The Public Bodies (Water Supply and Water Quality Fees) Order 2013 No. 277

Citation, commencement and extent E+W

1.  This Order—

(a) may be cited as the Public Bodies (Water Supply and Water Quality Fees) Order 2013;

(b) comes into force on the day after the day on which it is made; and

(c) extends to England and Wales.

Interpretation E+W

2.—(1) In this Order—

“the 1991 Act” means the Water Industry Act 1991(1);

“Chief Inspector” means the Chief Inspector of Drinking Water designated as such under section 86(1A) of the 1991 Act;

“inspector” means a person appointed under section 86(1) of the 1991 Act (assessors for the enforcement of water quality)(2);

“relevant water supplier” means—

(a)

a company appointed as a water undertaker whose area is wholly or mainly in England; or

(b)

a company which is the holder of a water supply licence within the meaning of section 17A of the 1991 Act (licensing of water suppliers)(3) who is using the supply system of any water undertaker whose area is wholly or mainly in England; and

“supply system” shall be construed in accordance with section 17B(5) of the 1991 Act.

(2) In this Order references to “the table” are to the table in the Schedule.

The chargeable period E+W

3.—(1) In this Order the number of chargeable periods shall be calculated based on the following formula—

where—

• “C” is the number of chargeable periods; and

• “T” is the total time (expressed in hours) during which an inspector performs a function specified in paragraph (b), (c) or (d) of column 1 of the table on a calendar day.

(2) For the purposes of calculating “T” if the function is performed by more than one inspector, that total time taken by each inspector shall be aggregated.

Fees E+W

4.—(1) The Chief Inspector may charge a relevant water supplier a fee, payable on invoice, for the exercise of those functions that are specified in column 1 of the table and exercisable by an inspector by virtue of an appointment under section 86(1) of the 1991 Act.

(2) The Chief Inspector must determine the fee in accordance with the corresponding entry in column 2 of the table.

(3) The rates to be applied to the determination of the fee referred to in column 2 of the table must be fixed by the Chief Inspector and—

(a) be approved by the Secretary of State;

(b) be published by the Secretary of State (which may include publication on a website), and

(c) be reviewed by the Secretary of State on or before 30 June in each calendar year following the calendar year in which the fee was last approved by the Secretary of State under sub-paragraph (a).

(4) Any fees received under this Order must be paid into the Consolidated Fund.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

7th February 2013

We consent

Robert Goodwill

Desmond Swayne

Two of the Lords Commissioners of Her Majesty’s Treasury

11th February 2013