Water Industry Act 1991

[F2 86A F1 Procedure for dealing with complaints. E+W

(1) Each water undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the supply of water.

(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—

(a) the water undertaker has consulted the [F3 regional committee] to which it has been allocated; and

(b) the proposed procedure or modification has been approved by [F4 the Authority].

(3) The water undertaker shall—

(a) publicise the procedure in such manner as may be approved by [F4 the Authority]; and

(b) send a description of the procedure, free of charge, to any person who asks for one.

(4) [F4 The Authority] may give a direction to a water undertaker requiring the undertaker to review its procedure or the manner in which the procedure operates.

(5) A direction under subsection (4) above—

(a) may specify the manner in which the review is to be conducted; and

(b) shall require a written report of the review to be made to [F4 the Authority].

(6) Where [F4 the Authority] receives a report under subsection (5)(b) above, [F4 it] may, after consulting the water undertaker, direct the undertaker to make such modifications of—

(a) the procedure; or

(b) the manner in which the procedure operates,

as may be specified in the direction.

(7) Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.

(8) The duty of a water undertaker to comply with subsection (1) above and with any direction given to it under subsection (4) or (6) above shall be enforceable by [F4 the Authority] under section 18 above.

(9) Where [F4 the Authority] is considering whether to exercise [F4 its] powers under subsection (4) or (6) above in relation to a water undertaker, it shall be the duty of that undertaker to give [F4 it] such information as [F4 it] may reasonably require for the purpose of assisting [F4 it] in coming to a decision.

(10) Section 202 below shall have effect, with the necessary modifications, in relation to information which [F4 the Authority] requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section.]

Textual Amendments

F1 S. 86A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 29; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

F2 S. 86A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 29; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

F3 Words in s. 86A(2)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(3); S.I. 2005/2714, art. 2(l)(v)(aa) (with Sch. para. 8)

F4 Words 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)