum term), or

(b) a fine not exceeding such amount as is so specified (which may not exceed £20,000),

or both.

(3) The “normal maximum term” means—

(a) in relation to England and Wales—

(i) in the case of an offence triable only summarily, 51 weeks, and

(ii) in the case of an offence triable either summarily or on indictment, twelve months;

(b) in relation to Scotland—

(i) in the case of an offence triable only summarily, 6 months, and

(ii) in the case of an offence triable either summarily or on indictment, twelve months.

(4) Regulations that—

(a) are made before the date on which section 281(5) of the Criminal Justice Act 2003 comes into force, and

(b) in relation to England and Wales, make provision for a summary offence to be punishable with a term of imprisonment exceeding six months,

must provide that, where the offence is committed before that date, it is punishable with imprisonment for a term not exceeding six months.

(5) Regulations that—

(a) are made before 2 May 2022, and

(b) in relation to England and Wales, make provision for an offence triable either summarily or on indictment to be punishable on summary conviction with a term of imprisonment exceeding six months,

must provide that, where the offence is committed before that date, it is punishable on summary conviction with imprisonment for a term not exceeding six months.

(6) The regulations may provide for such an offence to be punishable on indictment with—

(a) imprisonment for a term not exceeding such period as is specified (which may not exceed two years), or

(b) a fine,

or both.

Restrictions on Crown application

38

(1) To the extent that the regulations bind the Crown (by virtue of provision made under paragraph 31), they are subject to the following restrictions.

(2) No contravention of any provision of the regulations may make the Crown criminally liable; but the regulations may provide that the High Court may, on the application of a regulator, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Sub-paragraph (2) does not affect the criminal liability of persons in the service of the Crown.

(4) The regulations must provide that if the Secretary of State certifies that it appears to him, as respects any Crown premises and any relevant powers of entry, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.

(5) Subject to sub-paragraph (6), where a power is conferred in relation to land by any provision of the regulations, the regulations must provide that—

(a) that power is to be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority, and

(b) that a consent for such purposes may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.

(6) But provision contained in the regulations in accordance with sub-paragraph (5) is not to require any consent to be given for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from provision in the regulations made by virtue of paragraph 31.

(7) In this paragraph—

“the appropriate authority” has the same meaning as in section 293 of the Town and Country Planning Act 1990;

“Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

“Crown premises” means premises held by or on behalf of the Crown;

“relevant powers of entry” means powers of entry that are—contained in the regulations,exercisable in relation to the premises in question, andspecified in the Secretary of State's certificate under sub-paragraph (4).

SCHEDULE 9

1

The Land Drainage Act 1991 is amended as follows.

2

(1) Section 2 (review of boundaries of internal drainage districts) is amended as follows.

(2) In subsection (2)(b), the words “, in one or more newspapers circulating in the internal drainage district,” are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

(1) Section 3 (schemes for reorganisation of internal drainage districts etc) is amended as follows.

(2) In subsection (4)(b), the words “in one or more newspapers circulating in the area affected by the scheme” are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

(1) Section 38 (orders subdividing a district for the purposes of raising expenses) is amended as follows.

(2) In subsection (5)(b), the words “, in one or more newspapers circulating in that district,” are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

(1) Section 39 (petition for subdivision of internal drainage district) is amended as follows.

(2) In subsection (4)(b), the words “in one or more newspapers circulating in that district” are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

(1) Section 48 (procedure for making of rate) is amended as follows.

(2) In subsection (3)(b), for “in one or more newspapers circulating in that district” there is substituted “ in some other way ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

(1) Section 58 (allocation of appropriate agency revenue for its functions as an internal drainage board) is amended as follows.

(2) In subsection (3), the words “in one or more newspapers circulating in the internal drainage district in question” are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

(1) Paragraph 1 of Schedule 5 (byelaws: publicity for application and confirmation) is amended as follows.

(2) In sub-paragraph (1), in paragraph (a), the words from “in the London Gazette” to the end are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1(i), for “regional and local flood defence committees” there is substituted “ Regional Flood and Coastal Committees ”.

Local Government Act 1974 (c. 7)

2

In section 25 of the Local Government Act 1974 (authorities subject to investigation by the Commission for Local Administration in England), in subsection (1)(d), for “any regional flood defence committee” there is substituted “ any Regional Flood and Coastal Committee ”.

House of Commons Disqualification Act 1975 (c. 24)

3

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—

(a) the entry for a chairman of a local flood defence committee for any district in England and Wales is repealed;

(b) in the entry for a chairman of a regional flood defence committee for any area of England and Wales, for “regional flood defence committee” there is substituted “ Regional Flood and Coastal Committee ”.

Land Drainage Act 1991 (c. 59)

4

In section 1 of the Land Drainage Act 1991 (internal drainage districts and boards), in subsection (1)(a), for “the areas of the regional flood defence committees” there is substituted “ the regions of the Regional Flood and Coastal Committees (within the meaning of section 22 of the Flood and Water Management Act 2010) ”.

Water Resources Act 1991 (c. 57)

5

The Water Resources Act 1991 is amended as follows.

6

(1) Section 134 (raising of general drainage charges) is amended as follows.

(2) In subsection (1) (power of Environment Agency and Natural Resources Body for Wales to raise charge per hectare of chargeable land in a local flood defence district), for “a local flood defence district” there is substituted “ a flood risk management region ”.

(3) In subsection (2) (power under subsection (1) subject to recommendation of the regional flood defence committee)—

(a) for “any local flood defence district” there is substituted “ any flood risk management region ”;

(b) for “the regional flood defence committee for the area in which that district is situated” there is substituted “ the Regional Flood and Coastal Committee for that region ”.

(4) Subsection (3) (treatment of the parts of an area of a regional flood defence committee which are not local flood defence districts) is repealed.

7

(1) Section 135 (amount, assessment etc of general drainage charge) is amended as follows.

(2) In subsection (1) (charge to be at a uniform rate per hectare of chargeable land)—

(a) for “a local flood defence district” there is substituted “ a flood risk management region ”;

(b) for “that district” there is substituted “ that region ”.

(3) In subsection (3) (calculation), in paragraph (b), for “the local flood defence district” there is substituted “ the flood risk management region ”.

(4) In subsection (4) (provision that may be made by a single order)—

(a) in paragraph (b), for “one or more local flood defence districts” there is substituted “ one or more flood risk management regions ”;

(b) in the words following paragraph (b)—

(i) for “more than one local flood defence district” there is substituted “ more than one flood risk management region ”;

(ii) for “districts” there is substituted “ flood risk management regions ”.

8

(1) Section 137 (special drainage charges in the interests of agriculture) is amended as follows.

(2) In subsection (1) (power of Environment Agency and Natural Resources Body for Wales to devise scheme for drainage works in the interests of agriculture), for “the area of any regional flood defence committee” there is substituted “ any flood risk management region ”.

(3) In subsection (3) (scheme to designate land for special drainage charge), for “the area of the regional flood defence committee” there is substituted “ the flood risk management region ”.

9

(1) Section 138 (levying and amount of special drainage charge) is amended as follows.

(2) In subsection (3) (regional flood defence committee to determine the uniform amount), for “the regional flood defence committee for the area” there is substituted “ the Regional Flood and Coastal Committee for the flood risk management region within which is the area ”.

(3) In subsection (5) (provision that may be made by a single order)—

(a) in paragraph (b), for “such areas of regional flood defence committees” there is substituted “ areas within such flood risk management regions ”;

(b) in the words following paragraph (c)—

(i) for “more than one area of a regional flood defence committee” there is substituted “ areas within more than one flood risk management region ”;

(ii) for “different areas” there is substituted “ different flood risk management regions ”.

10

In section 143(1) (power of Environment Agency and Natural Resources Body for Wales to levy navigation tolls in certain navigable waters), in paragraph (b), for “the area of a regional flood defence committee” there is substituted “ a flood risk management region ”.

11

(1) Section 145 (interpretation of Chapter 2 of Part 6) is amended as follows.

(2) In the definition of “chargeable land”, for “the area of a regional flood defence committee” there is substituted “ a flood risk management region ”.

(3) At the appropriate place there is inserted—

“flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010;

12

(1) Section 166 (power of Environment Agency and Natural Resources Body for Wales to carry out works for the purpose of providing a flood warning system) is amended as follows.

(2) In subsection (3) (exercise of powers in Scotland)—

(a) in paragraph (a), for “the areas of the regional flood defence committees whose areas are adjacent to Scotland” there is substituted “ the flood risk management regions adjacent to Scotland ”;

(b) in paragraph (b), for “the areas of each of those committees” there is substituted “ those flood risk management regions ”.

(3) In subsection (4) (interpretation), at the appropriate place there is inserted—

“flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010;

13

In section 221(1) (interpretation of terms in the Act), in the definition of “flood defence provisions”, in paragraph (b)—

(a) after sub-paragraph (i) there is inserted “and”;

(b) sub-paragraph (iii) and the “and” following it are repealed.

14

In Schedule 15 (supplemental provisions with respect to drainage charges), in paragraph 3(1)(a), for “the local flood defence district” there is substituted “ the flood risk management region ”.

15

In Schedule 26 (procedure relating to bye-laws made by the Environment Agency), in paragraph 7 (meaning of “the relevant Minister”)—

(a) in paragraph (a)(ii), for “the area of a regional flood defence committee the whole or the greater part of whose area is in England” there is substituted “ a flood risk management region the whole or the greater part of which is in England ”;

(b) after paragraph (c) there is inserted—

For the purposes of this paragraph “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.

Environment Act 1995 (c. 25)

16

In section 6 of the Environment Act 1995 (general provisions with respect to water), in subsection (5) (flood defence functions to extend to the territorial sea), in paragraph (a), for “the area of any regional flood defence committee” there is substituted “ the region of any Regional Flood and Coastal Committee ”.

Freedom of Information Act 2000 (c. 36)

17

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), for the entry for any regional flood defence committee there is substituted— “ Any Regional Flood and Coastal Committee. ”

Public Services Ombudsman (Wales) Act 2005 (c. 10)

18

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (authorities entitled to refer matters to ombudsman), in the entry for a regional flood defence committee for an area wholly or partly in Wales, for “regional flood defence committee” there is substituted “ Regional Flood and Coastal Committee ”.

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

19

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, in the entry relating to the Local Government Act 1974, in paragraph (c), for “a regional flood defence committee” there is substituted “ a Regional Flood and Coastal Committee ”.

SCHEDULE 11

Introductory

1

(1) The provision that may be made by an order under section 91 (“a section 91 order”) includes such provision as is mentioned in this Schedule.

(2) Nothing in this Schedule affects the generality of section 91.

Changes in water supply licensing

2

(1) A section 91 order may make provision in connection with the introduction of new water supply licences.

(2) A section 91 order may in particular—

(a) make provision for old water supply licences to continue in effect, subject to provision made by a qualifying scheme;

(b) make provision about the granting of a new water supply licence on application made by the holder of an old water supply licence.

(3) A qualifying scheme is a scheme that—

(a) is made by the Water Services Regulation Authority, and

(b) contains such provision as is described in sub-paragraph (4).

(4) The provision mentioned in sub-paragraph (3)(b) is—

(a) provision for the revocation of all old water supply licences—

(i) on the first day on which it would be possible for a new water supply licence to come into effect, or

(ii) in accordance with arrangements in the scheme and before a day specified in or determined under the scheme,

(b) provision for compensation to be paid by the Water Services Regulation Authority in connection with the revocation under the scheme of an old water supply licence,

(c) provision, in a case where the scheme allows a holder's old water supply licence and new water supply licence to have effect at the same time, for preventing the holder supplying water to premises in reliance on the old water supply licence where—

(i) the premises supplied are the premises of a person who was not a customer of the holder immediately before the grant of the new licence, and

(ii) the premises could be supplied with water in reliance on the new water supply licence,

(d) provision for compensation to be paid by the Water Services Regulation Authority in connection with the restriction imposed on an old water supply licence under paragraph (c),

(e) provision about the determination of—

(i) claims for compensation payable under the scheme, and

(ii) appeals from the determination of such claims, and

(f) provision satisfying such other requirements as may be specified in a section 91 order, including requirements about the persons who may claim compensation, the measure of compensation and matters by reference to which compensation may be reduced.

(5) Requirements imposed under sub-paragraph (4)(f) may allow the scheme to make provision by virtue of which the compensation payable in a particular case may be nil.

(6) A qualifying scheme may include provision about—

(a) the making of claims for compensation;

(b) the matters to be proved by a claimant.

(7) Sub-paragraphs (4) to (6) are not exhaustive of what may be included in a qualifying scheme.

(8) A section 91 order may make provision for a relevant person specified in the order, or appointed by the Secretary of State, to determine—

(a) claims for compensation payable under a qualifying scheme;

(b) appeals from the determinations of such claims.

(9) In sub-paragraph (8) “relevant person” means—

(a) the Water Services Regulation Authority, except in relation to appeals from the determination of claims for compensation,

(b) the Competition and Markets Authority, or

(10) A section 91 order may provide for functions of the Competition and Markets Authority (“the CMA”) relating to compensation payable under a qualifying scheme 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.

Modification of conditions of old water supply licences

3

(1) Where a section 91 order makes provision for old water supply licences to continue in effect, that provision may include provision for applying new sections 17I to 17R to old water supply licences, with such modifications as appear to the Secretary of State to be appropriate.

(2) Provision under sub-paragraph (1) may include provision for treating a reference to a new water supply licence as including a reference to an old water supply licence.

(3) Provision under sub-paragraph (1) may include provision for treating—

(a) a reference to a standard condition of a new water supply licence as including a reference to a standard condition of an old water supply licence, if the two conditions are in, or as nearly as may be are in, the same terms;

(b) a reference to a standard condition of a new water supply licence giving the holder a new retail authorisation as including a reference to a standard condition of an old water supply licence giving the holder a retail authorisation, if the two conditions are in, or as nearly as may be are in, the same terms;

(c) a reference to a standard condition of a new water supply licence giving the holder a new restricted retail authorisation as including a reference to a standard condition of an old water supply licence giving the holder a retail authorisation, if the two conditions are in, or as nearly as may be are in, the same terms;

(d) a reference to a standard condition of a new water supply licence giving the holder a new wholesale authorisation as including a reference to a standard condition of an old water supply licence giving the holder a supplementary authorisation, if the two conditions are in, or as nearly as may be are in, the same terms.

(e) a reference to a standard condition of a new water supply licence giving the holder a new supplementary authorisation as including a reference to a standard condition of an old water supply licence giving the holder a supplementary authorisation, if the two conditions are in, or as nearly as may be are in, the same terms.

Changes in water supply licensing: Wales

4

(1) A section 91 order may make provision in connection with the extension of new retail authorisations and new wholesale authorisations to the use of supply systems of water undertakers whose areas are wholly or mainly in Wales, where that extension takes place after the introduction of new water supply licences.

(2) A section 91 order may in particular include provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person holding a new water supply licence who—

(a) following the coming into force of any provision of this Act, is unable to carry on activities that had previously been authorised by a new restricted retail authorisation, or a new restricted retail authorisation and a new supplementary authorisation, given by the licence as a result of—

(i) a new retail authorisation or a new wholesale authorisation or both having been required in respect of them, and

(ii) the person's licence not having been varied to add a new retail authorisation or a new wholesale authorisation or both, because the person did not apply to vary the licence, or did not apply to add the appropriate authorisation or authorisations, or because the person's application to vary the licence was refused or granted only as to one authorisation, and

(b) has suffered loss or damage as a result of not having a licence that enables the person to carry on all those activities.

Introduction of sewerage licensing

5

(1) A section 91 order may make provision in connection with the introduction of sewerage licences.

(2) A section 91 order may in particular include provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person who—

(a) before 31 March 2014 was carrying on any activities in relation to the sewerage system of a sewerage undertaker,

(b) following the coming into force of any provision of this Act—

(i) is unable to continue to carry on those activities as a result of their having been prohibited,

(ii) is unable to continue to carry on those activities as a result of a sewerage licence having been required in respect of them, and the person's not having applied for, or the person's having been refused, a sewerage licence, or

(iii) is unable to continue to carry on those activities in the same manner as a result of the person's having been granted a sewerage licence the effect of which is to restrict the carrying on of the activities, and

(i) those activities having been prohibited,

(ii) a sewerage licence not having been granted, or

(iii) those activities having been restricted.

New retail authorisations and the threshold requirement

6

(1) A section 91 order may make provision for the threshold requirement (see section 17D of the Water Industry Act 1991) to have effect for a relevant period in relation to the supply of water to any premises, where the supply to those premises is made in connection with the introduction of water into the supply system of a water undertaker under a new wholesale authorisation.

(2) Provision under sub-paragraph (1) may in particular include such modifications of Schedule 2A to the Water Industry Act 1991 (forms of authorisations given by water supply licences) as appear to the Secretary of State to be appropriate.

Modifications relating to new wholesale authorisations

7

(1) Where a section 91 order makes provision as regards new wholesale authorisations, that provision may include provision for provisions of the Water Industry Act 1991 to have effect for a relevant period with such modifications as appear to the Secretary of State to be appropriate.

(2) Provision under sub-paragraph (1) may include provision for applying old provisions of the Water Industry Act 1991 with such modifications as appear to the Secretary of State to be appropriate.

(3) Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66D(2) to (8) for the purpose of determining—

(a) the period for which, and

(b) the terms and conditions on which,

a water undertaker's duties under new section 66B or 66C are to be performed.

(4) Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66E for the purpose of determining charges payable in respect of the performance of a water undertaker's duties under new section 66B or 66C.

(5) Provision under sub-paragraph (1) may in particular make provision about the interpretation of references to a water undertaker's supply system, including in particular provision for such references to be treated as references to the supply system of a water undertaker as it is described in old section 17B.

(6) Provision under sub-paragraph (1) may provide for modifications to have effect for different relevant periods.

(7) Provision under sub-paragraph (1) may make provision—

(a) in relation to new wholesale authorisations that authorise the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in England,

(b) in relation to new wholesale authorisations that authorise the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales, or

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