Competition and Service (Utilities) Act 1992

Water supply

26 Research concerning views of customers

(1) Section 39 of the [1991 c. 56.] Water Industry Act 1991 (procedure for making regulations under section 38 relating to standards of performance in the supply of water) shall be amended as follows.

(2) In subsection (1)(d), for “both” there shall be substituted “the summary mentioned in subsection (2)(bb) below,”.

(3) The following subsection shall be inserted after subsection (1)—

“(1A) Before making an application to the Secretary of State under this section the Director shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results.”

(4) In subsection (2), the following paragraph shall be inserted after “apply” in paragraph (b)—

“(bb) is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above;”.

27 Information with respect to levels of performance

The following section shall be inserted in the Water Industry Act 1991, after section 38—

“38A Information with respect to levels of performance

(1) The Director shall from time to time collect information with respect to—

(a) the compensation paid by water undertakers under regulations under section 38(2) above; and

(b) the levels of overall performance achieved by water undertakers in connection with the provision of water supplies.

(2) At such times as the Director may direct, each water undertaker shall give the following information to the Director—

(a) as respects each standard prescribed by regulations under section 38(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; and

(b) as respects each standard established by regulations under section 38(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.

(3) A water undertaker who without reasonable excuse fails to do anything required of him by subsection (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) The Director shall, at least once in every year, arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or given to him under this section as it may appear to him expedient to give to customers or potential customers of water undertakers.

(5) In arranging for the publication of any such information the Director shall have regard to the need for excluding, so far as practicable—

(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that individual; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that body.”

28 Information to be given to customers about overall performance

The following section shall be inserted in the [1991 c. 56.] Water Industry Act 1991, after section 39—

“39A Information to be given to customers about overall performance

(1) Each water undertaker shall, in such form and manner and with such frequency as the Director may direct, take steps to inform its customers of—

(a) the standards of overall performance established under section 38(1)(b) above which are applicable to that undertaker; and

(b) that undertaker’s level of performance as respects each of those standards.

(2) In giving any such direction, the Director shall not specify a frequency of less than once in every period of twelve months.

(3) The duty of a water undertaker to comply with this section shall be enforceable by the Director under section 18 above.”

29 Procedures for dealing with complaints

The following section shall be inserted in the Water Industry Act 1991, after section 86—

“Complaints

86A Procedure for dealing with complaints

(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 customer service committee to which it has been allocated; and

(b) the proposed procedure or modification has been approved by the Director.

(3) The water undertaker shall—

(a) publicise the procedure in such manner as may be approved by the Director; and

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

(4) The Director 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 the Director.

(6) Where the Director receives a report under subsection (5)(b) above, he 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 the Director under section 18 above.

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

(10) Section 202 below shall have effect, with the necessary modifications, in relation to information which the Director 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.”