Water Industry Act 1991

[93B Power of Director to impose requirements on water undertakers.E+W

(1)The Director may require a water undertaker [F1or licensed water supplier] , in its performance of its duty under section 93A above, to—

(a)take any such action; or

(b)achieve any such overall standards of performance,

as he may specify in the document imposing the requirement.

(2)Where the Director, in the document imposing a requirement on a water undertaker [F2or licensed water supplier] under subsection (1) above, stipulates that any contravention of the requirement by the undertaker [F3or supplier] will be a breach of its duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty.

(3)Without prejudice to the generality of subsection (1) above, a requirement under that subsection may—

(a)require a water undertaker [F4or licensed water supplier] to make available to its customers or potential customers such facilities as may be specified in the document imposing the requirement;

(b)require a water undertaker [F4or licensed water supplier] to provide or make available to its customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.

(4)In exercising his powers under this section in relation to any water undertaker [F5or licensed water supplier] the Director shall have regard to the extent to which water resources are available to that undertaker [F6or supplier] .

(5)Before imposing any requirement on a water undertaker [F7or licensed water supplier] under subsection (1) above the Director shall consult that undertaker [F8or supplier] .

(6)Nothing in this section authorises the Director to impose any requirement on a water undertaker [F9or licensed water supplier] which has or may have the effect of authorising or requiring that undertaker [F10or supplier] to impose any requirement on any of its customers or potential customers.]

Textual Amendments

F4Words in s. 93B(3)(a)(b) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 30(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)