Office of Public Sector Information
(1) After section 1 of the Water Industry Act 1991 (c. 56) (in this Act referred to as the “WIA”) there is inserted—
(1) There shall be a body corporate to be known as the Water Services Regulation Authority (in this Act referred to as “the Authority”) for the purpose of carrying out the functions conferred on or transferred to it by this Act or under or by virtue of any other enactment.
(2) The functions of the Authority are performed on behalf of the Crown.
(3) Schedule 1A to this Act shall have effect with respect to the Authority.
(4) In Welsh the Authority may be known as “Awdurdod Rheoleiddio Gwasanaethau Dŵr”.”
(2) Schedule 1 (which inserts the new Schedule 1A into the WIA) is to have effect.
(3) The office of Director General of Water Services is abolished.
(4) Section 1 of, and Schedule 1 to, the WIA (which make provision in relation to the Director General of Water Services) shall cease to have effect.
(1) After section 27 of the WIA there is inserted—
(1) There shall be a body corporate to be known as the Consumer Council for Water (in this Act referred to as “the Council”) for the purpose of carrying out the functions of the Council under this Act.
(2) In Welsh the Council may be known as “Cyngor Defnyddwyr Dŵr”.
(3) The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
(4) The Council shall establish such committees of the Council—
(a) as the Assembly may direct, for relevant undertakers whose areas are wholly or mainly in Wales; and
(b) as the Secretary of State may direct, for other relevant undertakers.
(5) A direction under subsection (4) above may provide for the allocation of each relevant undertaker to a committee specified in the direction.
(6) The power to give a direction under subsection (4) above may not be exercised after the end of the period of six months beginning with the commencement of section 35 of the Water Act 2003.
(7) After the end of the period mentioned in subsection (6) above the Council may (subject to paragraph 11 of Schedule 3A to this Act)—
(a) establish such committees for relevant undertakers as it considers appropriate; or
(b) alter the allocation of a relevant undertaker to a committee established under this section.
(8) The Council shall ensure that each relevant undertaker is allocated to a committee established under this section.
(9) A committee established under this section is referred to in this Act as a “regional committee”.
(10) The purposes of a regional committee shall be—
(a) the provision of advice and information to the Council on consumer matters affecting the areas of the relevant undertakers allocated to that committee;
(b) such other purposes as the Council may determine.
(11) The provisions of Schedule 3A to this Act (which makes further provision about the Council and regional committees) shall have effect.
(12) The Council shall exercise and perform its powers and duties in the manner which it considers is best calculated to contribute to the achievement of sustainable development.
(13) In this Chapter—
“consumers” includes both existing and future consumers;
“the interests of consumers” means the interests of consumers in relation to—
the supply of water by means of a water undertaker’s supply system to premises either by water undertakers or by licensed water suppliers acting in their capacity as such; and
the provision of sewerage services by sewerage undertakers; and
“consumer matter” means any matter connected with the interests of consumers.
(1) This section imposes duties on—
(a) the Authority and the Council;
(b) the Council and the Secretary of State; and
(c) the Council and the Assembly.
(2) It shall be the duty of the bodies mentioned in each paragraph of subsection (1) above to make arrangements with a view to securing—
(a) co-operation and the exchange of information between them; and
(b) the consistent treatment of matters which affect both of them.
(3) As soon as practicable after agreement is reached on any arrangements required by this section, the parties shall prepare a memorandum setting them out.
(4) Arrangements under this section shall be kept under review by the parties.
(5) As soon as practicable after agreement is reached on any changes to arrangements under this section, the parties shall revise their memorandum.
(6) Parties to arrangements required by this section shall send a copy of their memorandum, and any revised memorandum, to each other person mentioned in subsection (1) above who is not a party to the arrangements set out in the memorandum (or revised memorandum).
(7) The Secretary of State shall lay a copy of every memorandum or revised memorandum under this section before each House of Parliament.”
(2) Schedule 2 (which inserts the new Schedule 3A into the WIA) is to have effect.
(3) The customer service committees established under section 28(1) of the WIA are abolished.
(4) Section 28 of, and Schedule 4 to, the WIA shall cease to have effect.
(1) The functions of the Director General of Water Services are transferred to the Water Services Regulation Authority.
(2) Subject to any express amendment made by this Act, each reference to the Director General of Water Services (or to him as the Director) in the WIA (however the reference is expressed) is to have effect as a reference to the Water Services Regulation Authority (or, as the case may be, the Authority), and accordingly in the WIA “he”, “him” and cognate expressions, in relation to the Director General of Water Services, are to have effect as “it” (or the appropriate equivalent) in relation to the Water Services Regulation Authority.
(3) The Secretary of State may make one or more schemes (“transfer schemes”) for the transfer of the property, rights and liabilities of the Director General of Water Services to the Water Services Regulation Authority (referred to below in this Part as “the Authority”) or to the Consumer Council for Water (referred to below in this Part as “the Council”).
(4) A transfer scheme may provide for the transfer to the Council of rights and liabilities relating to persons employed in the civil service of the state.
(5) On the day appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.
(6) Schedule 3 is to have effect in relation to transfer schemes and transfers under this section.
(1) In this section “payment conditions” means conditions included in an appointment under Chapter 1 of Part 2 of the WIA by virtue of section 11(1)(c) of that Act.
(2) The payment conditions of such an appointment may (without prejudice to the generality of section 11(1)(c)) require the payment by the company holding the appointment of sums relating to any of the expenses mentioned in subsection (3).
(3) Those expenses are—
(a) the expenses of the Council, and
(b) the expenses of the Authority, the Secretary of State or the Assembly in relation to the establishment of the Council.
(4) The Authority may, in accordance with this section, modify any payment conditions where it considers it necessary or expedient to do so in consequence of, or of preparations for—
(a) the establishment of the Council, or
(b) the abolition of the customer service committees established under section 28(1) of the WIA.
(5) Where the Authority modifies under subsection (4) any payment conditions of an appointment it may make such incidental or consequential modifications as it considers necessary or expedient of the other conditions included in the appointment.
(6) Before modifying under subsection (4) or (5) the conditions included in such an appointment, the Authority shall consult the company holding the appointment.
(7) The powers of the Authority under subsections (4) and (5) may not be exercised after the end of the period of two years beginning with the commencement of this section.
(8) The Secretary of State may, after consulting the Assembly, give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (3) are included in the sums payable by virtue of payment conditions; and the Authority shall comply with any such direction.
(9) If this section comes into force before the coming fully into force of section 36(1), references in this section to the Authority are to be read as including references to the Director General of Water Services.
(1) Before section 193 of the WIA there is inserted—
(1) The Authority and the Council shall, before each financial year, each publish a document (the “forward work programme”) containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.
(2) That description must include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority or the Council expects to incur during the year in the exercise of its functions.
(4) Before publishing the forward work programme for any year, the Authority or the Council shall give notice—
(a) containing a draft of the forward work programme; and
(b) specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) The notice under subsection (4) above must be published by the Authority or the Council in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
(6) The Authority must send a copy of any notice given by it under subsection (4) above to the Council, the Secretary of State and the Assembly.
(7) The Council must send a copy of any notice given by it under subsection (4) above to the Authority, the Secretary of State and the Assembly.
(1) The Authority shall, as soon as practicable after the end of each financial year, make to the Secretary of State a report (the “annual report” for that year) on—
(a) its activities during that year; and
(b) the activities of the Competition Commission during that year in respect of any references made by it.
(2) The annual report for each year shall include—
(a) a general survey of developments in respect of matters falling within the scope of the Authority’s functions;
(b) a report on the progress of the projects described in the forward work programme for that year;
(c) a summary of final and provisional orders made and penalties imposed by the Authority during the year;
(d) a report on such matters relating to any relevant undertaker whose area is wholly or mainly in Wales as the Assembly may from time to time require; and
(e) a report on such other matters as the Secretary of State may from time to time require.
(3) The annual report for each year shall set out any general directions given by the Secretary of State under section 27(3) above.
(4) The Secretary of State or (as the case may be) the Assembly shall consult the Authority before exercising the power under subsection (2)(d) or (e) above in relation to any matter.
(5) The Secretary of State shall—
(a) lay a copy of each annual report before each House of Parliament; and
(b) arrange for the report to be published in such manner as he considers appropriate.
(6) The Authority may also prepare other reports with respect to any matter falling within the scope of its functions and may arrange for any such report to be published in such manner as it considers appropriate.
(7) The Authority shall send a copy of each annual or other report under this section to the Assembly, the Council and the Chief Inspector of Drinking Water.
(8) In making or preparing any report under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.”
(2) Sections 193 and 194 of the WIA (which make provision about annual and other reports by the Director General of Water Services and customer service committees) shall cease to have effect.
(1) Section 2 of the WIA (general duties with respect to water industry) is amended as follows.
(2) In paragraph (a) of subsection (1), after “relevant undertakers” there is inserted “and of licensed water suppliers”.
(3) For subsection (2) there is substituted—
“(2A) The Secretary of State or, as the case may be, the Authority shall exercise and perform the powers and duties mentioned in subsection (1) above in the manner which he or it considers is best calculated—
(a) to further the consumer objective;
(b) to secure that the functions of a water undertaker and of a sewerage undertaker are properly carried out as respects every area of England and Wales;
(c) to secure that companies holding appointments under Chapter 1 of Part 2 of this Act as relevant undertakers are able (in particular, by securing reasonable returns on their capital) to finance the proper carrying out of those functions; and
(d) to secure that the activities authorised by the licence of a licensed water supplier and any statutory functions imposed on it in consequence of the licence are properly carried out.
(2B) The consumer objective mentioned in subsection (2A)(a) above is to protect the interests of consumers, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the provision of water and sewerage services.
(2C) For the purposes of subsection (2A)(a) above the Secretary of State or, as the case may be, the Authority shall have regard to the interests of—
(a) individuals who are disabled or chronically sick;
(b) individuals of pensionable age;
(c) individuals with low incomes;
(d) individuals residing in rural areas; and
(e) customers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are not eligible to be supplied by a licensed water supplier,
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.
(2D) For the purposes of subsection (2C) above, premises are not eligible to be supplied by a licensed water supplier if—
(a) they are household premises (as defined in section 17C below); or
(b) the total quantity of water estimated to be supplied to the premises annually for the purposes of subsection (2) of section 17D below is less than the quantity specified in that subsection.
(2E) The Secretary of State and the Authority may, in exercising any of the powers and performing any of the duties mentioned in subsection (1) above, have regard to—
(a) any interests of consumers in relation to electricity conveyed by distribution systems (within the meaning of the Electricity Act 1989);
(b) any interests of consumers in relation to gas conveyed through pipes (within the meaning of the Gas Act 1986);
(c) any interests of consumers in relation to communications services and electronic communications apparatus (within the meaning of the Communications Act 2003),
which are affected by the exercise of that power or the performance of that duty.”
(4) For subsections (3) and (4) there is substituted—
“(3) Subject to subsection (2A) above, the Secretary of State or, as the case may be, the Authority shall exercise and perform the powers and duties mentioned in subsection (1) above in the manner which he or it considers is best calculated—
(a) to promote economy and efficiency on the part of companies holding an appointment under Chapter 1 of Part 2 of this Act in the carrying out of the functions of a relevant undertaker;
(b) to secure that no undue preference is shown, and that there is no undue discrimination in the fixing by such companies of water and drainage charges;
(c) to secure that consumers are protected as respects benefits that could be secured for them by the application in a particular manner of any of the proceeds of any disposal (whenever made) of any of such a company’s protected land or of an interest or right in or over any of that land;
(d) to ensure that consumers are also protected as respects any activities of such a company which are not attributable to the exercise of functions of a relevant undertaker, or as respects any activities of any person appearing to the Secretary of State or (as the case may be) the Authority to be connected with the company, and in particular by ensuring—
(i) that any transactions are carried out at arm’s length;
(ii) that the company, in relation to the exercise of its functions as a relevant undertaker, maintains and presents accounts in a suitable form and manner;
(iii) that, if the person is a licensed water supplier, its licence does not authorise it to carry on any activities in the area of the company;
(e) to contribute to the achievement of sustainable development.
(4) In exercising any of the powers or performing any of the duties mentioned in subsection (1) above in accordance with the preceding provisions of this section, the Secretary of State and the Authority shall have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).”
(5) After subsection (5) there is inserted—
“(5A) In this section—
“consumers” includes both existing and future consumers; and
“the interests of consumers” means the interests of consumers in relation to—
the supply of water by means of a water undertaker’s supply system to premises either by water undertakers or by licensed water suppliers acting in their capacity as such; and
the provision of sewerage services by sewerage undertakers.”
(6) In subsection (6), for paragraphs (a) and (b) there is substituted—
“(a) subject to subsection (6A) below, the reference in subsection (1) above to the provisions of this Act relating to the regulation of relevant undertakers and of licensed water suppliers is a reference to the provisions contained in Part 2 of this Act (except section 27A, and Schedule 3A), or in any of sections 37A to 38, 39, 39B, 39C, 66B, 66D, 66F to 66H, 66K, 66L, 95, 96, 153, 181, 182, 192A, 192B, 195, 195A and 201 to 203 below;
(b) the reference in that subsection to the provisions relating to the financial conditions of requisitions is a reference to the provisions contained in sections 42, 43, 43A, 48, 51C, 99, 100 and 100A below; and”.
(7) In subsection (6A), for “Subsections (2) to (4) above” there is substituted “Subsections (2A) to (4) above and section 2A below”.
(8) In subsection (6B), for “subsections (2) to (4) above” there is substituted “subsections (2A) to (4) above and section 2A below”.
(9) After subsection (6B) there is added—
“(7) The duties imposed by subsections (2A) to (4) above and section 2A below do not affect the obligation of the Authority or, as the case may be, the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any Community obligation or otherwise).”
After section 2 of the WIA there is inserted—
(1) Guidance may be issued from time to time—
(a) by the Assembly, with respect to appointment areas which are wholly or mainly in Wales; and
(b) by the Secretary of State, with respect to other appointment areas,
about the making by the Authority of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.
(2) In formulating guidance, the Secretary of State and the Assembly shall, where practicable, have regard to the costs and benefits which may be expected to result from the guidance.
(3) The Authority shall, in exercising and performing the powers and duties mentioned in section 2(1) above (subject to section 2(6) above), have regard to any guidance issued under this section.
(4) Before issuing guidance under this section the Secretary of State and the Assembly shall consult—
(a) the Authority;
(b) the Council;
(c) in the case of the Secretary of State, the Assembly and vice versa;
(d) relevant undertakers;
(e) licensed water suppliers; and
(f) such other persons as the Secretary of State or the Assembly considers it appropriate to consult in relation to the guidance.
(5) A draft of any guidance proposed to be issued by the Secretary of State under this section shall be laid before each House of Parliament.
(6) Guidance shall not be issued by the Secretary of State under this section until after the period of forty days beginning with—
(a) the day on which the draft is laid before each House of Parliament; or
(b) if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.
(7) If, before the end of that period, either House resolves that the guidance should not be issued, the Secretary of State must not issue it.
(8) In reckoning any period of forty days for the purposes of subsection (6) or (7) above, no account shall be taken of any time during which—
(a) Parliament is dissolved or prorogued; or
(b) both Houses are adjourned for more than four days.
(9) The Secretary of State and the Assembly shall arrange for any guidance issued by him or it under this section to be published in such manner as he or it considers appropriate.
(10) In this section, an “appointment area” is an area for which an appointment is held under Chapter 1 of Part 2 of this Act.”
(1) Section 39 of the WIA (procedure for making regulations relating to performance standards in connection with water supply) is amended as follows.
(2) Before subsection (1) there is inserted—
“(A1) The Secretary of State may make regulations under section 38 above—
(a) on an application by the Authority, in accordance with subsections (1) to (3) below; or
(b) otherwise than on such an application, in accordance with subsections (4) to (8) below.”
(3) In subsection (1)—
(a) for the words preceding paragraph (a), and paragraph (a), there is substituted “Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 38 above if—”,
(b) in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is inserted—
“(iii) on the Council; and
(iv) on such other persons or bodies as the Secretary of State may consider appropriate;”,
(c) in paragraph (c)(ii), for “(b)(ii)” there is substituted “(b)”.
(4) In subsection (2)—
(a) in paragraph (a), for “draft provisions proposed by the Director for inclusion in” there is substituted “the Authority’s proposals for the making of”,
(b) in paragraph (b), for “those provisions” there is substituted “the regulations”.
(5) In subsection (3)—
(a) for “under section 38 above” there is substituted “on an application by the Authority under this section”,
(b) in paragraph (a), for “the provisions proposed by the Director in his application or those provisions” there is substituted “those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals”,
(c) in paragraph (b), the “and” at the end of sub-paragraph (i) is omitted, and after sub-paragraph (ii) there is inserted “and
(iii) to any person or body on whom a copy of the Authority’s application was served under subsection (1)(b) above.”
(6) After subsection (3) there is added—
“(4) Where no such application as is mentioned in subsection (1) above has been made, the Secretary of State may make regulations under section 38 above only if he considers—
(a) that the regulations will contribute towards the attainment of policies relating to public health or the environment; or
(b) (if he does not consider that they will so contribute) that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made.
(5) Before making regulations under section 38 above by virtue of subsection (4) above, the Secretary of State shall—
(a) give notice of his proposals;
(b) consider the results of the research carried out in accordance with subsection (7) below; and
(c) consider every representation or objection with respect to the proposals which has been duly made and not withdrawn.
(6) A notice under subsection (5)(a) above must—
(a) summarise the Secretary of State’s reasons for his proposals;
(b) specify the water undertaker or undertakers in relation to which it is proposed the regulations should apply; and
(c) specify the period within which objections or representations with respect to the proposals may be made.
(7) Before giving notice under subsection (5)(a) above the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.
(8) A notice under subsection (5)(a) above shall be given by serving a copy on—
(a) the Authority;
(b) the Council;
(c) every water undertaker to which the regulations will apply;
(d) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; and
(e) such other persons or bodies as the Secretary of State may consider appropriate.”
Water Act 2003