F1[116A Procedures for dealing with complaints.E+W
(1)Each sewerage undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the provision of sewerage services.
(2)No such procedure shall be established, and no modification of such a procedure shall be made, unless—
(a)the sewerage undertaker has consulted the [F2regional committee] to which it has been allocated; and
(b)the proposed procedure or modification has been approved by [F3the Authority].
(3)The sewerage undertaker shall—
(a)publicise the procedure in such manner as may be approved by [F3the Authority]; and
(b)send a description of the procedure, free of charge, to any person who asks for one.
(4)[F3The Authority] may give a direction to a sewerage undertaker requiring the undertaker to review its procedure or the manner in which the procedure operates.
(5)A direction under subsection (4) above—
(a)may specify the manner in which the review is to be conducted; and
(b)shall require a written report of the review to be made to [F3the Authority].
(6)Where [F3the Authority] receives a report under subsection (5)(b) above, [F3it] may, after consulting the sewerage undertaker, direct the undertaker to make such modifications of—
(a)the procedure; or
(b)the manner in which the procedure operates,
as may be specified in the direction.
(7)Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.
(8)The duty of a sewerage undertaker to comply with subsection (1) above and with any direction given to it under subsection (4) or (6) above shall be enforceable by [F3the Authority] under section 18 above.
(9)Where [F3the Authority] is considering whether to exercise [F3its] powers under subsection (4) or (6) above in relation to a sewerage undertaker, it shall be the duty of that undertaker to give [F3it] such information as [F3it] may reasonably require for the purpose of assisting [F3it] in coming to a decision.
(10)Section 202 below shall have effect, with the necessary modifications, in relation to information which [F3the Authority] requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section.]
Textual Amendments
F1S. 116A inserted (1.7.1992) by Competition ant Service (Utilities) Act 1992 (c. 43), s.33; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
F2Words in s. 116A(2)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(3); S.I. 2005/2714, art. 2(l)(v)(aa) (with Sch. para. 8)
F3Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)