Office of Public Sector Information
SCHEDULE 8 continued
(3) In subsection (7)—
(a) after “this Act” there is inserted “or of a licence under Chapter 1A of that Part”, and
(b) after “such an appointment” there is inserted “or licence”.
46 (1) Section 205 (exchange of metering information) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “relevant undertakers” there is substituted “service providers”,
(b) in paragraphs (b) and (c), for “undertakers” there is substituted “providers”,
(c) in paragraph (d), for “undertaker” there is substituted “provider”, and
(d) in the closing words, for “undertaker”, in both places where it appears, there is substituted “provider”.
(3) In subsection (2)—
(a) for “relevant undertaker” there is substituted “service provider”,
(b) for “such undertaker” there is substituted “such provider”, and
(c) for “the undertaker” there is substituted “the provider”.
(4) For subsection (3) there is substituted—
“(3) The duties of a service provider under this section shall be enforceable under section 18 above by the Authority.
(4) For the purposes of this section, the following are service providers—
(a) any relevant undertaker; and
(b) any licensed water supplier.”
47 (1) Section 206 (restriction on disclosure of information) is amended as follows.
(2) In subsection (3), at the end of paragraph (b) there is inserted “or by a licensed water supplier of any of the duties imposed on it by or under this Act”.
(3) In that subsection, in paragraph (c), for “203(1) or (2)” there is substituted “203(1), (1A), (2) or (2A)”.
(4) In subsection (5), in paragraph (a), after “undertaker” there is inserted “, or with the carrying on by a licensed water supplier of activities under its licence,”.
48 (1) Section 208 (directions in the interests of national security) is amended as follows.
(2) In subsections (1) and (2)—
(a) after “relevant undertaker” there is inserted “or licensed water supplier”, and
(b) after “that undertaker” there is inserted “or supplier (as the case may be)”.
(3) In subsection (3), after “relevant undertaker”, in both places where it appears, there is inserted “or licensed water supplier”.
49 (1) Section 213 (power to make regulations) is amended as follows.
(2) In subsection (1), after “section 8(1) or (2)” there is inserted “or 17D(8)”.
(3) In subsection (2)(a), after “sewerage undertaker” there is inserted “or licensed water supplier”.
50 (1) Section 219 (general interpretation) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) of the definition of “customer or potential customer”, at the end there is inserted “(other than a licensed water supplier)”,
(b) in the definition of “water main”—
(i) after “water undertaker” there is inserted “or licensed water supplier”, and
(ii) after “of the undertaker” there is inserted “or supplier”, and
(c) in the appropriate place there is inserted—
““licensed water supplier” shall be construed in accordance with section 17B(9) above;”.
(3) After subsection (4) there is inserted—
“(4A) In this Act, unless otherwise stated, references to the supply system of a water undertaker are to the water mains and other pipes which it is the undertaker’s duty to develop and maintain by virtue of section 37 above.”
51 (1) Schedule 2 (transitional provision on termination of appointments) is amended as follows.
(2) In paragraph 1, in sub-paragraph (1), for “and (3)” there is substituted “to (3A)”.
(3) In that paragraph, in paragraph (a) of sub-paragraph (3), after “company” there is inserted “holding an appointment under Chapter 1 of this Part”.
(4) In that paragraph, after that sub-paragraph there is inserted—
“(3A) The third case in which this Schedule applies is where—
(a) the High Court has made a special administration order in relation to any company which is a qualifying licensed water supplier (“the transferor”); and
(b) it is proposed that on and after the relevant date another company (“the transferee”) should carry on activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Act which were carried on by the transferor until that date.”
(5) In that paragraph, in sub-paragraph (4)—
(a) in paragraph (b) of the definition of “the relevant date”, after “sub-paragraph (3)” there is inserted “or (3A)”, and
(b) there are inserted in the appropriate places—
““other relevant companies” means any companies, other than the transferor and the transferee, which are likely on or at a time after the relevant date to be holding appointments as water undertakers for any area in which, or in part of which, the activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Act will be carried on by the transferee;”
““transferor” and “transferee” shall be construed in accordance with sub-paragraph (3A) above;”.
(6) In paragraph 2, after sub-paragraph (7) there is inserted—
“(7A) In a case specified in paragraph 1(3A) above—
(a) the preceding provisions of this paragraph shall have effect as if—
(i) any reference to the existing appointee were a reference to the transferor;
(ii) any reference to the new appointee were a reference to the transferee; and
(iii) any reference to other appointees were a reference to other relevant companies; and
(b) sub-paragraph (6) above shall have effect as if the reference to functions were, in relation to a company which is a licensed water supplier, a reference to activities authorised by its licence and any statutory functions imposed on it in consequence of its licence.”
(7) In paragraph 3, after sub-paragraph (6) there is inserted—
“(7) In a case specified in paragraph 1(3A) above the preceding provisions of this paragraph shall have effect as if—
(a) any reference to the existing appointee were a reference to the transferor;
(b) any reference to the new appointee were a reference to the transferee; and
(c) any reference to other appointees were a reference to other relevant companies.”
(8) After paragraph 4 there is inserted—
4A Where a scheme under this Schedule is made in the case specified in paragraph 1(3A) above, the scheme may not provide for the transfer to the transferee of the licence under Chapter 1A of Part 2 of this Act which is held by the transferor.”
(9) In paragraph 5, after sub-paragraph (2) there is inserted—
“(3) In a case specified in paragraph 1(3A) above—
(a) sub-paragraph (2) above shall have effect as if—
(i) any reference to the existing appointee were a reference to the transferor;
(ii) any reference to the new appointee were a reference to the transferee; and
(iii) any reference to any other appointee or appointees were a reference to any other relevant company or companies; and
(b) paragraph (g) of that sub-paragraph shall have effect as if the reference to two or more such appointees as are mentioned in paragraph (f) of that sub-paragraph were a reference to two or more such persons as are mentioned in that paragraph (as it has effect by virtue of paragraph (a) above).”
(10) In paragraph 6, after sub-paragraph (8) there is inserted—
“(9) In a case specified in paragraph 1(3A) above, the preceding provisions of this paragraph shall have effect as if—
(a) any reference to the existing appointee were a reference to the transferor; and
(b) any reference to the new appointee were a reference to the transferee.”
52 (1) Schedule 3 (special administration orders) is amended as follows.
(2) In paragraph 4—
(a) in paragraph (a), at the end there is inserted “or a licence under Chapter 1A of that Part”, and
(b) in paragraph (b), at the end there is inserted “or licence”.
(3) In paragraph 10(2)—
(a) after “1991” there is inserted “or its licence under Chapter 1A of that Part”, and
(b) after “that appointment” there is inserted “or licence”.
53 (1) The WRA is amended as follows.
(2) In section 203 (exchange of information with respect to pollution incidents etc)—
(a) after subsection (1) there is inserted—
“(1A) It shall be the duty of the Agency to provide a licensed water supplier with all such information to which this section applies as is in the possession of the Agency and is reasonably requested by the supplier for purposes connected with the carrying on of activities under its licence.”,
(b) after subsection (2) there is inserted—
“(2A) It shall be the duty of every licensed water supplier to provide the Agency with all such information to which this section applies as is in the possession of the supplier and is reasonably requested by the Agency for purposes connected with the carrying out of any of its functions.”,
(c) for subsection (3) there is substituted—
“(3) Information provided to a water undertaker, to a licensed water supplier or to the Agency under subsection (1), (1A), (2) or (2A) above shall be provided in such form and in such manner and at such times as the undertaker, the supplier or the Agency, as the case may be, may reasonably require.”,
(d) in subsection (4)—
(i) for “subsection (1) or (2)” there is inserted “subsection (1), (1A), (2) or (2A)”, and
(ii) after “undertaker” there is inserted “, to a licensed water supplier”,
(e) in subsection (5), for “a water undertaker under subsection (2) above shall” there is substituted—
“(a) a water undertaker under subsection (2) above; or
(b) a licensed water supplier under subsection (2A) above,
shall”, and
(f) after subsection (7) there is inserted—
“(8) Any reference in this section to a licensed water supplier is a reference to a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991.”
(3) In section 204 (restriction on disclosure of information)—
(a) in paragraph (b) of subsection (2), for “or sewerage undertaker” there is substituted “, sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991”,
(b) in paragraph (c) of that subsection, for “203(1) or (2)” there is substituted “203(1), (1A), (2) or (2A)”, and
(c) in subsection (4)(a), after “sewerage undertaker” there is inserted “, or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,”.
54 In Schedule 7 to the Competition Act 1998, in paragraph 19A(9), in the definition of “special reference group”, in paragraph (g), for “or 14” there is substituted “, 14 or 17K”.
55 (1) The Enterprise Act 2002 is amended as follows.
(2) In section 168 (regulated markets)—
(a) after subsection (3)(f) there is inserted—
“(ff) modifying the conditions of a licence granted under Chapter 1A of Part 2 of the Act of 1991 or modifying the terms and conditions of an agreement under section 66D of that Act;”, and
(b) after subsection (4)(f) there is inserted—
“(ff) in relation to a licence granted under Chapter 1A of Part 2 of the Act of 1991 or an agreement under section 66D of that Act, the duties of the Authority under section 2 of that Act or under that section and section 66D of that Act (as the case may be);”.
(3) In section 249 (special administration regimes), in subsection (1), after paragraph (a) there is inserted—
“(aa) a qualifying licensed water supplier within the meaning of subsection (6) of section 23 of the Water Industry Act 1991 (meaning and effect of special administration order),”.
Water Act 2003