(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.
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.
(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.
(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.
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.
(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.
(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.
(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.
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).
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.
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.
(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.
(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.
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.
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.
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.
(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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.