Water Industry Act 1991

[F1 110O Interim duty: code E+W

(1) The Authority must issue a code in relation to—

(a) the provision of sewerage services under section 110L, and

(b) its power of direction under section 110L(3) (power to direct that eligible sewerage licensee provides interim sewerage services).

(2) The code may, in particular, make provision about—

(a) the procedure for electing to be an eligible sewerage licensee for the purposes of section 110L;

(b) the procedure for temporarily suspending such an election under section 110L(5)(b);

(c) the circumstances in which the Authority's power of direction under section 110L(3) or 110N(4) may or may not be exercised;

(d) how the Authority will determine the date on which a sewerage licensee ceased to provide sewerage services to premises for the purposes of section 110L;

(e) terms and conditions contained in schemes made under section 110N;

(f) eligible sewerage licensees informing owners or occupiers of premises of their schemes for terms and conditions made under section 110N, before agreeing any terms and conditions as mentioned in section 110L(7)(b)(ii);

(g) the giving of notices as mentioned in section 110L(8) (that a new licensee is to continue the provision of the sewerage services provided by the previous licensee) including, in particular, provision about—

(i) the earliest time that a notice may specify as the time from which a new licensee is to continue the provision of the sewerage services provided by a previous licensee;

(ii) the procedure for serving a notice.

(3) If the Authority considers that a sewerage licensee is not acting as required by provision contained in the code as mentioned in subsection (2)(e) or (f), the Authority may give the licensee a direction to do, or not to do, a particular thing specified in the direction.

(4) It is the duty of a sewerage licensee to comply with a direction under subsection (3), and this duty is enforceable under section 18.

(5) The Authority must from time to time review the code and, if appropriate, issue a revised code.

(6) References in section 110L to the code issued under this section are to the code issued under this section that has effect at the time in question.]

Textual Amendments

F1 Ss. 110K-110O and cross-heading inserted (6.3.2017 for the insertion of s. 110K, 1.4.2017 in so far as not already in force) by Water Act 2014 (c. 21), ss. 32, 94(3); S.I. 2017/58, art. 2(a) (with art. 3(2)); S.I. 2017/462, art. 3(g)