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Part IIIE+W WATER SUPPLY

Modifications etc. (not altering text)

C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C4Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

chapter IE+W GENERAL DUTIES OF WATER UNDERTAKERS [F1etc]

Textual Amendments

F1Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

[F237AWater resources management plans: preparation and reviewE+W

(1)It shall be the duty of each water undertaker to prepare [F3, publish] and maintain a water resources management plan.

(2)A water resources management plan is a plan for how the water undertaker will manage and develop water resources so as to be able, and continue to be able, to meet its obligations under this Part.

(3)A water resources management plan shall address in particular—

(a)the water undertaker’s estimate of the quantities of water required to meet those obligations;

(b)the measures which the water undertaker intends to take or continue for the purpose set out in subsection (2) above (also taking into account for that purpose the introduction of water into the undertaker’s supply system by or on behalf of [F4water supply licensees]);

(c)the likely sequence and timing for implementing those measures; and

(d)such other matters as the Secretary of State may specify in directions

[F5(and see also section 37AA).]

(4)The procedure for preparing [F6and publishing] a water resources management plan (including a revised plan) is set out in section 37B below.

(5)Before each anniversary of the date when its plan (or revised plan) was last published, the water undertaker shall —

(a)review its plan; and

(b)send a statement of the conclusions of its review to the Secretary of State.

(6)The water undertaker shall prepare [F7and publish] a revised plan in each of the following cases—

(a)following conclusion of its annual review, if the review indicated a material change of circumstances;

(b)if directed to do so by the Secretary of State;

(c)in any event, not later than the end of the period of five years beginning with the date when the plan (or revised plan) was last published,

and shall follow the procedure in section 37B below (whether or not the revised plan prepared by the undertaker includes any proposed alterations to the previous plan).

(7)The Secretary of State may give directions specifying—

(a)the form which a water resources management plan must take;

(b)the planning period to which a water resources management plan must relate.

(8)Before preparing its water resources management plan (including a revised plan), the water undertaker shall consult—

(a)the Environment Agency[F8, if the plan (or revised plan) would affect water resources in England;]

[F9(aa)the NRBW, if the plan (or revised plan) would affect water resources in Wales;]

(b)the Authority;

(c)the Secretary of State; and

(d)any [F10water supply licensee] which supplies water to premises in the undertaker’s area via the undertaker’s supply system.

[F11(9)Before giving a direction under subsection (6)(b), the Secretary of State shall consult—

(a)the Environment Agency, if the revised plan would affect water resources in England, and

(b)the NRBW, if the revised plan would affect water resources in Wales.

(9A)Before giving a direction under subsection (6)(b), the Welsh Ministers shall consult—

(a)the NRBW, if the revised plan would affect water resources in Wales, and

(b)the Environment Agency, if the revised plan would affect water resources in England.]

(10)In this section, in relation to a water resources management plan, “published” means published in accordance with section 37B(8)(a) below.]

Textual Amendments

F2Ss. 37A-37D inserted (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2006 for specified provisions and further purposes and 1.4.2007 otherwise) by Water Act 2003 (c. 37), ss. 62, 105(3); S.I. 2004/2528, art. 2(j) (with art. 4); S.I. 2005/2714, art. 2(i) (with Sch. paras. 6, 8); S.I. 2006/984, art. 2(q) (with art. 3, Sch.); S.I. 2007/1021, art. 2(a)

F3Word in s. 37A(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(a), 94(2)(g)

F4Words in s. 37A(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 47(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F5Words in s. 37A(3) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 27(2), 94(2)(g)

F6Words in s. 37A(4) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(b), 94(2)(g)

F7Words in s. 37A(6) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(2)(c), 94(2)(g)

F10Words in s. 37A(8)(d) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 47(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Modifications etc. (not altering text)

C6Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)