Water Industry Act 1991

[F2 89 Consultation F1 ... E+W

(1) Before taking any step mentioned in subsection (2) below, [F3 a relevant authority] shall—

(a) consult and ascertain opinion in accordance with regulations made by [F4 that authority]; and

(b) comply with the requirements set out in regulations made by [F5 that authority].

(2) The steps are—

(a) requesting a water undertaker to enter into arrangements under section 87(1) above;

(b) requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;

(c) giving notice to a water undertaker under section 87C(7) above to terminate any such arrangements;

(d) maintaining any such arrangements in prescribed circumstances.

(3) Regulations—

(a) under paragraph (a) of subsection (1) above shall include provision about the process which [F6 the relevant authority is] to follow for the purposes of that paragraph;

(b) under paragraph (b) of that subsection shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken.

(4) Subsection (1) above shall not apply in relation to a proposal by [F7 a relevant authority] to take the step mentioned in subsection (2)(c) above if [F8 that authority so directs] by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).

(5) [F9 In this section “appropriate authority”—

(a) in a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly;

(b) in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and

(c) in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.]]

Textual Amendments

F1 Word in s. 89 heading omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(5)(a), 186(6); S.I. 2022/1003, reg. 3(a)

F2 S. 89 substituted (18.2.2005 for E. for specified purposes, 1.8.2008 for E. for further specified purposes and 25.2.2009 for E. insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(5), 105(3); S.I. 2005/344, art. 2; S.I. 2008/1922, art. 2(b)(c); S.I. 2009/359, arts. 2(c) (with saving in art. 3, Sch.)

F3 Words in s. 89(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(i), 186(6); S.I. 2022/1003, reg. 3(a)

F4 Words in s. 89(1)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(a)

F5 Words in s. 89(1)(b) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(a)

F6 Words in s. 89(3)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(c), 186(6); S.I. 2022/1003, reg. 3(a)

F7 Words in s. 89(4) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(d)(i), 186(6); S.I. 2022/1003, reg. 3(a)

F8 Words in s. 89(4) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(d)(ii), 186(6); S.I. 2022/1003, reg. 3(a)

F9 S. 89(5) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(13)(f), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 Pt. 3 Ch. 4 modified (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 37(1), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)