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).
C3Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 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))
(1)The Authority may issue rules about charges that may be imposed by a water undertaker under a bulk supply agreement.
(2)The rules may in particular make provision about—
(a)what types of charge may be imposed;
(b)the amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;
(c)principles for determining what types of charge may or may not be imposed;
(d)principles for determining the amount of any charge that may be imposed;
(e)publication of the charges that may be imposed.
(3)If the Authority considers that a water undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.
(4)It is the duty of a water undertaker to comply with a direction under subsection (3), and this duty is enforceable by the Authority under section 18.
(5)The rules may—
(a)make different provision for different water undertakers or different descriptions of water undertaker;
(b)make different provision for different purposes;
(c)make provision subject to exceptions.
(6)The Authority may from time to time revise rules issued under this section and issue revised rules.
(7)The Authority must issue revised rules if—
(a)guidance is issued under section 40I, and
(b)the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.
(8)Revised rules may include provision for applying any of their revisions to bulk supply agreements made before the revised rules come into effect.]
Textual Amendments
F1Ss. 40-40J substituted for s. 40 (6.4.2015 for the insertion of s. 40J, 1.11.2016 for the insertion of s. 40E for specified purposes and s. 40I) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2015/773, art. 2(1)(a)(i) (with art. 4); S.I. 2016/1007, art. 2(b)