Sch. 7 para. 2 in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(e)(i)
Sch. 7 para. 89(a) in force at 1.4.2018 by S.I. 2017/462, art. 5(e)(iv)(aa) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))
Sch. 7 para. 89(b) in force at 1.4.2018 for specified purposes by S.I. 2017/462, art. 5(e)(iv)(bb) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))
Sch. 7 para. 97 in force at 1.1.2015 by S.I. 2014/3320, art. 2(2)(e)(ii)
Sch. 7 para. 120(1) in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(e)(iii)
Sch. 7 para. 120(2)(b) in force at 1.1.2015 by S.I. 2014/3320, art. 2(2)(e)(iv)
Sch. 7 para. 120(3) in force at 1.1.2015 for specified purposes by S.I. 2014/3320, art. 2(2)(e)(v)
Section 56
Section 174 of the Water Act 1989 (general restrictions on disclosure of information) is amended as follows.
In subsection (2)(b)—
In subsection (6)(a)—
The Water Industry Act 1991 is amended as follows.
Section 2 (general duties with respect to water industry) is amended as follows.
In subsection (2C)—
the “and” after paragraph (d) is repealed;
customers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are below the consumption threshold and in the area of a relevant undertaker whose area is wholly or mainly in Wales,
In subsection (5A), in the definition of “the interests of consumers”—
In subsection (6)—
Part 2 of this Act (except section 27A and Schedule 3A), any of sections 37A to 38, 38ZA, 39, 39ZA, 39B to 39D, 40E to 40J, 42, 51CD to 51CG, 63AC to 63AF, 66B, 66CA to 66H, 66K, 66L, 66O(2), 95, 95ZA, 96, 96ZA, 99, 105ZF to 105ZI, 110F to 110J, 110L to 110O, 117E to 117O, 117R, 117S, 143B to 143E, 144ZA to 144ZF, 153, 181, 182, 185, 192A, 192B, 195, 195A and 201 to 203 below, and any of sections 42 to 54 of the Water Act 2014.
paragraphs (b) and (c) are repealed.
Section 10 (transitional provision with respect to replacement appointments) is amended as follows.
To the extent that charging rules issued under section 144ZA relate to charges imposed or security required by a relevant undertaker under section 185, those rules are to apply in relation to the new undertaker as if the appointment or variation had come into force.
In section 12 (determinations under conditions of appointment)—
Section 17B (provision supplementary to section 17A) is amended as follows.
Subsections (1) to (4) (provision as to guidance on extent of premises) are repealed.
Subsection (9) (references to a licensed water supplier) is repealed.
Section 17D (the threshold requirement) is amended as follows.
In subsection (1) (purpose of section 17D)—
In subsection (3) (guidance on making estimate)—
Subsection (5) (duty of Secretary of State to consult the National Assembly for Wales before issuing guidance) is repealed.
Subsection (6) (application of guidance provision to threshold requirement) is repealed.
In subsection (7) (regulations as to entering into an undertaking to supply water)—
the words “(subject to subsection (12) below)” are repealed.
In subsection (8) (regulations to alter the threshold)—
the words “(subject to subsection (12) below)” are repealed.
In subsection (11) (consultation before making regulations)—
Subsections (12) and (13) (exercise of powers by Welsh Ministers) are repealed.
The Authority must publish guidance issued from time to time under— section 17D(3), paragraph 10 of Schedule 2A, or paragraph 4 of Schedule 2B, in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
Section 17E (determinations by the Authority) is amended as follows.
The Authority may determine, in a case referred to it by— a water supply licensee or a potential customer of a water supply licensee, or a sewerage licensee or a potential customer of a sewerage licensee, whether a proposed supply of water to, or proposed sewerage services for, the customer would be in accordance with what is authorised by the licensee's licence.
In subsection (2)—
the extent of the premises to be served for the purposes of paragraph 2 of Schedule 2B;
Section 17F (procedure for granting water supply licences) is amended as follows.
In subsection (4)—
the words “the Secretary of State or” are repealed;
the words “he or”, in each place they occur, are repealed.
In subsection (7)—
the words “the Secretary of State or” are repealed;
on each water supply licensee and sewerage licensee (other than the holder of the licence in question);
paragraph (h) is repealed;
in paragraph (i), the words “if the licence or variation is granted by the Authority,” are repealed.
In subsection (8), the words “by the Secretary of State or” are repealed.
Section 17G (water supply licence conditions) is amended as follows.
In subsection (1) (conditions to be included)—
in paragraph (a), the words “the Secretary of State or, as the case may be,” are repealed;
in paragraph (a), the words “him or” are repealed;
Conditions may be included by virtue of subsection (1)(a) in a sewerage licence whether or not they are connected with— effectual dealing with the contents of sewers, or the use of the sewerage system of a sewerage undertaker.
In subsection (4) (persons who may give directions etc), in paragraph (a)(iii), at the beginning there is inserted “so far as subsection (3) applies to water supply licences,”.
Section 17H (standard conditions of water supply licences) is amended as follows.
The Secretary of State may determine the conditions that are to be the standard conditions of water supply licences granted by the Authority. Before determining the standard conditions, the Secretary of State must consult the Welsh Ministers as regards conditions relating to a restricted retail authorisation or a supplementary authorisation. The Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate. The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate. The power to determine standard conditions in relation to water supply licences giving a particular authorisation or a particular combination of authorisations may be exercised only before the grant of the first licence to give that authorisation or that particular combination of authorisations (but this is without prejudice to the power to modify standard conditions in accordance with the provisions of this Chapter).
In subsection (6) (power to exclude or modify standard conditions in a particular case)—
the words “the Secretary of State or” are repealed;
the words “he or” are repealed.
In subsection (7) (steps before exercising power in subsection (6))—
the words “the Secretary of State or” are repealed;
in paragraph (a), the words “he or” are repealed;
in paragraph (b), the words “he or” are repealed.
In subsection (8) (publication of notice of intention to modify standard conditions)—
in paragraph (a), the words “the Secretary of State or (as the case may be)” are repealed;
if the notice relates to a water supply licence giving a restricted retail authorisation or a restricted retail authorisation and a supplementary authorisation, on the Welsh Ministers;
paragraph (b)(iii) is repealed;
in paragraph (b)(iv), the words “if the notice is published by the Authority,” are repealed;
on the Water Industry Commission for Scotland.
In subsection (10) (power under subsection (6) not to be exercised in certain circumstances)—
the words “Secretary of State or the” are repealed;
the words “he or” are repealed.
The Secretary of State may determine the conditions that are to be the standard conditions of sewerage licences granted by the Authority. The Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate. The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate. The power to determine standard conditions in relation to sewerage licences giving a particular authorisation or a particular combination of authorisations may be exercised only before the grant of the first licence to give that authorisation or that particular combination of authorisations (but this is without prejudice to the power to modify standard conditions in accordance with the provisions of this Chapter). The standard conditions for the purposes of sewerage licences giving any particular authorisation or combination of authorisations may contain provision— for any standard condition included in a licence of that description not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions; for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; and for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined. Subject to subsection (7), each condition which is a standard condition is to be incorporated by reference in each sewerage licence (or in each such licence to which the standard condition applies). Subject to the following provisions of this section, the Authority may, in granting a licence, exclude or modify any of the standard conditions to such extent as the Authority considers requisite to meet the circumstances of a particular case. Before excluding any standard conditions or making any modifications under subsection (7), the Authority must give notice— stating that the Authority proposes to exclude the conditions or make the modifications and setting out the effect of so doing; stating the reasons why the Authority proposes to exclude the conditions or make the modifications; and specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed exclusions or modifications may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. A notice under subsection (8) must be given— by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the exclusions or modifications; and by serving a copy of the notice— on the Secretary of State; on the Environment Agency; on the NRBW; on the Water Industry Commission for Scotland. If, within the time specified in the notice under subsection (8), the Secretary of State directs the Authority not to exclude or modify any standard condition, the Authority must comply with the direction. The Authority may not exclude any conditions, or make any modifications, under subsection (7) unless the Authority is of the opinion that the exclusions or modifications are such that— the licence holder would not be unduly disadvantaged in competing with other holders of sewerage licences; and no other holder of a sewerage licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being granted). The modification under subsection (7) of part of a standard condition is not to prevent any other part of the condition from continuing to be treated as a standard condition for the purposes of this Chapter.
Section 17I (modification of licences by agreement) is amended as follows.
a particular water supply licence, or a particular sewerage licence.
In subsection (2)(b) (modification not to cause undue disadvantage)—
In subsection (4)(b) (persons to be served with notice of proposed modifications), in sub-paragraph (iv), at the beginning there is inserted “if the notice relates to a water supply licence,”.
In subsection (5) (direction not to modify a condition), the words “(after consulting the Assembly)” are repealed.
The Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.
Section 17J (general modification of standard conditions) is amended as follows.
the standard conditions of water supply licences, or the standard conditions of sewerage licences.
Modifications may relate to— standard conditions contained in all water supply licences or sewerage licences, or standard conditions contained in those water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations.
In subsection (2) (power to make incidental and consequential modifications)—
In subsection (4)(b) (persons to be served with notice of proposed modifications), in sub-paragraph (iv), at the beginning there is inserted “if the notice relates to a water supply licence,”.
In subsection (5) (direction not to modify a standard condition), the words “(after consulting the Assembly)” are repealed.
The Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.
In subsection (12) (changed standard conditions to be used in new licences)—
Where the Authority modifies the standard conditions of water supply licences or sewerage licences that grant particular authorisations or combinations of authorisations, paragraph (a) has effect only as regards licences granting the same authorisations or combinations of authorisations.
Section 17K (references to competition authority in relation to the modification of licences) is amended as follows.
In subsection (5)(b) (persons to be served with copy of reference or variation), in sub-paragraph (iv), at the beginning there is inserted “in a case relating to a water supply licence or licences,”.
Section 17N (reports on modification references) is amended as follows.
In subsection (10)(a) (persons to be served with report relating to a particular licence), in sub-paragraph (iv), at the beginning there is inserted “if the report relates to a water supply licence,”.
In subsection (11)(a) (persons to be served with report relating to a standard condition), in sub-paragraph (ii), at the beginning there is inserted “if the report relates to water supply licences,”.
Section 17O (modification of licences following report) is amended as follows.
the standard conditions of water supply licences or sewerage licences, or the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,
In subsection (5)(c)(iii), at the beginning there is inserted “in a case relating to a water supply licence or licences,”.
In subsection (10) (changed standard conditions to be used in new licences)—
Where the Authority modifies the standard conditions of water supply licences or sewerage licences that grant particular authorisations or combinations of authorisations, paragraph (a) has effect only as regards licences granting the same authorisations or combinations of authorisations.
Section 17P (competition authority's power of veto following report) is amended as follows.
In subsection (7)(b) (persons to be served with notice of modifications proposed), in sub-paragraph (v), at the beginning there is inserted “if the reference relates to water supply licences,”.
the standard conditions of water supply licences or sewerage licences, or the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,
In subsection (11) (changed standard conditions to be used in new licences)—
Where the Authority modifies the standard conditions of water supply licences or sewerage licences that grant particular authorisations or combinations of authorisations, paragraph (a) has effect only as regards licences granting the same authorisations or combinations of authorisations.
Section 17R (modification of licences by order under other enactments) is amended as follows.
the conditions of a particular water supply or sewerage licence, the standard conditions of water supply licences or sewerage licences, or the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,
In subsection (2) (identification of orders under the Enterprise Act 2002)—
In subsection (4) (changed standard conditions to be included in new licences and power to make incidental and consequential modifications of existing licences)—
Section 18 (orders for securing compliance with certain provisions) is amended as follows.
In subsection (1)—
in paragraph (a)(i), after “appointment or” there is inserted “the person's”;
In subsection (1A)—
Section 21 (validity of enforcement orders) is amended as follows.
In subsection (1)—
In section 22 (effect of enforcement order), in subsection (3)—
Section 22A (penalties) is amended as follows.
In subsection (1)—
In subsection (2)—
In subsection (6)—
In subsection (7)—
the words “on it” are repealed.
10% of the turnover of the company, or in a case where the person on whom the penalty is imposed is not a company, 10% of the turnover of the business of the person, (determined
Section 22C (time limits on the imposition of financial penalties) is amended as follows.
In subsection (1)—
In subsection (2), in the opening words—
Section 22E (appeals) is amended as follows.
Section 23 (meaning and effect of special administration orders) is amended as follows.
In subsection (2A)—
The purposes of a special administration order made in relation to a company which is a qualifying sewerage licensee must be— the transfer to another company or companies, as a going concern, of so much of the company's undertaking as it is necessary to transfer in order to secure that the activities relating to the removal or removals of matter mentioned in subsection (9) may be properly carried on, and the carrying on of those activities pending the making of the transfer.
In subsection (2B)(b)—
a company carries on activities relating to— the introduction or introductions of water mentioned in subsection (7) formerly carried on by another company; or the removal or removals of matter mentioned in subsection (9) formerly carried on by another company,
In subsection (6)—
it is the holder of a water supply licence giving it a wholesale or supplementary authorisation (within the meaning of Chapter 1A of this Part), and the condition in subsection (7) is satisfied in relation to it.
The condition in this subsection is that— the introduction of water by the licence holder which is permitted under section 66B or 66C is designated as a strategic supply under section 66G, or the introductions of water by the licence holder which are permitted under section 66B or 66C are designated as a collective strategic supply under section 66H.
For the purposes of this section, sections 24 to 26 and Schedule 2, a sewerage licensee is a qualifying sewerage licensee if— it is the holder of a sewerage licence giving it a wholesale or disposal authorisation (within the meaning of Chapter 1A of this Part), and the condition in subsection (9) is satisfied in relation to it. The condition in this subsection is that— the removal of matter by the licence holder which is permitted under section 117C or 117D is designated as strategic sewerage provision under section 117N, or the removals of matter by the licence holder which are permitted under section 117C or 117D are designated as collective strategic sewerage provision under section 117O.
Section 24 (special administration orders made on special petitions) is amended as follows.
In subsection (1A)—
in paragraphs (a) and (b), the words “(after consulting the Assembly)” are repealed;
in paragraph (b), before “the Authority” there is inserted “by”;
Before presenting a petition under subsection (1A) in relation to a qualifying water supply licensee whose licence gives it a supplementary authorisation, the Secretary of State or the Authority (as the case may be) must consult the Welsh Ministers.
In subsection (2)—
in the case of a company which is a qualifying sewerage licensee, that— action taken by the company has caused a contravention by a sewerage undertaker of any principal duty; and that action is serious enough to make it inappropriate for the company to continue to hold its licence;
Section 27 (general duty of Authority to keep matters under review) is amended as follows.
In subsection (2)—
In subsection (4)—
In section 27A (establishment of the Council and committees), in subsection (13), in the definition of “the interests of consumers”—
Section 27C (the interests of consumers) is amended as follows.
In subsection (1)—
the “and” after paragraph (d) is repealed;
customers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are below the consumption threshold and in the area of a relevant undertaker whose area is wholly or mainly in Wales,
Section 27H (provision of information to the Council) is amended as follows.
In subsection (1)—
the “or” at the end of paragraph (b) is repealed;
a sewerage licensee,
In subsection (4)—
Section 27K (sections 27H to 27J: supplementary) is amended as follows.
Section 29 (consumer complaints) is amended as follows.
In subsection (1)—
by a water supply licensee using the supply system of a water undertaker whose area is wholly or mainly in Wales, or by a sewerage licensee using the supply system of a sewerage undertaker whose area is wholly or mainly in Wales
In the heading to Chapter 1 of Part 3 (general duties of water undertakers) at the end there is inserted “etc”.
In section 37A (water resources management plans: preparation and review)—
In section 37C (water resources management plans: provision of information)—
in the closing words to subsection (3), for “licensed water supplier's” there is substituted “water supply licensee's”.
In section 38B (publication of statistical information about complaints)—
Section 39A (information to be given to customers about performance) is amended as follows.
Each water supply licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee's customers of— the standards of overall performance established under section 38ZA(1) which are applicable to that licensee; that licensee's level of performance as regards those standards. The Authority may direct that the requirement in subsection (1A) is not to apply to such water supply licensees as may be specified in the direction.
In section 39B (drought plans: preparation and review)—
In section 39C (drought plans: provision of information)—
in the closing words to subsection (3), for “licensed water supplier's” there is substituted “water supply licensee's”.
In section 42 (financial conditions for compliance with the duty in section 41), subsection (7) (terms defined in sections 43 and 43A) is repealed.
Sections 43 and 43A (calculations for the purpose of section 42) are repealed.
Section 48 (interest on sums provided by way of security) is repealed.
Section 52 (domestic supply duty) is amended as follows.
In subsection (4A) (exclusion of certain premises), in paragraph (c), at the beginning, there is inserted “in the case of premises to be supplied using the supply system of a water undertaker whose area is wholly or mainly in Wales,”.
Section 61 (disconnections for non-payment of charges) is amended as follows.
In subsection (1)—
This subsection applies
This subsection applies if a water supply licensee requests the undertaker to disconnect the service pipe or otherwise cut off the supply of water to the premises. A water supply licensee may make a request under subsection (1ZB) only if— the occupier of the premises is liable under an agreement with the licensee to pay charges to the licensee in respect of the supply of water to the premises, the licensee has served notice on the occupier requiring payment of charges due, the occupier has failed to pay the charges before the end of the period of seven days beginning with the day after the notice was served, and that period has expired.
In subsection (2)—
Where— a water supply licensee has served a notice for the purposes of subsection (1ZC)(b) on a person, and within the period of seven days mentioned in subsection (1ZC)(c), the person serves a counter-notice on the licensee stating that he disputes his liability to pay the charges in question, the licensee may not make a request under subsection (1ZB) in relation to the premises except at a time when that person is the occupier of the premises and those charges are enforceable against that person in a manner specified in subsection (3).
In subsection (3)—
In subsection (4)—
the words “, from the person in respect of whose liability the power is exercised,” are repealed;
from the person in respect of whose liability the power is exercised, in a case where the power is exercised in the circumstances mentioned in subsection (1ZA); from the water supply licensee who made the request, in a case where the power is exercised in the circumstances mentioned in subsection (1ZB).
In subsection (5)—
in paragraph (b)—
in the words after paragraph (b)—
The undertaker may not cut off the supply to the secondary premises in reliance on subsection (5) if— in a case where the undertaker is exercising the power in subsection (1) because charges are due to it, the secondary premises are supplied by a person other than the undertaker; in a case where the undertaker is exercising the power in subsection (1) because of a request for disconnection under subsection (1ZB), the secondary premises are supplied by a person other than the licensee which made that request.
A water undertaker is not guilty of an offence under subsection (3) where it disconnects a service pipe or otherwise cuts off a supply of water under section 61 in the circumstances mentioned in section 61(1ZB) (request from water supply licensee).
Section 63AA (supply by licensed water supplier: domestic supply duty) is amended as follows.
Section 63AB (supply by licensed water supplier: non-domestic supply) is amended as follows.
Section 63AC (interim duty of water undertaker: domestic and non-domestic supply) is amended as follows.
Section 68 (duties with respect to water quality) is amended as follows.
In subsection (1A)—
the words following paragraph (b) are repealed.
In subsection (3A)—
References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A. In this section “ in relation to a water undertaker whose area is wholly or mainly in Wales, and in relation to a water supply licensee so far as relating to licensed activities using the supply system of such a water undertaker, prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly.
Section 69 (regulations for preserving water quality) is amended as follows.
In section 73 (offences of contaminating, wasting and misusing water etc), in subsection (1)—
Section 74 (regulations for preventing contamination, waste etc and with respect to water fittings) is amended as follows.
Section 75 (power to prevent damage and to take steps to prevent contamination, waste etc) is amended as follows.
In section 76 (temporary bans on use)—
The reference in subsection (1) to the supply system of a water undertaker is to be construed in accordance with section 17B.
Section 78 (local authority functions in relation to undertakers' supplies) is amended as follows.
Section 86 (assessors for the enforcement of water quality) is amended as follows.
In section 90 (indemnities in respect of fluoridation), in subsection (2)—
In section 93A (duty to promote the efficient use of water)—
Section 93B (power of Authority to impose requirements on water undertakers) is amended as follows.
Section 93C (publicity of requirements imposed under section 93B) is amended as follows.
In subsection (1)—
for “or supplier's” there is substituted “or licensee's”.
Section 93D (information as to compliance with requirements under section 93B) is amended as follows.
In subsection (3), for “or supplier's” there is substituted “or licensee's”.
In the heading to Chapter 1 of Part 4 (general functions of sewerage undertakers), at the end there is inserted “etc”.
In section 95B (publication of statistical information about complaints)—
Section 96A (information to be given to customers about overall performance) is amended as follows.
Each sewerage licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee's customers of— the standards of overall performance established under section 95ZA(1) which are applicable to that licensee; that licensee's level of performance as regards those standards. The Authority may direct that the requirement in subsection (1A) is not to apply to such sewerage licensees as may be specified in the direction.
The sewerage licensees referred to in subsection (1) shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers. In subsection (1), the reference to the sewerage undertaker's sewerage system is to be construed in accordance with section 17BA(7).
In section 99 (financial conditions for compliance with the duty in section 98), subsection (7) (terms defined in sections 100 and 100A) is repealed.
Sections 100 and 100A (calculations for the purposes of section 99) are repealed.
In section 101B (power to provide lateral drain following provision of public sewer) (as amended by section 19)—
in subsection (4), the “or” following paragraph (a) is repealed.
shall give notice of its proposal to any sewerage licensee which uses, or removes matter from, the undertaker's sewerage system in accordance with a retail, wholesale or disposal authorisation;
In section 104 (agreements to adopt sewers, etc), subsection (9) (inserted by section 42(3) of the Flood and Water Management Act 2010) is repealed.
In section 105 (appeals with respect to adoption)—
subsection (2) is repealed;
in subsection (4), paragraph (b) and the “or” preceding it are repealed;
subsection (6) is repealed;
in subsection (7), the words from “and for” to the end are repealed.
any sewerage licensee which uses, or removes matter from, the sewerage system of any such sewerage undertaker in accordance with a retail, wholesale or disposal authorisation;
A reference in this section to an agreement entered into under section 104 includes a reference to— an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and an agreement which has been varied by order under section 105ZB(1).
A reference in this section to an agreement under section 104 includes a reference to— an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and an agreement which has been varied by order under section 105ZB(1).
the owner of the premises in question, and any sewerage licensee providing sewerage services to those premises.
Section 146 (connection charges etc) is amended as follows.
The reference in subsection (3) to an agreement under section 104 includes a reference to— an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and an agreement which has been varied by order under section 105ZB(1).
In subsection (4)—
This section does not apply to— water supplies provided by a water supply licensee, or sewerage services provided by a sewerage licensee, to premises of customers in accordance with Chapter 1A of Part 2.
Section 154A (financial assistance to reduce charges of relevant undertakers and water supply licensees) is amended as follows.
In subsection (1)—
the “or” following paragraph (a) is repealed;
in paragraph (b), for “its” there is substituted “the licensee's”;
a sewerage licensee that serves premises in accordance with the licensee's retail authorisation using the sewerage system of an English undertaker.
In subsection (6)—
the “or” following paragraph (a) is repealed;
to a sewerage licensee by means of an arrangement made by the Secretary of State with an English undertaker that is a sewerage undertaker.
In subsection (7)—
the “or” following paragraph (a) is repealed;
in paragraph (b), for “its” there is substituted “the licensee's”;
a person whose premises are served by a sewerage licensee in accordance with the licensee's retail authorisation using the undertaker's sewerage system.
In subsection (8)—
Section 162 (works in connection with metering) is amended as follows.
In subsection (1A)—
a sewerage licensee provides sewerage services in respect of those premises using the undertaker's sewerage system.
In subsection (1A)(e) above, the reference to the sewerage system of a sewerage undertaker shall be construed in accordance with section 17BA.
the Environment Agency, if the proposed works will affect any watercourse in England, the NRBW, if the proposed works will affect any watercourse in Wales, and if the watercourse
Section 174 (offences of interference with works etc) is amended as follows.
In subsection (1A)—
in paragraph (a)(i)—
in paragraph (a)(ii)—
In subsection (2A)—
In subsection (3A)—
in paragraph (a)(ii)—
In subsection (5A)—
in paragraph (b)—
In subsection (8A)(b)—
Section 175 (offence of tampering with meter) is amended as follows.
In subsection (3) (meaning of “appropriate consent”)—
if the meter is used by one water supply licensee, the consent of that licensee; if the meter is used by one sewerage licensee, the consent of that licensee;
a water supply licensee; a sewerage licensee,
In section 179 (vesting of works in undertaker), in subsection (1A) (when persons may agree to vest pipes etc in a person other than the undertaker), the words from “but no agreement” to the end are repealed.
Section 195 (the Authority's register) is amended as follows.
In subsection (2)—
Subsection (3A) is repealed.
Section 195A (reasons for decisions) is amended as follows.
Section 201 (publication of certain information and advice) is amended as follows.
Section 202 (duties of undertakers to furnish the Secretary of State with information) is amended as follows.
In subsection (4)(c)—
In section 205 (exchange of metering information between undertakers), in subsection (4)—
the “and” at the end of paragraph (a) is repealed;
any sewerage licensee.
Section 206 (restriction on disclosure of information) is amended as follows.
Section 208 (directions in the interests of national security) is amended as follows.
In subsection (1)—
In subsection (2)—
In subsection (3)—
a sewerage licensee;
Section 213 (powers to make regulations) is amended as follows.
In subsection (1)—
the words “17D(8),” (inserted by section 35(2) of the Flood and Water Management Act 2010) are repealed;
the words “or 17D(8)” (inserted by paragraph 49 of Schedule 8 to the Water Act 2003) are repealed (if they remain in force to any extent);
before “or 105A” there is inserted “, 66M”.
The requirement in subsection (1) does not apply in the case of regulations made by the Welsh Ministers under section 17D(8).
Section 219 (general interpretation) is amended as follows.
In subsection (1)—
in the case of a sewerage undertaker, includes
in the case of a sewerage licensee, means the services provided by that person in that person's capacity as a sewerage licensee;
in the definition of “water main”—
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the definition of “licensed water supplier” is repealed.
Subsection (10) does not apply to references to the Chief Inspector of Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and 86ZA.
water supply licensees; sewerage licensees; and
Schedule 2 (transitional provision on termination of appointments) is amended as follows.
In paragraph 1—
activities
activities relating to the removal or removals of matter mentioned in section 23(9) of this Act which were carried on by the transferor until that date (as the case may be).
holding
holding appointments as sewerage undertakers for any area in which, or in part of which, the activities relating to the removal or removals of matter mentioned in section 23(9) of this Act will be carried on by the transferee (as the case may be);
If a sewerage undertaker serves a notice under sub-paragraph (2) in relation to premises in respect of which a sewerage licensee provides sewerage services, the sewerage undertaker must send a copy of the notice to the sewerage licensee.
The Water Resources Act 1991 is amended as follows.
Section 203 (exchange of information with respect to pollution incidents etc) is amended as follows.
In subsection (1A)—
In subsection (2A)—
In subsection (3)—
In subsection (8)—
Section 204 (restriction on disclosure of information) is amended as follows.
In subsection (2)(b)—
In subsection (4)(a)—
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, in the entry relating to the Water Industry Act 1991—
The Enterprise Act 2002 is amended as follows.
Section 168 (regulated markets) is amended as follows.
In section 249 (special administration regime), in subsection (1)(aa)—
The Water Act 2003 is amended as follows.
Section 40 (which inserted the section 2A of the Water Industry Act 1991 that is being replaced by section 24 of this Act) is repealed.
Section 52 (co-operation between water regulators) is amended as follows.
In subsection (3)—
In this section— “ “
Section 58 (fluoridation of water supplies) is amended as follows, to the extent that it is not in force on the day on which paragraphs 76 to 78 come into force.
In subsection (2)—
In subsection (6), in the inserted section 90 of the Water Industry Act 1991 (indemnities in respect of fluoridation), in subsection (2)—
The Consumers, Estate Agents and Redress Act 2007 is amended as follows.
In section 4 (meaning of “designated consumers”), in subsection (3)—
Section 25 (enforcement by regulator of section 24 notice) is amended as follows.
In section 33 (supplementary provision about transfer and abolition orders), in subsection (10)—
In section 41 (interpretation of Part 1), in subsection (1)—
the definition of “licensed water supplier” is repealed;
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“
Section 42 (interpretation of Part 2) is amended as follows.
In subsection (1), in the table—
In subsection (2)—
the definition of “licensed water supplier” is repealed;
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The Flood and Water Management Act 2010 is amended as follows.
In section 6 (other Part 1 definitions), in subsection (11) (“water company”)—
in the opening words, the words “a company which holds” are repealed;
in paragraph (a), at the beginning there is inserted “a company which holds”;
in paragraph (b), at the beginning there is inserted “a person who holds”.
In section 35 (provision of infrastructure), in subsection (2), in the words inserted into section 213(1) of the Water Industry Act 1991, the words “17D(8),” are repealed (if section 35(2) remains to be brought into force to any extent).
In section 42 (agreements on new drainage systems)—
subsection (2) (which substitutes section 105(2) of the Water Industry Act 1991) is repealed;
subsection (3) (which inserts section 104(9) of the Water Industry Act 1991) is repealed.
In section 44 (social tariffs in charges schemes), in subsection (3), for the words from “in connection with” to “1991 Act)” there is substituted “under the Water Industry Act 1991 in connection with undertakers' charges schemes under section 143 of that Act”.