OpenLegislation

The Water Act 2014 (Consequential Amendments etc.) Order 2017

S.I. 2017/506 · Made 30 March 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 15 June 2018.

Environmental Protection

Water Industry

Made 30th March 2017

Coming into force in accordance with article 1(1)

The Secretary of State makes this Order in exercise of the powers conferred by—

(a)

section 103(1)(a) and (2) of the Water Act 2003f1, and

(b)

section 90(1) and (2) of the Water Act 2014f2.

In accordance with section 104(2) of the Water Act 2003 and section 90(3) of the Water Act 2014, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2003 c. 37.

f2

2014 c. 21.

Contents

  1. Part 1: General
  2. 1Citation, commencement and interpretation
  3. Part 2: Consequential amendments to primary legislation
  4. 2Telecommunications Act 1984
  5. 3Airports Act 1986
  6. 4Water Act 1989
  7. 5Food Safety Act 1990
  8. 6The 1991 Act
  9. 7Water Resources Act 1991
  10. 8Railways Act 1993
  11. 9Coal Industry Act 1994
  12. 10Environment Act 1995
  13. 11Greater London Authority Act 1999
  14. 12Utilities Act 2000
  15. 13Transport Act 2000
  16. 14Enterprise Act 2002
  17. 15Regulatory Enforcement and Sanctions Act 2008
  18. 16Civil Aviation Act 2012
  19. Part 3: Consequential amendments and modifications to secondary legislation
  20. 17The Water Supply (Water Fittings) Regulations 1999
  21. 18The Drinking Water (Undertakings) (England and Wales) Regulations 2000
  22. 19The Water Industry (Determination of Turnover for Penalties) Order 2005
  23. 20The Water Supply (Fluoridation Indemnities) (England) Regulations 2005
  24. 21The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005
  25. 22The Water Supply Licence (New Customer Exception) Regulations 2005
  26. 23The Water Resale Order 2006
  27. 24The Cross-Border Insolvency Regulations 2006
  28. 25The Water Industry (Special Administration) Rules 2009
  29. 26The Flood Risk Regulations 2009
  30. 27The Private Water Supplies (Wales) Regulations 2010
  31. 28The Water Supply (Water Quality) Regulations 2010 Repealed
  32. 29The Postal Services Act 2011 (Disclosure of Information) Order 2012
  33. 30The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013
  34. 31The Insolvency (Protection of Essential Supplies) Order 2015
  35. 32The Water Supply (Water Quality) Regulations 2016
  36. 33The Private Water Supplies (England) Regulations 2016
  37. Part 4: Transitional provision
  38. 34The 1991 Act
  39. Signature
  40. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Water Act 2014 (Consequential Amendments etc.) Order 2017 and comes into force on the day after the day on which it is made.

(2)

In this Order—

  • “the 1991 Act” means the Water Industry Act 1991f1;

  • “the 2014 Act” means the Water Act 2014.

2Telecommunications Act 1984I1

In section 101(3)(j) of the Telecommunications Act 1984f1, at the end insert “or the Water Act 2014”.

3Airports Act 1986I1

In section 74(3)(k) of the Airports Act 1986f1, at the end insert “or the Water Act 2014”.

4Water Act 1989I1

In section 174(2) of the Water Act 1989f1—

(a)

in paragraph (a), after “the Water Act 2003” insert “, the Water Act 2014”;

(b)

in paragraph (b), after “by or under this Act” insert “, the Water Act 2014”;

(c)

in paragraph (j), after “the Water Act 2003” insert “, the Water Act 2014”.

5Food Safety Act 1990I1

In section 55(b) of the Food Safety Act 1990f1, for “licensed water supplier” substitute “water supply licensee”.

6The 1991 ActI1

(1)

The 1991 Act is amended as follows.

(2)

In sections 2A(9) and 2B(9)f1, for “section 2(1)(b)” substitute “section 2(1)”.

(3)

In section 22A(1)(b)f2—

(a)

at the end of sub-paragraph (i) omit “or”;

(b)

at the end of sub-paragraph (ii) insert—

“or

(iii)

has failed or is failing to achieve any standard of performance prescribed under section 38ZAf3 or 95ZAf4,”.

(4)

In section 66J(2)(a)f5, for “licensed water supplier” substitute “water supply licensee”.

(5)

In section 185f6—

(a)

in subsection (4), for “as the undertaker may reasonably require” substitute “as charging rules allow and the undertaker requires”;

(b)

omit subsections (6) and (7).

(6)

In section 206(3)f7—

(a)

in paragraph (a), after “the Water Act 2003” insert “, the Water Act 2014”;

(b)

in paragraph (b)—

(i)

omit “Chapter 4 of Part 1 of”;

(ii)

at the end insert “, the Water Act 2003 or the Water Act 2014”;

(c)

in paragraph (j)—

(i)

after “the Water Act 2003”, in the first place it occurs, insert “, the Water Act 2014”;

(ii)

for “or the Water Act 2003” substitute “, the Water Act 2003 or the Water Act 2014”.

7Water Resources Act 1991I1

In section 204(2) of the Water Resources Act 1991f1—

(a)

in paragraph (a), after “the Water Act 2003,” insert “the Water Act 2014”;

(b)

in paragraph (b), for “or the Water Act 2003” substitute “, the Water Act 2003 or the Water Act 2014”;

(c)

in paragraph (j)—

(i)

after “the Water Act 2003”, in the first place it occurs, insert “, the Water Act 2014”;

(ii)

for “or the Water Act 2003” substitute “, the Water Act 2003 or the Water Act 2014”.

8Railways Act 1993I1

In section 145 of the Railways Act 1993f1—

(a)

for subsection (2)(b)(vi) substitute—

“(vi)

the Water Services Regulation Authority,”;

(b)

in subsection (3), after paragraph (t) insert—

“(u)

the Water Act 2003;

(v)

the Water Act 2014.”.

9Coal Industry Act 1994I1

In section 59(4) of the Coal Industry Act 1994f1, after paragraph (s) insert—

“(t)

the Water Act 2014.”.

10Environment Act 1995I1

(1)

The Environment Act 1995 is amended as follows.

(2)

In section 108(15)f1—

(a)

in the definition of “local enforcing authority”, in paragraph (d), at the end insert “or regulations under section 61 of the Water Act 2014”;

(b)

in the definition of ““pollution control functions”, in relation to the Agency, the Natural Resources Body for Wales or SEPA”, in the words after paragraph (n), after “the Pollution Prevention and Control Act 1999” insert “or regulations under section 61 of the Water Act 2014”.

(3)

In section 113(5)f2, in the definition of “local enforcing authority”, in paragraph (aa), at the end insert “or regulations under section 61 of the Water Act 2014”.

(4)

In section 114(2)(a)(viii)f3—

(a)

as it applies to England and Wales, at the end insert “or regulations under section 61 of the Water Act 2014 extending to England and Wales”;

(b)

as it applies to Scotland, after “extending to Scotland” insert “, under section 61 of the Water Act 2014 extending to Scotland”.

11Greater London Authority Act 1999I1

In section 235 of the Greater London Authority Act 1999f1—

(a)

for subsection (2)(c)(vi) substitute—

“(vi)

the Water Services Regulation Authority,”;

(b)

in subsection (3)—

(i)

after paragraph (rt) insert—

“(rta)

the Water Act 2003;”;

(ii)

after paragraph (u) insert—

“(v)

the Water Act 2014.”.

12Utilities Act 2000I1

In section 105(6)(l) of the Utilities Act 2000f1, at the end insert “or the Water Act 2014”.

13Transport Act 2000I1

In paragraph 3(3) of Schedule 9 to the Transport Act 2000f1, after paragraph (rg) insert—

“(rh)

the Water Act 2014;”.

14Enterprise Act 2002I1

In Schedule 15 to the Enterprise Act 2002f1, after the entry relating to the Energy Act 2013 insert—

“Water Act 2014.”.

15Regulatory Enforcement and Sanctions Act 2008I1

In Schedule 7 to the Regulatory Enforcement and Sanctions Act 2008f1, after the entry relating to the Vehicle Excise and Registration Act 1994 insert—

“Water Act 2014 (c. 21), section 61”.

16Civil Aviation Act 2012I1

In paragraph 4(3) of Schedule 6 to the Civil Aviation Act 2012f1, after the entry for the Enterprise and Regulatory Reform Act 2013 insert—

“Water Act 2014;”.

17The Water Supply (Water Fittings) Regulations 1999I1

In regulations 2, 3, 5 and 12(1)(aa) of, and Schedules 1 and 2 to, the Water Supply (Water Fittings) Regulations 1999f1, for “licensed water supplier”, in each place it occurs, substitute “water supply licensee”.

18The Drinking Water (Undertakings) (England and Wales) Regulations 2000I1

(1)

The Drinking Water (Undertakings) (England and Wales) Regulations 2000f1 are amended as follows.

(2)

In regulation 1(3)—

(a)

for the definition of “licensed water supplier” substitute—

  • ““water supply licensee” is to be construed in accordance with section 17A(1) of the Water Industry Act 1991f2;”

(b)

in the definition of “the relevant enforcement authority”, for paragraph (a) substitute—

“(a)

in relation to a company whose area of appointment as a water undertaker is wholly or mainly in Wales or a person who is a water supply licensee as regards licensed activities using the supply system of any such water undertaker, the Welsh Ministers;”.

(3)

In regulation 3(1)—

(a)

for “company”, in both places it occurs, substitute “person”;

(b)

in sub-paragraph (e), for “company’s” substitute “person’s”.

(4)

In regulation 4(d), for “company” substitute “person”.

19The Water Industry (Determination of Turnover for Penalties) Order 2005I1

(1)

The Water Industry (Determination of Turnover for Penalties) Order 2005f1 is amended as follows.

(2)

In article 2—

(a)

in paragraph (1)—

(i)

in paragraph (b) of the definition of “business year”, for “licensed water supplier” substitute “water supply licensee or sewerage licensee”;

(ii)

omit the definition of “company”;

(iii)

for the definition of “regulated activities” substitute—

  • ““regulated activities” means—

    1. (a)

      in the case of a person holding an appointment as a water undertaker, its functions as a water undertaker;

    2. (b)

      in the case of a person holding an appointment as a sewerage undertaker, its functions as a sewerage undertaker;

    3. (c)

      in the case of a water supply licensee, the activities authorised by its water supply licence; or

    4. (d)

      in the case of a sewerage licensee, the activities authorised by its sewerage licence;”;

(iv)

at the appropriate places insert—

  • ““person” means a relevant undertakerf2 or a water supply licensee or a sewerage licensee;”;

  • ““sewerage licence” is to be construed in accordance with section 17BA(1) of the Actf3;””.

(b)

in paragraph (2)—

(i)

for “company”, in each place it occurs, substitute “person”;

(ii)

for “company’s”, in both places it occurs, substitute “person’s”.

(3)

In article 3—

(a)

for “company”, in both places it occurs, substitute “person”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a) omit “or”;

(ii)

at the end of sub-paragraph (b) insert—

“or

(c)

a sewerage licence,”.

20The Water Supply (Fluoridation Indemnities) (England) Regulations 2005I1

(1)

The Water Supply (Fluoridation Indemnities) (England) Regulations 2005f1 are amended as follows.

(2)

In regulation 1(2), for “licensed water suppliers” substitute “water supply licensees”.

(3)

In regulation 2(2), for “licensed water supplier” substitute “water supply licensee”.

(4)

In Schedule 2—

(a)

in the heading, for “LICENSED WATER SUPPLIERS” substitute “WATER SUPPLY LICENSEES”;

(b)

for “licensed water supplier”, in each place it occurs, substitute “water supply licensee”.

21The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005I1

In regulation 3(3)(a)(i) of the Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005f1, for “licensed water supplier” substitute “water supply licensee”.

22The Water Supply Licence (New Customer Exception) Regulations 2005I1

(1)

The Water Supply Licence (New Customer Exception) Regulations 2005f1 are amended as follows.

(2)

In regulation 3(1), for “licensed water supplier”, in both places it occurs, substitute “water supply licensee”.

(3)

In regulation 4, for “with the approval of the Secretary of State” substitute “from time to time with the approval of the Welsh Ministers”.

(4)

In regulation 5(1), for “licensed water supplier”, in each place it occurs, substitute “water supply licensee”.

23The Water Resale Order 2006I1

In the Water Resale Order 2006f1 made under section 150 of the 1991 Actf2 by the Director General of Water Servicesf3—

(a)

in paragraph 4, “licensed water supplier” has effect as if it read “water supply licensee or sewerage services provided by a sewerage licensee”;

(b)

in paragraph 5, the definition of “Licensed water supplier” has effect as if it read—

  • ““Water supply licensee or sewerage licensee” is to be construed in accordance with section 17A(1) or 17BA(1) of the Act.”;

(c)

in paragraphs 6 and 9, “licensed water supplier”, in each place it occurs, has effect as if it read “water supply licensee or sewerage licensee”.

24The Cross-Border Insolvency Regulations 2006I1

In Article 1 of Schedule 1 to the Cross-Border Insolvency Regulations 2006f1, in paragraph 2(a), for “licensed water supplier” substitute “water supply licensee”.

25The Water Industry (Special Administration) Rules 2009I1

In rules 3(1), 7(3) and (4)(b) and 8(1)(a) of the Water Industry (Special Administration) Rules 2009f1, for “licensed water supplier” substitute “water supply licensee”.

26The Flood Risk Regulations 2009I1

In regulation 36(3)(e) of the Flood Risk Regulations 2009f1, after “the Water Industry Act 1991 or” insert “a person who holds”.

27The Private Water Supplies (Wales) Regulations 2010I1

(1)

Regulation 8 of the Private Water Supplies (Wales) Regulations 2010f1 is amended as follows—

(a)

in the English language text—

(i)

in the heading, for “licensed water suppliers” substitute “water supply licensees”;

(ii)

for “licensed water supplier”, in both places it occurs, substitute “water supply licensee”;

(b)

in the Welsh language text—

(i)

in the heading, for “gyflenwyr dŵr trwyddedig” substitute “drwyddedeion cyflenwi dŵr”;

(ii)

for “gyflenwr dŵr trwyddedig”, in both places it occurs, substitute “drwyddedai cyflenwi dŵr”.

28The Water Supply (Water Quality) Regulations 2010F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29The Postal Services Act 2011 (Disclosure of Information) Order 2012I1

In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012f1, after the entry for the Energy Act 2013 insert—

“the Water Act 2014;”.

30The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013I1

(1)

The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013f1 are amended as follows.

(2)

In regulation 3—

(a)

for paragraph (3)(a) and (b) substitute—

“(a)

in subsection (1) (when the general duties of the Secretary of State and the Authority apply), after “by virtue of”, there were inserted “the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 or”;

(b)

in subsection (2A) (primary duties)f2—

(i)

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

(ii)

for paragraph (e), there were substituted—

“(e)

to further the resilience objective;

(f)

to secure that the functions of a licensed infrastructure provider are properly carried out; and

(g)

to secure that relevant licensed infrastructure providers are able (in particular, by securing reasonable returns on their capital) to finance the proper carrying out of those function””;”

(b)

omit paragraph (3)(f);

(c)

in paragraph (5)—

(i)

for “section 2(1)(a)” substitute “section 2(1)”;

(ii)

for “licensed water suppliers” substitute “water supply licensees and sewerage licensees”.

(3)

Schedule 1 is amended in accordance with paragraphs (4) to (16).

(4)

In paragraph 1(1)(a), after “paragraphs” insert “1A,”.

(5)

After paragraph 1 insert—

“Strategic priorities and objectives

1A.

Section 2A (strategic priorities and objectives: England)f3 applies without modification.”.

(6)

In paragraph 2—

(a)

for “licensed water supplier” substitute “water supply licensee or sewerage licensee”;

(b)

for ““supplier”” substitute ““sewerage licensee””.

(7)

In paragraph 3—

(a)

in sub-paragraph (1), for “(licensing of water suppliers)” substitute “(water supply licences)”;

(b)

in sub-paragraph (3)(b)(ii)(aa), for “licensed water supplier” substitute “sewerage licensee”;

(c)

for sub-paragraph (3)(b)(ii)(bb) substitute—

“(bb)

for paragraph (b), there were substituted—

“(b)

it is proposed that on and after the relevant date another company (“the transferee”) should carry on—

(i)

where the transferor is a qualifying water supply licensee, activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Actf4 which were carried on by the transferor until that date;

(ii)

where the transferor is a qualifying sewerage licensee, activities relating to the removal or removals of matter mentioned in section 23(9) of this Actf5 which were carried on by the transferor until that date; or

(iii)

where the transferor is a licensed infrastructure provider, functions formerly carried on by the transferor in its capacity as a licensed infrastructure provider””;

(d)

for sub-paragraph (3)(b)(iv)(aa) substitute—

“(aa)

in the definition of “other relevant companies”—

(i)

in paragraph (a), after “this Act” there were inserted “or, as the case may be, the functions to which its project licence relates;

(ii)

in paragraph (b), after “this Act” there were inserted “or, as the case may be, the functions to which its project licence relates””.

(8)

In paragraph 5—

(a)

in sub-paragraph (1), for “water supply licences” substitute “licences”;

(b)

in sub-paragraph (2)—

(i)

in the words before paragraph (a), for “(water supply licences: modification references to the CMA)” substitute “(modification references to competition authority)”;

(ii)

omit paragraph (a);

(iii)

in paragraph (b), for “after “a particular licence”” until the end substitute “after “a particular water supply or sewerage licence” there were inserted “or project licence granted under this Chapter””;

(iv)

in paragraph (c)(i), omit “, (iv)”;

(c)

in sub-paragraph (4)—

(i)

in the words before paragraph (a), omit “water supply licences:”;

(ii)

omit paragraph (a);

(iii)

in paragraph (b)(i), for “each of sub-paragraphs (ii) and (iv)” substitute “sub-paragraph (ii)”;

(d)

in sub-paragraph (5)—

(i)

in the words before paragraph (a), for “(water supply licences: modification following report)” substitute “(modification of licences following report)”;

(ii)

omit paragraph (a);

(iii)

in paragraph (b)(i), omit “, (iii)”;

(e)

in sub-paragraph (6)—

(i)

in the words before paragraph (a), for “(water supply licences: CMA’s power of veto following report)” substitute “(power of veto following report)”;

(ii)

omit paragraph (a);

(iii)

in paragraph (b)(i), omit “, (v)”;

(f)

in sub-paragraph (8)—

(i)

in the words before paragraph (a), for “(water supply licences: modification by order under the Enterprise Act 2002f6)” substitute “(modification by order under other enactments)”;

(ii)

omit paragraph (a);

(iii)

in paragraph (b), for “combined licence” in both places it occurs, substitute “sewerage licence”.

(9)

In paragraph 6—

(a)

in sub-paragraph (1), for “licensed water supplier” substitute “water supply licensee or sewerage licensee”;

(b)

for “company”, in each place it occurs, substitute “person”.

(10)

In paragraph 7—

(a)

for “licensed water supplier”, in each place it occurs, substitute “water supply licensee”;

(b)

in sub-paragraph (2)(b), for “licensed water suppliers” substitute “water supply licensees”.

(11)

In paragraph 8—

(a)

in sub-paragraph (a)(i), for ““licensed water suppliers”” substitute ““sewerage licensees””;

(b)

for sub-paragraph (c)(ii), substitute—

“(ii)

after “(see sections 17A and 17BAf7)” there were inserted “or project licences””.

(12)

In paragraph 11—

(a)

in sub-paragraph (2)(b)(ii) omit “and”;

(b)

after sub-paragraph (2)(b) insert—

“(ba)

in subsection (6) (power of Authority to direct in relation to compliance of a charges scheme)f8—

(i)

in the words before paragraph (a), after “relevant undertaker’s”, there were inserted “or a licensed infrastructure provider’s”;

(ii)

in the words after paragraph (d), after “the undertaker”, there were inserted “or the licensed infrastructure provider”;

(bb)

in subsection (6B) (consultation with the Council about a charges scheme), after “relevant undertaker”, there were inserted “or a licensed infrastructure provider”;

(bc)

in subsection (6C) (power of Authority to direct in relation to compliance of a charges scheme with rules), after “relevant undertaker”, there were inserted “or a licensed infrastructure provider”;

(bd)

in subsection (6D) (duty to comply with a direction), after “relevant undertaker”, there were inserted “or a licensed infrastructure provider”;

(be)

after subsection (6D), there were inserted—

“(6E)

Rules (and revised rules) issued by the Authority under this section in relation to relevant undertakers have effect as if they were issued in relation to licensed infrastructure providers and apply to licensed infrastructure providers as they apply to relevant undertakers, unless otherwise stated.”;”

(c)

omit sub-paragraph (2)(c);

(d)

after sub-paragraph (2) insert—

“(2A)

Section 143B (rules about charges schemes)f9 applies as if—

(a)

in subsection (7), after “relevant undertakers”, there were inserted “or licensed infrastructure providers”;

(b)

after subsection (10), there were inserted—

“(11)

Rules (and revised rules) issued by the Authority under this section in relation to relevant undertakers have effect as if they were issued in relation to licensed infrastructure providers and apply to licensed infrastructure providers as they apply to undertakers, unless otherwise stated.””

(2B)

Section 143C (rules under section 143B: procedure) applies as if in subsection (6)(a), after “England”, there were inserted “or licensed infrastructure providers”.

(2C)

Section 143D (rules under section 143B: minor or urgent revisions) applies without modification.

(2D)

Section 143E (rules under section 143B: guidance) applies as if in subsection (7)(a), after “England”, there were inserted “or licensed infrastructure providers;””

(e)

in sub-paragraph (3)(a), in the text of section 144(1A)(b) of the 1991 Act as it has effect as inserted by that sub-paragraph, for “licensed water supplier” substitute “water supply licensee or sewerage licensee”;

(f)

after sub-paragraph (3) insert—

“(3A)

Section 144ZE (general guidance on charges)f10 applies as if—

(a)

in subsection (13)(a), after “England”, there were inserted “or licensed infrastructure providers”;

(b)

after subsection (13), there were inserted—

“(14)

Guidance (and revised guidance) issued by the Secretary of State under this section which applies to the Authority in relation to relevant undertakers whose areas are wholly or mainly in England has effect as if it was issued in relation to licensed infrastructure providers and applies to licensed infrastructure providers as it applies to the Authority in relation to relevant undertakers whose areas are wholly or mainly in England, unless otherwise stated.”

(3B)

Section 144ZF (guidance under section 144ZE: procedure) applies without modification.”

(13)

In paragraph 13(1)(c)(ii), omit the words “in the first place it occurs,”.

(14)

In paragraph 14—

(a)

omit sub-paragraph (1)(a);

(b)

in sub-paragraph (6)—

(i)

for “licensed water suppliers”, in both places it occurs, substitute “water supply licensees and sewerage licensees”;

(ii)

in paragraph (c), for “licensed water supplier”, in both places it occurs, substitute “sewerage licensee”;

(c)

omit sub-paragraph (7)(a);

(d)

after sub-paragraph (7)(b) insert—

“(c)

in subsection (8) (definition of “the Minister”), after paragraph (a)(ii), there were inserted—

(iii)

any licensed infrastructure provider carrying out functions using the supply system or sewerage system of any such undertaker””

(15)

In paragraph 15—

(a)

in sub-paragraph (a)—

(i)

in paragraph (i), for “licensed water supplier”, in both places it occurs, substitute “sewerage licensee”;

(ii)

in paragraph (ii), for “supplier”, in both places it occurs, substitute “licensee”;

(b)

in sub-paragraph (b)—

(i)

in paragraph (i), for “licensed water supplier”, in both places it occurs, substitute “sewerage licensee”;

(ii)

in paragraph (ii), for “supplier”, in both places it occurs, substitute “licensee”; and

(c)

in sub-paragraph (c)—

(i)

for “licensed water suppliers” substitute “water supply licensees and sewerage licensees”;

(ii)

for “licensed water supplier”, in both places it occurs, substitute “sewerage licensee”.

(16)

In paragraph 16(2)(a)(i), in paragraph (a)(i) of the definition of “customer or potential customer” as it has effect as substituted by that paragraph, for “licensed water supplier” substitute “water supply licensee or sewerage licensee”.

31The Insolvency (Protection of Essential Supplies) Order 2015I1

In article 2 of the Insolvency (Protection of Essential Supplies) Order 2015f1, omit paragraph (4).

32The Water Supply (Water Quality) Regulations 2016I1

(1)

The Water Supply (Water Quality) Regulations 2016f1 are amended as follows.

(2)

In regulations 1(2)(b) and (3)(c), 19(3), 21, 26(2), 28(6), 34(1) and 36(2)(b), for “licensed water supplier”, in each place it occurs, substitute “water supply licensee”.

(3)

In regulation 2—

(a)

omit the definition of “combined licensee”;

(b)

in the definition of “relevant supplier”, for “licensed water supplier” substitute “water supply licensee”;

(c)

for the definition of “retail licensee” substitute—

  • ““retail licensee” means a person who is the holder of a water supply licence with a retail authorisation within the meaning of Schedule 2A to the Act;”;

(d)

in the definition of “water of a relevant description”, for “combined licensee” substitute “wholesale licensee”;

(e)

in the definition of “water supply zone”, for “licensed water supplier” substitute “water supply licensee”;

(f)

at the appropriate place insert—

  • ““wholesale licensee” means a person who is the holder of a water supply licence with a wholesale authorisation within the meaning of Schedule 2A to the Actf2;”.

(4)

In regulations 5(5), 8(3) and (4), 12(2), 13(1) and (4), 14 to 18, 19(1) and (2), 22(3) and (4), 26 to 28, 29(2) and (4), 31 to 34 and 37(2), for “combined licensee”, in each place it occurs, substitute “wholesale licensee”.

(5)

In regulation 34(2), after sub-paragraph (c) insert—

“(ca)

particulars of all consumer contacts made in relation to the discharge of duties under these Regulations;”.

33The Private Water Supplies (England) Regulations 2016I1

(1)

The Private Water Supplies (England) Regulations 2016f1 are amended as follows.

(2)

In regulation 2(1), in the definition of “private water supply” and “private supply of water”, for “licensed water supplier” substitute “water supply licensee”.

(3)

In regulation 8—

(a)

in the heading, for “licensed water suppliers” substitute “water supply licensees”;

(b)

for “licensed water supplier”, in both places it occurs, substitute “water supply licensee”.

34The 1991 ActI1

The amendments made to section 185 of the 1991 Actf1 by article 6(5) do not have effect—

(a)

in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in England until section 20 of the 2014 Act is brought into force by the Secretary of State;

(b)

in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in Wales until section 20 of the 2014 Act is brought into force by the Welsh Ministers.

Signature

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th March 2017

Explanatory note

(This note is not part of the Order)

The Water Industry Act 1991 (c. 56), as amended by the Water Act 2014 (c. 21) (the “2014 Act”), makes changes to the water supply licensing regime in England and Wales and introduces a new sewerage licensing regime in the areas of sewerage undertakers that are wholly or mainly in England.

Part 2 of this Order makes amendments to primary legislation in consequence of those changes and also in consequence of the Water Act 2003 (c. 37). Part 3 makes consequential amendments and modifications to secondary legislation. Part 4 makes a transitional provision.

Impact assessments of the effect that the 2014 Act will have on the costs of business, the voluntary sector and the public sector is available from the Water Services Team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and are published alongside the 2014 Act at www.legislation.gov.uk. No separate impact assessment has been produced for this instrument.