Valid from 01/04/2004
[F166BIntroduction of water into water undertaker’s supply systemE+W
(1)This section applies where—
(a)a qualifying licensed water supplier requests a water undertaker to permit it to introduce water into the undertaker’s supply system, by means of which any particular supply of water to any premises in accordance with the retail authorisation is to take place, in connection with that supply; and
(b)the premises are in the area of the undertaker.
(2)This section also applies where—
(a)a water undertaker agrees to permit a qualifying licensed water supplier to introduce water into the undertaker’s treatment works;
(b)in connection with that introduction, the supplier requests the undertaker to permit it to introduce water into the undertaker’s supply system, by means of which any particular supply of water to any premises in accordance with the retail authorisation is to take place, in connection with that supply; and
(c)the premises are in the area of the undertaker.
(3)Where this section applies, it shall be the duty of the water undertaker, in accordance with an agreement or determination for such period and containing such terms and conditions as may be provided for under section 66D(2) below—
(a)to take any such steps—
(i)for the purpose of connecting the premises in question with the undertaker’s supply system;
(ii)for the purpose of connecting the treatment works of the qualifying licensed water supplier with that system (in a case falling within subsection (1) above);
(iii)for the purpose of connecting with that system any source used by the qualifying licensed water supplier for the purpose of supplying water other than for domestic or food production purposes (in a case falling within subsection (1) above); or
(iv)in respect of that system,
as may be so provided for in order to enable the supplier to make the requested introduction of the water into that system; and
(b)having taken any such steps, to permit the requested introduction of the water into that system.
(4)A water undertaker shall not be required by virtue of this section to permit the introduction of water into its supply system, or to take any steps to enable a qualifying water supplier to make such an introduction, if the first or second condition is satisfied.
(5)The first condition is that permitting the introduction of the water into the water undertaker’s supply system would—
(a)require the undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works; or
(b)otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a) above.
(6)The second condition is that there is a contravention in relation to the water fittings used or to be used in connection with—
(a)the supply of water to the premises to be supplied by the supplier; or
(b)the use of water in those premises,
of such of the requirements of regulations under section 74 below as are prescribed for the purposes of section 66A(6) above.
(7)Where—
(a)a request has been made by a qualifying licensed water supplier to a water undertaker for the purposes of subsection (1) or (2) above; and
(b)the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works,
the failure of the undertaker to acquire the necessary authority or agreement shall not affect any liability of the supplier, under any term or condition in accordance with which those steps are taken, to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps.
(8)In this section “treatment works”—
(a)in relation to a water undertaker, means the works designated as treatment works by the Secretary of State for the purposes of section 17B(6) above;
(b)in relation to a qualifying licensed water supplier, means the works designated from time to time by the Secretary of State as treatment works for the purposes of this paragraph.
(9)Before designating any works for the purposes of subsection (8)(b) above, the Secretary of State shall consult the Assembly.
(10)A list of any works designated for the purposes of subsection (8)(b) above shall be published from time to time by the Secretary of State in such manner as he considers appropriate for the purpose of bringing the designations to the attention of persons likely to be affected by them.
(11)Any pipe laid in pursuance of subsection (3)(a)(ii) or (iii) above shall be regarded as a water main for the purposes of this Act, subject to any provision to the contrary.
(12)In this section and section 66C below, references to a qualifying licensed water supplier are references to a licensed water supplier which is the holder of a combined licence (within the meaning of Chapter 1A of Part 2 of this Act).]
Textual Amendments
F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)