Modifications etc. (not altering text)
C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
C3Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C4Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C5Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
Textual Amendments
F1Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
(1)It shall be the duty of each [F3water supply licensee] to provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing or revising its drought plan.
(2)In the event of any dispute between a water undertaker and a [F3water supply licensee] as to the reasonableness of the water undertaker’s request under subsection (1) above, either party may refer the matter for determination by the Secretary of State, and any such determination shall be final.
(3)For the purposes of paragraph (b) of section 37B(1) above as applied by section 39B(5) above, the water undertaker shall identify in its statement under that paragraph any information—
(a)provided by a [F3water supply licensee] pursuant to subsection (1) above; and
(b)contained in the water undertaker’s draft drought plan,
which the [F3water supply licensee] has (at the time of providing it to the water undertaker) specifically identified as being, in the [F4water supply licensee's] opinion, commercially confidential.
(4)The water undertaker shall not use any unpublished information save for the purpose of facilitating the performance by it of any of the duties imposed on it by or under this Act, any of the other consolidation Acts or the Water Act 1989.
(5)In subsection (4) above—
(a)“unpublished information” means confidential information which—
(i)is provided to the water undertaker by a [F3water supply licensee] under this section;
(ii)relates to the affairs of any individual or to any particular business; and
(iii)by virtue of section 37B above as applied by section 39B(5) above, is not published;
(b)“the other consolidation Acts” has the same meaning as in section 206 below.
(6)The duties of a [F3water supply licensee] and a water undertaker under this section shall be enforceable by the Secretary of State under section 18 above.]
Textual Amendments
F2Ss. 39B, 39C inserted (1.10.2004 for specified purposes and otherwise 1.10.2005) by Water Act 2003 (c. 37), ss. 63, 105(3); S.I. 2004/2528, art. 2(j) (with savings in art. 4); S.I. 2005/2714, art. 2(j) (with Sch. 2 para. 8)
F3Words in s. 39C substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 53(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F4Words in s. 39C(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 53(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
Modifications etc. (not altering text)
C6S. 39C modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)