Water Industry Act 1991

Changes over time for: Section 31

Version Superseded: 31/12/2020

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Water Industry Act 1991, Section 31 is up to date with all changes known to be in force on or before 02 November 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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31 Functions of [F1Authority] with respect to competition.E+W

(1)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(2)The functions to which subsection (2A) below applies shall be concurrent functions of [F1the Authority] and the [F4CMA].

(2A)This subsection applies to the functions of the [F5CMA] under Part 4 of the 2002 Act (other than sections 166 [F6171 and 174E]) so far as [F7those functions—

(a)are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b)relate to] commercial activities connected with the supply of water or the provision of sewerage services.]

[F8(3)[F1The Authority] shall be entitled to exercise, concurrently with the [F9CMA], the functions of the [F9CMA] under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) [F10, 40B(1) to (4)] and 51), so far as relating to —

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b)conduct of the kind mentioned in section 18(1) of that Act,

(c)agreements, decisions or concerted practices of the kind mentioned in [F11Article 101(1) of the Treaty on the Functioning of the European Union], or

(d)conduct which amounts to abuse of the kind mentioned in [F12Article 102 of the Treaty on the Functioning of the European Union],

which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.]

[F13(4)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) [F14above—

(a)references] in Part 4 of the 2002 Act to the [F15CMA] (including references in provisions of that Act applied by that Part) shall be construed as including references to [F1the Authority] (except in sections 166 [F16, 171 and 174E] of that Act and in any other provision of that Act where the context otherwise [F17requires);

(b)references in that Part to section 5 of the 2002 Act are to be construed as including references to section 27(1) and (2) of this Act.]

[F18(4ZA)Section 130A of the 2002 Act is to have effect in its application in relation to the Authority] by virtue of subsections (2) and (2A)—

(a)as if for subsection (1) of that section there were substituted—

“(1)Where the Water Services Regulation Authority—

(a)is proposing to carry out its functions under section 27(1) and (2) of the Water Industry Act 1991 in relation to a matter for the purposes mentioned in subsection (2), and

(b)considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b)as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by section 219(1) of the Water Industry Act 1991)”.]

F19[(4A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to [F20the CMA] are to be read as including a reference to [F1the Authority] ([F21except in sections 31D(1) to (6), 38(1) to (6)] [F10, 40B(1) to (4)], 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).]

[F22(5)Before the [F23CMA] or [F1the Authority] first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(6)Neither the [F23CMA] nor [F1the Authority] shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.]

(7)It shall be the duty of [F1the Authority], for the purpose of assisting [F24a CMA group] in carrying out an investigation on a [F25market investigation reference made by the Authority (under section 131 of the 2002 Act)] by virtue of subsection (2) F26. . . above, to give to the [F27group] —

(a)any information which is in [F1its] possession and which relates to matters falling within the scope of the investigation, and which is either requested by the [F27group] for that purpose or is information which in [F1its] opinion it would be appropriate for that purpose to give to the [F27group] without any such request; and

(b)any other assistance which the [F27group] may require, and which it is within [F1its] power to give, in relation to any such matters;

and the [F27group] shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

[F28(7A)In subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.]

(8)If any question arises as to whether subsection (2) or (3) above F29. . . applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

(a)[F30Part 4 of the 2002 Act]; or

F31[(b)Part I of the Competition Act 1998 ([F32other than sections 31D(1) to (6), 38(1) to (6)] [F33, 40B(1) to (4)] and 51),]

by or in relation to [F1the Authority] on the ground that it should have been done by or in relation to [F34the CMA] .

[F35(8A)Section 117 of the 2002 Act (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by [F1the Authority] by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the [F36CMA] included references to [F1the Authority].]

(9)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words 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)

F2S. 31(1) ceases to have effect (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. (8)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)

F3S. 31(2)(2A) substituted (20.6.2003) for s. 31(2) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(2); S.I. 2003/ 1397, {art. 2(1)}, Sch.

F4Word in s. 31(2) 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. 84(2) (with art. 3)

F5Word in s. 31(2A) 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. 84(3)(a) (with art. 3)

F6Words in s. 31(2A) 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. 84(3)(b) (with art. 3)

F7Words in s. 31(2A) 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. 84(3)(c) (with art. 3)

F8S. 31(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 5, Sch. 2 para.4(2)(a)

F9Word in s. 31(3) 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. 84(4) (with art. 3)

F10Words in s. 31(3)(4A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 5; S.I. 2014/416, art. 2(1)(f) (with Sch.); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F11Words in s. 31(3)(c) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F12Words in s. 31(3)(d) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F13S. 31(4) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(3); S.I. 2003/ 1397, {art. 2(1)}, Sch.

F14Words in s. 31(4) 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. 84(5)(a) (with art. 3)