Water Industry Act 1991

20 Procedure for enforcement orders. E+W

(1) Before making a final enforcement order [F1 under section 18(1) above] or confirming a provisional enforcement order [F2 in a case in which section 18(4)(a)(i) or (ii) above applies], the Secretary of State or [F3 the Authority] shall give notice—

(a) stating that he proposes to make or confirm the order and setting out the effect of the order;

(b) setting out—

(i) the condition or requirement for the purpose of securing compliance with which the order is to be made or confirmed;

(ii) the acts or omissions which, in his opinion, constitute or would constitute contraventions of that condition or requirement; and

(iii) the other facts which, in his opinion, justify the making or confirmation of the order;

and

(c) specifying the period (not being less than [F4 twenty-one] days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

[F5 (1A) Before making a final enforcement order under section 18(1A) above or confirming a provisional enforcement order in a case in which section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the Authority shall give notice—

(a) stating that he or it proposes to make or confirm the order and setting out the effect of the order;

(b) setting out—

(i) the condition or requirement for the purposes of securing compliance with which the order is to be made or confirmed;

(ii) the acts or omissions which, in his or its opinion, cause or contribute to or would cause or contribute to the contravention of that condition or requirement; and

(iii) the other facts which, in his or its opinion, justify the making or confirmation of the order; and

(c) specifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections to the proposed order or proposed confirmation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.]

(2) A notice under subsection (1) [F6 or (1A)] above shall be given—

(a) by publishing the notice in such manner as the Secretary of State or, as the case may be, [F3 the Authority] considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b) by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the [F7 person to whom] the order relates and, where the notice is given by the Secretary of State, on [F3 the Authority].

(3) Neither the Secretary of State nor [F3 the Authority] shall make a final enforcement order with modifications, or confirm a provisional enforcement order with modifications, except—

(a) with the consent to the modifications of the [F7 person to whom] the order relates; or

(b) after complying with the requirements of subsection (4) below.

(4) The requirements mentioned in subsection (3) above are that the Secretary of State or, as the case may be, [F3 the Authority] shall—

(a) serve on the [F7 person to whom] the order relates such notice as appears to him to be requisite of his proposal to make or confirm the order with modifications;

(b) in that notice specify the period (not being less than [F8 twenty-one] days from the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

(c) consider any representations or objections which are duly made and not withdrawn.

(5) As soon as practicable after making an enforcement order or confirming a provisional enforcement order, the Secretary of State or, as the case may be, [F3 the Authority] shall—

(a) serve a copy of the order on the [F7 person to whom] the order relates and, where this subsection applies in the case of an order made or confirmed by Secretary of State, on [F3 the Authority]; and

(b) publish such a copy in such manner as he considers appropriate for the purpose of bringing the order to the attention of persons likely to be affected by it.

(6) Before revoking an enforcement order, other than an unconfirmed provisional order, the Secretary of State or [F3 the Authority] shall give notice—

(a) stating that he proposes to revoke the order and setting out its effect; and

(b) specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(7) If, after giving a notice under subsection (6) above, the Secretary of State or [F3 the Authority] decides not to revoke the order to which the notice relates, he shall give notice of that decision.

(8) A notice under subsection (6) or (7) above shall be given—

(a) by publishing the notice in such manner as the Secretary of State or, as the case may be, [F3 the Authority] considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b) by serving a copy of the notice on the [F7 person to whom] the order relates and, where the notice is given by the Secretary of State, on [F3 the Authority].

(9) The requirements of the preceding provisions of this section shall not apply, in the case of any order in respect of a contravention of a direction under section 208 below, to the extent that the Secretary of State directs that they should not be complied with in the interests of national security.

Textual Amendments

F1 Words in s. 20(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F2 Words in s. 20(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F3 Words 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)

F4 Words in s. 20(1)(c) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(3)(4), 105(3); S.I. 2004/2528, art. 2(f)

F5 S. 20(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F6 Words in s. 20(2) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 6(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F7 Words in s. 20 substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 28; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(j) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F8 Words in s. 20(4)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 49(3)(4), 105(3); S.I. 2004/2528, art. 2(f)

Modifications etc. (not altering text)

C1 S. 20 applied (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. 6(2) (with reg. 1(1)(c))

C2 S. 20(9): functions exercisable by the Assembly concurrently with the Ministers of the Crown (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1