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))

[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

66HDesignation of collective strategic supplyE+W

(1)Subsection (2) below applies if at any time the Authority determines that two or more introductions of water—

(a)which are made by a licensed water supplier; and

(b)which a water undertaker is required to permit under section 66B or 66C above in accordance with [F3section 66D agreements],

constitute a collective strategic supply of water.

(2)The Authority shall designate the introductions as a collective strategic supply.

(3)Subsection (4) below applies if—

(a)a water undertaker requests the Authority to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of subsection (1) above, or

(b)the Authority otherwise proposes to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of that subsection.

(4)The Authority shall give notice of the request or proposed determination to—

(a)the Secretary of State;

(b)the Assembly;

(c)the Environment Agency[F4, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England];

[F5(ca)the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;]

(d)the other party or parties, or the parties, to [F6the section 66D agreements]; and

(e)such other persons (if any) as the Authority thinks it appropriate to notify.

(5)Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.

(6)The Authority shall consider any representations or objections which are duly made and not withdrawn.

(7)If the Authority determines that introductions designated under this section as a collective strategic supply no longer constitute such a supply, it shall cancel their designation.

(8)If the Authority proposes to make a determination under subsection (7) above that introductions no longer constitute a collective strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.

(9)Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).

(10)For the purposes of this section, introductions of water are a collective strategic supply if, without those introductions being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customers[F7, and supplies which it is obliged to make under [F8section 66AA] or 66C,] as well as supplying the [F9relevant customers of a water supply licensee] with water for domestic purposes.

[F10(11)A person is a relevant customer of a water supply licensee if an introduction of water is made by reference to the supply of water to that person's premises in accordance with—

(a)a retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), or

(b)a restricted retail authorisation of the licensee requesting the introduction of water.]]

Textual Amendments

F3Words in s. 66H(1)(b) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(2); S.I. 2017/462, art. 3(i)(v)

F6Words in s. 66H(4)(d) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(3); S.I. 2017/462, art. 3(i)(v)

F8Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(a); S.I. 2017/462, art. 3(i)(v)

F9Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(b); S.I. 2017/462, art. 3(i)(v)