F1[PART 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 [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 [F6the Authority.

(3)Nothing in this Part shall have effect to authorise or require a water undertaker [F2or [F7water supply licensee]] to impose any requirement on any of [F8that 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 Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F7Words 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)

F8Words 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)

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

(1)[F6The Authority] may require a water undertaker [F9or [F10water supply licensee]], in [F11the 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 [F6it] may specify in the document imposing the requirement.

(2)Where [F6the Authority], in the document imposing a requirement on a water undertaker [F12or [F13water supply licensee]] under subsection (1) above, stipulates that any contravention of the requirement by the undertaker [F14or licensee] will be a breach of [F15the 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 [F16or [F17water supply licensee]] to make available to [F18that person's customers] or potential customers such facilities as may be specified in the document imposing the requirement;

(b)require a water undertaker [F16or [F17water supply licensee]] to provide or make available to [F18that 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 [F6its] powers under this section in relation to any water undertaker [F19or [F20water supply licensee]] [F6the Authority] shall have regard to the extent to which water resources are available to that undertaker [F21or licensee].

(5)Before imposing any requirement on a water undertaker [F22or [F23water supply licensee]] under subsection (1) above [F6the Authority] shall consult that undertaker [F24or licensee].

(6)Nothing in this section authorises [F6the Authority] to impose any requirement on a water undertaker [F25or [F26water supply licensee]] which has or may have the effect of authorising or requiring that undertaker [F27or licensee] to impose any requirement on any of [F28that person's customers] or potential customers.

Textual Amendments

F6Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F10Words 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)

F11Words 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)

F13Words 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)

F14Words 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)

F15Words 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)

F16Words 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)

F17Words 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)

F18Words 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)

F20Words 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)

F21Words 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)

F23Words 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)

F24Words 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)

F26Words 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)

F27Words 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)

F28Words 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)

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

(1)Where, under section 93B(1) above, the Authority imposes any requirement on a water undertaker [F29or [F30water supply licensee]], [F6the Authority] 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 [F31or licensee's] customers.

(2)Without prejudice to the generality of subsection (1) above, [F6the Authority] may arrange for such publicising of the requirement as is mentioned in that subsection by—

(a)[F6itself] publicising the requirement or causing it to be publicised; or

(b)directing the undertaker [F32or licensee] to inform or arrange to inform its customers of the requirement.

Textual Amendments

F6Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F30Words 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)

F31Words 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)

F32Words 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)

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

(1)Where a water undertaker [F33or [F34water supply licensee]] is subject to any requirement imposed under section 93B(1) above, the Authority] may arrange for there to be given to the customers of that undertaker [F35or licensee] at any such times or with such frequency, and in any such manner, as [F6it] may consider appropriate, such information about the level of performance achieved by the undertaker [F35or licensee] in relation to that requirement as appears to [F6the Authority] to be expedient to be given to those customers.

(2)Without prejudice to the generality of subsection (1) above, [F6the Authority] may arrange for such giving of information as is mentioned in that subsection by—

(a)[F6itself] disseminating the information or causing it to be disseminated; or

(b)directing the undertaker [F36or licensee] to give or arrange to give the information to its customers.

(3)At such times and in such form or manner as [F6the Authority] may direct, a water undertaker [F37or [F38water supply licensee]] shall provide [F6the Authority] with such information as may be specified in the direction in connection with the undertaker’s [F39or licensee's] performance in relation to any requirement imposed upon the undertaker [F40or licensee] under section 93B(1) above.

(4)A water undertaker [F41or [F42water 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

F6Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F34Words 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)

F35Words 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)

F36Words 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)

F38Words 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)

F39Words 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)

F40Words 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)

F42Words 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)