202 Duties of undertakers to furnish the Secretary of State with information.E+W
(1)It shall be the duty of a company holding an appointment as a relevant undertaker to furnish the Secretary of State with all such information relating to any matter which—
(a)is connected with, or with any proposals relating to, the carrying out by that company of the functions of a relevant undertaker; or
(b)is material to the carrying out by the Secretary of State of any of his functions under this Act, any of the other consolidation Acts or the M1Water Act 1989,
as the Secretary of State may reasonably require.
[F1(1A)It shall be the duty of a company holding a licence under Chapter 1A of Part 2 of this Act to furnish the Secretary of State with all such information relating to any matter which—
(a)is connected with, or with any proposals relating to, the carrying on by that company of the activities authorised by the licence; or
(b)is material to the carrying out by the Secretary of State of any of his functions under this Act, any of the other consolidation Acts or the Water Act 1989,
as the Secretary of State may reasonably require.]
(2)Information required under this section shall be furnished in such form and manner, and be accompanied or supplemented by such explanations, as the Secretary of State may reasonably require.
(3)The information which a company may be required to furnish to the Secretary of State under this section shall include information which, although it is not in the possession of that company or would not otherwise come into the possession of that company, is information which it is reasonable to require that company to obtain.
(4)A requirement for the purposes of this section shall be contained in a direction which—
(a)may describe the information to be furnished in such manner as the Secretary of State considers appropriate;
(b)may require the information to be furnished on a particular occasion, in particular circumstances or from time to time; and
(c)may be given to a particular company, to companies of a particular description or to all the companies holding appointments under Chapter I of Part II of this Act [F2or licences under Chapter 1A of that Part] .
(5)The obligations of a relevant undertaker [F3or licensed water supplier] under this section shall be enforceable under section 18 above by the Secretary of State.
(6)In this section “the other consolidation Acts” means the M2Water Resources Act 1991, F4... so much of the M3Land Drainage Act 1991 as confers functions on the Secretary of State with respect to [F5the Environment Agency] [F6or on the Welsh Ministers with respect to the NRBW] and the M4Water Consolidation (Consequential Provisions) Act 1991.
Textual Amendments
F1S. 202(1A) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 44(2); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)
F2Words in s. 202(4)(c) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 44(3); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)
F3Words in s. 202(5) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 44(4); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)
F4Words in s. 202(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(c)
F5Words in s. 202(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 120 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6Words in s. 202(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 254 (with Sch. 7)
Modifications etc. (not altering text)
C1S. 202 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. 14(6) (with reg. 1(1)(c))
Marginal Citations