SCHEDULES

SCHEDULE 7Minor and consequential amendments

Part 2New regulatory arrangements, etc

Water Industry Act 1991 (c. 56)

27

(1)

The WIA is amended as follows.

(2)

In section 35 (construction of merger provisions), whose insertion into the WIA is provided for by section 70(1) of the Enterprise Act 2002 (c. 40), in subsection (1), in the definition of “water enterprise”, for “water undertaker” there is substituted “ relevant undertaker ”.

(3)

In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with complaints), for “customer service committee” there is substituted “ regional committee ”.

(4)

In section 181 (complaints with respect to the exercise of works powers on private land), in subsection (2)(c), for “the appropriate customer service committee” there is substituted “ the Council ”.

(5)

In section 206 (restrictions on disclosure of information)—

(a)

in subsection (3)—

(i)

in paragraph (a), before “, the Competition Commission” there is inserted “ , the Council ”,

(ii)

in that paragraph, for “or regulations under section 2 of the Pollution Prevention and Control Act 1999” there is substituted “ , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003 ”,

(iii)

in paragraph (b), for “or the Water Act 1989” there is substituted “ , the Water Act 1989 or the Water Act 2003 ”,

(iv)

in paragraph (c), for “of any arrangements made by the Director under section 29(6) above or of any duty imposed by” there is substituted “ of any duty imposed by section 27H above or ”,

(v)

in paragraph (j)—

(a)

after “the Water Act 1989” there is inserted “ , the Water Act 2003 ”,

(b)

for “or that Act of 1989” there is substituted “ , the Water Act 1989 or the Water Act 2003 ”,

(b)

in subsection (4)(a)—

(i)

for “a customer service committee” there is substituted “ the Council (or any regional committee) ”,

(ii)

for “or regulations under section 2 of the Pollution Prevention and Control Act 1999” there is substituted “ , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003 ”.

(6)

In section 208 (directions in the interests of national security), after subsection (3) there is inserted—

“(3A)

The Secretary of State may, after consultation with the Council, give to the Council such directions of a general character as appear to the Secretary of State to be requisite or expedient—

(a)

in the interests of national security; or

(b)

in connection with any civil emergency which may occur.

(3B)

If it appears to the Secretary of State to be requisite or expedient to do so—

(a)

in the interests of national security; or

(b)

in connection with any civil emergency which has occurred or may occur,

he may, after consultation with the Council, give to the Council a direction requiring it to do, or not to do, a particular thing specified in the direction.

(3C)

The Council shall comply with any direction given to it by the Secretary of State under this section.”

(7)

In section 219(1) (interpretation)—

(a)

after the definition of “analyse” there is inserted—

““the Assembly” means the National Assembly for Wales;”,

““the Authority” means the Water Services Regulation Authority;”,

(b)

after the definition of “contravention” there is inserted—

““the Council” means the Consumer Council for Water;”,

(c)

the definition of “the Director” is omitted,

(d)

after the definition of “records” there is inserted—

““regional committee” means a regional committee of the Council established under section 27A above;”.