Section 39A Information to be given to customers about overall performance.F11

England and Wales

(1)

Each water undertaker shall, in such form and manner and with such frequency as F1the Authority may direct, take steps to inform its customers F2, and, if the direction so specifies, F3water supply licensees using the undertaker’s supply system for the purpose of supplying water to the premises of customers or those customers, of—

(a)

the standards of overall performance established under section 38(1)(b) above which are applicable to that undertaker; and

(b)

that undertaker’s level of performance as respects each of those standards.

(F41A)

Each water supply licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee's customers of—

(a)

the standards of overall performance established under section 38ZA(1) which are applicable to that licensee;

(b)

that licensee's level of performance as regards those standards.

(1B)

The Authority may direct that the requirement in subsection (1A) is not to apply to such water supply licensees as may be specified in the direction.

(2)

In giving F5a direction under subsection (1) or (1A), the Authority shall not specify a frequency of less than once in every period of twelve months.

(F62A)

The F7water supply licensees referred to in subsection (1) above shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers.

(2B)

In subsection (1) above, the reference to the water undertaker’s supply system shall be construed in accordance with F8section 17B above.

(3)

The duty of a water undertaker F9or F10water supply licensee to comply with this section shall be enforceable by the Authority under section 18 above.

Annotations

Textual amendments

F1: Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)
F2: Words in s. 39A(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 13(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)
F3: Words in s. 39A(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F4: S. 39A(1A)(1B) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F5: Words in s. 39A(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F6: S. 39A(2A)(2B) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 13(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)
F7: Words in s. 39A(2A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F8: Words in s. 39A(2B) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F9: Words in s. 39A(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 13(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)
F10: Words in s. 39A(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 51(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F11: S. 39A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 28; Competition and Service (Utilities) Act. 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I

Notes on Part III

Modifications

C1: Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
C2: Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
C3: Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C4: Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C5: Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Notes on Chapter I

Textual amendments

F1: Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)