F12PART IIIA Promotion of the Efficient Use of Water

Annotations:
Amendments (Textual)
F12

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.

1

It shall be the duty of every water undertaker F1or F13water supply licensee to promote the efficient use of water by F14that person's customers.

2

The duty of a water undertaker F1or F17water supply licensee 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 F1or F15water supply licensee to impose any requirement on any of F16that person's customers or potential customers.

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

1

The Director may require a water undertaker F2or F21water supply licensee, in F22the performance of that undertaker's or licensee's 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 F3or F23water supply licensee under subsection (1) above, stipulates that any contravention of the requirement by the undertaker F24or licensee will be a breach of F25the undertaker's or licensee's 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 F4or F26water supply licensee to make available to F27that person's customers or potential customers such facilities as may be specified in the document imposing the requirement;

b

require a water undertaker F4or F26water supply licensee to provide or make available to F27that person's 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 F5or F28water supply licensee the Director shall have regard to the extent to which water resources are available to that undertaker F29or licensee.

5

Before imposing any requirement on a water undertaker F6or F30water supply licensee under subsection (1) above the Director shall consult that undertaker F31or licensee.

6

Nothing in this section authorises the Director to impose any requirement on a water undertaker F7or F32water supply licensee which has or may have the effect of authorising or requiring that undertaker F33or licensee to impose any requirement on any of F34that person's customers or potential customers.

93C Publicity of requirements imposed under section 93B.

1

Where, under section 93B(1) above, the Director imposes any requirement on a water undertaker F8or F18water supply licensee, 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 F19or licensee'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 F20or licensee to inform or arrange to inform its customers of the requirement.

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

1

Where a water undertaker F9or F35water supply licensee 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 F36or licensee 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 F36or licensee 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 F37or licensee 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 F10or F38water supply licensee shall provide the Director with such information as may be specified in the direction in connection with the undertaker’s F40or licensee's performance in relation to any requirement imposed upon the undertaker F39or licensee under section 93B(1) above.

4

A water undertaker F11or F41water supply licensee 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.