Water Industry Act 1991

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 M1 Water Act 1989,

as the Secretary of State may reasonably require.

[F1 (1A) It shall be the duty of a [F2 person] 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 [F2 person] 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 [F3 person] 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 [F3 person] or would not otherwise come into the possession of that [F3 person], is information which it is reasonable to require that [F3 person] 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 [F4 or person], to companies [F5 or persons] of a particular [F6 description,] to all the companies holding appointments under Chapter I of Part II of this Act [F7 or [F8 to all the persons holding] licences under Chapter 1A of that Part].

(5) The obligations of a relevant undertaker [F9 , water supply licensee or sewerage licensee] 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 M2 Water Resources Act 1991, F10 ... so much of the M3 Land Drainage Act 1991 as confers functions on the Secretary of State with respect to [F11 the Environment Agency] [F12 or on the Welsh Ministers with respect to the NRBW] and the M4 Water Consolidation (Consequential Provisions) Act 1991.

Textual Amendments

F1 S. 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)

F2 Word in s. 202(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F3 Word in s. 202(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F4 Words in s. 202(4)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F5 Words in s. 202(4)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F6 Word in s. 202(4)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F7 Words 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)

F8 Words in s. 202(4)(c) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(4)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F9 Words in s. 202(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 114(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F10 Words 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)

F11 Words 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

F12 Words 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)

C1 S. 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

M1 1989 c. 15.

M2 1991 c. 57.

M3 1991 c. 59.

M4 1991 c. 60.