OpenLegislation

Section 86A Procedure for dealing with complaints.F4F1

England and Wales

(1)

Each water undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the supply of water.

(2)

No such procedure shall be established, and no modification of such a procedure shall be made, unless—

(a)

the water undertaker has consulted the F2regional committee to which it has been allocated; and

(b)

the proposed procedure or modification has been approved by F3the Authority.

(3)

The water undertaker shall—

(a)

publicise the procedure in such manner as may be approved by the Authority; and

(b)

send a description of the procedure, free of charge, to any person who asks for one.

(4)

The Authority may give a direction to a water undertaker requiring the undertaker to review its procedure or the manner in which the procedure operates.

(5)

A direction under subsection (4) above—

(a)

may specify the manner in which the review is to be conducted; and

(b)

shall require a written report of the review to be made to the Authority.

(6)

Where the Authority receives a report under subsection (5)(b) above, it may, after consulting the water undertaker, direct the undertaker to make such modifications of—

(a)

the procedure; or

(b)

the manner in which the procedure operates,

as may be specified in the direction.

(7)

Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.

(8)

The duty of a water undertaker to comply with subsection (1) above and with any direction given to it under subsection (4) or (6) above shall be enforceable by the Authority under section 18 above.

(9)

Where the Authority is considering whether to exercise its powers under subsection (4) or (6) above in relation to a water undertaker, it shall be the duty of that undertaker to give it such information as it may reasonably require for the purpose of assisting it in coming to a decision.

(10)

Section 202 below shall have effect, with the necessary modifications, in relation to information which the Authority requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section.

Annotations

Textual amendments

F1

S. 86A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 29; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

F2

Words in s. 86A(2)(a) substituted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(3); S.I. 2005/2714, art. 2(l)(v)(aa) (with Sch. para. 8)

F3

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)

F4

S. 86A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 29; 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))