Section 95ZA Standards of performance in connection with provision of sewerage services: sewerage licenseesF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 95ZA(1) word substituted by Water Act 2014 Sch. 5 para. 39(2)(a)
s. 95ZA(1)(b)(i) word substituted by Water Act 2014 Sch. 5 para. 39(2)(b)
s. 95ZA(2) word substituted by Water Act 2014 Sch. 5 para. 39(2)(c)
s. 95ZA(2) word substituted by Water Act 2014 Sch. 5 para. 39(3)
s. 95ZA(6) inserted by Water Act 2014 Sch. 5 para. 39(4)

(1)

For the purpose of establishing overall standards of performance in connection with the provision of sewerage services by sewerage licensees in accordance with their retail authorisations, the Secretary of State may, in accordance with section 96ZA, by regulations—

(a)

impose requirements in connection with the provision of sewerage services;

(b)

provide for a requirement so imposed to be enforceable under section 18 by—

(i)

the Secretary of State, or

(ii)

the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.

(2)

The Secretary of State may, in accordance with section 96ZA, by regulations prescribe such standards of performance in connection with the provision of sewerage services as, in the Secretary of State's opinion, ought to be achieved in individual cases.

(3)

Regulations under subsection (2) may provide that if a sewerage licensee fails to meet a prescribed standard the licensee must pay such amount as may be prescribed to any person who—

(a)

is affected by the failure, and

(b)

is of a prescribed description.

(4)

Without prejudice to the generality of the power conferred by subsection (2), regulations under subsection (2) may—

(a)

include in a standard of performance a requirement for a sewerage licensee, in prescribed circumstances, to inform a person of that person's rights by virtue of any such regulations;

(b)

provide for a dispute under the regulations to be referred by either party to the dispute to the Authority;

(c)

make provision for the procedure to be followed in connection with any such reference and for the Authority's determination on such a reference to be enforceable in such manner as may be prescribed;

(d)

prescribe circumstances in which a sewerage licensee is to be exempted from requirements of the regulations.

(5)

Where the Authority determines any dispute in accordance with regulations under this section it must, in such manner as may be specified in the regulations, give its reasons for reaching its decision with respect to the dispute.

Annotations

Textual amendments

F1: S. 95ZA inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 30(1), 94(3); S.I. 2016/1007, art. 2(e)

Notes on Part IV

Modifications

C1: Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2: Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).

Notes on Chapter I

Textual amendments

F1: Word in Pt. 4 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 84; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)