The Public Bodies (Water Supply and Water Quality) (Inspection Fees) Order 2012

Title, commencement and extent

1.—(1) The title of this Order is the Public Bodies (Water Supply and Water Quality) (Inspection Fees) Order 2012.

(2) It comes into force on the day after the day on which it was made.

(3) It extends to England and Wales.

Interpretation

2.—(1) In this Order—

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

“Chief Inspector” (“Prif Arolygydd”) means the person designated as such under section 86(1B) of the 1991 Act;

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

“relevant water supplier” (“cyflenwr dŵr perthnasol”) means—

(a)

a water undertaker(3) whose area is wholly or mainly in Wales; 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) that uses the supply system of any water undertaker whose area is wholly or mainly in Wales; and

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

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

The chargeable period

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

4.—(1) The Chief Inspector may charge a relevant water supplier a fee, payable on invoice, for the exercise of such functions of an inspector under section 86(2) of the 1991 Act as are specified in column 1 of the table.

(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 Welsh Ministers;

(b) be published by the Welsh Ministers (which must include publication on a website), and

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

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

John Griffiths

Minister for Environment and Sustainable Development, one of the Welsh Ministers

12 December 2012