The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

Supplemental provisions with respect to licensed infrastructure providers’ works powers

13.—(1) Section 179(1) (vesting of works in relevant undertakers) applies as if—

(a) in the title, after “undertaker”, there were inserted “or licensed infrastructure provider”;

(b) after subsection (1), there were inserted—

“(1ZA) Every—

(a) sewer or disposal main which has been laid, in exercise of any power conferred by this Part or otherwise by a licensed infrastructure provider, and

(b) sewage disposal works constructed by a licensed infrastructure provider,

shall vest in the licensed infrastructure provider.”; and

(c) in subsection (1A)—

(i) for “Subsection (1) above is” there were substituted, “Subsections (1) and (1ZA) above are”; and

(ii) after “relevant undertaker”, in the first place it occurs, there were inserted “or licensed infrastructure provider (as the case may be)”.

(2) Section 180 applies as if for “undertakers” there were substituted “licensed infrastructure providers”.

(3) Schedule 12(2) (compensation for damage caused by works etc) applies as if—

(a) for “relevant undertaker”, “undertaker” or “sewerage undertaker”, each time it occurs, there were substituted “licensed infrastructure provider”;

(b) in paragraph 1 (compensation in respect of street works powers), in sub-paragraph (1), for “, 161 and 162” there were substituted “and 161”;

(c) in paragraph 2 (compensation in respect of pipe-laying works in private land) in sub‑paragraph (6) for “, 161(2) and 163” there were substituted “and 161(2)”; and

(d) paragraphs 2(4) (powers to make regulations), 4(5) (no compensation payable where sewer etc declared vested in a sewerage undertaker), 5 (compensation in respect of metering works) and 6 (compensation in respect of discharges for works purposes) were repealed.

(4) Section 181(3) (complaints with respect to the exercise of works powers on private land) applies as if—

(a) for “relevant undertaker” or “undertaker”, each time it occurs, there were substituted “licensed infrastructure provider”; and

(b) subsection (8) (power to make regulations) were repealed.

(5) Section 182 (code of practice with respect to work on private land) applies as if—

(a) in subsection (1) (duty to submit a code for approval)—

(i) in the words before paragraph (a), after “relevant undertaker”, there were inserted “and every licensed infrastructure provider”; and

(ii) in paragraph (a), after “appointment”, there were inserted “or its project licence”;

(b) subsections (2) and (4) (power to make an order) were repealed;

(c) in subsection (3) (effect of a code), the words “as a relevant undertaker” were repealed; and

(d) in subsection (5) (enforcement), after “relevant undertaker”, there were inserted “and a licensed infrastructure provider”.

(6) Section 183 applies as if, for “relevant undertakers” there were substituted “licensed infrastructure providers”.

(7) Schedule 13(4) (protection for particular undertakings) applies as if—

(a) in paragraphs 1(1) (general provisions protecting undertakings), 2 (protection for statutory powers and jurisdiction) and 4 (protection for telecommunication systems), for “relevant undertaker” or “undertaker”, each time it occurs, there were substituted “licensed infrastructure provider”;

(b) in paragraph 3 (special protection for certain undertakings in respect of street works), for sub-paragraph (5) (offence of contravening the requirements of sub-paragraph (1)), there were substituted—

“(5) The requirements of sub-paragraph (1) above apply as if they were a duty imposed on a licensed infrastructure provider and shall be enforceable under section 18 above by the Authority.”; and

(c) Part 2 (further protective provisions in respect of sewerage powers) were repealed.

(8) Section 186 (protective provisions in respect of flood defence works and watercourses etc) applies as if subsections (2) to (6), and (8) were repealed.

(9) Section 187 (works in tidal lands etc) applies as if—

(a) in subsections (1) and (2), for “relevant undertaker”, in both places it occurs, there were substituted “licensed infrastructure provider”;

(b) in subsection (2), for “that undertaker”, there were substituted “that licensed infrastructure provider”; and

(c) in subsection (3), for the words after “any of”, there were substituted “sections 158, 159 and 161 above.”.

(10) Section 190 (saving for planning controls) applies without modification.

(11) Section 192(5) (interpretation of Part 6) applies as if—

(a) subsections (1) (meaning of water discharge pipe), (3), (3A) and (3B) (provisions for works outside a relevant undertaker’s appointment area) were repealed; and

(b) in subsection (4) (certain obligations to maintain etc a pipe) after “relevant undertaker” or “undertaker”, each time it occurs, there were inserted “or licensed infrastructure provider”.

(1)

Section 179 was amended by sections 92, 97 and 101(1) of, and Schedule 8 to, the Water Act 2003. Section 179 was also amended by sections 62, 86 and 146 of, and Schedules 13, 14 and 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), although the provisions are not yet in force.

(2)

Schedule 12 was amended by section 56 of the Competition and Service (Utilities) Act 1992, section 97 of the Water Act 2003 and S.I. 2009/1307.

(3)

Section 181 was amended by section 101(1) of, and Schedule 7 to, the Water Act 2003.

(4)

Schedule 13 was amended by section 67 of, and Schedule 9 to, the Coal Industry Act 1994 (c. 21); section 120 of, and Schedule 22 to, the Environment Act 1995; section 37 of, and Schedule 5 to the Transport Act 2000 (c. 38); section 406 of, and Schedule 17 to, the Communications Act 2003 (c. 21); section 143 of, and Schedule 19 to, the Energy Act 2004 (c. 20); and by S.I. 2001/1149. The effect of certain provisions in Schedule 13 was modified by section 16 of, and Schedule 4 to, the Gas Act 1986 (c. 44) and section 76 of the Utilities Act 2000 (c. 27).

(5)

Section 192 was amended by section 47 of the Competition and Service (Utilities) Act 1992.