Water Industry Act 1991

195 The Director’s register. E+W

(1) The Director shall, at such premises and in such form as he may determine, maintain a register for the purposes of Part II of this Act. [F1 and of section 143 above]

(2) Subject to any direction given under subsection (3) below, the Director shall cause to be entered in the register the provisions of—

(a) every appointment under Chapter I of Part II of this Act, every termination or transfer of any such appointment, every variation of the area for which any company holds any such appointment and every modification of the conditions of any such appointment;

[F2 (aa) every licence under Chapter 1A of Part 2 of this Act, every variation or revocation of any such licence and every modification of the conditions of any such licence;]

(b) every direction, consent or determination given or made under any such appointment by the Secretary of State, the [F3 CMA] or the Director himself;

[F4 (bb) every direction, consent or determination given or made under any such licence by the Secretary of State, the Authority, the Assembly [F5 , the Environment Agency or the NRBW] ;

(bc) every determination made by the Authority under section 17E or 66D(1) above;]

(c) every final enforcement order made under section 18 above, every provisional enforcement order made or confirmed under that section and every revocation of such a final or provisional enforcement order;

(d) every undertaking given to and accepted by the Secretary of State or the Director for the purposes of subsection (1)(b) of section 19 above and every notice under subsection (3) of that section;F6 . . .

(e) every special administration order and every discharge of such an order.

[F7 (f) every penalty imposed under section 22A(1) or (2) above and every notice under section 22A(6) above;][F8 and

(g) every designation made by the Authority under section 66G or 66H above.]

(3) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest, he may direct the Director not to enter that provision in the register; and the Director shall comply with any such direction.

[F9 (3AA) Before giving a direction under subsection (3) above which relates to a licensed water supplier, the Secretary of State shall consult the Assembly.]

[F10 (3A) The Director shall also cause to be entered on the register the provisions of any guidance given to him by the Secretary of State under section 143(7) above.]

(4) The contents of the register shall be available for inspection by the public at such times, and subject to the payment of such charges, as may be specified in an order made by the Secretary of State.

(5) Any person may, on the payment of such fee as may be specified in an order so made, require the Director to supply him with a copy of, or extract from, the contents of any part of the register, being a copy or extract which is certified by the Director to be a true copy or extract.

(6) The power to make an order under subsection (4) or (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Any sums received by the Director under this section shall be paid into the Consolidated Fund.

Textual Amendments

F1 Words in s. 195(1) inserted (23.12.1999) by 1999 c. 9, s. 15(1), Sch. 3 Pt. I para. 4(1)(2); S.I. 1999/3440, art. 2

F2 S. 195(2)(aa) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F3 Word in s. 195(2)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 90 (with art. 3)

F4 S. 195(2)(bb)(bc) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F5 Words in s. 195(2)(bb) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 253 (with Sch. 7)

F6 Word in s. 195(2)(d) repealed (1.4.2005) by Water Act 2003 (c. 37), ss. 48(2), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2005/968, art. 2(i)(n)(i) (with art. 4, Schs. 1, 2)

F7 S. 195(2)(f) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 48(2), 105(3); S.I. 2005/968, art. 2(i) (with art. 4, Schs. 1, 2)

F8 S. 195(2)(g) and preceding word inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F9 S. 195(3AA) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 42(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F10 S. 195(3A) inserted (23.12.1999) by 1999 c. 9, s. 15(1), Sch. 3 Pt. I para. 4(1)(3); S.I. 1999/3440, art. 2

Modifications etc. (not altering text)

C1 S. 195 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 14(1) (with reg. 1(1)(c))

C2 S. 195(2)(bc) modified (1.12.2005) by The Water Supply Licence (New Customer Exception) Regulations 2005 (S.I. 2005/3076), reg. 5(2)