Water Industry Act 1991 in Scotland
1991 c. 56 · Enacted 25 July 1991 · Extends to United Kingdom
Contents
- 1AWater Services Regulation Authority
- Chapter I: APPOINTMENTS
- Making of appointments
- Conditions of appointments
- 11Power to impose conditions.
- 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
- 13Modification by agreement.
- 16CModification by the Welsh Ministers: special administration orders
- 16DModifications under section 16C: procedural requirements
- 17AAWater supply licences: restrictions on grants
- 17BASewerage licences
- 17BBSewerage licences: restrictions on grants
- 17DAGuidance
- 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
- Enforcement orders
- Financial penalties
- 22BStatement of policy with respect to penalties
- 22DInterest and payment of instalments
- 27ZAPower to require information for purpose of monitoring
- 27BCo-operation between Council and other authorities
- General functions of the Council
- 27DAcquisition and review of information
- 27FProvision of information to consumers
- 27GPower to publish information and advice about consumer matters
- 27IPublication of notice of reasons
- 27JProvision of information by the Council
- 28Customer service committees. Repealed
- 29Consumer complaints
- 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.
- 33AExceptions to duty to make reference
- 33BOpinion of the Authority
- 33CStatement of methods
- 33DUndertakings in lieu of a merger reference
- 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
- 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
- 37General duty to maintain water supply system etc.
- 37AAWater resources management plans for England: resilience
- 37BWater resources management plans: publication and representations
- 38ZAStandards of performance in connection with the supply of water: water supply licensees
- 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
- 43ACalculation of “discounted aggregate deficit” for the purposes of section 42
- Domestic connections
- 50Restriction on imposition of condition requiring separate service pipes.
- 51Time for performance of connection etc. duties.
- 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
- Domestic supplies
- 54Enforcement of domestic supply duty.
- Other supplies
- 56Determinations on requests for non-domestic supplies.
- 59Supplies for other public purposes.
- Disconnections
- 60Disconnections for the carrying out of necessary works.
- 62Disconnections at request of customer.
- 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
- 66Requirements by undertaker for maintaining pressure.
- 66AWholesale water supply by primary water undertaker
- 66DACodes in respect of section 66D agreements
- 66DBCodes under section 66DA: procedure
- 66DCCodes under section 66DA: minor or urgent revisions
- Offences
- 66KSections 66I and 66J: exemptions
- 66LSection 66K: supplementary
- Chapter III: Quality and Sufficiency of Supplies
- Standards of wholesomeness
- 76ATemporary bans: supplemental
- 76BTemporary bans: procedure
- 76COrders under sections 76 and 76A
- Local authority functions
- 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.
- 86ZACharging of fees
- Complaints
- 88APower to vary target concentration of fluoride
- 88BRequirement for fluoridation proposal: England Repealed
- 88CInitial consultation etc. on fluoridation proposal 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
- 90BOld English fluoridation arrangements: transitional provision
- 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
- 95ZAStandards of performance in connection with provision of sewerage services: sewerage licensees
- 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
- 100ACalculation of “discounted aggregate deficit” for the purposes of section 99
- 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
- 106ASustainable drainage
- 106BRequirement to enter into agreement before construction
- 109Unlawful communications.
- 110Determination of disputes with respect to cross boundary sewers.
- 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
- 114Power to investigate defective drain or sewer.
- Sustainable drainage
- 114ADrainage systems relieving public sewers
- Use of pipes for sewerage purposes
- Complaints
- Interpretation of Chapter II
- 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
- 117PProhibition on unauthorised use of sewerage system
- 117QProhibition on unauthorised removal of matter from sewerage system
- Consent for discharge of trade effluent into public sewer
- 118Consent required for discharge of trade effluent into public sewer.
- 122Appeals to the Authority with respect to decisions on applications etc.
- 124Variation of consents.
- 125Variations within time limit.
- 126Appeals with respect to variations of consent.
- Application for variation of time for discharge
- 128Application for variation of time for discharge.
- 129Agreements with respect to the disposal etc of trade effluent.
- References and reviews relating to special category effluent
- 135Restrictions on power to fix charges under Chapter III.
- 136Evidence from meters etc.
- 140Pre-1989 Act authority for trade effluent discharges etc.
- Interpretation of Chapter III
- Chapter 4: Storm overflows
- 141DAReporting on discharges from storm overflows
- 141DBMonitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works
- 143ARegulations as to provisions to be included in charges schemes.
- 143AASpecial provision under section 143A: financial arrangements
- 143ABSpecial provision under section 143A: consultation
- 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
- 144ARight of consumer to elect for charging by reference to volume.
- 144BRestriction on undertakers’ power to require fixing of charges by reference to volume.
- General restrictions on charging
- Metering
- Charging for services provided with the help of an undertaker
- Interpretation of Chapter I
- 150BMeaning of “consumer” in Chapter I.
- 154BFinancial assistance for major works
- Chapter I: UNDERTAKERS’ POWERS
- Powers in relation to land
- 157Byelaws with respect to undertakers’ waterways and land.
- Pipe-laying
- Other works powers
- 160Power to carry out works for sewerage purposes.
- Powers to discharge water
- 165Discharges for works purposes.
- Compulsory works orders
- Entry to land etc. by water undertakers
- 168Entry for works purposes.
- 170Entry etc. for other purposes.
- 172Entry for metering purposes.
- 173Impersonation of persons entitled to entry.
- Chapter II: PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.
- Protection of apparatus in general
- Protection of meters
- 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
- Damage etc. caused by works
- 180Compensation for damage caused by works etc.
- 182Codes of practice with respect to work on private land.
- Protective provisions
- 183Protection for particular undertakings.
- 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.
- Interpretation of Part VI
- 196Trade effluent registers.
- 197Register for the purposes of works discharges.
- 200Provision of sewer maps to local authorities.
- Publication of certain information and advice
- Powers to acquire and duties to provide information
- 204Provision of information to sewerage undertakers with respect to trade effluent discharges.
- Pollution incident reduction plans
- Provision 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
- 209ARights of tenants in relation to metering.
- Offences
- 210Offences by bodies corporate.
- Judicial disqualification
- 212Judicial disqualification.
- 214Power to prescribe forms.
- Local inquiries
- Construction of Act
- 216Provisions relating to the service of documents.
- 218Meaning of “domestic purposes” in relation to water supply.
- 220Effect of local Acts.
- Other supplemental provisions
- 223Short title, commencement and extent.
- 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
- Part I: MODIFICATIONS OF THE 1986 ACT
- General application of provisions of 1986 Act
- Effect of order
- Appointment of special administrator
- 3Paragraph 3
- General powers of special administrator
- Power to deal with charged property
- Duties of special administrator
- 6Paragraph 6
- Discharge of order
- Notice of making of order
- Statement of proposals
- Applications to court
- 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 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
- 1Paragraph 1
- 3Paragraph 3
- 5Paragraph 5
- 6Paragraph 6
- 9AParagraph 9A
- 10Paragraph 10
- 10AParagraph 10A
- 11Paragraph 11
- 14Paragraph 14
- Applications for orders
- 1Paragraph 1
- Supply of copies of draft orders
- 2Paragraph 2
- Modifications of proposals
- 3Paragraph 3
- Consideration of objections etc.
- 4Paragraph 4
- 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
- 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
- Obstruction of person exercising right or power
- 12Paragraph 12
- Interpretation of Part II
- 13Paragraph 13
- Operation of pre-1985 schemes Repealed
- 1Paragraph 1
- Supplies by other undertakers and revocation or variation of scheme
- Publicity and consultation Repealed
- Trade effluent agreements
- 1Paragraph 1
- Authorisations having effect as deemed consents under the Control of Pollution Act 1974
- 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
- 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
- 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
- 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
- Applications for orders
- 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
- Compensation in certain cases of compulsory acquisition
- 7Paragraph 7
- Compensation in respect of powers other than acquisition powers
- Protection of public undertakings
- 9Paragraph 9
- Interpretation
- Compensation in respect of street works powers
- Compensation in respect of pipe-laying works in private land
- 2Paragraph 2
- Assessment of compensation under paragraph 2
- Compensation in respect of sewerage works etc.
- Compensation in respect of metering works
- 5Paragraph 5
- Compensation in respect of discharges for works purposes
- 6Paragraph 6
- Part I: PROVISIONS APPLYING GENERALLY
- General provisions protecting undertakings
- Protection for statutory powers and jurisdiction
- 2Paragraph 2
- Special protection for certain undertakings in respect of street works
- 3Paragraph 3
- 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
- Acquisition of mineral rights
- 1Paragraph 1
- Notice required for the working of underlying mines
- 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 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