Paragraph 14 Functions in relation to information

(1)

Section 195^f1 (the Authority’s register) applies as if—

(a)

in subsection (1) (register to be maintained in a certain place, in a certain form and for certain purposes), for “and of section 143 above” there were substituted “, of section 143 above and of the Regulations”;

(b)

in subsection (2) (documents to be entered in the register), after paragraph (bc), there were inserted—

“(bd)
every notice issued by the Secretary of State or the Authority under the Regulations (other than a notice issued under regulation 9);”.

(2)

Section 195A^f2 (reasons for decisions) applies as if, in subsection (1) (decisions for which reasons must be published)—

(a)

the “and” following paragraph (f) were repealed; and

(b)

after paragraph (f), there were inserted—

“(fa)
the giving of any notice under the Regulations (other than a notice issued under regulation 9); and”.

(3)

Section 199^f3 (sewer maps) applies as if—

(a)

after subsection (1) (duty to keep records), there were inserted—

“(1A)
Subject to subsection (6) below, it shall be the duty of every licensed infrastructure provider to keep records of the location and relevant particulars of every sewer or disposal main owned by it.”;

(b)

in subsection (3) (maintenance of separate records for each local authority area)—

(i)

after “a sewerage undertaker”, there were inserted “or a licensed infrastructure provider”;

(ii)

after “that undertaker”, there were inserted “or licensed infrastructure provider”; and

(iii)

after “the undertaker”, there were inserted “or the licensed infrastructure provider”;

(c)

in subsection (4) (availability of records)—

(i)

after “every sewerage undertaker”, there were inserted “and every licensed infrastructure provider”; and

(ii)

after “the undertaker”, there were inserted “or licensed infrastructure provider (as the case may be)”;

(d)

in subsection (5) (information to be available as a map), after “a sewerage undertaker”, there were inserted “or a licensed infrastructure provider”; and

(e)

in subsection (9) (enforcement), after “a sewerage undertaker”, there were inserted “or a licensed infrastructure provider”.

(4)

Section 200 (provision of sewer maps to local authorities) applies as if—

(a)

in subsection (1) (duty to provide local authorities with records), after “every sewerage undertaker”, there were inserted “and every licensed infrastructure provider”; and

(b)

in subsections (2) (local authority to make records available) and (4) (enforcement), after “a sewerage undertaker” each time they appear, there were inserted “or a licensed infrastructure provider”.

(5)

Section 201^f4 (publication of certain information and advice) applies as if, in subsection (1)(b), after “authorised”, there were inserted “or regulated”.

(6)

Section 202^f5 (duties of undertakers and licensed water suppliers to furnish the Secretary of State with information) applies as if—

(a)

in the title, after “undertakers” there were inserted “etc”;

(b)

in subsection (1A) (duties of licensed water suppliers to furnish information), in paragraph (a), after “authorised”, there were inserted “or regulated”; and

(c)

in subsection (5) (enforcement under section 18 of the Act), for “or licensed water supplier” there were substituted “, licensed water supplier or licensed infrastructure provider”.

(7)

Section 203^f6 (power to acquire information for enforcement purposes) applies as if—

(a)

in subsection (1)(b) (power to acquire information from companies licensed under Chapter 1A of Part 2 of the Act), in sub-paragraph (ii) after “condition of the appointment” there were inserted “or licence condition of another company holding a licence under that Chapter”; and

(b)

subsections (4) and (5) (offences) were repealed.

(8)

Section 205^f7 (exchange of metering information between service providers) applies as if, in subsection (4), after paragraph (a), there were inserted—

“(aa)
any licensed infrastructure provider; and”.

Annotations

Footnotes

f1: Section 195 was amended by section 15 of, and Schedule 3 to, the Water Industry Act 1999 and sections 48 and 101(1) of, and Schedule 8 to, the Water Act 2003.
f2: Section 195A was inserted by section 51 of the Water Act 2003.
f3: Section 199 was amended by section 97 of the Water Act 2003.
f4: Section 201 was amended by section 278 of, and Schedule 25 to, the Enterprise Act 2002 and section 101(1) of, and Schedule 8 to, the Water Act 2003.
f5: Section 202 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995 and section 101(1) of, and Schedule 8 to, the Water Act 2003.
f6: Section 203 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.
f7: Section 205 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.