Water Industry Act 1991

[F1 PART IIIA E+W Promotion of the Efficient Use of Water

Textual Amendments

F1 Part IIIA (ss. 93A-93D) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 102 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

93A Duty to promote the efficient use of water. E+W

(1) It shall be the duty of every water undertaker [F2 or licensed water supplier] to promote the efficient use of water by its customers.

(2) The duty of a water undertaker [F2 or licensed water supplier] under this section shall be enforceable under section 18 above—

(a) by the Secretary of State; or

(b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

(3) Nothing in this Part shall have effect to authorise or require a water undertaker [F2 or licensed water supplier] to impose any requirement on any of its customers or potential customers.

Textual Amendments

F2 Words in s. 93A(1)(2)(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 29; S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

93B Power of Director to impose requirements on water undertakers. E+W

(1) The Director may require a water undertaker [F3 or licensed water supplier] , in its performance of its duty under section 93A above, to—

(a) take any such action; or

(b) achieve any such overall standards of performance,

as he may specify in the document imposing the requirement.

(2) Where the Director, in the document imposing a requirement on a water undertaker [F4 or licensed water supplier] under subsection (1) above, stipulates that any contravention of the requirement by the undertaker [F5 or supplier] will be a breach of its duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty.

(3) Without prejudice to the generality of subsection (1) above, a requirement under that subsection may—

(a) require a water undertaker [F6 or licensed water supplier] to make available to its customers or potential customers such facilities as may be specified in the document imposing the requirement;

(b) require a water undertaker [F6 or licensed water supplier] to provide or make available to its customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.

(4) In exercising his powers under this section in relation to any water undertaker [F7 or licensed water supplier] the Director shall have regard to the extent to which water resources are available to that undertaker [F8 or supplier] .

(5) Before imposing any requirement on a water undertaker [F9 or licensed water supplier] under subsection (1) above the Director shall consult that undertaker [F10 or supplier] .

(6) Nothing in this section authorises the Director to impose any requirement on a water undertaker [F11 or licensed water supplier] which has or may have the effect of authorising or requiring that undertaker [F12 or supplier] to impose any requirement on any of its customers or potential customers.

Textual Amendments

F3 Words in s. 93B(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F4 Words in s. 93B(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(3)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F5 Words in s. 93B(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(3)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F6 Words in s. 93B(3)(a)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F7 Words in s. 93B(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(5)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F8 Words in s. 93B(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(5)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F9 Words in s. 93B(5) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(6)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F10 Words in s. 93B(5) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(6)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F11 Words in s. 93B(6) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(7)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F12 Words in s. 93B(6) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(7)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

93C Publicity of requirements imposed under section 93B. E+W

(1) Where, under section 93B(1) above, the Director imposes any requirement on a water undertaker [F13 or licensed water supplier] , the Director may arrange for that requirement to be publicised in any such manner as he may consider appropriate for the purpose of bringing it to the attention of that undertaker’s [F14 or supplier's] customers.

(2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such publicising of the requirement as is mentioned in that subsection by—

(a) himself publicising the requirement or causing it to be publicised; or

(b) directing the undertaker [F15 or supplier] to inform or arrange to inform its customers of the requirement.

Textual Amendments

F13 Words in s. 93C(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 31(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F14 Words in s. 93C(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 31(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F15 Words in s. 93C(2)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 31(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

93D Information as to compliance with requirements under section 93B. E+W

(1) Where a water undertaker [F16 or licensed water supplier] is subject to any requirement imposed under section 93B(1) above, the Director may arrange for there to be given to the customers of that undertaker [F17 or supplier] at any such times or with such frequency, and in any such manner, as he may consider appropriate, such information about the level of performance achieved by the undertaker [F18 or supplier] in relation to that requirement as appears to the Director to be expedient to be given to those customers.

(2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such giving of information as is mentioned in that subsection by—

(a) himself disseminating the information or causing it to be disseminated; or

(b) directing the undertaker [F19 or supplier] to give or arrange to give the information to its customers.

(3) At such times and in such form or manner as the Director may direct, a water undertaker [F20 or licensed water supplier] shall provide the Director with such information as may be specified in the direction in connection with the undertaker’s [F21 or supplier's] performance in relation to any requirement imposed upon the undertaker [F22 or supplier] under section 93B(1) above.

(4) A water undertaker [F23 or licensed water supplier] who fails without reasonable excuse to do anything required of him by virtue of subsection (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F16 Words in s. 93D(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F17 Words in s. 93D(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F18 Words in s. 93D(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(2)(c); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F19 Words in s. 93D(2)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F20 Words in s. 93D(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(4)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F21 Words in s. 93D(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(4)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F22 Words in s. 93D(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(4)(c); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F23 Words in s. 93D(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 32(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)