Water Industry Act 1991
1991 c. 56 · Enacted 25 July 1991 · Extends to United Kingdom
An Act to consolidate enactments relating to the supply of water and the provision of sewerage services, with amendments to give effect to recommendations of the Law Commission.
[25th July 1991]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2E1I1X1C3C4C5C6C7C8C9C10C11C12
Annotations to the whole text
Modifications
- C1
Act restricted (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 15(2)(a), 225(2).
- C2
Act restricted (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 18(2), 225(2).
- C3
Act excluded (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 11(2), 17(2).
- C4
Act: references to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) to be construed as references to a removal centre within the meaning of that Part (10.2.2003) by virtue of 2002 c. 41, s. 66(4); S.I. 2003/1, art. 2, Sch.
- C5
Act: transfer of functions (W.) (except ss. 1, 14, 15, 17, 24(2)(d), 27(3), 32-35, 152(2), 193(3), 206(3)(e), Schs. 1, 4 and subject to entry in Sch. 1 of the amending S.I.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as amended by 2003 c. 37, s. 100(2)(4)(6)(7); S.I. 2004/2528, art. 2(s); S.I. 2006/3334, Sch.)
- C6
Act: certain provisions modified (temp.) (8.3.2004) by The Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004 (S.I. 2004/641), art. 6, Sch. 3 para. 7
- C7
Act modified (temp.) (29.3.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4, Sch. 2 paras. 3, 4
- C8
Act: references to the Director General of Water Services (“the Director”, “him”, “he”) have effect as references to the Water Services Regulation Authority (“the Authority”, ”it”) (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)
- C9
Act applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), Sch. 9 para. 34
- C10
Act applied (Isles of Scilly) (with modifications) (1.11.2019) by The Isles of Scilly (Application of Water Legislation) Order 2019 (S.I. 2019/1259), arts. 2(1), 4 (as amended (27.3.2020) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), art. 6)
- C11
Act: power to amend conferred (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c)
- C12
Act: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 10, 20)
Commencement
- I1
Act wholly in force at 1.12.1991, see s. 223(2)
Extent
- E1
Act extends to England and Wales; for minor variations, see s. 223(3)
Editorial notes
- X1
[A table showing the derivation of the provisions of this Consolidation Act will be found at the end of the Act. The table has no official status.]
Contents
- Part I: PRELIMINARY
- The Director General of Water Services
- 1The Director General of Water Services. Repealed
- 1AWater Services Regulation Authority
- General duties
- 2General duties with respect to water industry.
- 2AStrategic priorities and objectives: England
- 2BStrategic priorities and objectives: Wales
- 3General environmental and recreational duties.
- 4Environmental duties with respect to sites of special interest.
- 5Codes of practice with respect to environmental and recreational duties.
- Part II: APPOINTMENTMENT AND REGULATION OF UNDERTAKERS
- Chapter I: APPOINTMENTS
- Making of appointments
- 6Appointment of relevant undertakers.
- 7Continuity of appointments, replacement appointments etc.
- 8Procedure with respect to appointments and variations.
- 9Duties affecting making of appointments and variations.
- 10Transitional provision with respect to replacement appointments.
- Conditions of appointments
- 11Power to impose conditions.
- 12Determinations under conditions of appointment.
- Modification of appointment conditions: England
- 12AModification by the Authority
- 12BModification of conditions of appointment: early effective date
- 12CModifications of conditions under section 12A: supplementary
- 12DAppeal to the CMA
- 12EProcedure on appeal to CMA
- 12FDetermination by CMA of appeal
- 12GCMA’s powers on allowing an appeal
- 12HTime limits for CMA to determine an appeal
- 12IDetermination of appeal by CMA: supplementary
- 12JModification by the Secretary of State: special administration orders
- 12KModifications under section 12J: procedural requirements
- Modification of appointment conditions: Wales
- 13Modification by agreement.
- 14Modification references to CMA.
- 14AReferences under section 14: time limits
- 14BReferences under section 14: powers of investigation
- 15Reports on modification references.
- 16Modification following report.
- 16ACMA's power of veto following report
- 16BCMA's power of veto following report: supplementary
- 16CModification by the Welsh Ministers: special administration orders
- 16DModifications under section 16C: procedural requirements
- Modification of appointment conditions: England and Wales
- 17Modification by order under other enactments.
- Chapter 1A: Water supply licences and sewerage licences
- Granting of licences
- 17AWater supply licences
- 17AAWater supply licences: restrictions on grants
- 17BMeaning of supply system
- 17BASewerage licences
- 17BBSewerage licences: restrictions on grants
- 17CMeaning of household premises
- 17DThe threshold requirement
- 17DAGuidance
- 17EDeterminations by the Authority
- 17FProcedure for granting water supply and sewerage licences
- 17FAApplications forwarded by the Water Industry Commission for Scotland
- 17FBApplications forwarded to the Water Industry Commission for Scotland
- Licence conditions
- 17GLicence conditions
- 17HStandard conditions of water supply licences
- 17HAStandard conditions of sewerage licences
- 17IModification of licences by agreement
- 17JModification of standard conditions
- 17KModification references to competition authority
- 17LReferences under section 17K: time limits
- 17MReferences under section 17K: powers of investigation
- 17NReports on modification references
- 17OModification of licences following report
- 17PPower of veto following report
- 17QSection 17P: supplementary
- 17RModification by order under other enactments
- Chapter II: ENFORCEMENT OF INSOLVENCY
- Enforcement orders
- 18Orders for securing compliance with certain provisions.
- 19Exceptions to duty to enforce.
- 20Procedure for enforcement orders.
- 21Validity of enforcement orders.
- 22Effect of enforcement order.
- Financial penalties
- 22APenalties
- 22BStatement of policy with respect to penalties
- 22CTime limits on the imposition of financial penalties
- 22DInterest and payment of instalments
- 22EAppeals
- 22FRecovery of penalties
- Special administration orders
- 23Meaning and effect of special administration order.
- 24Special administration orders made on special petitions.
- 25Power to make special administration order on winding-up petition.
- Restrictions on voluntary winding up and insolvency proceedings
- 26Restrictions on voluntary winding up and insolvency proceedings.
- Chapter III: PROTECTION OF CUSTOMERS ETC..
- General provisions
- 27General duty of Authority to keep matters under review.
- 27ZAPower to require information for purpose of monitoring
- The Consumer Council for Water
- 27AEstablishment of the Council and committees
- 27BCo-operation between Council and other authorities
- General functions of the Council
- 27CThe interests of consumers
- 27DAcquisition and review of information
- 27EProvision of advice and information to public authorities
- 27FProvision of information to consumers
- 27GPower to publish information and advice about consumer matters
- 27HProvision of information to the Council
- 27IPublication of notice of reasons
- 27JProvision of information by the Council
- 27KSections 27H to 27J: supplementary
- 28Customer service committees. Repealed
- 29Consumer complaints
- 29APower of Council to investigate other matters
- 30Duties of Director with respect to complaints Repealed
- Further functions of Authority
- 30ZADuty to consult Council
- 30ZBCopies of notices
- 30ADetermination of disputes by the Authority.
- Provisions with respect to competition
- 31Functions of Authority with respect to competition.
- 32Duty to refer merger of water or sewerage undertakings.
- 33Exclusion of small mergers from duty to make reference.
- 33AExceptions to duty to make reference
- 33BOpinion of the Authority
- 33CStatement of methods
- 33DUndertakings in lieu of a merger reference
- 34Application of provisions of Enterprise Act 2002
- 35Construction of merger provisions.
- Remuneration and governance
- 35ARemuneration and standards of performance
- 35BRules about remuneration and governance
- 35CRules under section 35B: procedure
- 35DRules under section 35B: minor or urgent variations
- Financial transparency
- 35EAuthority to secure publication of financial overview
- Chapter IV: INTERPRETATION OF PART II
- 36Interpretation of Part II.
- Part 2A: Regulation of provision of infrastructure
- 36ARegulations
- 36BTendering
- 36CCriteria for tendering
- 36DDesignation as an infrastructure provider
- 36EMinisterial responsibility
- 36FCross-border infrastructure projects
- 36GRegulations: procedure
- Part III: WATER SUPPLY
- Chapter I: GENERAL DUTIES OF WATER UNDERTAKERS etc
- 37General duty to maintain water supply system etc.
- 37AWater resources management plans: preparation and review
- 37AAWater resources management plans for England: resilience
- 37BWater resources management plans: publication and representations
- 37CWater resources management plans: provision of information
- 37DWater resources management plans: supplementary
- 38Standards of performance in connection with water supply.
- 38ZAStandards of performance in connection with the supply of water: water supply licensees
- 38AInformation with respect to levels of performance.
- 38BPublication of statistical information about complaints
- 39Procedure for regulations under section 38.
- 39ZAProcedure for regulations under section 38ZA
- 39AInformation to be given to customers about overall performance.
- 39BDrought plans: preparation and review
- 39CDrought plans: provision of information
- 39DDrought plans: supplementary
- Chapter II: SUPPLY DUTIES
- Major supplies
- 40Bulk supplies.
- 40AVariation and termination of bulk supply agreements.
- 40BCodes in respect of bulk supply agreements
- 40CCodes under section 40B: procedure
- 40DCodes under section 40B: minor or urgent revisions
- 40ERules about charges for the supply of water in bulk
- 40FRules under section 40E: provision about the reduction of charges
- 40GRules under section 40E: procedure
- 40HRules under section 40E: minor or urgent revisions
- 40IRules under section 40E: guidance
- 40JDuty to provide information about bulk supplies
- 41Duty to comply with water main requisition.
- 42Financial conditions of compliance.
- 43Calculation of “relevant deficit” for the purposes of section 42.
- 43ACalculation of “discounted aggregate deficit” for the purposes of section 42
- 44Determination of completion date and route for requisitioned main.
- Domestic connections
- 45Duty to make connections with main.
- 46Duty to carry out ancillary works for the purpose of making domestic connection.
- 47Conditions of connection with water main.
- 48Interest on sums deposited in pursuance of the deposit condition.
- 49Supplemental provisions with respect to the metering conditions.
- 50Restriction on imposition of condition requiring separate service pipes.
- 51Time for performance of connection etc. duties.
- Adoption of water mains and service pipes
- 51AAgreements to adopt water main or service pipe at future date
- 51BAdoption at a future date: orders by Authority
- 51CVariation and termination of section 51A agreements
- 51CACodes in respect of section 51A agreements
- 51CBCodes under section 51CA: procedure
- 51CCCodes under section 51CA: minor or urgent revisions
- 51CDRules about charges in connection with a section 51A agreement
- 51CERules under section 51CD: procedure
- 51CFRules under section 51CD: minor or urgent revisions
- 51CGRules under section 51CD: guidance
- 51DProhibition on connection without adoption
- 51ESections 51A to 51D: supplementary
- Domestic supplies
- 52The domestic supply duty.
- 53Conditions of compliance with domestic supply duty.
- 54Enforcement of domestic supply duty.
- Other supplies
- 55Supplies for non-domestic purposes.
- 56Determinations on requests for non-domestic supplies.
- 57Duty to provide a supply of water etc. for fire-fighting.
- 58Specially requested fire-hydrants.
- 59Supplies for other public purposes.
- Disconnections
- 60Disconnections for the carrying out of necessary works.
- 61Disconnections for non-payment of charges.
- 62Disconnections at request of customer.
- 63General duties of undertakers with respect to disconnections.
- Supply by water supply licensee etc
- 63AASupply by water supply licensee: domestic supply
- 63ABSupply by water supply licensee: non-domestic supply
- 63ACInterim duty: domestic and non-domestic supply
- 63ADInterim duty: supplementary
- 63AEInterim licensees: schemes for terms and conditions
- 63AFInterim duty: code
- Use of limiting devices
- 63AProhibition of use of limiting devices.
- Means of supply
- 64Supply by means of separate service pipes.
- 65Duties of undertakers as respects constancy and pressure.
- 66Requirements by undertaker for maintaining pressure.
- Chapter 2A: Supply duties etc: water supply licensees
- Duties of undertakers to supply water supply licensees etc
- 66AWholesale water supply by primary water undertaker
- 66AAWater supply from water undertaker
- 66BIntroduction of water into water undertaker's supply system
- 66CIntroduction of water provided by secondary water undertaker
- 66CADeterminations by Authority
- 66DAgreements as to duties under sections 66A to 66C
- 66DACodes in respect of section 66D agreements
- 66DBCodes under section 66DA: procedure
- 66DCCodes under section 66DA: minor or urgent revisions
- 66ERules about charges
- 66EARules about charges: provision about the reduction of charges
- 66EBRules under section 66E: procedure
- 66ECRules under section 66E: minor or urgent revisions
- 66EDRules under section 66E: guidance
- 66FSection 66D: supplementary Repealed
- 66GDesignation of strategic supply
- 66HDesignation of collective strategic supply
- Offences
- 66IProhibition on unauthorised use of supply system
- 66JProhibition on unauthorised introduction of water
- 66KSections 66I and 66J: exemptions
- 66LSection 66K: supplementary
- Chapter III: Quality and Sufficiency of Supplies
- Standards of wholesomeness
- 67Standards of wholesomeness.
- General obligations of undertakers and water supply licensees
- 68Duties of water undertakers and water supply licensees with respect to water quality.
- 69Regulations for preserving water quality.
- 70Offence of supplying water unfit for human consumption.
- Waste, contamination, misuse etc.
- 71Waste from water sources.
- 72Contamination of water sources.
- 73Offences of contaminating, wasting and misusing water etc.
- 74Regulations for preventing contamination, waste etc. and with respect to water fittings.
- 75Power to prevent damage and to take steps to prevent contamination, waste etc.
- 76Temporary bans on use
- 76ATemporary bans: supplemental
- 76BTemporary bans: procedure
- 76COrders under sections 76 and 76A
- Local authority functions
- 77General functions of local authorities in relation to water quality.
- 78Local authority functions in relation to undertakers’ supplies.
- 79Local authority functions where piped supplies insufficient or unwholesome.
- 80Remedial powers of local authorities in relation to private supplies.
- 81Confirmation of private supply notices.
- 82Enforcement and variation of private supply notice.
- 83Application of certain powers to local authorities in relation to private supplies.
- 84Local authority rights of entry etc.
- 85Local authority power to obtain information for the purposes of functions under Chapter III.
- Drinking Water Inspectorate
- 86Appointment and functions of inspectors
- 86ZACharging of fees
- Complaints
- 86AProcedure for dealing with complaints.
- Chapter IV: FLUORIDATION
- 87Fluoridation of water supplies
- 87ATarget concentration of fluoride
- 87BFluoridation arrangements: determination of terms
- 87CFluoridation arrangements: compliance
- 88Power to vary permitted fluoridation agents.
- 88APower to vary target concentration of fluoride
- 88BRequirement for fluoridation proposal: England Repealed
- 88CInitial consultation etc. on fluoridation proposal Repealed
- 88DAdditional requirements where other local authorities affected Repealed
- 88EDecision on fluoridation proposal Repealed
- 88FDecision-making procedure: exercise of functions by committee Repealed
- 88GSecretary of State's duty in relation to fluoridation proposal Repealed
- 88HPayments by local authorities towards fluoridation costs Repealed
- 88IVariation or termination of arrangements under section 87(1) Repealed
- 88JInitial consultation etc. on variation or termination proposal Repealed
- 88KAdditional requirements where other local authorities affected Repealed
- 88LDecision on variation or termination proposal Repealed
- 88MDecision-making procedure: exercise of functions by committee Repealed
- 88NSecretary of State's duty in relation to requests for variation or termination Repealed
- 88OPower to make regulations as to maintenance of section 87 arrangements Repealed
- 89Consultation ...
- 90Indemnities in respect of fluoridation.
- 90AReview of fluoridation
- 90BOld English fluoridation arrangements: transitional provision
- 91Old Welsh fluoridation arrangements: transitional provision
- Chapter V: SUPPLEMENTAL PROVISIONS OF PART III
- 92Power to give effect to international obligations etc.
- 93Interpretation of Part III.
- Part IIIA: Promotion of the Efficient Use of Water
- 93ADuty to promote the efficient use of water.
- 93BPower of Authority to impose requirements on water undertakers.
- 93CPublicity of requirements imposed under section 93B.
- 93DInformation as to compliance with requirements under section 93B.
- Part IV: SEWERAGE SERVICES
- Chapter I: GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS etc
- Principal duties and standards of performance
- 94General duty to provide sewerage system.
- 94ADrainage and sewerage management plans: preparation and review
- 94BDrainage and sewerage management plans: power to amend period
- 94CDrainage and sewerage management plans: regulations about procedure
- 94DRegulations under section 94C: supplementary
- 94EDrainage and sewerage management plans: directions
- 95Standards of performance in connection with provision of sewerage services.
- 95ZAStandards of performance in connection with provision of sewerage services: sewerage licensees
- 95AInformation with respect to levels of performance.
- 95BPublication of statistical information about complaints
- 96Procedure for regulations under section 95.
- 96ZAProcedure for regulations under section 95ZA
- 96AInformation to be given to customers about overall performance.
- 96BNutrient pollution standards to apply to certain sewage disposal works
- 96CSensitive catchment areas
- 96DExempt sewage disposal works
- 96EUpgrade date
- 96FNutrient pollution standards
- 96GNutrient pollution standards determined through environmental permitting
- 96HSection 96G: procedure and revocations
- 96IInformation about catchment areas and nutrient significant plants
- 96JSection 96B: enforcement and interaction with other provisions
- 96KPowers to amend sections 96D and 96F
- 96LSections 96B to 96K, 96M and 96N: interpretation
- 96MNew and altered plants: modifications
- 96NSetting and enforcing nutrient pollution standards
- Performance of sewerage undertaker’s functions by local authorities etc.
- 97Performance of sewerage undertaker’s functions by local authorities etc.
- Chapter II: PROVISION OF SEWERAGE SERVICES
- Requisition of public sewer
- 98Duty to comply with sewer requisition.
- 99Financial conditions of compliance.
- 100Calculation of “relevant deficit” for the purposes of section 99.
- 100ACalculation of “discounted aggregate deficit” for the purposes of section 99
- 101Determination of completion date and route for requisitioned sewer or lateral drain.
- Provision of public sewers otherwise than by requisition
- 101AFurther duty to provide sewers.
- 101BPower to construct lateral drains following provision of public sewer
- Adoption etc. of sewers and disposal works
- 102Adoption of sewers and disposal works.
- 103Adoption of cross-border sewers etc.
- 104Agreements to adopt sewer, drain or sewage disposal works, at future date
- 105Appeals with respect to adoption.
- 105ZAAdoption at a future date: orders by Authority
- 105ZBVariation and termination of section 104 agreements
- 105ZCCodes in respect of section 104 agreements
- 105ZDCodes under section 105ZC: procedure
- 105ZECodes under section 105ZC: minor or urgent revisions
- 105ZFRules about charges in connection with a section 104 agreement
- 105ZGRules under section 105ZF: procedure
- 105ZHRules under section 105ZF: minor or urgent revisions
- 105ZIRules under section 105ZF: guidance
- 105ASchemes for the adoption of sewers, lateral drains and sewage disposal works
- 105BAdoption schemes: appeals
- 105CAdoption schemes: supplementary
- Communication of drains and private sewers with public sewers
- 106Right to communicate with public sewers.
- 106ASustainable drainage
- 106BRequirement to enter into agreement before construction
- 107Right of sewerage undertaker to undertake the making of communications with public sewers.
- 108Communication works by person entitled to communication.
- 109Unlawful communications.
- Connections between public sewers
- 110Determination of disputes with respect to cross boundary sewers.
- 110AMain connections
- 110BVariation and termination of main connection agreements
- 110CCodes in respect of main connection agreements
- 110DCodes under section 110C: procedure
- 110ECodes under section 110C: minor or urgent revisions
- 110FRules about charges for permitting main connections
- 110GRules under section 110F: provision about the reduction of charges
- 110HRules under section 110F: procedure
- 110IRules under section 110F: minor or urgent revisions
- 110JRules under section 110F: guidance
- Provision of sewerage services by sewerage licensees etc
- 110KProvision by sewerage licensee
- 110LInterim duty: sewerage undertakers and sewerage licensees
- 110MInterim duty: supplementary
- 110NInterim licensees: schemes for terms and conditions
- 110OInterim duty: code
- Provisions protecting sewerage system
- 111Restrictions on use of public sewers.
- 112Requirement that proposed drain or sewer be constructed so as to form part of general system.
- 113Power to alter drainage system of premises in area.
- 114Power to investigate defective drain or sewer.
- Sustainable drainage
- 114ADrainage systems relieving public sewers
- Use of pipes for sewerage purposes
- 115Use of highway drains as sewers and vice versa.
- 116Power to close or restrict use of public sewer.
- Complaints
- 116AProcedures for dealing with complaints.
- Interpretation of Chapter II
- 117Interpretation of Chapter II.
- Chapter 2A: Duties relating to sewerage services: sewerage licensees
- Duties of sewerage undertakers as regards enabling the provision of sewerage services
- 117AUse of undertaker's sewerage system
- 117BMatter dealt with by sewerage undertaker
- 117CRemoval of matter from sewerage system by a sewerage licensee
- 117DConnections for the purposes of a disposal authorisation
- 117EAgreements as to duties under sections 117A to 117D
- 117FCodes in respect of section 117E agreements
- 117GCodes under section 117F: procedure
- 117HCodes under section 117F: minor or urgent revisions
- 117IRules about charges
- 117JRules about charges: provision about the reduction of charges
- 117KRules under section 117I: procedure
- 117LRules under section 117I: minor or urgent revisions
- 117MRules under section 117I: guidance
- 117NDesignation of strategic sewerage provision
- 117ODesignation of collective strategic sewerage provision
- Offences
- 117PProhibition on unauthorised use of sewerage system
- 117QProhibition on unauthorised removal of matter from sewerage system
- 117RSections 117P and 117Q: exemptions
- 117SSection 117R: supplementary
- Chapter III: TRADE EFFLUENT
- Consent for discharge of trade effluent into public sewer
- 118Consent required for discharge of trade effluent into public sewer.
- Consents on an application
- 119Application for consent.
- 120Applications for the discharge of special category effluent.
- 121Conditions of consent.
- 122Appeals to the Authority with respect to decisions on applications etc.
- 123Appeals with respect to the discharge of special category effluent.
- 124Variation of consents.
- 125Variations within time limit.
- 126Appeals with respect to variations of consent.
- 127Review by the appropriate agency of consents relating to special category effluent.
- Application for variation of time for discharge
- 128Application for variation of time for discharge.
- Agreements with respect the disposal etc. of trade effluent
- 129Agreements with respect to the disposal etc of trade effluent.
- 130Reference to the appropriate agency of agreements relating to special category effluent.
- 131Review by the appropriate agency of agreements relating to special category effluent.
- References and reviews relating to special category effluent
- 132Powers and procedure on references and reviews.
- 133Effect of determination on reference or review.
- 134Compensation in respect of determinations made for the protection of public health etc.
- Supplemental provisions of Chapter III
- 135Restrictions on power to fix charges under Chapter III.
- 135APower of the appropriate agency to acquire information for the purpose of its functions in relation to special category effluent.
- 136Evidence from meters etc.
- 137Statement of case on appeal.
- 138Meaning of “special category effluent”.
- 139Power to apply Chapter III to other effluents.
- 140Pre-1989 Act authority for trade effluent discharges etc.
- Interpretation of Chapter III
- 141Interpretation of Chapter III.
- Chapter 4: Storm overflows
- 141AStorm overflow discharge reduction plan
- 141BProgress reports on storm overflow discharge reduction plan
- 141CAnnual reports on discharges from storm overflows
- 141DEnvironment Agency reports
- 141DAReporting on discharges from storm overflows
- 141DBMonitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works
- 141EInterpretation of Chapter 4
- Part V: FINANCIAL PROVISIONS
- Chapter I: CHARGES
- Manner of fixing charges
- 142Powers of undertakers to charge.
- 143Charges schemes.
- 143ARegulations as to provisions to be included in charges schemes.
- 143AASpecial provision under section 143A: financial arrangements
- 143ABSpecial provision under section 143A: consultation
- 143BRules about charges schemes
- 143CRules under section 143B: procedure
- 143DRules under section 143B: minor or urgent revisions
- 143ERules under section 143B: guidance
- 144Liability of occupiers etc. for charges.
- Rules about undertakers' charges
- 144ZARules about charges for connections etc
- 144ZBRules under section 144ZA: procedure
- 144ZCRules under section 144ZA: minor or urgent revisions
- 144ZDRules under section 144ZA: guidance
- General guidance on charges
- 144ZEGeneral guidance on charges
- 144ZFGuidance under section 144ZE: procedure
- Restrictions on charging
- 144ARight of consumer to elect for charging by reference to volume.
- 144BRestriction on undertakers’ power to require fixing of charges by reference to volume.
- 144CNon-owner occupiers
- General restrictions on charging
- 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 146Connection charges etc. and charges for highway drainage.
- 147Charging for emergency use of water.
- Metering
- 148Restriction on charging for metering works.
- 149Further provision relating to charging by volume.
- Charging for services provided with the help of an undertaker
- 150Fixing maximum charges for services provided with the help of undertakers’ services.
- 150ABilling disputes. Not yet in force
- Interpretation of Chapter I
- 150BMeaning of “consumer” in Chapter I.
- Chapter II: FINANCIAL ASSISTANCE FOR UNDERTAKERS
- 151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 152Grants for national security purposes.
- 153Government financial assistance where special administration orders made.
- 154Guarantees under section 153.
- 154AFinancial assistance to reduce charges
- 154BFinancial assistance for major works
- Part VI: UNDERTAKERS ’ POWERS AND WORKS
- Chapter I: UNDERTAKERS’ POWERS
- Powers in relation to land
- 155Compulsory purchase.
- 156Restriction on disposals of land.
- 157Byelaws with respect to undertakers’ waterways and land.
- Pipe-laying
- 158Powers to lay pipes in streets.
- 159Power to lay pipes in other land.
- Other works powers
- 160Power to carry out works for sewerage purposes.
- 161Power to deal with foul water and pollution.
- 162Works in connection with metering.
- 163Power to fit stopcocks.
- 164Agreements for works with respect to water sources.
- Powers to discharge water
- 165Discharges for works purposes.
- 166Consents for certain discharges under section 165.
- Compulsory works orders
- 167Compulsory works orders.
- Entry to land etc. by water undertakers
- 168Entry for works purposes.
- 169Power to carry out surveys and to search for water.
- 170Entry etc. for other purposes.
- 171Entry for sewerage purposes.
- 172Entry for metering purposes.
- 173Impersonation of persons entitled to entry.
- Chapter II: PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.
- Protection of apparatus in general
- 174Offences of interference with works etc.
- Protection of meters
- 175Offence of tampering with meter.
- 176Consent for the purposes of section 175.
- 177Financial obligations with respect to any interference with a meter.
- Obstruction of sewerage works etc.
- 178Obstruction of sewerage works etc.
- Chapter III: SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS
- Vesting of works in undertaker
- 179Vesting of works in undertaker.
- Damage etc. caused by works
- 180Compensation for damage caused by works etc.
- 181Complaints with respect to the exercise of works powers on private land.
- 182Codes of practice with respect to work on private land.
- Protective provisions
- 183Protection for particular undertakings.
- 184Power of certain undertakers to alter public sewers etc.
- 185Duty to move pipes etc. in certain cases.
- 186Protective provisions in respect of flood defence works and watercourses etc.
- 187Works in tidal lands etc.
- 188Mineral rights.
- 189Power to sell minerals deriving from sewerage works.
- 190Saving for planning controls.
- 191Duties to make recreational facilities available when building reservoirs in Wales.
- Interpretation of Part VI
- 192Interpretation of Part VI.
- Part VII: INFORMATION PROVISIONS
- Reports
- 192AForward work programmes
- 192BAnnual and other reports
- 193Reports by Director. Repealed
- 194Reports by customer service committees. Repealed
- Registers, maps etc.
- 195the Authority's register.
- 195AReasons for decisions
- 196Trade effluent registers.
- 197Register for the purposes of works discharges.
- 198Maps of waterworks.
- 199Sewer maps.
- 200Provision of sewer maps to local authorities.
- Publication of certain information and advice
- 201Publication of certain information and advice.
- Powers to acquire and duties to provide information
- 202Duties of undertakers to furnish the Secretary of State with information.
- 203Power to acquire information for enforcement purposes.
- 204Provision of information to sewerage undertakers with respect to trade effluent discharges.
- 205Exchange of metering information between undertakers.
- Pollution incident reduction plans
- 205ADuty to prepare and publish plans
- 205BImplementation reports
- 205CSections 205A and 205B: enforcement and sanctions
- Restriction on disclosure of information
- 206Restriction on disclosure of information.
- Provision of false information
- 207Provision of false information.
- Part 7A: Further provision about regulation
- Appeals relating to revisions of codes
- 207AAppeals to the CMA
- 207BProcedure on appeals
- 207CDetermination of appeals
- Part VIII: MISCELLANEOUS AND SUPPLEMENTAL
- Miscellaneous
- 208Directions in the interests of national security.
- 209Civil liability of undertakers for escapes of water etc.
- 209ARights of tenants in relation to metering.
- Offences
- 210Offences by bodies corporate.
- 211Limitation on right to prosecute in respect of sewerage offences.
- Judicial disqualification
- 212Judicial disqualification.
- Powers to make regulations
- 213Powers to make regulations.
- 214Power to prescribe forms.
- Local inquiries
- 215Local inquiries.
- Construction of Act
- 216Provisions relating to the service of documents.
- 217Construction of provision conferring powers by reference to undertakers’ functions.
- 218Meaning of “domestic purposes” in relation to water supply.
- 219General interpretation.
- 220Effect of local Acts.
- Other supplemental provisions
- 221Crown application.
- 222Application to the Isles of Scilly.
- 223Short title, commencement and extent.
- Schedule 1
- Remuneration, pensions etc.
- 1Paragraph 1
- Staff
- 2Paragraph 2
- Expenses of the Director and his staff
- 3Paragraph 3
- Official seal
- 4Paragraph 4
- Documentary evidence
- 5Paragraph 5
- Schedule 1A: The Water Services Regulation Authority
- Membership
- 1Paragraph 1
- Terms of appointment, remuneration, pensions etc
- 2Paragraph 2
- Terms of appointment, remuneration, pensions etc
- 3Paragraph 3
- Terms of appointment, remuneration, pensions etc
- 4Paragraph 4
- Staff
- 5Paragraph 5
- Committees
- 6Paragraph 6
- Proceedings etc
- 7Paragraph 7
- Proceedings etc
- 8Paragraph 8
- Code of Practice
- 9Paragraph 9
- Performance of functions
- 10Paragraph 10
- Payments to the Authority
- 11Paragraph 11
- Supplementary powers
- 12Paragraph 12
- Schedule 2: Transitional Provision on Termination of Appointments
- Cases where Schedule applies
- 1Paragraph 1
- Making and modification of transfer schemes
- 2Paragraph 2
- Transfer schemes providing for transfer by hive down
- 2AParagraph 2A
- Transfers by scheme
- 3Paragraph 3
- Transfer of appointment
- 4Paragraph 4
- Exclusion of transfer of licence
- 4AParagraph 4A
- Supplemental provisions of schemes
- 5Paragraph 5
- Duties of existing appointee after the scheme comes into force
- 6Paragraph 6
- Further transitional provision and local statutory provisions
- 7Paragraph 7
- Schedule 2ZA: Procedure for appeals under section 12D
- 1Application for permission to bring appeal
- 2Suspension of decision
- 3Time limit for representations and observations by the Authority
- 4Consideration and determination of appeal by group
- 5Matters to be considered on appeal
- 6Production of documents etc
- 7Oral hearings
- 8Written statements
- 9Expert advice
- 10Defaults in relation to evidence
- 11Appeal rules
- 12Costs
- 13Interpretation of Schedule
- Schedule 2A: WATER SUPPLY LICENCES: AUTHORISATIONS
- Operation of the authorisations in England and Wales
- 1Paragraph 1
- 2Paragraph 2
- Retail authorisation
- 3Paragraph 3
- 4Paragraph 4
- Wholesale authorisation
- 5Paragraph 5
- Restricted retail authorisation
- 6Paragraph 6
- 7Paragraph 7
- Supplementary authorisation
- 8Paragraph 8
- Enforcement and guidance
- 9Paragraph 9
- 10Paragraph 10
- Interpretation
- 11Paragraph 11
- 12Paragraph 12
- Schedule 2B: SEWERAGE LICENCES: AUTHORISATIONS
- Retail authorisation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Wholesale authorisation
- 5Paragraph 5
- Disposal authorisation
- 6Paragraph 6
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- 9Paragraph 9
- Schedule 3: SPECIAL ADMINISTRATION ORDERS
- Part I: MODIFICATIONS OF THE 1986 ACT
- General application of provisions of 1986 Act
- 1Paragraph 1
- Effect of order
- 2Paragraph 2
- Appointment of special administrator
- 3Paragraph 3
- General powers of special administrator
- 4Paragraph 4
- Power to deal with charged property
- 5Paragraph 5
- Duties of special administrator
- 6Paragraph 6
- Discharge of order
- 7Paragraph 7
- Notice of making of order
- 8Paragraph 8
- Statement of proposals
- 9Paragraph 9
- Applications to court
- 10Paragraph 10
- Part II: SUPPLEMENTAL
- General adaptations and saving
- 11Paragraph 11
- Interpretation
- 12Paragraph 12
- Schedule 3A: The Consumer Council for Water
- Membership of Council
- 1Paragraph 1
- Membership of Council
- 2Paragraph 2
- Terms of appointment, remuneration, pensions etc
- 3Paragraph 3
- Terms of appointment, remuneration, pensions etc
- 4Paragraph 4
- Members appointed by Assembly
- 5Paragraph 5
- Staff
- 6Paragraph 6
- Annual reports
- 7Paragraph 7
- Financial provisions and accounts
- 8Paragraph 8
- Financial provisions and accounts
- 9Paragraph 9
- Financial provisions and accounts
- 10Paragraph 10
- Regional committees
- 11Paragraph 11
- Regional committees
- 12Paragraph 12
- Regional committees
- 13Paragraph 13
- Regional committees
- 14Paragraph 14
- Other committees
- 15Paragraph 15
- Other committees
- 16Paragraph 16
- Performance of functions of the Council
- 17Paragraph 17
- Performance of functions of the Council
- 18Paragraph 18
- Supplementary powers
- 19Paragraph 19
- First financial year of the Council
- 20Paragraph 20
- Compensation for members of customer service committees
- 21Paragraph 21
- Schedule 4
- Sub-committees
- 1Paragraph 1
- Remuneration, pensions etc. of the chairman of a customer service committee
- 2Paragraph 2
- Expenses of other members of a customer service committee etc.
- 3Paragraph 3
- Staff
- 4Paragraph 4
- Financial provisions
- 5Paragraph 5
- Schedule 4ZA: Application of provisions of Enterprise Act 2002 to mergers of water enterprises
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 4A: Premises that are not to be disconnected for non-payment of charges
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 10AParagraph 10A
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 5: PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLY
- Applications for orders
- 1Paragraph 1
- Supply of copies of draft orders
- 2Paragraph 2
- Modifications of proposals
- 3Paragraph 3
- Consideration of objections etc.
- 4Paragraph 4
- Schedule 6: SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY
- Part I: RIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES
- Notice of entry
- 1Paragraph 1
- Warrants to exercise right
- 2Paragraph 2
- Supplementary power of person making entry
- 3Paragraph 3
- Obstruction of person exercising right
- 4Paragraph 4
- Duty of persons exercising rights to maintain confidentiality
- 5Paragraph 5
- Part II: OTHER RIGHTS OF ENTRY AND RELATED POWERS
- Notice of entry
- 6Paragraph 6
- Warrant to exercise right or power
- 7Paragraph 7
- Manner of exercise of right or power
- 8Paragraph 8
- Supplementary powers of person making entry etc.
- 9Paragraph 9
- Duty to secure premises
- 10Paragraph 10
- Compensation
- 11Paragraph 11
- Obstruction of person exercising right or power
- 12Paragraph 12
- Interpretation of Part II
- 13Paragraph 13
- Schedule 7: PRE-1985 FLUORIDATION SCHEMES
- Operation of pre-1985 schemes Repealed
- 1Paragraph 1
- Supplies by other undertakers and revocation or variation of scheme
- 2Paragraph 2
- Publicity and consultation Repealed
- 3Paragraph 3
- Schedule 8: PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC.
- Trade effluent agreements
- 1Paragraph 1
- Authorisations having effect as deemed consents under the Control of Pollution Act 1974
- 2Paragraph 2
- Appeals in respect of consents under paragraph 2
- 3Paragraph 3
- Determinations of disputes as to transitional matters
- 4Paragraph 4
- Regulations as to residue of agreements
- 5Paragraph 5
- Schedule 9: MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- Adaptation of the Compulsory Purchase Act 1965
- 2Paragraph 2
- Section 7 of the 1965 Act
- 3Paragraph 3
- Section 8 of the 1965 Act
- 4Paragraph 4
- Effect of deed poll
- 5Paragraph 5
- Section 11 of the 1965 Act
- 6Paragraph 6
- Section 20 of the 1965 Act
- 7Paragraph 7
- Section 22 of the 1965 Act
- 8Paragraph 8
- Schedule 10: PROCEDURE RELATING TO BYELAWS UNDER SECTION 157
- Confirmation of byelaws
- 1Paragraph 1
- Confirmation with or without modifications
- 2Paragraph 2
- Commencement of byelaw
- 3Paragraph 3
- Availability of confirmed byelaws
- 4Paragraph 4
- Revocation of byelaws
- 5Paragraph 5
- Proof of byelaws etc.
- 6Paragraph 6
- Schedule 11: ORDERS CONFERRING COMPULSORY WORKS POWERS
- Applications for orders
- 1Paragraph 1
- Supply of copies of draft orders
- 2Paragraph 2
- Powers on an application
- 3Paragraph 3
- Consideration of objections etc.
- 4Paragraph 4
- Notice after making of order
- 5Paragraph 5
- Compulsory acquisition provisions
- 6Paragraph 6
- Compensation in certain cases of compulsory acquisition
- 7Paragraph 7
- Compensation in respect of powers other than acquisition powers
- 8Paragraph 8
- Protection of public undertakings
- 9Paragraph 9
- Interpretation
- 10Paragraph 10
- Schedule 12: COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS
- Compensation in respect of street works powers
- 1Paragraph 1
- Compensation in respect of pipe-laying works in private land
- 2Paragraph 2
- Assessment of compensation under paragraph 2
- 3Paragraph 3
- Compensation in respect of sewerage works etc.
- 4Paragraph 4
- Compensation in respect of metering works
- 5Paragraph 5
- Compensation in respect of discharges for works purposes
- 6Paragraph 6
- Schedule 13: PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS
- Part I: PROVISIONS APPLYING GENERALLY
- General provisions protecting undertakings
- 1Paragraph 1
- Protection for statutory powers and jurisdiction
- 2Paragraph 2
- Special protection for certain undertakings in respect of street works
- 3Paragraph 3
- Protection for electronic communications networks
- 4Paragraph 4
- Part II: FURTHER PROTECTIVE PROVISIONS IN RESPECT OF SEWERAGE POWERS
- Protection for dock undertakers
- 5Paragraph 5
- Protection for airports, railways etc.
- 6Paragraph 6
- Saving for Part I and other powers
- 7Paragraph 7
- Schedule 14: MINERAL RIGHTS
- Acquisition of mineral rights
- 1Paragraph 1
- Notice required for the working of underlying mines
- 2Paragraph 2
- Mining communications
- 3Paragraph 3
- Compensation relating to severance
- 4Paragraph 4
- Powers of entry
- 5Paragraph 5
- No exemption for injury to mines and minerals
- 6Paragraph 6
- Interpretation
- 7Paragraph 7
- Schedule 15: DISCLOSURE OF INFORMATION
- IPERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE
- IIENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE
- Schedule 16: PROCEDURE ON APPEALS UNDER SECTION 207A
- Regulations as to procedure
- 1Paragraph 1
- Particular provision
- 2Paragraph 2
- Consideration and determination of appeals
- 3Paragraph 3
- Evidence
- 4Paragraph 4
- 5Paragraph 5
- Appeal rules
- 6Paragraph 6
- Interpretation
- 7Paragraph 7
- Schedule Table of DerivationsSchedule Table of Derivations