Law

Water Industry Act 1991

United Kingdom · statute

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In force since 2026-10-31, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 537 provisions
  1. Title and introductory text
  2. 1 The Director General of Water Services.
  3. 1A Water Services Regulation Authority
  4. 2 General duties with respect to water industry.
  5. 2A Strategic priorities and objectives: England
  6. 2B Strategic priorities and objectives: Wales
  7. 3 General environmental and recreational duties.
  8. 4 Environmental duties with respect to sites of special interest.
  9. 5 Codes of practice with respect to environmental and recreational duties.
  10. 6 Appointment of relevant undertakers.
  11. 7 Continuity of appointments, replacement appointments etc.
  12. 8 Procedure with respect to appointments and variations.
  13. 9 Duties affecting making of appointments and variations.
  14. 10 Transitional provision with respect to replacement appointments.
  15. 11 Power to impose conditions.
  16. 12 Determinations under conditions of appointment.
  17. 12A Modification by the Authority
  18. 12B Modification of conditions of appointment: early effective date
  19. 12C Modifications of conditions under section 12A: supplementary
  20. 12D Appeal to the CMA
  21. 12E Procedure on appeal to CMA
  22. 12F Determination by CMA of appeal
  23. 12G CMA’s powers on allowing an appeal
  24. 12H Time limits for CMA to determine an appeal
  25. 12I Determination of appeal by CMA: supplementary
  26. 12J Modification by the Secretary of State: special administration orders
  27. 12K Modifications under section 12J: procedural requirements
  28. 13 Modification by agreement.
  29. 14 Modification references to CMA.
  30. 14A References under section 14: time limits
  31. 14B References under section 14: powers of investigation
  32. 15 Reports on modification references.
  33. 16 Modification following report.
  34. 16A CMA's power of veto following report
  35. 16B CMA's power of veto following report: supplementary
  36. 16C Modification by the Welsh Ministers: special administration orders
  37. 16D Modifications under section 16C: procedural requirements
  38. 17 Modification by order under other enactments.
  39. 17A Water supply licences
  40. 17AA Water supply licences: restrictions on grants
  41. 17B Meaning of supply system
  42. 17BA Sewerage licences
  43. 17BB Sewerage licences: restrictions on grants
  44. 17C Meaning of household premises
  45. 17D The threshold requirement
  46. 17DA Guidance
  47. 17E Determinations by the Authority
  48. 17F Procedure for granting water supply and sewerage licences
  49. 17FA Applications forwarded by the Water Industry Commission for Scotland
  50. 17FB Applications forwarded to the Water Industry Commission for Scotland
  51. 17G Licence conditions
  52. 17H Standard conditions of water supply licences
  53. 17HA Standard conditions of sewerage licences
  54. 17I Modification of licences by agreement
  55. 17J Modification of standard conditions
  56. 17K Modification references to competition authority
  57. 17L References under section 17K: time limits
  58. 17M References under section 17K: powers of investigation
  59. 17N Reports on modification references
  60. 17O Modification of licences following report
  61. 17P Power of veto following report
  62. 17Q Section 17P: supplementary
  63. 17R Modification by order under other enactments
  64. 18 Orders for securing compliance with certain provisions.
  65. 19 Exceptions to duty to enforce.
  66. 20 Procedure for enforcement orders.
  67. 21 Validity of enforcement orders.
  68. 22 Effect of enforcement order.
  69. 22A Penalties
  70. 22B Statement of policy with respect to penalties
  71. 22C Time limits on the imposition of financial penalties
  72. 22D Interest and payment of instalments
  73. 22E Appeals
  74. 22F Recovery of penalties
  75. 23 Meaning and effect of special administration order.
  76. 24 Special administration orders made on special petitions.
  77. 25 Power to make special administration order on winding-up petition.
  78. 26 Restrictions on voluntary winding up and insolvency proceedings.
  79. 27 General duty of Authority to keep matters under review.
  80. 27ZA Power to require information for purpose of monitoring
  81. 27A Establishment of the Council and committees
  82. 27B Co-operation between Council and other authorities
  83. 27C The interests of consumers
  84. 27D Acquisition and review of information
  85. 27E Provision of advice and information to public authorities
  86. 27F Provision of information to consumers
  87. 27G Power to publish information and advice about consumer matters
  88. 27H Provision of information to the Council
  89. 27I Publication of notice of reasons
  90. 27J Provision of information by the Council
  91. 27K Sections 27H to 27J: supplementary
  92. 28 Customer service committees.
  93. 29 Consumer complaints
  94. 29A Power of Council to investigate other matters
  95. 30 Duties of Director with respect to complaints
  96. 30ZA Duty to consult Council
  97. 30ZB Copies of notices
  98. 30A Determination of disputes by the Authority.
  99. 31 Functions of Authority with respect to competition.
  100. 32 Duty to refer merger of water or sewerage undertakings.
  101. 33 Exclusion of small mergers from duty to make reference.
  102. 33A Exceptions to duty to make reference
  103. 33B Opinion of the Authority
  104. 33C Statement of methods
  105. 33D Undertakings in lieu of a merger reference
  106. 34 Application of provisions of Enterprise Act 2002
  107. 35 Construction of merger provisions.
  108. 35A Remuneration and standards of performance
  109. 35B Rules about remuneration and governance
  110. 35C Rules under section 35B: procedure
  111. 35D Rules under section 35B: minor or urgent variations
  112. 35E Authority to secure publication of financial overview
  113. 36 Interpretation of Part II.
  114. 36A Regulations
  115. 36B Tendering
  116. 36C Criteria for tendering
  117. 36D Designation as an infrastructure provider
  118. 36E Ministerial responsibility
  119. 36F Cross-border infrastructure projects
  120. 36G Regulations: procedure
  121. 37 General duty to maintain water supply system etc.
  122. 37A Water resources management plans: preparation and review
  123. 37AA Water resources management plans for England: resilience
  124. 37B Water resources management plans: publication and representations
  125. 37C Water resources management plans: provision of information
  126. 37D Water resources management plans: supplementary
  127. 38 Standards of performance in connection with water supply.
  128. 38ZA Standards of performance in connection with the supply of water: water supply licensees
  129. 38A Information with respect to levels of performance.
  130. 38B Publication of statistical information about complaints
  131. 39 Procedure for regulations under section 38.
  132. 39ZA Procedure for regulations under section 38ZA
  133. 39A Information to be given to customers about overall performance.
  134. 39B Drought plans: preparation and review
  135. 39C Drought plans: provision of information
  136. 39D Drought plans: supplementary
  137. 40 Bulk supplies.
  138. 40A Variation and termination of bulk supply agreements.
  139. 40B Codes in respect of bulk supply agreements
  140. 40C Codes under section 40B: procedure
  141. 40D Codes under section 40B: minor or urgent revisions
  142. 40E Rules about charges for the supply of water in bulk
  143. 40F Rules under section 40E: provision about the reduction of charges
  144. 40G Rules under section 40E: procedure
  145. 40H Rules under section 40E: minor or urgent revisions
  146. 40I Rules under section 40E: guidance
  147. 40J Duty to provide information about bulk supplies
  148. 41 Duty to comply with water main requisition.
  149. 42 Financial conditions of compliance.
  150. 43 Calculation of “relevant deficit” for the purposes of section 42.
  151. 43A Calculation of “discounted aggregate deficit” for the purposes of section 42
  152. 44 Determination of completion date and route for requisitioned main.
  153. 45 Duty to make connections with main.
  154. 46 Duty to carry out ancillary works for the purpose of making domestic connection.
  155. 47 Conditions of connection with water main.
  156. 48 Interest on sums deposited in pursuance of the deposit condition.
  157. 49 Supplemental provisions with respect to the metering conditions.
  158. 50 Restriction on imposition of condition requiring separate service pipes.
  159. 51 Time for performance of connection etc. duties.
  160. 51A Agreements to adopt water main or service pipe at future date
  161. 51B Adoption at a future date: orders by Authority
  162. 51C Variation and termination of section 51A agreements
  163. 51CA Codes in respect of section 51A agreements
  164. 51CB Codes under section 51CA: procedure
  165. 51CC Codes under section 51CA: minor or urgent revisions
  166. 51CD Rules about charges in connection with a section 51A agreement
  167. 51CE Rules under section 51CD: procedure
  168. 51CF Rules under section 51CD: minor or urgent revisions
  169. 51CG Rules under section 51CD: guidance
  170. 51D Prohibition on connection without adoption
  171. 51E Sections 51A to 51D: supplementary
  172. 52 The domestic supply duty.
  173. 53 Conditions of compliance with domestic supply duty.
  174. 54 Enforcement of domestic supply duty.
  175. 55 Supplies for non-domestic purposes.
  176. 56 Determinations on requests for non-domestic supplies.
  177. 57 Duty to provide a supply of water etc. for fire-fighting.
  178. 58 Specially requested fire-hydrants.
  179. 59 Supplies for other public purposes.
  180. 60 Disconnections for the carrying out of necessary works.
  181. 61 Disconnections for non-payment of charges.
  182. 62 Disconnections at request of customer.
  183. 63 General duties of undertakers with respect to disconnections.
  184. 63AA Supply by water supply licensee: domestic supply
  185. 63AB Supply by water supply licensee: non-domestic supply
  186. 63AC Interim duty: domestic and non-domestic supply
  187. 63AD Interim duty: supplementary
  188. 63AE Interim licensees: schemes for terms and conditions
  189. 63AF Interim duty: code
  190. 63A Prohibition of use of limiting devices.
  191. 64 Supply by means of separate service pipes.
  192. 65 Duties of undertakers as respects constancy and pressure.
  193. 66 Requirements by undertaker for maintaining pressure.
  194. 66A Wholesale water supply by primary water undertaker
  195. 66AA Water supply from water undertaker
  196. 66B Introduction of water into water undertaker's supply system
  197. 66C Introduction of water provided by secondary water undertaker
  198. 66CA Determinations by Authority
  199. 66D Agreements as to duties under sections 66A to 66C
  200. 66DA Codes in respect of section 66D agreements
  201. 66DB Codes under section 66DA: procedure
  202. 66DC Codes under section 66DA: minor or urgent revisions
  203. 66E Rules about charges
  204. 66EA Rules about charges: provision about the reduction of charges
  205. 66EB Rules under section 66E: procedure
  206. 66EC Rules under section 66E: minor or urgent revisions
  207. 66ED Rules under section 66E: guidance
  208. 66F Section 66D: supplementary
  209. 66G Designation of strategic supply
  210. 66H Designation of collective strategic supply
  211. 66I Prohibition on unauthorised use of supply system
  212. 66J Prohibition on unauthorised introduction of water
  213. 66K Sections 66I and 66J: exemptions
  214. 66L Section 66K: supplementary
  215. 67 Standards of wholesomeness.
  216. 68 Duties of water undertakers and water supply licensees with respect to water quality.
  217. 69 Regulations for preserving water quality.
  218. 70 Offence of supplying water unfit for human consumption.
  219. 71 Waste from water sources.
  220. 72 Contamination of water sources.
  221. 73 Offences of contaminating, wasting and misusing water etc.
  222. 74 Regulations for preventing contamination, waste etc. and with respect to water fittings.
  223. 75 Power to prevent damage and to take steps to prevent contamination, waste etc.
  224. 76 Temporary bans on use
  225. 76A Temporary bans: supplemental
  226. 76B Temporary bans: procedure
  227. 76C Orders under sections 76 and 76A
  228. 77 General functions of local authorities in relation to water quality.
  229. 78 Local authority functions in relation to undertakers’ supplies.
  230. 79 Local authority functions where piped supplies insufficient or unwholesome.
  231. 80 Remedial powers of local authorities in relation to private supplies.
  232. 81 Confirmation of private supply notices.
  233. 82 Enforcement and variation of private supply notice.
  234. 83 Application of certain powers to local authorities in relation to private supplies.
  235. 84 Local authority rights of entry etc.
  236. 85 Local authority power to obtain information for the purposes of functions under Chapter III.
  237. 86 Appointment and functions of inspectors
  238. 86ZA Charging of fees
  239. 86A Procedure for dealing with complaints.
  240. 87 Fluoridation of water supplies
  241. 87A Target concentration of fluoride
  242. 87B Fluoridation arrangements: determination of terms
  243. 87C Fluoridation arrangements: compliance
  244. 88 Power to vary permitted fluoridation agents.
  245. 88A Power to vary target concentration of fluoride
  246. 88B Requirement for fluoridation proposal: England
  247. 88C Initial consultation etc. on fluoridation proposal
  248. 88D Additional requirements where other local authorities affected
  249. 88E Decision on fluoridation proposal
  250. 88F Decision-making procedure: exercise of functions by committee
  251. 88G Secretary of State's duty in relation to fluoridation proposal
  252. 88H Payments by local authorities towards fluoridation costs
  253. 88I Variation or termination of arrangements under section 87(1)
  254. 88J Initial consultation etc. on variation or termination proposal
  255. 88K Additional requirements where other local authorities affected
  256. 88L Decision on variation or termination proposal
  257. 88M Decision-making procedure: exercise of functions by committee
  258. 88N Secretary of State's duty in relation to requests for variation or termination
  259. 88O Power to make regulations as to maintenance of section 87 arrangements
  260. 89 Consultation ...
  261. 90 Indemnities in respect of fluoridation.
  262. 90A Review of fluoridation
  263. 90B Old English fluoridation arrangements: transitional provision
  264. 91 Old Welsh fluoridation arrangements: transitional provision
  265. 92 Power to give effect to international obligations etc.
  266. 93 Interpretation of Part III.
  267. 93A Duty to promote the efficient use of water.
  268. 93B Power of Authority to impose requirements on water undertakers.
  269. 93C Publicity of requirements imposed under section 93B.
  270. 93D Information as to compliance with requirements under section 93B.
  271. 94 General duty to provide sewerage system.
  272. 94A Drainage and sewerage management plans: preparation and review
  273. 94B Drainage and sewerage management plans: power to amend period
  274. 94C Drainage and sewerage management plans: regulations about procedure
  275. 94D Regulations under section 94C: supplementary
  276. 94E Drainage and sewerage management plans: directions
  277. 95 Standards of performance in connection with provision of sewerage services.
  278. 95ZA Standards of performance in connection with provision of sewerage services: sewerage licensees
  279. 95A Information with respect to levels of performance.
  280. 95B Publication of statistical information about complaints
  281. 96 Procedure for regulations under section 95.
  282. 96ZA Procedure for regulations under section 95ZA
  283. 96A Information to be given to customers about overall performance.
  284. 96B Nutrient pollution standards to apply to certain sewage disposal works
  285. 96C Sensitive catchment areas
  286. 96D Exempt sewage disposal works
  287. 96E Upgrade date
  288. 96F Nutrient pollution standards
  289. 96G Nutrient pollution standards determined through environmental permitting
  290. 96H Section 96G: procedure and revocations
  291. 96I Information about catchment areas and nutrient significant plants
  292. 96J Section 96B: enforcement and interaction with other provisions
  293. 96K Powers to amend sections 96D and 96F
  294. 96L Sections 96B to 96K, 96M and 96N: interpretation
  295. 96M New and altered plants: modifications
  296. 96N Setting and enforcing nutrient pollution standards
  297. 97 Performance of sewerage undertaker’s functions by local authorities etc.
  298. 98 Duty to comply with sewer requisition.
  299. 99 Financial conditions of compliance.
  300. 100 Calculation of “relevant deficit” for the purposes of section 99.
  301. 100A Calculation of “discounted aggregate deficit” for the purposes of section 99
  302. 101 Determination of completion date and route for requisitioned sewer or lateral drain.
  303. 101A Further duty to provide sewers.
  304. 101B Power to construct lateral drains following provision of public sewer
  305. 102 Adoption of sewers and disposal works.
  306. 103 Adoption of cross-border sewers etc.
  307. 104 Agreements to adopt sewer, drain or sewage disposal works, at future date
  308. 105 Appeals with respect to adoption.
  309. 105ZA Adoption at a future date: orders by Authority
  310. 105ZB Variation and termination of section 104 agreements
  311. 105ZC Codes in respect of section 104 agreements
  312. 105ZD Codes under section 105ZC: procedure
  313. 105ZE Codes under section 105ZC: minor or urgent revisions
  314. 105ZF Rules about charges in connection with a section 104 agreement
  315. 105ZG Rules under section 105ZF: procedure
  316. 105ZH Rules under section 105ZF: minor or urgent revisions
  317. 105ZI Rules under section 105ZF: guidance
  318. 105A Schemes for the adoption of sewers, lateral drains and sewage disposal works
  319. 105B Adoption schemes: appeals
  320. 105C Adoption schemes: supplementary
  321. 106 Right to communicate with public sewers.
  322. 106A Sustainable drainage
  323. 106B Requirement to enter into agreement before construction
  324. 107 Right of sewerage undertaker to undertake the making of communications with public sewers.
  325. 108 Communication works by person entitled to communication.
  326. 109 Unlawful communications.
  327. 110 Determination of disputes with respect to cross boundary sewers.
  328. 110A Main connections
  329. 110B Variation and termination of main connection agreements
  330. 110C Codes in respect of main connection agreements
  331. 110D Codes under section 110C: procedure
  332. 110E Codes under section 110C: minor or urgent revisions
  333. 110F Rules about charges for permitting main connections
  334. 110G Rules under section 110F: provision about the reduction of charges
  335. 110H Rules under section 110F: procedure
  336. 110I Rules under section 110F: minor or urgent revisions
  337. 110J Rules under section 110F: guidance
  338. 110K Provision by sewerage licensee
  339. 110L Interim duty: sewerage undertakers and sewerage licensees
  340. 110M Interim duty: supplementary
  341. 110N Interim licensees: schemes for terms and conditions
  342. 110O Interim duty: code
  343. 111 Restrictions on use of public sewers.
  344. 112 Requirement that proposed drain or sewer be constructed so as to form part of general system.
  345. 113 Power to alter drainage system of premises in area.
  346. 114 Power to investigate defective drain or sewer.
  347. 114A Drainage systems relieving public sewers
  348. 115 Use of highway drains as sewers and vice versa.
  349. 116 Power to close or restrict use of public sewer.
  350. 116A Procedures for dealing with complaints.
  351. 117 Interpretation of Chapter II.
  352. 117A Use of undertaker's sewerage system
  353. 117B Matter dealt with by sewerage undertaker
  354. 117C Removal of matter from sewerage system by a sewerage licensee
  355. 117D Connections for the purposes of a disposal authorisation
  356. 117E Agreements as to duties under sections 117A to 117D
  357. 117F Codes in respect of section 117E agreements
  358. 117G Codes under section 117F: procedure
  359. 117H Codes under section 117F: minor or urgent revisions
  360. 117I Rules about charges
  361. 117J Rules about charges: provision about the reduction of charges
  362. 117K Rules under section 117I: procedure
  363. 117L Rules under section 117I: minor or urgent revisions
  364. 117M Rules under section 117I: guidance
  365. 117N Designation of strategic sewerage provision
  366. 117O Designation of collective strategic sewerage provision
  367. 117P Prohibition on unauthorised use of sewerage system
  368. 117Q Prohibition on unauthorised removal of matter from sewerage system
  369. 117R Sections 117P and 117Q: exemptions
  370. 117S Section 117R: supplementary
  371. 118 Consent required for discharge of trade effluent into public sewer.
  372. 119 Application for consent.
  373. 120 Applications for the discharge of special category effluent.
  374. 121 Conditions of consent.
  375. 122 Appeals to the Authority with respect to decisions on applications etc.
  376. 123 Appeals with respect to the discharge of special category effluent.
  377. 124 Variation of consents.
  378. 125 Variations within time limit.
  379. 126 Appeals with respect to variations of consent.
  380. 127 Review by the appropriate agency of consents relating to special category effluent.
  381. 128 Application for variation of time for discharge.
  382. 129 Agreements with respect to the disposal etc of trade effluent.
  383. 130 Reference to the appropriate agency of agreements relating to special category effluent.
  384. 131 Review by the appropriate agency of agreements relating to special category effluent.
  385. 132 Powers and procedure on references and reviews.
  386. 133 Effect of determination on reference or review.
  387. 134 Compensation in respect of determinations made for the protection of public health etc.
  388. 135 Restrictions on power to fix charges under Chapter III.
  389. 135A Power of the appropriate agency to acquire information for the purpose of its functions in relation to special category effluent.
  390. 136 Evidence from meters etc.
  391. 137 Statement of case on appeal.
  392. 138 Meaning of “special category effluent”.
  393. 139 Power to apply Chapter III to other effluents.
  394. 140 Pre-1989 Act authority for trade effluent discharges etc.
  395. 141 Interpretation of Chapter III.
  396. 141A Storm overflow discharge reduction plan
  397. 141B Progress reports on storm overflow discharge reduction plan
  398. 141C Annual reports on discharges from storm overflows
  399. 141D Environment Agency reports
  400. 141DA Reporting on discharges from storm overflows
  401. 141DB Monitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works
  402. 141E Interpretation of Chapter 4
  403. 142 Powers of undertakers to charge.
  404. 143 Charges schemes.
  405. 143A Regulations as to provisions to be included in charges schemes.
  406. 143AA Special provision under section 143A: financial arrangements
  407. 143AB Special provision under section 143A: consultation
  408. 143B Rules about charges schemes
  409. 143C Rules under section 143B: procedure
  410. 143D Rules under section 143B: minor or urgent revisions
  411. 143E Rules under section 143B: guidance
  412. 144 Liability of occupiers etc. for charges.
  413. 144ZA Rules about charges for connections etc
  414. 144ZB Rules under section 144ZA: procedure
  415. 144ZC Rules under section 144ZA: minor or urgent revisions
  416. 144ZD Rules under section 144ZA: guidance
  417. 144ZE General guidance on charges
  418. 144ZF Guidance under section 144ZE: procedure
  419. 144A Right of consumer to elect for charging by reference to volume.
  420. 144B Restriction on undertakers’ power to require fixing of charges by reference to volume.
  421. 144C Non-owner occupiers
  422. 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  423. 146 Connection charges etc. and charges for highway drainage.
  424. 147 Charging for emergency use of water.
  425. 148 Restriction on charging for metering works.
  426. 149 Further provision relating to charging by volume.
  427. 150 Fixing maximum charges for services provided with the help of undertakers’ services.
  428. 150B Meaning of “consumer” in Chapter I.
  429. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  430. 152 Grants for national security purposes.
  431. 153 Government financial assistance where special administration orders made.
  432. 154 Guarantees under section 153.
  433. 154A Financial assistance to reduce charges
  434. 154B Financial assistance for major works
  435. 155 Compulsory purchase.
  436. 156 Restriction on disposals of land.
  437. 157 Byelaws with respect to undertakers’ waterways and land.
  438. 158 Powers to lay pipes in streets.
  439. 159 Power to lay pipes in other land.
  440. 160 Power to carry out works for sewerage purposes.
  441. 161 Power to deal with foul water and pollution.
  442. 162 Works in connection with metering.
  443. 163 Power to fit stopcocks.
  444. 164 Agreements for works with respect to water sources.
  445. 165 Discharges for works purposes.
  446. 166 Consents for certain discharges under section 165.
  447. 167 Compulsory works orders.
  448. 168 Entry for works purposes.
  449. 169 Power to carry out surveys and to search for water.
  450. 170 Entry etc. for other purposes.
  451. 171 Entry for sewerage purposes.
  452. 172 Entry for metering purposes.
  453. 173 Impersonation of persons entitled to entry.
  454. 174 Offences of interference with works etc.
  455. 175 Offence of tampering with meter.
  456. 176 Consent for the purposes of section 175.
  457. 177 Financial obligations with respect to any interference with a meter.
  458. 178 Obstruction of sewerage works etc.
  459. 179 Vesting of works in undertaker.
  460. 180 Compensation for damage caused by works etc.
  461. 181 Complaints with respect to the exercise of works powers on private land.
  462. 182 Codes of practice with respect to work on private land.
  463. 183 Protection for particular undertakings.
  464. 184 Power of certain undertakers to alter public sewers etc.
  465. 185 Duty to move pipes etc. in certain cases.
  466. 186 Protective provisions in respect of flood defence works and watercourses etc.
  467. 187 Works in tidal lands etc.
  468. 188 Mineral rights.
  469. 189 Power to sell minerals deriving from sewerage works.
  470. 190 Saving for planning controls.
  471. 191 Duties to make recreational facilities available when building reservoirs in Wales.
  472. 192 Interpretation of Part VI.
  473. 192A Forward work programmes
  474. 192B Annual and other reports
  475. 193 Reports by Director.
  476. 194 Reports by customer service committees.
  477. 195 the Authority's register.
  478. 195A Reasons for decisions
  479. 196 Trade effluent registers.
  480. 197 Register for the purposes of works discharges.
  481. 198 Maps of waterworks.
  482. 199 Sewer maps.
  483. 200 Provision of sewer maps to local authorities.
  484. 201 Publication of certain information and advice.
  485. 202 Duties of undertakers to furnish the Secretary of State with information.
  486. 203 Power to acquire information for enforcement purposes.
  487. 204 Provision of information to sewerage undertakers with respect to trade effluent discharges.
  488. 205 Exchange of metering information between undertakers.
  489. 205A Duty to prepare and publish plans
  490. 205B Implementation reports
  491. 205C Sections 205A and 205B: enforcement and sanctions
  492. 206 Restriction on disclosure of information.
  493. 207 Provision of false information.
  494. 207A Appeals to the CMA
  495. 207B Procedure on appeals
  496. 207C Determination of appeals
  497. 208 Directions in the interests of national security.
  498. 209 Civil liability of undertakers for escapes of water etc.
  499. 209A Rights of tenants in relation to metering.
  500. 210 Offences by bodies corporate.
  501. 211 Limitation on right to prosecute in respect of sewerage offences.
  502. 212 Judicial disqualification.
  503. 213 Powers to make regulations.
  504. 214 Power to prescribe forms.
  505. 215 Local inquiries.
  506. 216 Provisions relating to the service of documents.
  507. 217 Construction of provision conferring powers by reference to undertakers’ functions.
  508. 218 Meaning of “domestic purposes” in relation to water supply.
  509. 219 General interpretation.
  510. 220 Effect of local Acts.
  511. 221 Crown application.
  512. 222 Application to the Isles of Scilly.
  513. 223 Short title, commencement and extent.
  514. SCHEDULE 1
  515. SCHEDULE 1A The Water Services Regulation Authority
  516. SCHEDULE 2 Transitional Provision on Termination of Appointments
  517. SCHEDULE 2ZA Procedure for appeals under section 12D
  518. SCHEDULE 2A WATER SUPPLY LICENCES: AUTHORISATIONS
  519. SCHEDULE 2B SEWERAGE LICENCES: AUTHORISATIONS
  520. SCHEDULE 3 SPECIAL ADMINISTRATION ORDERS
  521. SCHEDULE 3A The Consumer Council for Water
  522. SCHEDULE 4
  523. SCHEDULE 4ZA Application of provisions of Enterprise Act 2002 to mergers of water enterprises
  524. Schedule 4A Premises that are not to be disconnected for non-payment of charges
  525. SCHEDULE 5 PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLY
  526. SCHEDULE 6 SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY
  527. SCHEDULE 7 PRE-1985 FLUORIDATION SCHEMES
  528. SCHEDULE 8 PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC.
  529. SCHEDULE 9 MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTS
  530. SCHEDULE 10 PROCEDURE RELATING TO BYELAWS UNDER SECTION 157
  531. SCHEDULE 11 ORDERS CONFERRING COMPULSORY WORKS POWERS
  532. SCHEDULE 12 COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS
  533. SCHEDULE 13 PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS
  534. SCHEDULE 14 MINERAL RIGHTS
  535. SCHEDULE 15 DISCLOSURE OF INFORMATION
  536. SCHEDULE 16 PROCEDURE ON APPEALS UNDER SECTION 207A
  537. Table of Derivations

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537 provisions

87A Target concentration of fluoride

(1) Arrangements under section 87(1) above shall include provision for securing that, so far as reasonably practicable, the concentration of fluoride in the water supplied to premises in the specified area is maintained at the general target concentration of one milligram per litre. (2) But the arrangements may provide for the concentration in the specified area (or any part of it) to be lower than that if the relevant authority considers that it is not reasonably practicable to achieve the general target concentration in the specified area (or that part of it). (3) Any such lower concentration must still be as high as is reasonably practicable in the circumstances. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) If, in relation to any area (“area A”), an order under section 88A(1) below specifies a general target concentration lower than that for which any arrangements effective there provide (or, by the previous operation of this subsection, are taken to provide), the arrangements shall have effect from the coming into force of the order as if they provided for the general target concentration specified in the order (subject to the operation again of subsections (2) and (3) above). (5) If the result of the operation of subsection (4) above in relation to arrangements in area A is that in an area adjoining area A (“area B”) it is not reasonably practicable to maintain the concentration of fluoride in the water supplied by virtue of arrangements made in area B with the same water undertaker, the order shall be taken to extend also to area B so far as those arrangements are concerned, and subsection (4) above shall apply accordingly. (6) An order under section 88A(1) below which in relation to any area specifies a general target concentration higher than that for which any arrangements effective there provide (or are taken to provide by virtue of subsection (4) or (5) above) does not have effect to increase the concentration for which the arrangements provide (or are taken to provide). (7) In this section, “specified area” means the area specified in arrangements under section 87(1) above.

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87B Fluoridation arrangements: determination of terms

(1) This section applies if a relevant authority and a water undertaker fail to agree— (a) the terms of arrangements requested by the relevant authority pursuant to subsection (1) of section 87 above; or (b) a variation in the terms of those arrangements following a request by the relevant authority pursuant to subsection (6)(c) of that section. (2) In relation to areas in England (except where subsection (4) below applies)— (a) the relevant authority may refer the matter to the Secretary of State for determination; (a) the Secretary of State may— (i) determine the terms of the arrangements as the Secretary of State sees fit; or (ii) refer the matter for determination by such other person as the Secretary of State considers appropriate; and”, and (b) following such a reference, the Secretary of State may— (i) determine the terms of the arrangements as he sees fit; or (ii) refer the matter for determination by such other person as he considers appropriate; and (c) the determination of the Secretary of State or, as the case may be, the other person shall be final. (3) In relation to areas in Wales (except where subsection (4) below applies)— (a) the Assembly may— (i) determine the terms of the arrangements itself as it sees fit; or (ii) refer the matter for determination by such other person as it considers appropriate; and (b) the determination of the Assembly or, as the case may be, the other person shall be final. (4) Where the Assembly is one of the relevant authorities which has made a combined reference under section 87(8)(b) or (10) Where a combined reference is made under section 87(7C)(b) or 87(7F) above— (a) the terms of the arrangements shall be determined by a person appointed by the Secretary of State and the Assembly acting jointly; and (b) the determination of that person shall be final. (5) Following determination under this section of the terms to be included in any arrangements— (a) the relevant authority shall give notice of the determination to the water undertaker in question; and (b) the undertaker shall be deemed to have entered into the arrangements under section 87(1) above on the terms determined under this section with effect from the day after the date of the notice. (6) References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements deemed to have been entered into under that section by virtue of subsection (5)(b) above.

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87C Fluoridation arrangements: compliance

(1) It shall be the duty of each water undertaker to comply with any arrangements entered into by it under section 87(1) above. (2) Where, pursuant to any such arrangements, the fluoride content of any water is increased, the increase may be effected only by the addition of one or more of the following compounds of fluorine— hexafluorosilicic acid (H2SiF6) disodium hexafluorosilicate (Na2SiF6). (3) Subject to subsection (4) below, water to which fluoride has been added pursuant to any such arrangements entered into by a water undertaker (with a view to its supply in an area) may be supplied by that or any other undertaker to premises in any other area (whether or not that other area is the subject of arrangements under section 87(1) above). (4) Subsection (3) above applies if (and only if) the undertaker or undertakers concerned consider that it is necessary for the water to be supplied in the other area— (a) for the purpose of dealing with any serious deficiency in supply; or (b) in connection with the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by the undertakers concerned, or by a water supply licensee supplying water using its or their supply system. (5) In this section— (a) the reference, in subsection (3) above, to water to which fluoride has been added pursuant to arrangements includes a reference to water to which fluoride has been added by Scottish Water in exercise of the power conferred by section 1 of the Water (Fluoridation) Act 1985; and (b) in relation to a supply of such water by a water undertaker, the reference, in subsection (4) above, to the water undertakers concerned shall have effect as references to the water undertaker and Scottish Water. (6) In subsection (4) above, “serious deficiency in supply” means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances. (7) Arrangements entered into under section 87(1) above shall remain in force until the relevant authority, after giving reasonable notice to the water undertaker, terminates them. (8) But (except where it is reasonably practicable to terminate the arrangements separately), arrangements to which section 87(8)(a) or (b) applied may only be terminated by the relevant authorities acting jointly.

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88 Power to vary permitted fluoridation agents.

(1) The Secretary of State may by order amend section 87C(2) above by— (a) adding a reference to another compound of fluorine; or (b) removing any reference to a compound of fluorine. (2) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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88A Power to vary target concentration of fluoride

(1) The appropriate authority may by order made by statutory instrument provide that section 87A(1) above is to have effect as if for “one milligram per litre” there were substituted a lower concentration specified in the order. (2) An order under subsection (1) above may make different provision for different geographical areas, or for some such areas and not others. (3) A statutory instrument containing an order under subsection (1) above shall not be made by the Secretary of State (or by the Secretary of State and the Assembly acting jointly) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (4) In subsection (1) above “appropriate authority”— (a) in relation to an area which is partly in England and partly in Wales, means the Secretary of State and the Assembly acting jointly; (b) in relation to an area which is wholly in England, means the Secretary of State; and (c) in relation to an area which is wholly in Wales, means the Assembly. (5) An order amending or revoking an order under subsection (1) above made by virtue of subsection (4)(a) above must also be made by the Secretary of State and the Assembly acting jointly.

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88B Requirement for fluoridation proposal: England

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88C Initial consultation etc. on fluoridation proposal

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88D Additional requirements where other local authorities affected

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88E Decision on fluoridation proposal

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88F Decision-making procedure: exercise of functions by committee

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88G Secretary of State's duty in relation to fluoridation proposal

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88H Payments by local authorities towards fluoridation costs

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88I Variation or termination of arrangements under section 87(1)

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88J Initial consultation etc. on variation or termination proposal

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88K Additional requirements where other local authorities affected

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88L Decision on variation or termination proposal

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88M Decision-making procedure: exercise of functions by committee

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88N Secretary of State's duty in relation to requests for variation or termination

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88O Power to make regulations as to maintenance of section 87 arrangements

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89 Consultation ...

(1) Before taking any step mentioned in subsection (2) below, a relevant authority shall— (a) consult and ascertain opinion in accordance with regulations made by that authority; and (b) comply with the requirements set out in regulations made by that authority. (2) The steps are— (a) requesting a water undertaker to enter into arrangements under section 87(1) above; (b) requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases; (c) giving notice to a water undertaker under section 87C(7) above to terminate any such arrangements; (d) maintaining any such arrangements in prescribed circumstances. (3) Regulations— (a) under paragraph (a) of subsection (1) above shall include provision about the process which the relevant authority is to follow for the purposes of that paragraph; (b) under paragraph (b) of that subsection shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken. (4) Subsection (1) above shall not apply in relation to a proposal by a relevant authority to take the step mentioned in subsection (2)(c) above if that authority so directs by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal). (5) In this section “appropriate authority”— (a) in a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly; (b) in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and (c) in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.

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90 Indemnities in respect of fluoridation.

(1) The Secretary of State may, with the consent of the Treasury, agree to indemnify any water undertaker in respect of liabilities which it may incur in complying with arrangements entered into by it pursuant to section 87(1) above. (2) The Secretary of State may also, with the consent of the Treasury, agree to indemnify any water supply licensee in respect of liabilities which the licensee may incur— (a) in supplying water to which fluoride has been added by a water undertaker by virtue of any such arrangements; (b) (if the licensee is introducing water into the water undertaker’s supply system) in complying with any obligation imposed on the licensee by the undertaker in consequence of the arrangements. (3) The Secretary of State may by regulations make provision with respect to— (a) the matters in respect of which an indemnity may be given under subsection (1) or (2) above; (b) the form and terms of any such indemnity; and (c) such ancillary matters as he sees fit.

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90A Review of fluoridation

(1) A relevant authority which has entered into arrangements under section 87(1) above shall— (a) monitor the effects of the arrangements on the health of persons living in the area specified in the arrangements; and (b) in accordance with subsections (3) to (5) below publish reports containing an analysis of those effects. (2) The relevant authority shall make available— (a) any information collected by it for the purposes of subsection (1) above; or (b) summaries of that information. (3) The relevant authority shall publish a report under subsection (1)(b) above within the period of four years beginning with the date on which the arrangements come into force (unless section 91(1) below applies in relation to the arrangements). (4) Where section 91(1) below applies in relation to the arrangements, the relevant authority shall publish a report under subsection (1)(b) above within the period of four years beginning with the date on which section 58 of the Water Act 2003 came into force. (5) The relevant authority shall publish a further report under subsection (1)(b) above within each period of four years beginning with the date on which their last such report was published. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) This section ceases to apply in relation to any arrangements under section 87(1) above if those arrangements are terminated.

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90B Old English fluoridation arrangements: transitional provision

(1) With effect from the day on which section 176 of the Health and Care Act 2022 comes into force, old English fluoridation arrangements are to be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1). (2) The Secretary of State may request such modifications to the arrangements as the Secretary of State considers necessary in order to give effect to subsection (1) (for example to insert the terms mentioned in section 87(6)). (3) If the Secretary of State and the water undertaker fail to agree the modifications requested by the Secretary of State— (a) subsection (2) or, as the case may be, (4) of section 87B is to apply as if the parties had failed to agree the terms of the arrangements under section 87(1), and (b) following determination of the modifications— (i) the Secretary of State is to give notice of the determination to the water undertaker, and (ii) the arrangements are deemed to have been modified as so determined with effect from the day after the date of notice. (4) Sections 87(11) and 89(1) (which relate to consultation) do not apply to the deemed entry into, and modification of, arrangements by virtue of this section. (5) References in this Chapter to arrangements entered into under section 87(1) include arrangements entered into by a water undertaker by virtue of subsection (1). (6) In this section “old English fluoridation arrangements” means— (a) any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991 (before section 87(3) was amended by section 35(2) of the Health and Social Care Act 2012 in relation to England), and (b) any arrangements which were treated as arrangements falling within paragraph (a) by virtue of section 91 (as that section had effect immediately before the commencement of section 37(4) of the Health and Social Care Act 2012).

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91 Old Welsh fluoridation arrangements: transitional provision

(1) With effect from the appointed day, old Welsh fluoridation arrangements shall be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker in question with the Welsh Ministers under section 87(1) above. (2) The Welsh Ministers may request such modifications to the arrangements as it considers necessary in order to give effect to subsection (1) above, for example to insert the terms mentioned in section 87(6) above. (3) If the Welsh Ministers and the water undertaker fail to agree the modifications requested by the Welsh Ministers— (a) subsection ... (3) or, as the case may be, (4) of section 87B above shall apply as if the parties had failed to agree the terms of arrangements requested under section 87(1) above; and (b) following determination of the modifications— (i) the Welsh Ministers shall give notice of the determination to the water undertaker; and (ii) the arrangements shall be deemed to have been modified as so determined with effect from the day after the date of the notice. (4) Sections 87(11) and 89(1) above (which relate to consultation) shall not apply to the deemed entry into, and modification of, arrangements by virtue of this section. (5) References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements treated as entered into by a water undertaker by virtue of subsection (1) above. (6) In this section— “the appointed day” means the day on which section 58 of the Water Act 2003 comes into force in relation to Wales; and “old Welsh fluoridation arrangements” means arrangements, other than arrangements mentioned in section 90B(6), in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.

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92 Power to give effect to international obligations etc.

(1) Subject to subsection (2) below, the Secretary of State may by regulations provide that the provisions of Chapters I to III of this Part shall have effect with such modifications as may be prescribed for the purpose of ...— (a) giving effect to any assimilated obligations, or (b) enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party. (2) This section shall not authorise any modification of any of sections 71, 72 and 76 above or of any other provisions of this Part so far as they have effect for the purposes of or in relation to those sections.

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93 Interpretation of Part III.

(1) In this Part— “connection notice” shall be construed in accordance with section 45(8) above; “consumer”, in relation to a supply of water provided by a water undertaker to any premises, means (except in Chapter IV) 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; “food production purposes” means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises; “necessary works” includes works carried out, in exercise of any power conferred by or under any enactment, by a person other than a water undertaker; “private supply” means, subject to subsection (2) below, a supply of water provided otherwise than by a water undertaker or by a water supply licensee in accordance with Chapter 1A of Part 2 of this Act (including a supply provided for the purposes of the bottling of water), and cognate expressions shall be construed accordingly; “private supply notice” shall be construed in accordance with section 80(7) above; “water fittings” includes pipes (other than water mains), taps, cocks, valves, ferrules, meters, cisterns, baths, water closets, soil pans and other similar apparatus used in connection with the supply and use of water; “wholesome” and cognate expressions shall be construed subject to the provisions of any regulations made under section 67 above. (2) For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere. (3) For the purposes of this Part a service pipe shall be treated as connected with a water main other than a trunk main even if the connection is an indirect connection made by virtue of a connection with another service pipe. (4) The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises.

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93A Duty to promote the efficient use of water.

(1) It shall be the duty of every water undertaker or water supply licensee to promote the efficient use of water by that person's customers. (2) The duty of a water undertaker or water supply licensee under this section shall be enforceable under section 18 above— (a) by the Secretary of State; or (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority. (3) Nothing in this Part shall have effect to authorise or require a water undertaker or water supply licensee to impose any requirement on any of that person's customers or potential customers.

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93B Power of Authority to impose requirements on water undertakers.

(1) The Authority may require a water undertaker or water supply licensee, in the performance of that undertaker's or licensee's duty under section 93A above, to— (a) take any such action; or (b) achieve any such overall standards of performance, as it may specify in the document imposing the requirement. (2) Where the Authority, in the document imposing a requirement on a water undertaker or water supply licensee under subsection (1) above, stipulates that any contravention of the requirement by the undertaker or licensee will be a breach of the undertaker's or licensee's duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty. (3) Without prejudice to the generality of subsection (1) above, a requirement under that subsection may— (a) require a water undertaker or water supply licensee to make available to that person's customers or potential customers such facilities as may be specified in the document imposing the requirement; (b) require a water undertaker or water supply licensee to provide or make available to that person's customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available. (4) In exercising its powers under this section in relation to any water undertaker or water supply licensee the Authority shall have regard to the extent to which water resources are available to that undertaker or licensee. (5) Before imposing any requirement on a water undertaker or water supply licensee under subsection (1) above the Authority shall consult that undertaker or licensee. (6) Nothing in this section authorises the Authority to impose any requirement on a water undertaker or water supply licensee which has or may have the effect of authorising or requiring that undertaker or licensee to impose any requirement on any of that person's customers or potential customers.

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93C Publicity of requirements imposed under section 93B.

(1) Where, under section 93B(1) above, the Authority imposes any requirement on a water undertaker or water supply licensee, the Authority may arrange for that requirement to be publicised in any such manner as he may consider appropriate for the purpose of bringing it to the attention of that undertaker’s or licensee's customers. (2) Without prejudice to the generality of subsection (1) above, the Authority may arrange for such publicising of the requirement as is mentioned in that subsection by— (a) itself publicising the requirement or causing it to be publicised; or (b) directing the undertaker or licensee to inform or arrange to inform its customers of the requirement.

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93D Information as to compliance with requirements under section 93B.

(1) Where a water undertaker or water supply licensee is subject to any requirement imposed under section 93B(1) above, the Authority may arrange for there to be given to the customers of that undertaker or licensee at any such times or with such frequency, and in any such manner, as it may consider appropriate, such information about the level of performance achieved by the undertaker or licensee in relation to that requirement as appears to the Authority to be expedient to be given to those customers. (2) Without prejudice to the generality of subsection (1) above, the Authority may arrange for such giving of information as is mentioned in that subsection by— (a) itself disseminating the information or causing it to be disseminated; or (b) directing the undertaker or licensee to give or arrange to give the information to its customers. (3) At such times and in such form or manner as the Authority may direct, a water undertaker or water supply licensee shall provide the Authority with such information as may be specified in the direction in connection with the undertaker’s or licensee's performance in relation to any requirement imposed upon the undertaker or licensee under section 93B(1) above. (4) A water undertaker or water supply licensee who fails without reasonable excuse to do anything required of him by virtue of subsection (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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94 General duty to provide sewerage system.

(1) It shall be the duty of every sewerage undertaker— (a) to provide, improve and extend such a system of public sewers (whether inside its area or elsewhere) and so to cleanse and maintain those sewers and any lateral drains which belong to or vest in the undertaker as to ensure that that area is and continues to be effectually drained; and (b) to make provision for the emptying of those sewers and such further provision (whether inside its area or elsewhere) as is necessary from time to time for effectually dealing, by means of sewage disposal works or otherwise, with the contents of those sewers. (2) It shall be the duty of a sewerage undertaker in performing its duty under subsection (1) above to have regard— (a) to its existing and likely future obligations to allow for the discharge of trade effluent into its public sewers; and (b) to the need to provide for the disposal of trade effluent which is so discharged. (3) The duty of a sewerage undertaker under subsection (1) above shall be enforceable under section 18 above— (a) by the Secretary of State; or (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority. (4) The obligations imposed on a sewerage undertaker by the following Chapters of this Part, and the remedies available in respect of contraventions of those obligations, shall be in addition to any duty imposed or remedy available by virtue of any provision of this section or section 95 below and shall not be in any way qualified by any such provision. (5) In this section “trade effluent” has the same meaning as in Chapter III of this Part.

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94A Drainage and sewerage management plans: preparation and review

(1) Each sewerage undertaker must prepare, publish and maintain a drainage and sewerage management plan. (2) A drainage and sewerage management plan is a plan for how the sewerage undertaker will manage and develop its drainage system and sewerage system so as to be able, and continue to be able, to meet its obligations under this Part. (3) A drainage and sewerage management plan must address in particular— (a) the capacity of the undertaker’s drainage system and sewerage system, (b) an assessment of the current and future demands on the undertaker’s drainage system and sewerage system, (c) the resilience of the undertaker’s drainage system and sewerage system, (d) the measures the undertaker intends to take or continue for the purpose in subsection (2), (e) the likely sequence and timing for implementing those measures, (ea) the use that is to be made of nature-based solutions, technologies and facilities within the undertaker’s drainage system and sewerage system, (f) relevant environmental risks and how those risks are to be mitigated, and (g) any other matters specified by the Minister in directions. (4) Section 94C contains provision about the preparation and publication of a drainage and sewerage management plan (including a revised plan). (5) Before each anniversary of the date when its plan (or revised plan) was last published, the sewerage undertaker must— (a) review its plan, and (b) send a statement of the conclusions of its review to the Minister. (6) The sewerage undertaker must prepare and publish a revised plan in each of the following cases— (a) following conclusion of its annual review, if the review indicated a material change of circumstances; (b) if directed to do so by the Minister; (c) in any event, not later than the end of the period of 5 years beginning with the date when the plan (or the revised plan) was last published. (7) The Minister may give directions specifying— (a) the form which a drainage and sewerage management plan must take; (b) the planning period to which a drainage and sewerage management plan must relate. (8) The duties of a sewerage undertaker under this section are enforceable by the Minister under section 18. (9) In this section references— (a) to a drainage system of a sewerage undertaker, are to any drainage system (within the meaning of section 114A) maintained or operated by the sewerage undertaker which is not part of its sewerage system; (b) to the sewerage system of a sewerage undertaker, have the same meaning as in Chapter 1A of Part 2 (see section 17BA(7)). (10) In this section “the Minister” means— (a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.

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94B Drainage and sewerage management plans: power to amend period

(1) The Minister may by order made by statutory instrument amend the period for the time being specified in section 94A(6)(c). (2) In subsection (1) “the Minister” means— (a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. (3) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of an order made by the Secretary of State; (b) Senedd Cymru, in the case of an order made by the Welsh Ministers. (4) Subsection (5) applies in relation to a statutory instrument containing both— (a) an order made by the Secretary of State under subsection (1), and (b) an order made by the Welsh Ministers under subsection (1). (5) If in accordance with subsection (3)(a) or (b) (negative resolution procedure)— (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or (b) Senedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled, the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument.

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94C Drainage and sewerage management plans: regulations about procedure

(1) The Minister may by regulations make provision about the procedure for preparing and publishing a drainage and sewerage management plan (including a revised plan). (2) The regulations may provide for the sharing of information and, in particular, may require a sewerage licensee to share such information with a sewerage undertaker as may be reasonably requested. (3) The regulations may make provision about consultation to be carried out by sewerage undertakers, including provision about— (a) the persons to be consulted, (b) the frequency and timing of any consultation, and (c) the publication of statements relating to any consultation. (4) The regulations may make provision about the preparation and circulation of draft plans, including provision for the Minister to require changes to a draft plan. (5) The regulations may make provision for the purposes of ensuring that persons likely to be affected by the plan have a reasonable opportunity to make representations to the Minister. (6) The regulations may make provision about how representations (and any comments on them by the sewerage undertaker) are to be dealt with, including provision for— (a) the Minister to cause an inquiry or other hearing to be held in connection with the plan, and (b) section 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) to apply to such an inquiry or hearing (with or without modifications). (7) The regulations may make provision about commercially confidential information and its publication. (8) The regulations may confer on the Minister power to make provision by directions. (9) In this section “the Minister” means— (a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.

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94D Regulations under section 94C: supplementary

(1) Regulations under section 94C are to be made by statutory instrument. (2) A statutory instrument containing regulations under section 94C is subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of regulations made by the Secretary of State, and (b) Senedd Cymru, in the case of regulations made by the Welsh Ministers. (3) Subsection (4) applies in relation to a statutory instrument containing both— (a) regulations made by the Secretary of State under section 94C, and (b) regulations made by the Welsh Ministers under section 94C. (4) If in accordance with subsection (2)(a) or (b) (negative resolution procedure)— (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or (b) Senedd Cymru resolves that an instrument containing regulations made by the Welsh Ministers be annulled, the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument. (5) Section 213(2) to (2B) applies to regulations made by the Welsh Ministers under section 94C as it applies to regulations made by the Secretary of State.

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94E Drainage and sewerage management plans: directions

(1) In this section “directions” means directions given under— (a) section 94A, or (b) regulations under section 94C. (2) Directions are to be given by an instrument in writing. (3) Directions may be— (a) general directions applying to all sewerage undertakers, or (b) directions applying only to one or more sewerage undertakers specified in the directions. (4) Each sewerage undertaker to whom a direction applies must comply with the direction. (5) The duties of a sewerage undertaker under this section are enforceable under section 18 by— (a) the Secretary of State, in the case of directions given by the Secretary of State, and (b) the Welsh Ministers, in the case of directions given by the Welsh Ministers.

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95 Standards of performance in connection with provision of sewerage services.

(1) For the purpose- (a) of facilitating the determination of the extent to which breaches of the obligations imposed by virtue of the following provisions of this Part are to amount to breaches of the duty imposed by section 94 above; or (b) of supplementing that duty by establishing overall standards of performance in relation to the provision of sewerage services by any sewerage undertaker, the Secretary of State may, in accordance with section 96 below, by regulations provide for contraventions of such requirements as may be prescribed to be treated for the purposes of this Act as breaches of that duty. (2) The Secretary of State may, in accordance with section 96 below, by regulations prescribe such standards of performance in connection with the provision of sewerage services as, in his opinion, ought to be achieved in individual cases. (3) Regulations under subsection (2) above may provide that, if a sewerage undertaker fails to meet a prescribed standard, it shall pay such amount as may be prescribed to any person who is affected by the failure and is of a prescribed description. (4) Without prejudice to the generality of the power conferred by subsection (2) above, regulations under that subsection may— (a) include in a standard of performance a requirement for a sewerage undertaker, in prescribed circumstances, to inform a person of his rights by virtue of any such regulations; (b) provide for any dispute under the regulations to be referred by either party to the dispute to the Authority; (c) make provision for the procedure to be followed in connection with any such reference and for the Authority's determination on such a reference to be enforceable in such manner as may be prescribed; (d) prescribe circumstances in which a sewerage undertaker is to be exempted from requirements of the regulations. (5) Where the Authority determines any dispute in accordance with regulations under this section it shall, in such manner as may be specified in the regulations, give its reasons for reaching its decision with respect to the dispute.

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95ZA Standards of performance in connection with provision of sewerage services: sewerage licensees

(1) For the purpose of establishing overall standards of performance in connection with the provision of sewerage services by sewerage licensees in accordance with their retail authorisations, the Secretary of State may, in accordance with section 96ZA, by regulations— (a) impose requirements in connection with the provision of sewerage services; (b) provide for a requirement so imposed to be enforceable under section 18 by— (i) the Secretary of State, or (ii) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State. (2) The Secretary of State may, in accordance with section 96ZA, by regulations prescribe such standards of performance in connection with the provision of sewerage services as, in the Secretary of State's opinion, ought to be achieved in individual cases. (3) Regulations under subsection (2) may provide that if a sewerage licensee fails to meet a prescribed standard the licensee must pay such amount as may be prescribed to any person who— (a) is affected by the failure, and (b) is of a prescribed description. (4) Without prejudice to the generality of the power conferred by subsection (2), regulations under subsection (2) may— (a) include in a standard of performance a requirement for a sewerage licensee, in prescribed circumstances, to inform a person of that person's rights by virtue of any such regulations; (b) provide for a dispute under the regulations to be referred by either party to the dispute to the Authority; (c) make provision for the procedure to be followed in connection with any such reference and for the Authority's determination on such a reference to be enforceable in such manner as may be prescribed; (d) prescribe circumstances in which a sewerage licensee is to be exempted from requirements of the regulations. (5) Where the Authority determines any dispute in accordance with regulations under this section it must, in such manner as may be specified in the regulations, give its reasons for reaching its decision with respect to the dispute.

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95A Information with respect to levels of performance.

(1) The Authority shall from time to time collect information with respect to— (a) the compensation paid by sewerage undertakers under regulations under section 95(2) above; ... (aa) the compensation paid by sewerage licensees under regulations under section 95ZA(2); and (b) the levels of overall performance achieved by sewerage undertakers or sewerage licensees in connection with the provision of sewerage services. (2) At such times as the Authority may direct, each sewerage undertaker shall give the following information to the Authority — (a) as respects each standard prescribed by regulations under section 95(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; and (b) as respects each standard established by regulations under section 95(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified. (2A) At such times as the Authority may direct, each sewerage licensee is to give the following information to the Authority— (a) as respects each standard established by regulations under section 95ZA(1), such information with respect to the level of performance achieved by the licensee as may be specified in the direction; (b) as respects each standard prescribed by regulations under section 95ZA(2), the number of cases in which compensation was paid and the aggregate amount or value of that compensation. (3) The requirements in subsections (2) and (2A) are enforceable by the Authority under section 18. (4) The Authority shall, at least once in every year, arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or given to him under this section as it may appear to him expedient to give to customers or potential customers of sewerage undertakers or sewerage licensees. (5) In arranging for the publication of any such information the Authority shall have regard to the need for excluding, so far as practicable— (a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual; and (b) any matter which relates specifically to the affairs of a particular body of persons, whether 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 body.

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95B Publication of statistical information about complaints

(1) It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate relating to complaints made by consumers about any matter relating to the activities of sewerage undertakers or sewerage licensees and the handling of such complaints. (2) In subsection (1) above, “complaints” includes complaints made directly to sewerage undertakers or sewerage licensees (or anyone carrying on activities on their behalf) and complaints to the Authority, the Council, the Assembly or the Secretary of State.

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