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Water Industry Act 1991,
PART IIIA is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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
(1)It shall be the duty of every water undertaker [F2or [F3water supply licensee]] to promote the efficient use of water by [F4that person's customers].
(2)The duty of a water undertaker [F2or [F5water 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 [F2or [F6water supply licensee]] to impose any requirement on any of [F7that person's 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)
F3Words in s. 93A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F4Words in s. 93A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F5Words in s. 93A(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F6Words in s. 93A(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F7Words in s. 93A(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 80(1)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
(1)The Director may require a water undertaker [F8or [F9water supply licensee]], in [F10the 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 [F11or [F12water supply licensee]] under subsection (1) above, stipulates that any contravention of the requirement by the undertaker [F13or licensee] will be a breach of [F14the 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 [F15or [F16water supply licensee]] to make available to [F17that person's customers] or potential customers such facilities as may be specified in the document imposing the requirement;
(b)require a water undertaker [F15or [F16water supply licensee]] to provide or make available to [F17that 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 [F18or [F19water supply licensee]] the Director shall have regard to the extent to which water resources are available to that undertaker [F20or licensee].
(5)Before imposing any requirement on a water undertaker [F21or [F22water supply licensee]] under subsection (1) above the Director shall consult that undertaker [F23or licensee].
(6)Nothing in this section authorises the Director to impose any requirement on a water undertaker [F24or [F25water supply licensee]] which has or may have the effect of authorising or requiring that undertaker [F26or licensee] to impose any requirement on any of [F27that person's customers] or potential customers.
Textual Amendments
F8Words 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)
F9Words in s. 93B(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F10Words in s. 93B(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F11Words 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)
F12Words in s. 93B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F13Words in s. 93B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F14Words in s. 93B(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F15Words 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)
F16Words in s. 93B(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F17Words in s. 93B(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F18Words 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)
F19Words in s. 93B(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F20Words in s. 93B(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F21Words 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)
F22Words in s. 93B(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F23Words in s. 93B(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F24Words 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)
F25Words in s. 93B(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F26Words in s. 93B(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F27Words in s. 93B(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 81(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
(1)Where, under section 93B(1) above, the Director imposes any requirement on a water undertaker [F28or [F29water 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 [F30or 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 [F31or licensee] to inform or arrange to inform its customers of the requirement.
Textual Amendments
F28Words 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)
F29Words in s. 93C(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 82(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F30Words in s. 93C(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 82(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F31Words in s. 93C(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 82(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
(1)Where a water undertaker [F32or [F33water 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 [F34or 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 [F34or 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 [F35or 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 [F36or [F37water supply licensee]] shall provide the Director with such information as may be specified in the direction in connection with the undertaker’s [F38or licensee's] performance in relation to any requirement imposed upon the undertaker [F39or licensee] under section 93B(1) above.
(4)A water undertaker [F40or [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.]
Textual Amendments
F32Words 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)
F33Words in s. 93D(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F34Words in s. 93D(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F35Words in s. 93D(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F36Words 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)
F37Words in s. 93D(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F38Words in s. 93D(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F39Words in s. 93D(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F40Words 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)
F41Words in s. 93D(4) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 83(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
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