Water Industry Act 1991

31 Functions of Director with respect to competition. E+W

(1) If and to the extent that he is requested by the Director General of Fair Trading to do so, it shall be the duty of the Director to exercise the functions of that Director under Part III of the 1973 Act so far as relating to courses of conduct which are or may be detrimental to the interests of persons who are consumers in relation to—

(a) the supply of water by water undertakers; or

(b) the provision of sewerage services by sewerage undertakers;

and this duty shall apply whether those interests are economic or interests in respect of health, safety or other matters.

(2) The Director shall continue to be entitled, concurrently with the Director General of Fair Trading, to exercise—

(a) the functions of that Director under sections 44 and 45 of the 1973 Act; and

(b) the functions of that Director under sections 50, 52, 53, 86 and 88 of that Act,

so far as relating to monopoly situations which exist or may exist in relation to commercial activities connected with the supply of water or the provision of sewerage services.

(3) The Director shall continue to be entitled, concurrently with the Director General of Fair Trading, to exercise the functions of that Director under sections 2 to 10 and 16 of the 1980 Act so far as relating to courses of conduct which have or are intended to have or are likely to have the effect of restricting, distorting, or preventing competition in connection with the supply of water or securing a supply of water or with the provision or securing of sewerage services.

(4) So far as necessary for the purposes of or in connection with the provisions of subsections (1) to (3) above, the references to the Director General of Fair Trading in—

(a) Parts III and IV of the 1973 Act;

(b) sections 86, 88 and 133 of the 1973 Act; and

(c) sections 2 to 10, 16 and 19 of the 1980 Act,

shall be construed as if they were or, as the case may require, as if they included references to the Director.

(5) Before either Director first exercises in relation to any matter functions mentioned in paragraph (a) or in paragraph (b) of subsection (2) above or in subsection (3) above [F1 or in paragraph 8 of Schedule 2 to the Deregulation and Contracting Out Act 1994], he shall consult the other Director.

(6) Neither Director shall exercise in relation to any matter any functions mentioned in paragraph (a) or in paragraph (b) of subsection (2) above or in subsection (3) above [F2 or in paragraph 8 of Schedule 2 to the Deregulation and Contracting Out Act 1994] if any of the functions mentioned in [F3 that provision] have already been exercised in relation to that matter by the other Director.

(7) It shall be the duty of the Director, for the purpose of assisting the Monopolies Commission in carrying out an investigation on a reference made to them by the Director by virtue of subsection (2) or (3) above, to give to the Commission—

(a) any information which is in his possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and

(b) any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters;

and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

(8) If any question arises as to whether subsection (2) or (3) above [F4 or paragraph 8 of Schedule 2 to the Deregulation and Contracting Out Act 1994] applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

(a) Part IV or section 86 or 88 of the 1973 Act; or

(b) sections 2 to 10 of the 1980 Act,

by or in relation to the Director on the ground that it should have been done by or in relation to the Director General of Fair Trading.

(9) Expressions used in the 1973 Act or the 1980 Act and in this section have the same meanings in this section as in that Act.

Textual Amendments

F1 Words in s. 31(5) inserted (3.1.1995) by 1994 c. 40, ss. 7(2), 82(2), Sch. 2 para. 10(1)(2)

F2 Words in s. 31(6) inserted (3.1.1995) by 1994 c. 40, ss. 7(2), 82(2), Sch. 2 para. 10(3)(a)

F3 Words in s. 31(6) substituted (3.1.1995) by 1994 c. 40, ss. 7(2), 82(2), Sch. 2 para. 10(3)(b)

F4 Words in s. 31(8) inserted (3.1.1995) by 1994 c. 40, ss. 7(2), 82(2), Sch. 2 para. 10(4)

Modifications etc. (not altering text)

C1 S. 31(3) amended (26.11.1998) by 1998 c. 41, ss. 54. 66(5), Sch. 10 para. 5(1); S.I. 1998/275, art. 2