Explanatory Notes

Water Act 2003

2003 CHAPTER 37

20th November 2003

Summary

9.The four broad aims of the Act are:

10.The Government’s initiative to promote sustainable use of water resources was launched by the Deputy Prime Minister at the Water Summit in May 1997 with a 10 point action plan. That plan included a review of the abstraction licensing system. Following consultation, the Government’s decisions on abstraction licensing were published in Taking Water Responsibly in March 1999. This Act implements those changes to the current regime for water resources management that require legislative change. The need for the Better Regulation measures was also indicated before publication of the Act in the White Paper A Fair Deal for Consumers – Modernising the Framework for Utility Regulation, published in July 1998. The Government announced in March 2001 that it would increase opportunities for competition in water services, and this Act implements changes to achieve that.

11.In November 2000, the Government consulted on the draft Water Bill, publishing its response in July 2002. A three-month consultation was undertaken on the competition aspects of the Bill in summer 2002. Copies of these documents are available on the DEFRA website (www.defra.gov.uk/environment/water/legislation).

12.The main provisions of the Act are set out below.

13.The Act amends the Water Resources Act 1991 to improve long-term water resource management by:

14.It also amends the Water Industry Act 1991 so that water companies:

15.The Act introduces provisions for the better operation and regulation of the water industry by amending the Water Industry Act 1991 to:

16.The Act includes provisions which aim to increase the opportunities for competition in the supply of water services, by:

17.The Act also amends the Water Industry Act 1991 to include a new statutory obligation for water companies to accede to requests from Strategic Health Authorities (in relation to England) and the Assembly (in relation to Wales) to enter into arrangements to fluoridate water supplies. This transfers responsibility for the decision to fluoridate from the undertaker to the Strategic Health Authority and the Assembly, in consultation with local communities.

18.To further the principles of sustainable use of water resources, better regulation of the water industry, competition and water conservation, the Act contains a number of miscellaneous provisions.

19.To further water conservation the Act contains new provisions to:

20.The Act amends the Water Industry Act 1991 to:

21.It enhances reservoir safety by amending the Reservoirs Act 1975 to:

22.The Act includes various amendments to facilitate streamline arrangements for flood defence organisation and funding by:

23.The Act provides new powers under the Coal Industry Act 1994 for the Coal Authority to take action to prevent and clean up mine water pollution from abandoned coal mines.