The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

Enforcement E+W

6.—(1) Section 18 (orders for securing compliance with certain provisions) applies as if, in subsection (1A)(b) (power to make final enforcement order where [F1 water supply licensee or sewerage licensee] is causing or contributing to contravention by relevant undertaker), in sub-paragraph (i), after “this Part”, there were inserted “ or another [F2 person] holding a licence under Chapter 1A of this Part ”.

(2) Sections 19 M1 (exceptions to the duty to enforce), 20 M2 (procedure for enforcement orders), 21 (validity of enforcement orders) and 22 M3 (effect of enforcement order) apply without modification.

(3) Section 22A M4 (penalties) applies as if—

(a) in subsection (1)(b) (power to impose financial penalties on those licensed under Chapter 1A of Part 2 in relation to contraventions of appointment or licence conditions), in sub-paragraph (ii), after “the appointment”, there were inserted “ or by another [F2 person] holding a licence under Chapter 1A of this Part of any condition of that licence ”; and

(b) in subsection (2)(b) (power to impose financial penalties on those licensed under Chapter 1A of Part 2 in relation to contraventions of enforceable statutory or other requirements), in sub-paragraph (ii), after “Part” there were inserted “ , or by another [F2 person] holding a licence under Chapter 1A of this Part, ”.

(4) Sections 22B (statement of policy with respect to penalties), 22C (time limits on financial penalties), 22D (interest and payments of instalments), 22E (appeals) and 22F (recovery of penalties) apply without modification.

Textual Amendments

F1 Words in Sch. 1 para. 6(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(9)(a)

F2 Word in Sch. 1 para. 6(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(9)(b)

Marginal Citations

M1 Section 19 was amended by section 54 of, and Schedule 10 to, the Competition Act 1998, section 101(1) of, and Schedule 8 to, the Water Act 2003, S.I. 2000/1297 and 2010/996.

M2 Section 20 was amended by sections 49 and 101(1) of, and Schedule 8 to, the Water Act 2003.

M3 Section 22 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

M4 Sections 22A to 22F were inserted by section 48 of the Water Act 2003.