[F1PART IIIAE+W Promotion of the Efficient Use of Water

Textual Amendments

F1Part 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 [F2or licensed water supplier] to promote the efficient use of water by its customers.

(2)The duty of a water undertaker [F2or 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 [F2or licensed water supplier] to impose any requirement on any of its customers or potential customers.

Textual Amendments

F2Words 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 [F3or 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 [F4or licensed water supplier] under subsection (1) above, stipulates that any contravention of the requirement by the undertaker [F5or 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 [F6or 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 [F6or 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 [F7or licensed water supplier] the Director shall have regard to the extent to which water resources are available to that undertaker [F8or supplier] .

(5)Before imposing any requirement on a water undertaker [F9or licensed water supplier] under subsection (1) above the Director shall consult that undertaker [F10or supplier] .

(6)Nothing in this section authorises the Director to impose any requirement on a water undertaker [F11or licensed water supplier] which has or may have the effect of authorising or requiring that undertaker [F12or supplier] to impose any requirement on any of its customers or potential customers.

Textual Amendments

F6Words 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)

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 [F13or 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 [F14or 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 [F15or supplier] to inform or arrange to inform its customers of the requirement.

Textual Amendments

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

(1)Where a water undertaker [F16or 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 [F17or 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 [F18or 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 [F19or 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 [F20or licensed water supplier] shall provide the Director with such information as may be specified in the direction in connection with the undertaker’s [F21or supplier's] performance in relation to any requirement imposed upon the undertaker [F22or supplier] under section 93B(1) above.

(4)A water undertaker [F23or 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