Part IIIE+W WATER SUPPLY

Modifications etc. (not altering text)

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))

[F1CHAPTER 2AE+W[F2Supply duties etc: water supply licensees]

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)

F2S. 66A-66C and cross-heading substituted (1.4.2017 for the substitution of ss. 66A, 66AA, 66C) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 1; S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)

Modifications etc. (not altering text)

[F2Duties of undertakers to supply water supply licensees etc]E+W

[F266BIntroduction of water into water undertaker's supply systemE+W

(1)This section applies where—

(a)a water supply licensee with a wholesale authorisation (“L”) requests a water undertaker to permit L to introduce water into the undertaker's supply system, with a view to the use of that system, in connection with that introduction of water, to supply water to particular premises in accordance with a retail authorisation (whether L's or another's), and

(b)the premises in issue are in the area of the undertaker.

(2)This section also applies where—

(a)a water supply licensee with a supplementary authorisation (“R1”) requests a water undertaker to permit R1 to introduce water into the undertaker's supply system, with a view to the use of that system, in connection with that introduction of water, to supply water to particular premises in accordance with R1's restricted retail authorisation, and

(b)the premises in issue are in the area of the undertaker.

(3)This section also applies where—

(a)a water undertaker agrees to permit a water supply licensee with a supplementary authorisation (“R2”) to introduce water into the undertaker's treatment works,

(b)in connection with that introduction, R2 requests the undertaker to permit R2 to introduce water into the undertaker's supply system, with a view to the use of that system to supply water to particular premises in accordance with R2's restricted retail authorisation, and

(c)the premises in issue are in the area of the undertaker.

(4)Where this section applies, the undertaker must in accordance with a section 66D agreement—

(a)in a case falling within subsection (1), take such steps—

(i)for the purpose of connecting L's source of water with the undertaker's supply system, or

(ii)in respect of the undertaker's supply system,

as may be provided for in that agreement in order to enable L to make the requested introduction of water into the supply system;

(b)in a case falling within subsection (2), take such steps—

(i)for the purpose of connecting R1's treatment works with the undertaker's supply system,

(ii)for the purpose of connecting with the undertaker's supply system any source used by R1 for the purpose of supplying water other than for domestic or food purposes, or

(iii)in respect of the undertaker's supply system,

as may be provided for in that agreement in order to enable R1 to make the requested introduction of water into the supply system;

(c)in a case falling within subsection (3), take such steps in respect of the undertaker's supply system as may be provided for in that agreement in order to enable R2 to make the requested introduction of water into the supply system;

(d)having taken steps under paragraph (a), (b) or (c) (as the case may be), permit the requested introduction of water into that supply system.

(5)A water undertaker is not required by this section to permit the introduction of water into its supply system, or to take any steps to enable such an introduction of water, if permitting the introduction of water into the 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).

(6)Where—

(a)a request has been made by a water supply licensee for the purposes of subsection (1), (2) or (3), 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 does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 66D agreement provides for such liability as regards those steps.

(7)In this section “treatment works” means—

(a)in relation to a water undertaker whose area is wholly or mainly in Wales, the works designated as treatment works by the Secretary of State for the purposes of section 17B(6);

(b)in relation to a water supply licensee, the works designated from time to time by the Welsh Ministers as treatment works for the purposes of this paragraph.

(8)A list of any works designated for the purposes of subsection (7)(b) must be published from time to time by the Welsh Ministers in such manner as the Welsh Ministers consider appropriate for the purpose of bringing the designations to the attention of persons likely to be affected by them.

(9)A pipe laid because of subsection (4)(a)(i) or (b)(i) or (ii) is to be regarded as a water main for the purposes of this Act, subject to any provision to the contrary.

(10)In this section and section 66C—

(a)a reference to a wholesale authorisation is to be construed in accordance with Schedule 2A;

(b)a reference to a supplementary authorisation is to be construed in accordance with Schedule 2A.]]