“ Use of limiting devices

63A Prohibition of use of limiting devices.

(1)

A water undertaker shall be guilty of an offence under this section if it uses a limiting device in relation to any premises specified in Schedule 4A to this Act, with the intention of enforcing payment of charges which are or may become due to the undertaker in respect of the supply of water to the premises.

(2)

For the purposes of this section “a limiting device”, in relation to any premises, means any device or apparatus which—

(a)

is fitted to any pipe by which water is supplied to the premises or a part of the premises, whether that pipe belongs to the undertaker or to any other person, and

(b)

is designed to restrict the use which may be made of water supplied to the premises by the undertaker.

(3)

An undertaker does not commit an offence under this section by disconnecting a service pipe to any premises or otherwise cutting off a supply of water to the premises.

(4)

An undertaker guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

“143A Regulations as to provisions to be included in charges schemes.

(1)

The provisions of any charges scheme under section 143 above must comply with any requirements prescribed by the Secretary of State by regulations.

(2)

Without prejudice to the generality of subsection (1) above, regulations under this section may—

(a)

prescribe items with respect to which a consumer is, or is not, to be liable to pay a charge;

(b)

make provision as to the matters by reference to which charges may be fixed and as to methods and principles to be adopted in calculating and imposing charges;

(c)

require alternative bases of charging to be made available to consumers; and

(d)

require special provision, including exemption from specified charges, to be made for the purpose of assisting individuals who are or would be liable to pay any charges and who fall within any class of individuals appearing to the Secretary of State to require special provision.

(3)

Regulations under this section imposing requirements for the purpose mentioned in subsection (2)(d) may—

(a)

prescribe the classes of persons for whom special provision is to be made in relation to any premises by reference to matters such as age, ill-health or disability, the age, ill-health or disability of any of their dependants or of any other persons who have their homes in the premises, or their financial circumstances;

(b)

make provision as to the method by which a person may establish his entitlement to assistance under the regulations; and

(c)

make provision as to responsibility for costs incurred for the purpose of establishing that entitlement.

(4)

The power to make regulations under this section may not be exercised for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.”

“ Restrictions on charging

144A Right of consumer to elect for charging by reference to volume.

(1)

Where—

(a)

water is supplied by a water undertaker to premises in which, or in any part of which, a person has his home, and

(b)

charges in respect of those premises are fixed by virtue of any charges scheme under section 143 above without reference to the volume of water supplied,

the consumer may at any time give the undertaker a notice (in this section referred to as a “measured charges notice”) requiring the undertaker to fix charges in respect of the supply by reference to the volume of water supplied.

(2)

Subject to subsection (3) below, a water undertaker must give effect to a measured charges notice before the end of a period determined in accordance with the undertaker’s charges scheme.

(3)

A water undertaker is not obliged to give effect to a measured charges notice if—

(a)

it is not reasonably practicable to fix charges in respect of the premises by reference to the volume of water supplied, or

(b)

to do so would involve the incurring by the undertaker of unreasonable expense.

(4)

Any dispute between a water undertaker and a consumer as to the application of paragraph (a) or (b) of subsection (3) above may be referred to the Director for determination under section 30A above by either party to the dispute.

(5)

Where—

(a)

either the conditions in subsection (6) below or the conditions in subsection (7) below are satisfied in relation to premises in respect of which a measured charges notices has been given, and

(b)

such other conditions as may be prescribed are also satisfied in relation to the premises,

the consumer may, at any time before the end of the period of twelve months beginning with the day on which the supply began to be measured by volume for charging purposes, revoke the measured charges notice by notice to the water undertaker.

(6)

The conditions in this subsection are—

(a)

that the person who gave the measured charges notice had not given any previous measured charges notice in relation to the premises, and

(b)

that he remains the consumer in respect of the premises.

(7)

The conditions in this subsection are—

(a)

that the person who gave the measured charges notice has, since the notice was given, ceased to be the consumer in respect of the premises,

(b)

that neither he nor the person who has become the consumer had given any previous measured charges notice in respect of the premises, and

(c)

that any person who was in occupation of the premises when the measured charges notice was given remains in occupation.

(8)

Where a measured charges notice has been revoked under subsection (5) above, the water undertaker must—

(a)

if reasonably practicable, before the end of the period of twelve months referred to in that subsection, or

(b)

in any other case, as soon as reasonably practicable after the end of that period,

revert to fixing the charges for the supply in respect of the premises without reference to the volume of water supplied.

(9)

If and so long as a water undertaker is obliged under subsection (2) above to fix charges for the supply of water in respect of any premises by reference to the volume of water supplied, a sewerage undertaker is under a corresponding obligation to fix charges in respect of foul water drainage provided by the sewerage undertaker in respect of those premises by reference to that volume.

(10)

If a water undertaker is obliged under subsection (8) above to fix charges without reference to volume, a sewerage undertaker is under a corresponding obligation in respect of charges for services provided by it.

(11)

Any charges scheme under section 143 above—

(a)

must contain provision for determining the period mentioned in subsection (2) above, and

(b)

shall have effect subject to the preceding provisions of this section.”

“144B Restriction on undertakers’ power to require fixing of charges by reference to volume.

(1)

Subsection (2) below applies where—

(a)

water is supplied to any premises in which, or in any part of which, a person has his home,

(b)

charges in respect of those premises have previously been fixed without reference to volume, and

(c)

such conditions as may be prescribed are satisfied in relation to the premises.

(2)

Where this subsection applies, a relevant undertaker may not by virtue of any charges scheme under section 143 above begin to fix the charges in respect of those premises by reference to volume unless either—

(a)

the consumer—

(i)

has given the undertaker a measured charges notice under section 144A above which has not been revoked under that section, or

(ii)

has consented to the charges in respect of the premises being so fixed and has not revoked that consent under section 144A, or

(b)

there has been a change in the occupation of the premises and no charges have yet been demanded from the person who has become the consumer.

(3)

A change in the persons occupying any premises does not constitute a change in the occupation of the premises for the purposes of subsection (2)(b) above if any person who was in occupation of the premises before the change remains in occupation after the change.

(4)

Where a consumer gives consent for the purposes of subsection (2)(a)(ii) above in relation to premises in which, or in any part of which, a person has his home, he shall be treated for the purposes of subsections (5) to (8) of section 144A above as having given a measured charges notice under that section.”

“209A Rights of tenants in relation to metering.

(1)

Subject to subsection (3) below, no express or implied term of any tenancy is to be regarded—

(a)

as excluding or restricting the exercise by the tenant of any right to give—

(i)

a measured charges notice under section 144A above, or

(ii)

any consent for the purposes of section 144B(2)(a)(ii) above,

(b)

as preventing the installation or connection, in pursuance of such a notice or consent given by the tenant, of a meter for use in determining the charges which may be fixed in relation to water supplied to the premises comprised in the tenancy, or

(c)

as requiring any consent to be obtained in relation to such installation or connection.

(2)

In subsection (1) above “tenancy” includes a licence which is treated as a tenancy by virtue of section 79(3) of M8the Housing Act 1985; and references to a “tenant” are to be construed accordingly.

(3)

Subsection (1) above does not apply where the tenancy is a fixed term tenancy for a term of less than six months; and for this purpose “fixed term tenancy” means any tenancy other than a periodic tenancy.”