Office of Public Sector Information

(3B) In subsection (3A) above “relevant pipes” means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the licensed water supplier.”

(7) In subsection (5), after “undertaker” there is inserted “and licensed water supplier”.

(8) In the sidenote (and the italic heading immediately preceding it), after “undertakers” there is inserted “and licensed water suppliers”.

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

(2) In subsection (1), for “to take all such steps” there is substituted “or a licensed water supplier to ensure that such steps are taken”.

(3) In subsection (2)—

(a) after “water undertaker” there is inserted “or licensed water supplier”,

(b) in paragraph (a)—

(i) for “take all such steps” there is substituted “ensure that all such steps are taken”; and

(ii) for “which that undertaker supplies” there is substituted “used for relevant supplies”,

(c) in paragraph (b)—

(i) for “take all such steps” there is substituted “ensure that all such steps are taken”; and

(ii) for “that undertaker uses or is proposing to use for supplying water” there is substituted “is used or is proposed to be used for making relevant supplies”,

(d) in paragraph (c), for “that undertaker is using or proposing to use for supplying water” there is substituted “is used or proposed to be used for making relevant supplies”,

(e) in paragraph (d)—

(i) for “keep records” there is substituted “ensure that records are kept”;

(ii) for “supplied with water” there is substituted “receiving relevant supplies”; and

(iii) the words “by that undertaker” are omitted, and

(f) in paragraph (e), for “comply with prescribed requirements” there is substituted “ensure that prescribed requirements are complied with”.

(4) In subsection (3), for the words from “with respect” to “functions” there is substituted “imposing obligations on water undertakers or licensed water suppliers with respect to the use for the purposes of or in connection with making relevant supplies”.

(5) In subsection (4)—

(a) in paragraph (a)—

(i) for “forbid the use by water undertakers of” there is substituted “require water undertakers or licensed water suppliers to ensure that”, and

(ii) at the end there is inserted “are not used for the purposes of or in connection with relevant supplies”,

(b) in paragraph (b)—

(i) after “require” there is inserted “water undertakers and licensed water suppliers to ensure that”, and

(ii) for “by water undertakers to” there is substituted “for the purposes of or in connection with relevant supplies”, and

(c) in paragraph (c), for “by water undertakers” there is substituted “for the purposes of or in connection with relevant supplies”.

(6) In subsection (5)—

(a) the words “require a water undertaker” are omitted,

(b) in paragraph (a)—

(i) at the beginning, there is inserted “require a water undertaker”, and

(ii) for “by that undertaker” there is substituted “using that undertaker’s supply system”,

(c) the word “and” at the end of paragraph (a) is omitted,

(d) after that paragraph, there is inserted—

“(aa) require a licensed water supplier to publish information about the quality of water supplied for domestic or food production purposes to any premises by that supplier”, and

(e) in paragraph (b)—

(i) at the beginning, there is inserted “require any such undertaker or supplier”, and

(ii) for “so supplied” there is substituted “supplied as referred to in paragraph (a) or (aa) above (as the case may be)”.

(7) In subsection (6)—

(a) in paragraph (b)—

(i) after “water undertaker” there is inserted “or licensed water supplier”, and

(ii) after “the undertaker” there is inserted “or supplier”, and

(b) in paragraph (c), after “undertaker” there is inserted “or licensed water supplier”.

(8) After that subsection there is inserted—

“(7) In this section, “relevant supplies” means—

(a) in the case of an obligation imposed on a water undertaker, supplies of water—

(i) made by the undertaker in carrying out its functions; or

(ii) made by a licensed water supplier using the undertaker’s supply system; and

(b) in the case of an obligation imposed on a licensed water supplier, supplies of water made by that supplier using a water undertaker’s supply system.”

20 (1) Section 70 (offence of supplying water unfit for human consumption) is amended as follows.

(2) In subsection (1)—

(a) for the words from “water undertaker” to “pipes” there is substituted “water undertaker’s supply system is used for the purposes of supplying water”, and

(b) for “the undertaker” there is substituted “the relevant persons”.

(3) After that subsection there is inserted—

“(1A) For the purposes of subsection (1) above, the relevant persons are—

(a) the water undertaker whose supply system is used for the purposes of supplying the water (in this section referred to as the “primary water undertaker”); and

(b) any employer of persons, or any self-employed person, who is concerned in the supply of the water.”

(4) In subsection (3)—

(a) for “water undertaker” there is substituted “relevant person”,

(b) for “that undertaker” there is substituted “that person”, and

(c) in paragraph (b), for “its” there is substituted “the primary water undertaker's”.

(5) After that subsection there is inserted—

“(3A) For the purposes of paragraph (b) of subsection (3) above—

(a) in the case of proceedings against a primary water undertaker, showing that the undertaker took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that the relevant arrangements were reasonable in all the circumstances; and

(b) in the case of proceedings against any other relevant person, showing that the person took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that it took all reasonable steps and exercised all due diligence for securing that all aspects of the relevant arrangements for which it was responsible were properly carried out.

(3B) In subsection (3A) above, “relevant arrangements” means arrangements made by the primary water undertaker to ensure that all other relevant persons were required to take all reasonable steps and exercise all due diligence for securing that the water was fit for human consumption on leaving the undertaker’s pipes or was not used for human consumption.”

21 In section 72 (contamination of water sources), in subsection (5), after paragraph (b) there is inserted “; and

(c) any pipe or conduit of a licensed water supplier.”

22 In section 73 (offences of contaminating water etc), in subsection (1)—

(a) in the opening words, after “undertaker” there is inserted “or licensed water supplier”, and

(b) in paragraph (b), after “undertaker” there is inserted “or supplier”.

23 In section 74 (regulations for preventing contamination etc), in subsection (1)—

(a) in paragraph (b), after “undertaker” there is inserted “or licensed water supplier”,

(b) in paragraph (c), after “that undertaker” there is inserted “or a licensed water supplier”, and

(c) in paragraph (d), after “undertaker” there is inserted “or licensed water supplier”.

24 (1) Section 75 (power to prevent damage etc) is amended as follows.

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

“(1A) Without prejudice to any power conferred on water undertakers by regulations under section 74 above, where a water undertaker whose supply system is used for the purpose of a licensed water supplier making a supply of water to any premises has reason for believing—

(a) that damage to persons or property is being or is likely to be caused by any damage to, or defect in, any water fitting used in connection with the supply of water to those premises which is not a service pipe belonging to the water undertaker;

(b) that water in a water main or other pipe of the undertaker is being or is likely to be contaminated by the return of any substance from those premises to that pipe or main;

(c) that water which is in any pipe connected with any such main or other pipe or which has been supplied by the supplier to those premises is being or is likely to be contaminated before it is used; or

(d) that water which has been or is to be so supplied is being or is likely to be wasted or, having regard to the purposes for which it is supplied, misused or unduly consumed,

the undertaker may exercise the power conferred by subsection (2) below in relation to those premises.”

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

“(11) Where the power conferred by subsection (2) above on a water undertaker is exercisable by virtue of subsection (1A) above—

(a) the references to the consumer in subsections (2) and (3), in relation to a supply of water to any premises, shall be taken to be references to the person in respect of whom the supply is made; and

(b) the undertaker shall serve on the licensed water supplier providing the supply a copy of any notice under this section which is served on the person mentioned in paragraph (a) above.

(12) In subsection (1A) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.”

25 In section 76 (temporary hosepipe bans), in subsection (1), after “supplied by that undertaker” there is inserted “or a licensed water supplier”.

26 (1) Section 78 (local authority functions in relation to undertaker’s supplies) is amended as follows.

(2) In subsection (1)(a), after “undertaker” there is inserted “, or by a licensed water supplier using that undertaker’s supply system,”.

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

“(3) In subsection (1)(a) above, the reference to the water undertaker’s supply system shall be construed in accordance with section 17B(5) above.”

27 (1) Section 86 (enforcement of water quality) is amended as follows.

(2) In subsection (1)(b), for “by a water undertaker” there is substituted “using a water undertaker’s supply system”.

(3) In subsection (2)(a)(i), for the words from “by” to “above” there is substituted “or a licensed water supplier by or under any of sections 68, 69 and 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section”.

(4) In subsection (3), after “undertaker” there is inserted “, licensed water supplier or other relevant person (as defined in section 70(1A) above)”.

(5) In subsection (4), for paragraph (c) there is substituted—

“(c) at any reasonable time require—

(i) any water undertaker or licensed water supplier to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker or supplier by or under any of sections 68, 69 and 79 above; or

(ii) any relevant person (as defined in subsection (1A) of section 70 above) to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that person by or under that section.”

(6) In subsection (6), after “undertaker” there is inserted “, licensed water supplier or other relevant person”.

28 In section 93(1) (interpretation of Part 3), in the definition of “private supply”, after “undertaker” there is inserted “or by a licensed water supplier in accordance with Chapter 1A of Part 2 of this Act”.

29 In section 93A (duty to promote the efficient use of water), in the following provisions—

(a) subsection (1),

(b) subsection (2), and

(c) subsection (3),

after “undertaker” there is inserted “or licensed water supplier”.

30 (1) Section 93B (power to impose requirements in connection with section 93A) is amended as follows.

(2) In subsection (1), after “undertaker” there is inserted “or licensed water supplier”.

(3) In subsection (2)—

(a) after “water undertaker” there is inserted “or licensed water supplier”, and

(b) after “the undertaker”, in both places where it appears, there is inserted “or supplier”.

(4) In subsection (3), in paragraphs (a) and (b), after “undertaker” there is inserted “or licensed water supplier”.

(5) In subsection (4)—

(a) after “water undertaker” there is inserted “or licensed water supplier”, and

(b) after “that undertaker” there is inserted “or supplier”.

(6) In subsection (5)—

(a) after “water undertaker” there is inserted “or licensed water supplier”, and

(b) after “that undertaker” there is inserted “or supplier”.

(7) In subsection (6)—

(a) after “water undertaker” there is inserted “or licensed water supplier”, and

(b) after “that undertaker” there is inserted “or supplier”.

31 (1) Section 93C (publicity) is amended as follows.

(2) In subsection (1)—

(a) after “water undertaker” there is inserted “or licensed water supplier”, and

(b) after “that undertaker's” there is inserted “or supplier's”.

(3) In subsection (2), in paragraph (b), after “undertaker” there is inserted “or supplier”.

32 (1) Section 93D (information as to compliance) is amended as follows.

(2) In subsection (1)—

(a) after “water undertaker” there is inserted “or licensed water supplier”,

(b) after “that undertaker” there is inserted “or supplier”, and

(c) after “the undertaker” there is inserted “or supplier”.

(3) In subsection (2), in paragraph (b), after “undertaker” there is inserted “or supplier”.

(4) In subsection (3)—

(a) after “water undertaker” there is inserted “or licensed water supplier”,

(b) after “the undertaker's” there is inserted “or supplier's”, and

(c) after “the undertaker” there is inserted “or supplier”.

(5) In subsection (4), after “water undertaker” there is inserted “or licensed water supplier”.

33 In section 148 (restriction on charging for metering works), in subsection (2), after paragraph (c) there is inserted—

“(cc) any sums which it is entitled to recover under an agreement under section 66D above;”.

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

“(1A) This section does not apply to water supplies provided by a licensed water supplier to premises of customers in accordance with Chapter 1A of Part 2 of this Act.”

35 In section 152 (grants for national security purposes), in subsection (1), after “relevant undertakers” there is inserted “and licensed water suppliers”.

36 In section 158 (powers to lay pipes in streets), in subsection (7)(a), after “trunk main” there is inserted “but not including a pipe laid in pursuance of section 66B(3)(a)(ii) above which is used for the purpose of supplying water other than for domestic or food production purposes or laid in pursuance of section 66B(3)(a)(iii) above”.

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

(2) In subsection (1A), in paragraph (a) at the end there is inserted “or”.

(3) In that subsection, after paragraph (c) there is inserted “or

(d) a licensed water supplier supplies water to those premises using the undertaker’s supply system.”

(4) After that subsection there is inserted—

“(1B) In subsection (1A)(d) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.”

38 In section 163 (power to fit stopcocks), in subsection (1), after “by the undertaker” there is inserted “or a licensed water supplier”.

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

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

“(1A) Subject to subsection (2) below, if any person without the consent of the licensed water supplier—

(a) intentionally or recklessly interferes with any pipe or any structure, installation or apparatus which—

(i) is vested in any licensed water supplier (in the case of a pipe) or belongs to any such supplier (in any other case); and

(ii) is used in connection with the carrying on by the supplier of the activities authorised by its licence; or

(b) by any act or omission negligently interferes with any such pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.”

(3) In subsection (2)—

(a) after “subsection (1)” there is inserted “or (1A)”, and

(b) in paragraph (b)—

(i) after “water undertaker” there is inserted “or licensed water supplier”, and

(ii) in sub-paragraph (ii), for the words from “the stopcock was” to the end there is substituted “subsection (2A) below applies”.

(4) After that subsection there is inserted—

“(2A) This subsection applies—

(a) in the case of a stopcock belonging to a water undertaker, if the stopcock was closed otherwise than by the undertaker;

(b) in the case of a stopcock belonging to a licensed water supplier—

(i) if the stopcock was closed otherwise than by the supplier; or

(ii) if the stopcock was closed by the supplier and the person in question for the purposes of subsection (2) above is the water undertaker whose supply system is used for the purpose of the supply made by the supplier,

and in this subsection the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.”

(5) In subsection (3), in paragraph (c), for “section” there is substituted “subsection”.

(6) After that subsection there is inserted—

“(3A) Any person who, without the consent of the licensed water supplier—

(a) attaches any pipe or apparatus to any pipe which is—

(i) vested in a licensed water supplier; and

(ii) used in connection with the carrying on by the supplier of the activities authorised by its licence;

(b) attaches any pipe or apparatus to any service pipe which does not belong to such a supplier or a water undertaker but which is a pipe by means of which water is supplied by such a supplier to any premises;

(c) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

(d) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.”

(7) In subsection (4)—

(a) after “subsection (3) above” there is inserted “or paragraph (d) of subsection (3A) above”, and

(b) for “that subsection” there is substituted “subsection (3) or (3A) above (as the case may require)”.

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

“(5A) If any person wilfully or negligently injures or suffers to be injured any water fitting which—

(a) belongs to a licensed water supplier; and

(b) is used in connection with the carrying on by the supplier of the activities authorised by its licence,

he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.”

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

“(8A) In this section “consumer”—

(a) in relation to a supply of water provided by a water undertaker to any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;

(b) in relation to a supply of water provided by a licensed water supplier to any premises, means a person who is for the time being the person on whom liability to pay charges to the supplier in respect of that supply of water would fall.”

(10) In subsection (9), for ““consumer” and “water fitting” have the same meanings” there is substituted ““water fitting” has the same meaning”.

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

(2) In subsection (1)(a), after “undertaker” there is inserted “or licensed water supplier”.

(3) In subsection (2), for the words from “consent” to the end there is substituted “appropriate consent”.

(4) After that subsection there is inserted—

“(3) In subsection (2) above, the “appropriate consent” means—

(a) if the meter is used by one relevant undertaker, the consent of that undertaker;

(b) if the meter is used by one licensed water supplier, the consent of that supplier;

(c) if the meter is used by two or more of the following persons—

(i) a relevant undertaker;

(ii) a licensed water supplier,

the consent of each of those persons.

(4) In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below.”

41 (1) Section 179 (vesting of works in undertaker) is amended as follows.

(2) In subsection (1), for the words from “subsection” to “vested” there is substituted “subsections (1A) and (3) below”.

(3) After that subsection there is inserted—

“(1A) Subsection (1) above is subject to any provision to the contrary contained in an agreement between the relevant undertaker and the person in whom an interest in the pipe or works is or is to be vested; but no agreement may be made between a relevant undertaker and any other person for the vesting in that person of any pipe laid in pursuance of section 66B(3)(a)(ii) above or of subsection (2)(b)(i) of section 66C above by virtue of subsection (3)(b) of that section.”

42 (1) Section 195 (maintenance of register for the purposes of Part 2) is amended as follows.

(2) In subsection (2), after paragraph (a) there is inserted—

“(aa) every licence under Chapter 1A of Part 2 of this Act, every variation or revocation of any such licence and every modification of the conditions of any such licence;”.

(3) In that subsection, after paragraph (b) there is inserted—

“(bb) every direction, consent or determination given or made under any such licence by the Secretary of State, the Authority, the Assembly or the Environment Agency;

(bc) every determination made by the Authority under section 17E or 66D(1) above;”.

(4) In that subsection, after paragraph (f) (inserted by section 48(2)) there is inserted “and

(g) every designation made by the Authority under section 66G or 66H above.”

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

“(3AA) Before giving a direction under subsection (3) above which relates to a licensed water supplier, the Secretary of State shall consult the Assembly.”

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

(2) In subsection (1), for the words from “relating to” to “as it may” there is substituted—

“(a) relating to any matter which is connected with the carrying out by a company holding an appointment under Chapter 1 of Part 2 of this Act of the functions of a relevant undertaker; or

(b) relating to any matter which is connected with the carrying on by a company holding a licence under Chapter 1A of that Part of the activities authorised by the licence,

as it may”.

(3) In subsection (2), at the end there is inserted “or a licence under Chapter 1A of that Part”.

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

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

“(1A) It shall be the duty of a company holding a licence under Chapter 1A of Part 2 of this Act to furnish the Secretary of State with all such information relating to any matter which—

(a) is connected with, or with any proposals relating to, the carrying on by that company of the activities authorised by the licence; or

(b) is material to the carrying out by the Secretary of State of any of his functions under this Act, any of the other consolidation Acts or the Water Act 1989,

as the Secretary of State may reasonably require.”

(3) In subsection (4), in paragraph (c), at the end there is inserted “or licences under Chapter 1A of that Part”.

(4) In subsection (5), after “undertaker” there is inserted “or licensed water supplier”.

45 (1) Section 203 (power to acquire information for enforcement purposes) is amended as follows.

(2) In subsection (1), for the words from “that a company” to “section 18 above” there is substituted—

“(a) in the case of a company which holds an appointment as a relevant undertaker, that the company—

(i) may be contravening, or may have contravened, any condition of the appointment or any statutory or other requirement enforceable under section 18 above; or

(ii) may be causing or contributing to, or may have caused or contributed to, a contravention by a company holding a licence under Chapter 1A of Part 2 of this Act of any condition of the licence or any statutory or other requirement enforceable under section 18 above; or

(b) in the case of a company which holds a licence under that Chapter, that the company—

(i) may be contravening, or may have contravened, any condition of the licence or any statutory or other requirement enforceable under section 18 above; or

(ii) may be causing or contributing to, or may have caused or contributed to, a contravention by a company holding an appointment as a relevant undertaker of any condition of the appointment or any statutory or other requirement enforceable under section 18 above,”.