Search Legislation

Water Industry Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 89

 Help about opening options

Changes to legislation:

Water Industry Act 1991, Section 89 is up to date with all changes known to be in force on or before 17 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F289Consultation F1... E+W

(1)Before taking any step mentioned in subsection (2) below, [F3a relevant authority] shall—

(a)consult and ascertain opinion in accordance with regulations made by [F4that authority]; and

(b)comply with the requirements set out in regulations made by [F5that 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 [F6the 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 [F7a relevant authority] to take the step mentioned in subsection (2)(c) above if [F8that authority so directs] by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).

(5)[F9In 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.]]

Textual Amendments

F1Word in s. 89 heading omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(5)(a), 186(6); S.I. 2022/1003, reg. 3(a)

F2S. 89 substituted (18.2.2005 for E. for specified purposes, 1.8.2008 for E. for further specified purposes and 25.2.2009 for E. insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(5), 105(3); S.I. 2005/344, art. 2; S.I. 2008/1922, art. 2(b)(c); S.I. 2009/359, arts. 2(c) (with saving in art. 3, Sch.)

F9S. 89(5) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(13)(f), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1Pt. 3 Ch. 4 modified (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 37(1), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?