Water Industry Act 1991

1. Introductory Text

2. Part I PRELIMINARY

   1. The Director General of Water Services

      1. 1. The Director General of Water Services.

      2. 1A. Water Services Regulation Authority

   2. General duties

      1. 2. General duties with respect to water industry.

      2. 2A. Strategic priorities and objectives: England

      3. 2B. Strategic priorities and objectives: Wales

      4. 3. General environmental and recreational duties.

      5. 4. Environmental duties with respect to sites of special interest.

      6. 5. Codes of practice with respect to environmental and recreational duties.

3. Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

   1. CHAPTER I APPOINTMENTS

      1. Making of appointments

         1. 6. Appointment of relevant undertakers.

         2. 7. Continuity of appointments, replacement appointments etc.

         3. 8. Procedure with respect to appointments and variations.

         4. 9. Duties affecting making of appointments and variations.

         5. 10. Transitional provision with respect to replacement appointments.

      2. Conditions of appointments

         1. 11. Power to impose conditions.

         2. 12. Determinations under conditions of appointment.

      3. Modification of appointment conditions

         1. 13. Modification by agreement.

         2. 14. Modification references to CMA.

         3. 14A. References under section 14: time limits

         4. 14B. References under section 14: powers of investigation

         5. 15. Reports on modification references.

         6. 16. Modification following report.

         7. 16A. CMA's power of veto following report

         8. 16B. CMA's power of veto following report: supplementary

         9. 17. Modification by order under other enactments.

   2. CHAPTER 1A Water supply licences and sewerage licences

      1. Granting of licences

         1. 17A. Water supply licences

         2. 17AA. Water supply licences: restrictions on grants

         3. 17B. Section 17A: supplementary

         4. 17BA. Sewerage licences

         5. 17BB. Sewerage licences: restrictions on grants

         6. 17C. Meaning of household premises

         7. 17D. The threshold requirement

         8. 17DA. Guidance

         9. 17E. Determinations by the Authority

         10. 17F. Procedure for granting water supply and sewerage licences

         11. 17FA. Applications forwarded by the Water Industry Commission for Scotland

         12. 17FB. Applications forwarded to the Water Industry Commission for Scotland

      2. Licence conditions

         1. 17G. Licence conditions

         2. 17H. Standard conditions of water supply licences

         3. 17HA. Standard conditions of sewerage licences

         4. 17I. Modification of licences by agreement

         5. 17J. Modification of standard conditions

         6. 17K. Modification references to competition authority

         7. 17L. References under section 17K: time limits

         8. 17M. References under section 17K: powers of investigation

         9. 17N. Reports on modification references

         10. 17O. Modification of licences following report

         11. 17P. Power of veto following report

         12. 17Q. Section 17P: supplementary

         13. 17R. Modification by order under other enactments

   3. CHAPTER II ENFORCEMENT OF INSOLVENCY

      1. Enforcement orders

         1. 18. Orders for securing compliance with certain provisions.

         2. 19. Exceptions to duty to enforce.

         3. 20. Procedure for enforcement orders.

         4. 21. Validity of enforcement orders.

         5. 22. Effect of enforcement order.

      2. Financial penalties

         1. 22A. Penalties

         2. 22B. Statement of policy with respect to penalties

         3. 22C. Time limits on the imposition of financial penalties

         4. 22D. Interest and payment of instalments

         5. 22E. Appeals

         6. 22F. Recovery of penalties

      3. Special administration orders

         1. 23. Meaning and effect of special administration order.

         2. 24. Special administration orders made on special petitions.

         3. 25. Power to make special administration order on winding-up petition.

      4. Restrictions on voluntary winding up and insolvency proceedings

         1. 26. Restrictions on voluntary winding up and insolvency proceedings.

   4. CHAPTER III PROTECTION OF CUSTOMERS ETC..

      1. General provisions

         1. 27. General duty of Authority to keep matters under review.

      2. The Consumer Council for Water

         1. 27A. Establishment of the Council and committees

         2. 27B. Co-operation between Council and other authorities

      3. General functions of the Council

         1. 27C. The interests of consumers

         2. 27D. Acquisition and review of information

         3. 27E. Provision of advice and information to public authorities

         4. 27F. Provision of information to consumers

         5. 27G. Power to publish information and advice about consumer matters

         6. 27H. Provision of information to the Council

         7. 27I. Publication of notice of reasons

         8. 27J. Provision of information by the Council

         9. 27K. Sections 27H to 27J: supplementary

         10. 28. Customer service committees.

         11. 29. Consumer complaints

         12. 29A. Power of Council to investigate other matters

         13. 30. Duties of Director with respect to complaints

      4. Further functions of Authority

         1. 30ZA. Duty to consult Council

         2. 30ZB. Copies of notices

         3. 30A. Determination of disputes by the Authority.

      5. Provisions with respect to competition

         1. 31. Functions of Director with respect to competition.

         2. 32. Duty to refer merger of water or sewerage undertakings.

         3. 33. Exclusion of small mergers from duty to make reference.

         4. 33A. Exceptions to duty to make reference

         5. 33B. Opinion of the Authority

         6. 33C. Statement of methods

         7. 33D. Undertakings in lieu of a merger reference

         8. 34. Application of provisions of Enterprise Act 2002

         9. 35. Construction of merger provisions.

      6. Disclosure of arrangements for remuneration

         1. 35A. Remuneration and standards of performance

   5. chapter IV INTERPRETATION OF PART II

      1. 36. Interpretation of Part II.

4. Part 2A Regulation of provision of infrastructure

   1. 36A. Regulations

   2. 36B. Tendering

   3. 36C. Criteria for tendering

   4. 36D. Designation as an infrastructure provider

   5. 36E. Ministerial responsibility

   6. 36F. Cross-border infrastructure projects

   7. 36G. Regulations: procedure

5. Part III WATER SUPPLY

   1. chapter I GENERAL DUTIES OF WATER UNDERTAKERS etc

      1. 37. General duty to maintain water supply system etc.

      2. 37A. Water resources management plans: preparation and review

      3. 37AA. Water resources management plans for England: resilience

      4. 37B. Water resources management plans: publication and representations

      5. 37C. Water resources management plans: provision of information

      6. 37D. Water resources management plans: supplementary

      7. 38. Standards of performance in connection with water supply.

      8. 38A. Information with respect to levels of performance.

      9. 38B. Publication of statistical information about complaints

      10. 39. Procedure for regulations under section 38.

      11. 39ZA. Procedure for regulations under section 38ZA

      12. 39A. Information to be given to customers about overall performance.

      13. 39B. Drought plans: preparation and review

      14. 39C. Drought plans: provision of information

      15. 39D. Drought plans: supplementary

   2. chapter II SUPPLY DUTIES

      1. Major supplies

         1. 40. Bulk supplies.

         2. 40A. Variation and termination of bulk supply agreements.

         3. 40B. Codes in respect of bulk supply agreements

         4. 40C. Codes under section 40B: procedure

         5. 40D. Codes under section 40B: minor or urgent revisions

         6. 40E. Rules about charges for the supply of water in bulk

         7. 40F. Rules under section 40E: provision about the reduction of charges

         8. 40G. Rules under section 40E: procedure

         9. 40H. Rules under section 40E: minor or urgent revisions

         10. 40I. Rules under section 40E: guidance

         11. 40J. Duty to provide information about bulk supplies

         12. 41. Duty to comply with water main requisition.

         13. 42. Financial conditions of compliance.

         14. 43. Calculation of “relevant deficit” for the purposes of section 42.

         15. 43A. Calculation of “discounted aggregate deficit” for the purposes of section 42

         16. 44. Determination of completion date and route for requisitioned main.

      2. Domestic connections

         1. 45. Duty to make connections with main.

         2. 46. Duty to carry out ancillary works for the purpose of making domestic connection.

         3. 47. Conditions of connection with water main.

         4. 48. Interest on sums deposited in pursuance of the deposit condition.

         5. 49. Supplemental provisions with respect to the metering conditions.

         6. 50. Restriction on imposition of condition requiring separate service pipes.

         7. 51. Time for performance of connection etc. duties.

      3. Adoption of water mains and service pipes

         1. 51A. Agreements to adopt water main or service pipe at future date

         2. 51B. Adoption at a future date: orders by Authority

         3. 51C. Variation and termination of section 51A agreements

         4. 51CA. Codes in respect of section 51A agreements

         5. 51CB. Codes under section 51CA: procedure

         6. 51CC. Codes under section 51CA: minor or urgent revisions

         7. 51CD. Rules about charges in connection with a section 51A agreement

         8. 51CE. Rules under section 51CD: procedure

         9. 51CF. Rules under section 51CD: minor or urgent revisions

         10. 51CG. Rules under section 51CD: guidance

         11. 51D. Prohibition on connection without adoption

         12. 51E. Sections 51A to 51D: supplementary

      4. Domestic supplies

         1. 52. The domestic supply duty.

         2. 53. Conditions of compliance with domestic supply duty.

         3. 54. Enforcement of domestic supply duty.

      5. Other supplies

         1. 55. Supplies for non-domestic purposes.

         2. 56. Determinations on requests for non-domestic supplies.

         3. 57. Duty to provide a supply of water etc. for fire-fighting.

         4. 58. Specially requested fire-hydrants.

         5. 59. Supplies for other public purposes.

      6. Disconnections

         1. 60. Disconnections for the carrying out of necessary works.

         2. 61. Disconnections for non-payment of charges.

         3. 62. Disconnections at request of customer.

         4. 63. General duties of undertakers with respect to disconnections.

      7. Supply by water supply licensee etc

         1. 63AA. Supply by water supply licensee: domestic supply

         2. 63AB. Supply by licensed water supplier: non-domestic supply

         3. 63AC. Interim duty of water undertaker: domestic and non-domestic supply

      8. Use of limiting devices

         1. 63A. Prohibition of use of limiting devices.

      9. Means of supply

         1. 64. Supply by means of separate service pipes.

         2. 65. Duties of undertakers as respects constancy and pressure.

         3. 66. Requirements by undertaker for maintaining pressure.

   3. CHAPTER 2A SUPPLY DUTIES ETC: LICENSED WATER SUPPLIERS

      1. Duty of undertaker to supply licensed water supplier etc

         1. 66A. Wholesale water supply by primary water undertaker

         2. 66B. Introduction of water into water undertaker’s supply system

         3. 66C. Wholesale water supply by secondary water undertaker

         4. 66D. Sections 66A to 66C: determinations and agreements

         5. 66DA. Codes in respect of section 66D agreements

         6. 66DB. Codes under section 66DA: procedure

         7. 66DC. Codes under section 66DA: minor or urgent revisions

         8. 66E. Rules about charges

         9. 66EA. Rules about charges: provision about the reduction of charges

         10. 66EB. Rules under section 66E: procedure

         11. 66EC. Rules under section 66E: minor or urgent revisions

         12. 66ED. Rules under section 66E: guidance

         13. 66F. Section 66D: supplementary

         14. 66G. Designation of strategic supply

         15. 66H. Designation of collective strategic supply

      2. Offences

         1. 66I. Prohibition on unauthorised use of supply system

         2. 66J. Prohibition on unauthorised introduction of water

         3. 66K. Sections 66I and 66J: exemptions

         4. 66L. Section 66K: supplementary

   4. chapter III Quality and Sufficiency of Supplies

      1. Standards of wholesomeness

         1. 67. Standards of wholesomeness.

      2. General obligations of undertakers and water supply licensees

         1. 68. Duties of water undertakers and water supply licensees with respect to water quality.

         2. 69. Regulations for preserving water quality.

         3. 70. Offence of supplying water unfit for human consumption.

      3. Waste, contamination, misuse etc.

         1. 71. Waste from water sources.

         2. 72. Contamination of water sources.

         3. 73. Offences of contaminating, wasting and misusing water etc.

         4. 74. Regulations for preventing contamination, waste etc. and with respect to water fittings.

         5. 75. Power to prevent damage and to take steps to prevent contamination, waste etc.

         6. 76. Temporary bans on use

         7. 76A. Temporary bans: supplemental

         8. 76B. Temporary bans: procedure

         9. 76C. Orders under sections 76 and 76A

      4. Local authority functions

         1. 77. General functions of local authorities in relation to water quality.

         2. 78. Local authority functions in relation to undertakers’ supplies.

         3. 79. Local authority functions where piped supplies insufficient or unwholesome.

         4. 80. Remedial powers of local authorities in relation to private supplies.

         5. 81. Confirmation of private supply notices.

         6. 82. Enforcement and variation of private supply notice.

         7. 83. Application of certain powers to local authorities in relation to private supplies.

         8. 84. Local authority rights of entry etc.

         9. 85. Local authority power to obtain information for the purposes of functions under Chapter III.

      5. Assessors for the enforcement of water quality

         1. 86. Assessors for the enforcement of water quality.

         2. 86ZA. Charging of fees

      6. Complaints

         1. 86A. Procedure for dealing with complaints.

   5. CHAPTER IV FLUORIDATION

      1. 87. Fluoridation of water supplies

      2. 87A. Target concentration of fluoride

      3. 87B. Fluoridation arrangements: determination of terms

      4. 87C. Fluoridation arrangements: compliance

      5. 88. Power to vary permitted fluoridation agents.

      6. 88A. Power to vary target concentration of fluoride

      7. 88B. Requirement for fluoridation proposal: England

      8. 88C. Initial consultation etc. on fluoridation proposal

      9. 88D. Additional requirements where other local authorities affected

      10. 88E. Decision on fluoridation proposal

      11. 88F. Decision-making procedure: exercise of functions by committee

      12. 88G. Secretary of State's duty in relation to fluoridation proposal

      13. 88H. Payments by local authorities towards fluoridation costs

      14. 88I. Variation or termination of arrangements under section 87(1)

      15. 88J. Initial consultation etc. on variation or termination proposal

      16. 88K. Additional requirements where other local authorities affected

      17. 88L. Decision on variation or termination proposal

      18. 88M. Decision-making procedure: exercise of functions by committee

      19. 88N. Secretary of State's duty in relation to requests for variation or termination

      20. 88O. Power to make regulations as to maintenance of section 87 arrangements

      21. 89. Consultation:Wales

      22. 90. Indemnities in respect of fluoridation.

      23. 90A. Review of fluoridation

      24. 91. Pre-1985 fluoridation schemes.

   6. CHAPTER V SUPPLEMENTAL PROVISIONS OF PART III

      1. 92. Power to give effect to international obligations.

      2. 93. Interpretation of Part III.

6. PART IIIA Promotion of the Efficient Use of Water

   1. 93A. Duty to promote the efficient use of water.

   2. 93B. Power of Authority to impose requirements on water undertakers.

   3. 93C. Publicity of requirements imposed under section 93B.

   4. 93D. Information as to compliance with requirements under section 93B.

7. Part IV SEWERAGE SERVICES

   1. chapter I GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS etc

      1. Principal duties and standards of performance

         1. 94. General duty to provide sewerage system.

         2. 95. Standards of performance in connection with provision of sewerage services.

         3. 95A. Information with respect to levels of performance.

         4. 95B. Publication of statistical information about complaints

         5. 96. Procedure for regulations under section 95.

         6. 96ZA. Procedure for regulations under section 95ZA

         7. 96A. Information to be given to customers about overall performance.

      2. Performance of sewerage undertaker’s functions by local authorities etc.

         1. 97. Performance of sewerage undertaker’s functions by local authorities etc.

   2. chapter II PROVISION OF SEWERAGE SERVICES

      1. Requisition of public sewer

         1. 98. Duty to comply with sewer requisition.

         2. 99. Financial conditions of compliance.

         3. 100. Calculation of “relevant deficit” for the purposes of section 99.

         4. 100A. Calculation of “discounted aggregate deficit” for the purposes of section 99

         5. 101. Determination of completion date and route for requisitioned sewer or lateral drain.

      2. Provision of public sewers otherwise than by requisition

         1. 101A. Further duty to provide sewers.

         2. 101B. Power to construct lateral drains following provision of public sewer

      3. Adoption etc. of sewers and disposal works

         1. 102. Adoption of sewers and disposal works.

         2. 103. Adoption of cross-border sewers etc.

         3. 104. Agreements to adopt sewer, drain or sewage disposal works, at future date

         4. 105. Appeals with respect to adoption.

         5. 105ZA. Adoption at a future date: orders by Authority

         6. 105ZB. Variation and termination of section 104 agreements

         7. 105ZC. Codes in respect of section 104 agreements

         8. 105ZD. Codes under section 105ZC: procedure

         9. 105ZE. Codes under section 105ZC: minor or urgent revisions

         10. 105ZF. Rules about charges in connection with a section 104 agreement

         11. 105ZG. Rules under section 105ZF: procedure

         12. 105ZH. Rules under section 105ZF: minor or urgent revisions

         13. 105ZI. Rules under section 105ZF: guidance

         14. 105A. Schemes for the adoption of sewers, lateral drains and sewage disposal works

         15. 105B. Adoption schemes: appeals

         16. 105C. Adoption schemes: supplementary

      4. Communication of drains and private sewers with public sewers

         1. 106. Right to communicate with public sewers.

         2. 106B. Requirement to enter into agreement before construction

         3. 107. Right of sewerage undertaker to undertake the making of communications with public sewers.

         4. 108. Communication works by person entitled to communication.

         5. 109. Unlawful communications.

      5. Connections between public sewers

         1. 110. Determination of disputes with respect to cross boundary sewers.

         2. 110A. New connections with public sewers.

      6. Provisions protecting sewerage system

         1. 111. Restrictions on use of public sewers.

         2. 112. Requirement that proposed drain or sewer be constructed so as to form part of general system.

         3. 113. Power to alter drainage system of premises in area.

         4. 114. Power to investigate defective drain or sewer.

      7. Sustainable drainage

         1. 114A. Drainage systems relieving public sewers

      8. Use of pipes for sewerage purposes

         1. 115. Use of highway drains as sewers and vice versa.

         2. 116. Power to close or restrict use of public sewer.

      9. Complaints

         1. 116A. Procedures for dealing with complaints.

      10. Interpretation of Chapter II

          1. 117. Interpretation of Chapter II.

   3. Chapter 2A Duties relating to sewerage services: sewerage licensees

      1. Duties of sewerage undertakers as regards enabling the provision of sewerage services

         1. 117A. Use of undertaker's sewerage system

         2. 117B. Matter dealt with by sewerage undertaker

         3. 117C. Removal of matter from sewerage system by a sewerage licensee

         4. 117D. Connections for the purposes of a disposal authorisation

         5. 117E. Agreements as to duties under sections 117A to 117D

         6. 117F. Codes in respect of section 117E agreements

         7. 117G. Codes under section 117F: procedure

         8. 117H. Codes under section 117F: minor or urgent revisions

         9. 117I. Rules about charges

         10. 117J. Rules about charges: provision about the reduction of charges

         11. 117K. Rules under section 117I: procedure

         12. 117L. Rules under section 117I: minor or urgent revisions

         13. 117M. Rules under section 117I: guidance

         14. 117N. Designation of strategic sewerage provision

         15. 117O. Designation of collective strategic sewerage provision

      2. Offences

         1. 117P. Prohibition on unauthorised use of sewerage system

         2. 117Q. Prohibition on unauthorised removal of matter from sewerage system

         3. 117R. Sections 117P and 117Q: exemptions

         4. 117S. Section 117R: supplementary

   4. CHAPTER III TRADE EFFLUENT

      1. Consent for discharge of trade effluent into public sewer

         1. 118. Consent required for discharge of trade effluent into public sewer.

      2. Consents on an application

         1. 119. Application for consent.

         2. 120. Applications for the discharge of special category effluent.

         3. 121. Conditions of consent.

         4. 122. Appeals to the Authority with respect to decisions on applications etc.

         5. 123. Appeals with respect to the discharge of special category effluent.

         6. 124. Variation of consents.

         7. 125. Variations within time limit.

         8. 126. Appeals with respect to variations of consent.

         9. 127. Review by the appropriate agency of consents relating to special category effluent.

      3. Application for variation of time for discharge

         1. 128. Application for variation of time for discharge.

      4. Agreements with respect the disposal etc. of trade effluent

         1. 129. Agreements with respect to the disposal etc of trade effluent.

         2. 130. Reference to the appropriate agency of agreements relating to special category effluent.

         3. 131. Review by the appropriate agency of agreements relating to special category effluent.

      5. References and reviews relating to special category effluent

         1. 132. Powers and procedure on references and reviews.

         2. 133. Effect of determination on reference or review.

         3. 134. Compensation in respect of determinations made for the protection of public health etc.

      6. Supplemental provisions of Chapter III

         1. 135. Restrictions on power to fix charges under Chapter III.

         2. 135A. Power of the appropriate agency to acquire information for the purpose of its functions in relation to special category effluent.

         3. 136. Evidence from meters etc.

         4. 137. Statement of case on appeal.

         5. 138. Meaning of “special category effluent”.

         6. 139. Power to apply Chapter III to other effluents.

         7. 140. Pre-1989 Act authority for trade effluent discharges etc.

      7. Interpretation of Chapter III

         1. 141. Interpretation of Chapter III.

8. Part V FINANCIAL PROVISIONS

   1. CHAPTER I CHARGES

      1. Manner of fixing charges

         1. 142. Powers of undertakers to charge.

         2. 143. Charges schemes.

         3. 143A. Regulations as to provisions to be included in charges schemes.

         4. 143B. Rules about charges schemes

         5. 143C. Rules under section 143B: procedure

         6. 143D. Rules under section 143B: minor or urgent revisions

         7. 143E. Rules under section 143B: guidance

         8. 144. Liability of occupiers etc. for charges.

      2. Rules about undertakers' charges

         1. 144ZA. Rules about charges for connections etc

         2. 144ZB. Rules under section 144ZA: procedure

         3. 144ZC. Rules under section 144ZA: minor or urgent revisions

         4. 144ZD. Rules under section 144ZA: guidance

      3. General guidance on charges

         1. 144ZE. General guidance on charges

         2. 144ZF. Guidance under section 144ZE: procedure

      4. Restrictions on charging

         1. 144A. Right of consumer to elect for charging by reference to volume.

         2. 144B. Restriction on undertakers’ power to require fixing of charges by reference to volume.

         3. 144C. Non-owner occupiers

      5. General restrictions on charging

         1. 145. Charging by reference to rateable value.

         2. 146. Connection charges etc. and charges for highway drainage.

         3. 147. Charging for emergency use of water.

      6. Metering

         1. 148. Restriction on charging for metering works.

         2. 149. Further provision relating to charging by volume.

      7. Charging for services provided with the help of an undertaker

         1. 150. Fixing maximum charges for services provided with the help of undertakers’ services.

         2. 150A. Billing disputes.

      8. Interpretation of Chapter I

         1. 150B. Meaning of “consumer” in Chapter I.

   2. CHAPTER II FINANCIAL ASSISTANCE FOR UNDERTAKERS

      1. 151. Financial contributions to rural services.

      2. 152. Grants for national security purposes.

      3. 153. Government financial assistance where special administration orders made.

      4. 154. Guarantees under section 153.

      5. 154A. Financial assistance to reduce charges

      6. 154B. Financial assistance for major works

9. Part VI UNDERTAKERS ’ POWERS AND WORKS

   1. CHAPTER I UNDERTAKERS’ POWERS

      1. Powers in relation to land

         1. 155. Compulsory purchase.

         2. 156. Restriction on disposals of land.

         3. 157. Byelaws with respect to undertakers’ waterways and land.

      2. Pipe-laying

         1. 158. Powers to lay pipes in streets.

         2. 159. Power to lay pipes in other land.

      3. Other works powers

         1. 160. Power to carry out works for sewerage purposes.

         2. 161. Power to deal with foul water and pollution.

         3. 162. Works in connection with metering.

         4. 163. Power to fit stopcocks.

         5. 164. Agreements for works with respect to water sources.

      4. Powers to discharge water

         1. 165. Discharges for works purposes.

         2. 166. Consents for certain discharges under section 165.

      5. Compulsory works orders

         1. 167. Compulsory works orders.

      6. Entry to land etc. by water undertakers

         1. 168. Entry for works purposes.

         2. 169. Power to carry out surveys and to search for water.

         3. 170. Entry etc. for other purposes.

         4. 171. Entry for sewerage purposes.

         5. 172. Entry for metering purposes.

         6. 173. Impersonation of persons entitled to entry.

   2. CHAPTER II PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.

      1. Protection of apparatus in general

         1. 174. Offences of interference with works etc.

      2. Protection of meters

         1. 175. Offence of tampering with meter.

         2. 176. Consent for the purposes of section 175.

         3. 177. Financial obligations with respect to any interference with a meter.

      3. Obstruction of sewerage works etc.

         1. 178. Obstruction of sewerage works etc.

   3. CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

      1. Vesting of works in undertaker

         1. 179. Vesting of works in undertaker.

      2. Damage etc. caused by works

         1. 180. Compensation for damage caused by works etc.

         2. 181. Complaints with respect to the exercise of works powers on private land.

         3. 182. Codes of practice with respect to work on private land.

      3. Protective provisions

         1. 183. Protection for particular undertakings.

         2. 184. Power of certain undertakers to alter public sewers etc.

         3. 185. Duty to move pipes etc. in certain cases.

         4. 186. Protective provisions in respect of flood defence works and watercourses etc.

         5. 187. Works in tidal lands etc.

         6. 188. Mineral rights.

         7. 189. Power to sell minerals deriving from sewerage works.

         8. 190. Saving for planning controls.

         9. 191. Duties to make recreational facilities available when building reservoirs in Wales.

      4. Interpretation of Part VI

         1. 192. Interpretation of Part VI.

10. Part VII INFORMATION PROVISIONS

    1. Reports

       1. 192A. Forward work programmes

       2. 192B. Annual and other reports

       3. 193. Reports by Director.

       4. 194. Reports by customer service committees.

    2. Registers, maps etc.

       1. 195. The Director’s register.

       2. 195A. Reasons for decisions

       3. 196. Trade effluent registers.

       4. 197. Register for the purposes of works discharges.

       5. 198. Maps of waterworks.

       6. 199. Sewer maps.

       7. 200. Provision of sewer maps to local authorities.

    3. Publication of certain information and advice

       1. 201. Publication of certain information and advice.

    4. Powers to acquire and duties to provide information

       1. 202. Duties of undertakers to furnish the Secretary of State with information.

       2. 203. Power to acquire information for enforcement purposes.

       3. 204. Provision of information to sewerage undertakers with respect to trade effluent discharges.

       4. 205. Exchange of metering information between undertakers.

    5. Restriction on disclosure of information

       1. 206. Restriction on disclosure of information.

    6. Provision of false information

       1. 207. Provision of false information.

11. Part 7A Further provision about regulation

    1. Appeals relating to revisions of codes

       1. 207A. Appeals to the CMA

       2. 207B. Procedure on appeals

       3. 207C. Determination of appeals

12. Part VIII MISCELLANEOUS AND SUPPLEMENTAL

    1. Miscellaneous

       1. 208. Directions in the interests of national security.

       2. 209. Civil liability of undertakers for escapes of water etc.

       3. 209A. Rights of tenants in relation to metering.

    2. Offences

       1. 210. Offences by bodies corporate.

       2. 211. Limitation on right to prosecute in respect of sewerage offences.

    3. Judicial disqualification

       1. 212. Judicial disqualification.

    4. Powers to make regulations

       1. 213. Powers to make regulations.

       2. 214. Power to prescribe forms.

    5. Local inquiries

       1. 215. Local inquiries.

    6. Construction of Act

       1. 216. Provisions relating to the service of documents.

       2. 217. Construction of provision conferring powers by reference to undertakers’ functions.

       3. 218. Meaning of “domestic purposes” in relation to water supply.

       4. 219. General interpretation.

       5. 220. Effect of local Acts.

    7. Other supplemental provisions

       1. 221. Crown application.

       2. 222. Application to the Isles of Scilly.

       3. 223. Short title, commencement and extent.

13. Water Industry Act 1991

    1. SCHEDULE 1

       1. Remuneration, pensions etc.

          1. 1. (1) There shall be paid to the Director such remuneration,...

       2. Staff

          1. 2. (1) The Director may, with the approval of the Treasury...

       3. Expenses of the Director and his staff

          1. 3. There shall be paid out of money provided by Parliament—...

       4. Official seal

          1. 4. The Director shall have an official seal for the authentication...

       5. Documentary evidence

          1. 5. The Documentary Evidence Act 1868 shall have effect as if...

    2. SCHEDULE 1A

       The Water Services Regulation Authority

       1. Membership

          1. 1. (1) The Authority shall consist of a chairman, and at...

       2. Terms of appointment, remuneration, pensions etc

          1. 2. (1) Subject to this Schedule, the chairman and other members...

       3. Terms of appointment, remuneration, pensions etc

          1. 3. (1) An appointment of a person to hold office as...

       4. Terms of appointment, remuneration, pensions etc

          1. 4. (1) The Authority shall pay to its chairman and its...

       5. Staff

          1. 5. The Authority may, with the approval of the Minister for...

       6. Committees

          1. 6. (1) The Authority may establish committees and any committee of...

       7. Proceedings etc

          1. 7. (1) The Authority may regulate its own procedure.

       8. Proceedings etc

          1. 8. A document purporting to be duly executed under the seal...

       9. Code of Practice

          1. 9. (1) The Authority shall prepare, and may revise, a code...

       10. Performance of functions

           1. 10. (1) Anything authorised or required to be done by the...

       11. Payments to the Authority

           1. 11. The Secretary of State shall make payments out of money...

       12. Supplementary powers

           1. 12. (1) The Authority has power to do anything which is...

    3. SCHEDULE 2

       Transitional Provision on Termination of Appointments

       1. Cases where Schedule applies

          1. 1. (1) This Schedule shall apply in each of the cases...

       2. Making and modification of transfer schemes

          1. 2. (1) The existing appointee, acting with the consent of the...

       3. Transfers by scheme

          1. 3. (1) A scheme under this Schedule for the transfer of...

       4. Transfer of appointment

          1. 4. (1) Where a scheme under this Schedule is made in...

       5. Exclusion of transfer of licence

          1. 4A. Where a scheme under this Schedule is made in the...

       6. Supplemental provisions of schemes

          1. 5. (1) A scheme under this Schedule may contain supplemental, consequential...

       7. Duties of existing appointee after the scheme comes into force

          1. 6. (1) A scheme under this Schedule may provide for the...

       8. Further transitional provision and local statutory provisions

          1. 7. (1) The Secretary of State may, if he thinks it...

    4. SCHEDULE 2A

       WATER SUPPLY LICENCES: AUTHORISATIONS

       1. Operation of the authorisations in England and Wales

          1. 1. In the descriptions of the following authorisations, a reference to...

          2. 2. In the descriptions of the following authorisations, a reference to...

       2. Retail authorisation

          1. 3. A retail authorisation given by a water supply licence is...

          2. 4. None of the premises supplied by a water supply licensee...

       3. Wholesale authorisation

          1. 5. A wholesale authorisation given by a water supply licence is...

       4. Restricted retail authorisation

          1. 6. A restricted retail authorisation given by a water supply licence...

          2. 7. The following requirements must be satisfied in relation to each...

       5. Supplementary authorisation

          1. 8. A supplementary authorisation given by a water supply licence is...

       6. Enforcement and guidance

          1. 9. The requirements in paragraphs 4 and 7 are enforceable by...

          2. 10. (1) The Authority may from time to time, with the...

       7. Interpretation

          1. 11. For the purposes of this Schedule, a person (A) is...

          2. 12. In paragraph 11 “ subsidiary ” has the meaning given...

    5. SCHEDULE 2B

       SEWERAGE LICENCES: AUTHORISATIONS

       1. Retail authorisation

          1. 1. A retail authorisation given by a sewerage licence is an...

          2. 2. None of the premises served by a sewerage licensee under...

          3. 3. The requirement in paragraph 2 is enforceable by the Authority...

          4. 4. The Authority may from time to time, with the approval...

       2. Wholesale authorisation

          1. 5. A wholesale authorisation given by a sewerage licence is an...

       3. Disposal authorisation

          1. 6. A disposal authorisation given by a sewerage licence is an...

          2. 7. If a sewerage licensee with a disposal authorisation has, or...

       4. Interpretation

          1. 8. For the purposes of this Schedule, a person (A) is...

          2. 9. In paragraph 8 “ subsidiary ” has the meaning given...

    6. SCHEDULE 3

       SPECIAL ADMINISTRATION ORDERS

       1. Part I MODIFICATIONS OF THE 1986 ACT

          1. General application of provisions of 1986 Act

             1. 1. Where a special administration order has been made, sections 11...

          2. Effect of order

             1. 2. In section 11 of the 1986 Act (effect of order),...

          3. Appointment of special administrator

             1. 3. In section 13 of the 1986 Act (appointment of administrator),...

          4. General powers of special administrator

             1. 4. In section 14 of the 1986 Act (general powers of...

          5. Power to deal with charged property

             1. 5. (1) Section 15 of the 1986 Act (power to deal...

          6. Duties of special administrator

             1. 6. (1) Section 17 of the 1986 Act (duties of administrator),...

          7. Discharge of order

             1. 7. (1) Section 18 of the 1986 Act (discharge and variation...

          8. Notice of making of order

             1. 8. In section 21(2) of the 1986 Act (notice of order...

          9. Statement of proposals

             1. 9. In section 23 of the 1986 Act (statement of proposals),...

          10. Applications to court

              1. 10. (1) Section 27 of the 1986 Act (protection of interests...

       2. Part II SUPPLEMENTAL

          1. General adaptations and saving

             1. 11. (1) Subject to the preceding provisions of this Schedule, references...

          2. Interpretation

             1. 12. (1) In this Schedule “the 1986 Act” means the Insolvency...

    7. SCHEDULE 3A

       The Consumer Council for Water

       1. Membership of Council

          1. 1. (1) The Council shall consist of— (a) a chairman appointed...

       2. Membership of Council

          1. 2. (1) A person holding office as chairman or other member...

       3. Terms of appointment, remuneration, pensions etc

          1. 3. The Council shall pay to the chairman and other members...

       4. Terms of appointment, remuneration, pensions etc

          1. 4. (1) If the Secretary of State so determines in the...

       5. Members appointed by Assembly

          1. 5. In relation to any member of the Council appointed by...

       6. Staff

          1. 6. (1) The Council shall, with the approval of the Secretary...

       7. Annual reports

          1. 7. (1) As soon as practicable after the end of each...

       8. Financial provisions and accounts

          1. 8. (1) It shall be the duty of the Council to...

       9. Financial provisions and accounts

          1. 9. (1) The Council shall prepare, in respect of each financial...

       10. Financial provisions and accounts

           1. 10. The Secretary of State and the Assembly shall pay to...

       11. Regional committees

           1. 11. (1) The Council shall not establish or abolish a regional...

       12. Regional committees

           1. 12. (1) A regional committee of the Council shall consist of—...

       13. Regional committees

           1. 13. (1) If the appropriate authority so determines in the case...

       14. Regional committees

           1. 14. In paragraphs 11 to 13 above the “ appropriate authority...

       15. Other committees

           1. 15. (1) The Council may establish committees other than regional committees...

       16. Other committees

           1. 16. (1) If the Secretary of State so determines in the...

       17. Performance of functions of the Council

           1. 17. Anything authorised or required to be done by the Council...

       18. Performance of functions of the Council

           1. 18. The validity of anything done by the Council is not...

       19. Supplementary powers

           1. 19. (1) The Council shall have power to do anything which...

       20. First financial year of the Council

           1. 20. (1) If the period beginning with the day on which...

       21. Compensation for members of customer service committees

           1. 21. The Authority may pay to any person who immediately before...

    8. SCHEDULE 4

       1. Sub-committees

          1. 1. A customer service committee may, with the approval of the...

       2. Remuneration, pensions etc. of the chairman of a customer service committee

          1. 2. (1) There shall be paid to the chairman of a...

       3. Expenses of other members of a customer service committee etc.

          1. 3. Subject to paragraph 2 above, neither the members of a...

       4. Staff

          1. 4. (1) The Director may, with the approval of the Treasury...

       5. Financial provisions

          1. 5. (1) The following shall be paid by the Director out...

    9. SCHEDULE 4ZA

       Application of provisions of Enterprise Act 2002 to mergers of water enterprises

       1. 1. Part 3 of the 2002 Act (and any other provisions...

       2. 2. The modifications made by virtue of paragraph 1 above shall...

       3. 2A. Where a reference is made to the chair of the...

       4. 3. (1) The first questions to be decided by the CMA...

       5. 4. (1) In deciding, on a merger reference under section 32(a)...

       6. 5. (1) No enforcement action shall be taken on a merger...

       7. 6. If, on a merger reference under section 32(b) of this...

       8. 7. (1) For the purposes of this Schedule a benefit is...

       9. 8. In this Schedule— “ customers ”, “ goods ”, “...

    10. Schedule 4A

        Premises that are not to be disconnected for non-payment of charges

        1. 1. (1) Any dwelling which is occupied by a person as...

        2. 2. (1) Any house in multiple occupation which does not constitute...

        3. 3. (1) Accommodation for the elderly in which a person has...

        4. 4. A hospital as defined by section 275 of the National...

        5. 5. Premises used for the provision of medical services by a...

        6. 6. Premises used for the provision of dental services by a...

        7. 7. Premises not falling within paragraph 5 or 6 above which...

        8. 8. (1) A care home or independent hospital.

        9. 9. A children’s home within the meaning of the Care Standards...

        10. 10. A school within the meaning of the Education Act 1996....

        11. 10A. A 16 to 19 Academy.

        12. 11. (1) Premises used by an institution within the further education...

        13. 12. (1) Premises in England which are used for the provision...

        14. 13. (1) A prison or removal centre .

        15. 14. Premises occupied for the purposes of a police force.

        16. 15. Premises occupied for the purposes of a fire and rescue...

        17. 16. Premises occupied for the purposes of the provision of an...

    11. SCHEDULE 5

        PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLY

        1. Applications for orders

           1. 1. (1) Where the Authority or a water undertaker applies to...

        2. Supply of copies of draft orders

           1. 2. The applicant for an order under section 65(5) of this...

        3. Modifications of proposals

           1. 3. (1) On an application for an order under section 65(5)...

        4. Consideration of objections etc.

           1. 4. Where an application for an order to which this Schedule...

    12. SCHEDULE 6

        SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY

        1. Part I RIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES

           1. Notice of entry

              1. 1. (1) Where this Part of this Schedule applies to any...

           2. Warrants to exercise right

              1. 2. (1) Subject to sub-paragraph (3) below, if it is shown...

           3. Supplementary power of person making entry

              1. 3. Any person entitled to enter any premises by virtue of...

           4. Obstruction of person exercising right

              1. 4. Any person who wilfully obstructs any person upon whom a...

           5. Duty of persons exercising rights to maintain confidentiality

              1. 5. (1) Without prejudice to section 206 of this Act and...

        2. Part II OTHER RIGHTS OF ENTRY AND RELATED POWERS

           1. Notice of entry

              1. 6. (1) Without prejudice to any power exercisable by virtue of...

           2. Warrant to exercise right or power

              1. 7. (1) If it is shown to the satisfaction of a...

           3. Manner of exercise of right or power

              1. 8. A person designated as the person who may exercise any...

           4. Supplementary powers of person making entry etc.

              1. 9. A person authorised to enter any premises by virtue of...

           5. Duty to secure premises

              1. 10. A person who enters any premises in the exercise of...

           6. Compensation

              1. 11. (1) Where any person exercises any right or power to...

           7. Obstruction of person exercising right or power

              1. 12. A person who intentionally obstructs another person acting in the...

           8. Interpretation of Part II

              1. 13. (1) In this Part of this Schedule “relevant authority”, in...

    13. SCHEDULE 7

        PRE-1985 FLUORIDATION SCHEMES

        1. Operation of pre-1985 schemes

           1. 1. (1) Where in pursuance of any such arrangements entered into...

        2. Supplies by other undertakers and revocation or variation of scheme

           1. 2. (1) Where a water undertaker is operating a fluoridation scheme...

        3. Publicity and consultation

           1. 3. (1) Section 89 of this Act (including the power of...

    14. SCHEDULE 8

        PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC.

        1. Trade effluent agreements

           1. 1. Nothing in Chapter III of Part IV of this Act...

        2. Authorisations having effect as deemed consents under the Control of Pollution Act 1974

           1. 2. (1) Where, by virtue of section 43(2) of the Control...

        3. Appeals in respect of consents under paragraph 2

           1. 3. (1) A person on whom notice is served in pursuance...

        4. Determinations of disputes as to transitional matters

           1. 4. (1) Any dispute in so far as it—

        5. Regulations as to residue of agreements

           1. 5. The Secretary of State may by regulations make provisions in...

    15. SCHEDULE 9

        MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTS

        1. Compensation enactments

           1. 1. Subject to the following provisions of this Schedule, the enactments...

        2. Adaptation of the Compulsory Purchase Act 1965

           1. 2. The Compulsory Purchase Act 1965 (in the following provisions of...

        3. Section 7 of the 1965 Act

           1. 3. For section 7 of the 1965 Act (measure of compensation)...

        4. Section 8 of the 1965 Act

           1. 4. For subsection (1) of section 8 of the 1965 Act...

        5. Effect of deed poll

           1. 5. The following provisions of the 1965 Act (being provisions stating...

        6. Section 11 of the 1965 Act

           1. 6. Section 11 of the 1965 Act (powers of entry) shall...

        7. Section 20 of the 1965 Act

           1. 7. Section 20 of the 1965 Act (protection for interests of...

        8. Section 22 of the 1965 Act

           1. 8. Section 22 of the 1965 Act (protection of acquiring authority’s...

    16. SCHEDULE 10

        PROCEDURE RELATING TO BYELAWS UNDER SECTION 157

        1. Confirmation of byelaws

           1. 1. (1) No byelaw made by a relevant undertaker under section...

        2. Confirmation with or without modifications

           1. 2. (1) The Secretary of State, with or without a local...

        3. Commencement of byelaw

           1. 3. (1) The Secretary of State may fix the date on...

        4. Availability of confirmed byelaws

           1. 4. (1) Every byelaw made by a relevant undertaker and confirmed...

        5. Revocation of byelaws

           1. 5. Without prejudice to subsection (5) of section 157 of this...

        6. Proof of byelaws etc.

           1. 6. The production of a printed copy of a byelaw purporting...

    17. SCHEDULE 11

        ORDERS CONFERRING COMPULSORY WORKS POWERS

        1. Applications for orders

           1. 1. (1) Where a water undertaker applies to the Secretary of...

        2. Supply of copies of draft orders

           1. 2. A water undertaker applying for a compulsory works order shall,...

        3. Powers on an application

           1. 3. (1) On an application for a compulsory works order, the...

        4. Consideration of objections etc.

           1. 4. (1) If, where an application for a compulsory works order...

        5. Notice after making of order

           1. 5. (1) As soon as practicable after a compulsory works order...

        6. Compulsory acquisition provisions

           1. 6. (1) Without prejudice to the provisions of Schedule 14 to...

        7. Compensation in certain cases of compulsory acquisition

           1. 7. Where— (a) in connection with any engineering or building operations...

        8. Compensation in respect of powers other than acquisition powers

           1. 8. (1) If the value of any interest in any relevant...

        9. Protection of public undertakings

           1. 9. The provisions of section 186 of this Act and of...

        10. Interpretation

            1. 10. In this Schedule— “bridleway” and “footpath” have the same meanings...

    18. SCHEDULE 12

        COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS

        1. Compensation in respect of street works powers

           1. 1. (1) This paragraph applies, in relation to a relevant undertaker,...

        2. Compensation in respect of pipe-laying works in private land

           1. 2. (1) If the value of any interest in any relevant...

        3. Assessment of compensation under paragraph 2

           1. 3. (1) Any question of disputed compensation under paragraph 2 above...

        4. Compensation in respect of sewerage works etc.

           1. 4. (1) Subject to the following provisions of this paragraph, a...

        5. Compensation in respect of metering works

           1. 5. (1) Without prejudice to section 148 of this Act or...

        6. Compensation in respect of discharges for works purposes

           1. 6. (1) It shall be the duty of every water undertaker—...

    19. SCHEDULE 13

        PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS

        1. Part I PROVISIONS APPLYING GENERALLY

           1. General provisions protecting undertakings

              1. 1. (1) Nothing in this Act conferring power on a relevant...

           2. Protection for statutory powers and jurisdiction

              1. 2. Nothing in any provision of this Act conferring power on...

           3. Special protection for certain undertakings in respect of street works

              1. 3. (1) Subject to the following provisions of this paragraph and...

           4. Protection for telecommunication systems

              1. 4. Paragraph 23 of Schedule 2 to the Telecommunications Act 1984...

        2. Part II FURTHER PROTECTIVE PROVISIONS IN RESPECT OF SEWERAGE POWERS

           1. Protection for dock undertakers

              1. 5. (1) Subject to the provisions of this paragraph, nothing in...

           2. Protection for airports, railways etc.

              1. 6. (1) Subject to the provisions of this paragraph, nothing in...

           3. Saving for Part I and other powers

              1. 7. The provisions of this Part of this Schedule are without...

    20. SCHEDULE 14

        MINERAL RIGHTS

        1. Acquisition of mineral rights

           1. 1. (1) This paragraph applies in each of the following cases,...

        2. Notice required for the working of underlying mines

           1. 2. (1) If the owner of any mines or minerals underlying...

        3. Mining communications

           1. 3. (1) If the working of any mines or minerals is...

        4. Compensation relating to severance

           1. 4. (1) Where mines or minerals underlying any part of a...

        5. Powers of entry

           1. 5. (1) Any person designated in writing for the purpose by...

        6. No exemption for injury to mines and minerals

           1. 6. Nothing in any provision of this Act or of any...

        7. Interpretation

           1. 7. (1) In this Schedule— “conveyance” has the same meaning as...

    21. SCHEDULE 15

        DISCLOSURE OF INFORMATION

        1. Part I PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE

        2. Part II ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE

    22. SCHEDULE 16

        PROCEDURE ON APPEALS UNDER SECTION 207A

        1. Regulations as to procedure

           1. 1. The Secretary of State may by regulations make provision about...

        2. Particular provision

           1. 2. Regulations under this Schedule may in particular make provision about—...

        3. Consideration and determination of appeals

           1. 3. (1) Regulations under this Schedule may make provision about—

        4. Evidence

           1. 4. (1) Regulations under this Schedule may make provision about—

           2. 5. (1) Regulations under this Schedule may provide for penalties to...

        5. Appeal rules

           1. 6. (1) The CMA may make rules regulating the conduct and...

        6. Interpretation

           1. 7. In this Schedule— “ appeal ” means an appeal under...

    23. Table of Derivations