- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (05/12/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 05/12/2022.
Water Industry Act 1991, Section 18 is up to date with all changes known to be in force on or before 19 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsection (2) and sections 19 and 20 below, where in the case of any company holding an appointment under Chapter I of this Part [F1or [F2any person holding] a licence under Chapter 1A of this Part] the Secretary of State or the Director is satisfied—
(a)that that company [F3or that person] is contravening—
(i)any condition of the company’s appointment [F4or [F5the person's] licence] in relation to which he is the enforcement authority; or
(ii)any statutory or other requirement which is enforceable under this section and in relation to which he is the enforcement authority;
or
(b)that that company [F6or that person] [F7is likely to contravene any such condition or requirement],
he shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.
[F8(1A)Subject to subsection (2) and sections 19 and 20 below, where—
(a)in the case of any company holding an appointment under Chapter 1 of this Part, the Secretary of State or the Authority is satisfied that the company—
(i)is causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by [F9a person] holding a licence under Chapter 1A of this Part; or
(ii)is likely to cause or contribute to any such contravention; or
(b)in the case of [F10any person] holding a licence under Chapter 1A of this Part, the Secretary of State or the Authority is satisfied that [F11the person]—
(i)is causing or contributing to a contravention of a condition or requirement such as is referred to in paragraph (a)(i) or (ii) of subsection (1) above by a company holding an appointment under Chapter 1 of this Part; or
(ii)is likely to cause or contribute to any such contravention,
he or it shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.]
(2)Subject to section 19 below, where in the case of any company holding an appointment under Chapter I of this Part [F12or [F13any person holding] a licence under Chapter 1A of this Part]—
(a)it appears to the Secretary of State or the Director as mentioned in paragraph (a) or (b) of subsection (1) [F14or (1A)] above; and
(b)it appears to him that it is requisite that a provisional enforcement order be made,
he may (instead of taking steps towards the making of a final order) by a provisional enforcement order make such provision as appears to him requisite for the purpose of securing compliance with the condition or requirement in question.
(3)In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional enforcement order be made, the Secretary of State or, as the case may be, the Director shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of any condition or of any statutory or other requirement enforceable under this section, is likely to be done, or omitted to be done, before a final enforcement order may be made.
(4)Subject to sections 19 and 20 below, where the Secretary of State or the Director has made a provisional enforcement order, he shall confirm it, with or without modifications, if—
(a)he is satisfied that the company to which the order relates—
(i)is contravening any condition or statutory or other requirement in relation to which he is the enforcement authority; or
[F15(ii)is likely to contravene any such condition or requirement;][F16or
(iii)is causing or contributing to a contravention of any such condition or requirement; or
(iv)is likely to cause or contribute to any such contravention;]
and
(b)the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.
(5)An enforcement order—
(a)shall require the company to which it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;
(b)shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and
(c)may be revoked at any time by the enforcement authority who made it.
(6)For the purposes of this section and the following provisions of this Act—
(a)the statutory and other requirements which shall be enforceable under this section in relation to a company holding an appointment under Chapter I of this Part [F17or [F18a person holding] a licence under Chapter 1A of this Part] shall be such of the requirements of any enactment or of any subordinate legislation as—
(i)are imposed in consequence of that appointment [F19or licence]; and
(ii)are made so enforceable by that enactment or subordinate legislation;
(b)the Director shall be the enforcement authority in relation to the conditions of an appointment under Chapter I of this Part [F20or of a licence under Chapter 1A of this Part]; and
(c)the enforcement authority in relation to each of the statutory and other requirements enforceable under this section shall be the Secretary of State, the Director or either of them, according to whatever provision is made by the enactment or subordinate legislation by which the requirement is made so enforceable.
(7)In this section and the following provisions of this Chapter—
“enforcement order” means a final enforcement order or a provisional enforcement order;
“final enforcement order” means an order under this section other than a provisional enforcement order;
“provisional enforcement order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.
[F21(8)Where any act or omission—
(a)constitutes a contravention of a condition of an appointment under Chapter 1 of this Part or of a condition of a licence under Chapter 1A of this Part or of a statutory or other requirement enforceable under this section; or
(b)causes or contributes to a contravention of any such condition or requirement,
the only remedies for, or for causing or contributing to, that contravention (apart from those available by virtue of this section) shall be those for which express provision is made by or under any enactment and those that are available in respect of that act or omission otherwise than by virtue of its constituting, or causing or contributing to, such a contravention.]
Textual Amendments
F1Words in s. 18(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F2Words in s. 18(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F3Words in s. 18(1)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F4Words in s. 18(1)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F5Words in s. 18(1)(a)(i) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F6Words in s. 18(1)(b) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(2)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F7Words in s. 18(1)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(2)(a), 105(3); S.I. 2004/2528, art. 2(f) (with art. 4, Sch.)
F8S. 18(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(3); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F9Words in s. 18(1A)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F10Words in s. 18(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F11Words in s. 18(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F12Words in s. 18(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(4)(a); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F13Words in s. 18(2) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F14Words in s. 18(2)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(4)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F15S. 18(4)(a)(ii) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(2)(b), 105(3); S.I. 2004/2528, art. 2(f) (with savings in art. 4)
F16S. 18(4)(iii)(iv) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(5); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F17Words in s. 18(6)(a) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(a)(i); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F18Words in s. 18(6)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 26(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F19Words in s. 18(6)(a)(i) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(a)(ii); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F20Words in s. 18(6)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(6)(b); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
F21S. 18(8) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 4(7); S.I. 2005/2714, art. 3(c) (with Sch. 2 para. 8)
Modifications etc. (not altering text)
C1S. 18 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 20(3), 225(2).
C2S. 18 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 197(6), 225(2).
C3S. 18 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 203(5), 225(2).
C4S. 18: power to extend conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 219(2)(a), 225(2).
C5S. 18 extended (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 4(2).
C6S. 18 extended (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 52(3), 66
C7S. 18 extended (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 25(7), 66
C8S. 18 extended (20.4.2010) by The Water Supply (Water Quality) Regulations 2010 (S.I. 2010/994), regs. 1(1), 38 (with reg. 1(2)(3))
C9S. 18 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 6(1) (with reg. 1(1)(c))
C10S. 18 applied (27.6.2016) by The Water Supply (Water Quality) Regulations 2016 (S.I. 2016/614), regs. 1(1), 38 (with reg. 1(2)(3))
C11S. 18 applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 27(3)
C12S. 18 applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 30(4)
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan 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?
Y Ddeddf Gyfan heb Atodlenni 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?
Y Rhestrau 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?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys