43 Connections with water mains and communications with sewers.
(1) In section 45 of the Water Industry Act 1991 (which imposes on a water undertaker a duty to make a connection with one of its water mains where the premises for which a supply of water is required are in the undertaker’s area), the words “in the undertaker’s area” shall cease to have effect.
(2) In section 106 of the Act of 1991 (which gives the owner or occupier of any premises in the area of a sewerage undertaker a right to have his drains or sewer communicate with the public sewers of that undertaker), the following subsection shall be substituted for subsection (1)—
(1) Subject to the provisions of this section—
(a) the owner or occupier of any premises, or
(b) the owner of any private sewer which drains premises,
shall be entitled to have his drains or sewer communicate with the public sewer of any sewerage undertaker and thereby to discharge foul water and surface water from those premises or that private sewer.
The following sections shall be substituted for section 40 of the Water Industry Act 1991 (bulk supplies of water)—
Bulk supplies.
40 (1) Where, on the application of any qualifying person—
(a) it appears to the Director that it is necessary or expedient for the purposes of securing the efficient use of water resources, or the efficient supply of water, that the water undertaker specified in the application (“the supplier”) should give a supply of water in bulk to the applicant, and
(b) the Director is satisfied that the giving and taking of such a supply cannot be secured by agreement,
the Director may by order require the supplier to give and the applicant to take such a supply for such period and on such terms and conditions as may be provided in the order.
(2) In this section “qualifying person” means—
(a) a water undertaker; or
(b) a person who has made an application for an appointment or variation under section 8 above which has not been determined.
(3) Where the application is made by a person who is a qualifying person by virtue of subsection (2)(b) above, an order made under this section in response to that application shall be expressed not to come into force until the applicant becomes a water undertaker for the area specified in the order, or for an area which includes that area.
(4) Subject to subsection (3) above, an order under this section shall have effect as an agreement between the supplier and the applicant.
(5) The Director shall not make an order under this section unless he has first consulted the NRA.
(6) In exercising his functions under this section, the Director shall have regard to the desirability of—
(a) facilitating effective competition within the water supply industry;
(b) the supplier’s recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;
(c) the supplier’s being able to meet its existing obligations, and likely future obligations, to supply water without having to incur unreasonable expenditure in carrying out works;
(d) not putting at risk the ability of the supplier to meet its existing obligations, or likely future obligations, to supply water.
Variation and termination of bulk supply agreements.
40A (1) This section applies where, on the application of any party to a bulk supply agreement—
(a) it appears to the Director that it is necessary or expedient for the purpose of securing the efficient use of water resources, or the efficient supply of water, to vary the agreement or to terminate it, and
(b) the Director is satisfied that that cannot be achieved by agreement between the parties to the agreement.
(2) The Director may by order—
(a) vary the agreement by—
(i) varying the period for which the supply of water is to be given; or
(ii) varying any of the terms or conditions on which that supply is to be given; or
(b) terminate the agreement.
(3) Before making any order under this section the Director shall consult the NRA.
(4) Where an order is made under this section the agreement concerned shall have effect subject to the provision made by the order or (as the case may be) shall cease to have effect.
(5) An order under this section may require the payment of compensation by any party to the agreement to any other party.
(6) The obligations of a water undertaker under subsection (5) above shall be enforceable under section 18 above by the Director.
(7) In exercising his functions under this section, the Director shall have regard to the expenses incurred by the supplier in complying with its obligations under the bulk supply agreement and to the desirability of—
(a) facilitating effective competition within the water supply industry;
(b) the supplier’s recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;
(c) the supplier’s being able to meet its existing obligations, and likely future obligations, to supply water without having to incur unreasonable expenditure in carrying out works;
(d) not putting at risk the ability of the supplier to meet its existing obligations, or likely future obligations, to supply water.
(8) In this section—
“bulk supply agreement” means an agreement between one or more water undertakers for the supply of water in bulk and includes—
an order under section 40 above which is deemed to be an agreement by virtue of subsection (4) of that section; and
any agreement which has been varied by order under this section; and
“supplier”, in relation to a bulk supply agreement, means any water undertaker which is required by the agreement to provide a bulk supply of water.
The following section shall be inserted in the Water Industry Act 1991 after section 110—
New connections with public sewers.
110A (1) Where, on the application of any qualifying person—
(a) it appears to the Director that it is necessary or expedient for the purposes of this Part that the sewerage undertaker specified in the application (“the established undertaker”) should permit a main connection into his sewerage system, and
(b) the Director is satisfied that the making of such a connection cannot be secured by agreement,
the Director may by order require the established undertaker to allow the connection for such period and on such terms and conditions as may be provided in the order.
(2) In this section “qualifying person” means—
(a) a sewerage undertaker; or
(b) a person who has made an application for an appointment or variation under section 8 above which has not been determined.
(3) In subsection (1) above a “main connection” means a connection—
(a) between a sewer or disposal main and a sewer or disposal main; or
(b) a connection which allows a sewer or disposal main to discharge directly into a sewage disposal works.
(4) Where the application is made by a person who is not a sewerage undertaker at the time when the application is made, an order made under this section in response to that application shall be expressed not to come into force until the applicant becomes a sewerage undertaker for the area specified in the order, or for an area which includes that area.
(5) Subject to subsection (4) above, an order under this section shall have effect as an agreement between the established undertaker and the applicant but may be varied or revoked by a subsequent order made by the Director on the application of either party to the agreement, as well as by agreement between the parties.
(6) The Director shall not make an order under this section unless he has first consulted the NRA.
(7) In exercising his functions under this section, the Director shall have regard to the desirability of—
(a) facilitating effective competition within the sewerage services industry;
(b) the existing undertaker’s recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;
(c) the existing undertaker’s being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;
(d) not putting at risk the ability of the existing undertaker to meet its existing obligations, or likely future obligations, to provide such services.
47 Pipe-laying by water or sewerage undertaker in area of another such undertaker.
In section 192 of the Water Industry Act 1991 (interpretation of Part VI of that Act), the following subsections shall be inserted after subsection (3)—
(3A) A relevant undertaker proposing to exercise any of its powers under section 158 or 159 above outside its own area shall, if subsection (3B) below applies, give notice of its proposal to the water undertaker or (as the case may be) sewerage undertaker for the area in question and, if that subsection applies, shall not carry out its proposal—
(a) without the consent of that other undertaker; or
(b) where that other undertaker refuses to give its consent, or fails to give its consent before the end of the period of 28 days beginning with the day on which it is notified of the proposal, without the consent of the Director.
(3B) This subsection applies where the proposal is to lay—
(a) a water main which is not intended to be—
(i) a trunk main; or
(ii) a water main used solely for the purpose of supplying water otherwise than for domestic purposes; or
(b) a sewer which is intended to be a public sewer but not a storm-water overflow sewer.
48 Compliance orders against public gas suppliers.
(1) Section 28 of the Gas Act 1986 (orders for securing compliance with certain provisions) shall be amended as follows.
(2) For the words “has contravened and is likely again”, in each place where they occur in subsections (1), (2) and (4), there shall be substituted “ is likely ”.
(3) In subsection (5), after “confirmation of the order” there shall be inserted—
“ (aa) that the public gas supplier has agreed to take and is taking all such steps as it appears to the Director for the time being to be appropriate for the supplier to take for the purpose of securing or facilitating compliance with the condition or requirement in question; ”.
51 Conditions for connections with water mains and for supplies of water.
(1) Section 47 of the Water Industry Act 1991 (conditions of connection with water main) shall be amended as set out in subsections (2) to (4).
(2) In subsection (2)(b)(ii), after “expenses” there shall be inserted “ reasonably ”.
(3) After subsection (2) there shall be inserted the following subsection—
(2A) No condition shall be imposed by a water undertaker under subsection (2)(e) above unless it is reasonable to do so in order to ensure that the undertaker will be able to perform its functions, in relation to the supply of water to the relevant premises or any part of those premises, efficiently.
(4) After subsection (3) there shall be inserted the following subsections—
(3A) Any dispute as to whether any requirement of a kind mentioned in subsection (2)(a), (b), (e) or (f) above has been complied with may be referred to the Director for determination under section 30A above by either party to the dispute.
(3B) Any dispute between a water undertaker and any other person as to whether—
(a) any security required by a condition imposed under subsection (2)(a) above was reasonably required,
(b) the expenses referred to in subsection (2)(b)(ii) above were incurred reasonably, or
(c) in a particular case, subsection (2A) above prevents a water undertaker from imposing a condition under subsection (2)(e) above,
may be referred to the Director for determination under section 30A above by either party to the dispute.
(5) In section 53 of the Act of 1991 (conditions of compliance with domestic supply duty), in subsection (2)(a)(ii), after “expenses” there shall be inserted “ reasonably ” and after subsection (2) there shall be inserted the following subsection—
(2A) Any dispute between a water undertaker and any other person as to whether the expenses referred to in subsection (2)(a)(ii) above were incurred reasonably may be referred to the Director for determination under section 30A above by either party to the dispute.
52 Water supply and sewerage services: powers to make regulations.
In section 213 of the Water Industry Act 1991 (powers to make regulations), the following subsections shall be inserted after subsection (2)—
(2A) Such regulations may include provision—
(a) for the determination of questions of fact or of law which may arise in giving effect to the regulations;
(b) for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions;
(c) as to the mode of proof of any matter;
(d) as to parties and their representation; and
(e) for the right to appear before and be heard by the Secretary of State, the Director and other authorities.
(2B) Any such regulations which prescribe a period within which things are to be done may provide for extending the period so prescribed.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The following subsection shall be inserted in section 148 of the Water Industry Act 1991 (restriction on charging for metering works), after subsection (1)—
(1A) References in subsection (1) above to expenses include references to expenses incurred in meeting the needs of a disabled person.
(3) The following subsection shall be inserted in section 148 of the Act of 1991, after subsection (4)—
(4A) Subsection (4) above is subject to any regulations made by virtue of section 149(2)(aa) below.
(4) In section 149(2) of the Act of 1991 (regulations about metering etc.), the following paragraph shall be inserted after paragraph (a)—
(aa) require a relevant undertaker who, for the purpose of meeting the needs of a disabled person—
(i) alters the position of any meter;
(ii) installs an additional meter; or
(iii) does any other work in connection with any meter,
to bear any expenses incurred by the undertaker in doing so;
.
(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of the provisions mentioned in subsection (2)—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) The provisions are—
(a) sections 20 to 25;
(b) paragraphs 11 to 16 of Schedule 1; and
(c) the entries in Schedule 2 relating to the Electricity Act 1989.
There shall be paid out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other Act.
(1) This Act may be cited as the Competition and Service (Utilities) Act 1992.
(2) Section 54 and subsections (1) to (5) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Secretary of State.
(3) Different dates may be appointed for different provisions of this Act and for different purposes.
(4) The following provisions of this Act do not extend to Scotland—
(a) sections 26 to 36;
(b) sections 39 to 47;
(c) sections 50 to 52;
(d) section 53(2) to (4); and
(e) Schedules 1 and 2, so far as they affect any enactment which does not extend to Scotland.
(5) The following provisions of this Act extend to Northern Ireland—
(a) sections 1 to 10, 49 and 54;
(b) subsections (1) to (4), this subsection and, so far as is necessary to give effect to paragraph (c), subsection (6); and
(c) Schedule 1, so far as it amends any enactment which extends to Northern Ireland.
(6) The minor and consequential amendments set out in Schedule 1 shall have effect.
(7) The repeals set out in Schedule 2 shall have effect.
Section 56(6).
The Telecommunications Act 1984 (c.12)
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 101 of the Act of 1984 (general restrictions on disclosure of information)—
(a) the following paragraph shall be inserted in subsection (2), after paragraph (b)—
“ (bb) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment; ” and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Gas Act 1986 (c.44)
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 38(1) of the Act of 1986 (power to require information etc.), for “or 31” there shall be substituted “ 31 or 33E ”.
8 In section 42 of the Act of 1986 (general restrictions on disclosure of information)—
(a) the following paragraph shall be inserted in subsection (2), after paragraph (c)—
“ (cc) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment; ” and
(b) in subsection (4)(a), after “section”, in the first place where it occurs, there shall be inserted “ 33C or ”.
9 (1) The amendments set out in sub-paragraphs (2) and (3) shall be made in section 47 of the Act of 1986 (general provisions as to regulations under Part I).
(2) In subsection (1)—
(a) in paragraph (c), for “and be heard of” there shall be substituted “ before and be heard by ”; and
(b) in paragraph (d), after “costs” there shall be inserted “ or expenses ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 In section 48(1) of the Act of 1986 (interpretation of Part I and savings), in the definition of “prescribed”, after “regulations”, there shall be inserted “ (except in section 33A above) ”.
The Electricity Act 1989 (c.29)
11 In section 23 of the Electricity Act 1989 (determination of disputes), the following subsection shall be inserted after subsection (1)—
(1A) Any person making an order under subsection (1) above shall include in the order his reasons for reaching his decision with respect to the dispute.
12 In section 25 of the Act of 1989 (orders for securing compliance), in the definition of “relevant requirement” in subsection (8), after “above” there shall be inserted “ or section 40(3), 41(3), 42A or 42B below ”.
13 In section 28(1) of the Act of 1989 (power to require information) after “above”, insert “ or 42B below ”.
14 In section 39 of the Act of 1989 (electricity supply: performance in individual cases), the following subsection shall be inserted after subsection (5)—
(5A) Any person making an order under subsection (5) above shall include in the order his reasons for reaching his decision with respect to the dispute.
15 In section 41 of the Act of 1989 (promotion of efficient use of electricity), the following subsections shall be added at the end—
(3) Each public electricity supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—
(a) the standards determined under this section which are applicable to that supplier; and
(b) that supplier’s level of performance as respects those standards.
16 In Schedule 7 to the Act of 1989 (use of electricity meters), the following shall be substituted for paragraph 1(2)—
(2) If the electricity supplier agrees, the meter may be provided by the customer; but otherwise it shall be provided by the electricity supplier (whether by way of sale, hire or loan).
(2A) A public electricity supplier may refuse to allow one of his customers to provide a meter only if there are reasonable grounds for his refusal.
The Water Industry Act 1991 (c.56)
17 In section 8 of the Water Industry Act 1991 (procedure with respect to appointments and variations)—
(a) in subsections (2)(a) and (4)(b) “ the NRA ” shall be inserted after “appointee”; and
(b) in subsection (5)(b) “ the NRA and on ” shall be inserted after “on”.
18 In section 38 of the Act of 1991 (standards of performance in connection with water supply) the following subsection shall be added at the end—
(5) Where the Director determines any dispute in accordance with regulations under this section he shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.
19 (1) The amendments set out in sub-paragraphs (2) and (3) shall be made in section 39(1) of the Act of 1991 (procedure for regulations about standards of performance in connection with water supply).
(2) For paragraph (b) there shall be substituted—
(b) the Secretary of State is satisfied that a copy of the application has been served by the Director—
(i) on every water undertaker specified in the application; and
(ii) on persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;
.
(3) In paragraph (c)(ii), after “undertaker” there shall be inserted “ or person or body on whom a copy of the application has been served under paragraph (b)(ii) above ”.
20 In section 52 of the Act of 1991 (the domestic supply duty), in subsection (3)(a) for “a water main” there shall be substituted “ one of the water undertaker’s water mains ”.
21 In section 64 of the Act of 1991 (supply of water by means of separate service pipes)—
(a) the words “within its area” shall be omitted from subsection (1); and
(b) in subsection (2), for the words “was provided to those houses before 15th April 1981 wholly or partly by the same service pipe and continues to be so provided” there shall be substituted “ is provided wholly or partly by the same service pipe ”.
22 In section 65(9) of the Act of 1991 (duties of undertakers as respects constancy and pressure), for “Secretary of State” there shall be substituted “ Director ”.
23 In section 79(6) of the Act of 1991 (local authority functions where piped supplies are insufficient or unwholesome), for “Secretary of State” there shall be substituted “ Director ”.
24 In section 95 of the Act of 1991 (standards of performance in connection with provision of sewerage services) the following subsection shall be added at the end—
(5) Where the Director determines any dispute in accordance with regulations under this section he shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.
25 (1) The amendments set out in sub-paragraphs (2) and (3) shall be made in section 96(1) of the Act of 1991 (procedure for regulations about standards of performance in connection with provision of sewerage services).
(2) For paragraph (b) there shall be substituted—
(b) the Secretary of State is satisfied that a copy of the application has been served by the Director—
(i) on every sewerage undertaker specified in the application; and
(ii) on persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;
.
(3) In paragraph (c)(ii), after “undertaker” there shall be inserted “ or person or body on whom a copy of the application has been served under paragraph (b)(ii) above ”.
26 In section 98(4) of the Act of 1991 (breach of duty of sewerage undertaker to provide public sewer) for “water” there shall be substituted “ sewerage ”.
27 In section 206(4)(a) of the Act of 1991 (restriction on disclosure of information), after “section” there shall be inserted “ 38A, 95A or ”.
28 In section 213(2) of the Act of 1991 (powers to make regulations), the following paragraph shall be inserted after paragraph (d)—
“ (dd) as to awarding costs or expenses of proceedings in any determination under the regulations, including the amount of the costs or expenses and the enforcement of the awards; ”.
29 In paragraph 1(3) of Schedule 12 to the Act of 1991 (disputes about compensation for street works etc. to go to arbitration) for “Secretary of State” there shall be substituted “ Director ”.
30 In paragraph 4(2) of that Schedule (disputes about compensation for sewerage works etc. to go to arbitration) for “Secretary of State” there shall be substituted “ Director ”.
31 In paragraph 4(3) of that Schedule (compensation claims)—
(a) for “£50” there shall be substituted “ £5,000 ”; and
(b) for the words from “on the application of” to the end there shall be substituted “ be referred to the Director for determination under section 30A of this Act by either party. ”
Section 56(7).
Chapter | Short title | Extent of repeal
1986 c.44. | The Gas Act 1986. | In section 7(7)(a), the words “relating to the supply of gas, or requiring information to be furnished to the Director or published”.
Section 19(8).
1989 c.29. | The Electricity Act 1989. | In section 23(2), the words “to continue”, in both places.
In section 39(1), the word “and” immediately before paragraph (b).
In section 40(1), the words from “after” to “affected”.
1991 c.56. | The Water Industry Act 1991. | Section 35(3).
In section 36(3), paragraphs (a)(ii) and (b)(ii).
In section 45(1), the words “in the undertaker’s area”.
In section 52(2), the words “and which are situated in the area of the undertaker”.
In section 64(1), the words “within its area”.
Section 106(7).
Section 113(5).
In Schedule 12, paragraph 4(4).