38 Standards of performance in connection with water supply.E+W
(1)For the purpose-
(a)of facilitating the determination of the extent to which breaches of the obligations imposed by the following provisions of this Part are to amount to breaches of the duty imposed by section 37 above; or
(b)of supplementing that duty by establishing overall standards of performance in relation to that duty,
the Secretary of State may, in accordance with section 39 below, by regulations provide for contraventions of such requirements as may be prescribed to be treated for the purposes of this Act as breaches of that duty.
(2)The Secretary of State may, in accordance with section 39 below, by regulations prescribe such standards of performance in connection with the provision of supplies of water as, in his opinion, ought to be achieved in individual cases.
(3)Regulations under subsection (2) above may provide that if a water undertaker fails to meet a prescribed standard it shall pay such amount as may be prescribed to any person who is affected by the failure and is of a prescribed description.
(4)Without prejudice to the generality of the power conferred by subsection (2) above, regulations under that subsection may—
(a)include in a standard of performance a requirement for a water undertaker, in prescribed circumstances, to inform a person of his rights by virtue of any such regulations;
(b)provide for any dispute under the regulations to be referred by either party to the dispute to [F1the Authority];
(c)make provision for the procedure to be followed in connection with any such reference and for [F1the Authority's] determination on such a reference to be enforceable in such manner as may be prescribed;
(d)prescribe circumstances in which a water undertaker is to be exempted from requirements of the regulations.
F2[(5)Where [F1the Authority] determines any dispute in accordance with regulations under this section [F1it] shall, in such manner as may be specified in the regulations, give [F1its] reasons for reaching [F1its] decision with respect to the dispute.]
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. 38(5) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 18; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992 , art. 3, Sch. Pt.I