Office of Public Sector Information
SCHEDULE 4 continued
(3) The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.
(4) A person who contravenes subsection (1) above shall be guilty of an offence.
(5) Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.
(6) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to a fine.
(7) No proceedings for an offence under this section shall be instituted except by—
(a) the Secretary of State, or
(b) the Authority.
(8) The functions of—
(a) making regulations under subsection (3) above; and
(b) instituting proceedings under subsection (7)(a) above,
are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.
(9) In this section and sections 66J and 66L below, references to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.
(1) Subject to subsections (2) and (3) and section 66K below, no person shall introduce water into a water undertaker’s supply system (other than the undertaker itself).
(2) Subsection (1) above shall not apply where the water is introduced—
(a) by a licensed water supplier in pursuance of its licence, or
(b) by another water undertaker under an agreement for a supply of water in bulk.
(3) The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.
(4) A person who contravenes subsection (1) above shall be guilty of an offence.
(5) Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.
(6) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,000, and
(b) on conviction on indictment, to a fine.
(7) For the purposes of section 210 below, the penalty on conviction on indictment of an offence under this section shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.
(8) No proceedings for an offence under this section shall be instituted except by—
(a) the Secretary of State; or
(b) the Authority.
(9) The functions of—
(a) making regulations under subsection (3) above; and
(b) instituting proceedings under subsection (8)(a) above,
are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.
(1) The Secretary of State may by order made by statutory instrument grant exemption from section 66I(1) or 66J(1) above to—
(a) a person or persons of a class;
(b) generally or to such extent as may be specified in the order; and
(c) unconditionally or subject to such conditions as may be so specified.
(2) Before making an order under subsection (1) above the Secretary of State shall give notice—
(a) stating that he proposes to make such an order and setting out the terms of the proposed order;
(b) stating the reasons why he proposes to make the order in the terms proposed; and
(c) specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposals may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(3) The notice required by subsection (2) above shall be given—
(a) by serving a copy of it on the Authority; and
(b) by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.
(4) Notice of an exemption granted to a person shall be given—
(a) by serving a copy of the exemption on him; and
(b) by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of other persons who may be affected by it.
(5) Notice of an exemption granted to persons of a class shall be given by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of—
(a) persons of that class; and
(b) other persons who may be affected by it.
(6) An exemption may be granted—
(a) indefinitely; or
(b) for a period specified in, or determined by or under, the exemption.
(7) Conditions included in an exemption by virtue of subsection (1)(c) above may, in particular, require any person carrying on any activity in pursuance of the exemption—
(a) to comply with any direction given by the Secretary of State or the Authority as to such matters as are specified in the exemption or are of a description so specified;
(b) except in so far as the Secretary of State or the Authority consents to his doing or not doing them, not to do or to do such things as are specified in the exemption or are of a description so specified; and
(c) to refer for determination by the Secretary of State or the Authority such questions arising under the exemption as are specified in the exemption or are of a description so specified.
(1) The Secretary of State may by order made by statutory instrument revoke an order by which an exemption was granted to a person under section 66K(1) above or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—
(a) at the person’s request;
(b) in accordance with any provision of the order by which the exemption was granted; or
(c) if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.
(2) The Secretary of State may by order made by statutory instrument revoke an order by which an exemption was granted to persons of a class under section 66K(1) above or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—
(a) in accordance with any provision of the order by which the exemption was granted; or
(b) if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.
(3) The Secretary of State may by direction withdraw an exemption granted to persons of a class under section 66K(1) above from any person of that class—
(a) at the person’s request;
(b) in accordance with any provision of the order by which the exemption was granted; or
(c) if it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.
(4) Before making an order under subsection (1)(b) or (c) or (2) above or giving a direction under subsection (3)(b) or (c) above, the Secretary of State shall—
(a) consult the Authority; and
(b) give notice—
(i) stating that he proposes to make such an order or give such a direction;
(ii) stating the reasons why he proposes to make such an order or give such a direction; and
(iii) specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposals may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) The notice under subsection (4) above shall be given—
(a) where the Secretary of State is proposing to make an order under subsection (1)(b) or (c) above, by serving a copy of it on the person to whom the exemption was granted;
(b) where he is proposing to make an order under subsection (2) above, by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of the class of persons to whom the exemption was granted; and
(c) where he is proposing to give a direction under subsection (3)(b) or (c) above, by serving a copy of it on the person from whom he proposes to withdraw the exemption.
(6) A statutory instrument containing an order under subsection (1) or (2) above or subsection (1) of section 66K above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The power to—
(a) make an order under subsection (1) or (2) above or subsection (1) of section 66K above; or
(b) give a direction under subsection (3) above,
is exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.
(8) Accordingly, subsections (1) to (5) above and section 66K above apply in relation to an order made or a direction given by the Assembly by virtue of subsection (7) above as they apply in relation to an order made or direction given by the Secretary of State.”
4 (1) The Water Services Regulation Authority (“the Authority”) may, in accordance with this paragraph, modify the conditions of appointment of a company appointed under Chapter 1 of Part 2 of the WIA to be a water undertaker where it considers it necessary or expedient to do so in consequence of the amendments to the WIA made by this Schedule and Schedule 8.
(2) Where the Authority modifies under sub-paragraph (1) any conditions of appointment it may make such incidental or consequential modifications as it considers necessary or expedient of other conditions of the appointment.
(3) Before making any modifications under sub-paragraph (1) or (2), the Authority shall consult—
(a) the company holding the appointment, and
(b) such other persons (if any) as the Authority thinks it appropriate to consult.
(4) The powers of the Authority under sub-paragraphs (1) and (2) may not be exercised after the end of the period of two years beginning with the first day on which all of the provisions of this Schedule and Schedule 8.
(5) The Secretary of State may give directions to the Authority for the purpose of securing that conditions of appointment are modified in consequence of the amendments to the WIA made by this Schedule and Schedule 8; and the Authority shall comply with any such direction.
Water Act 2003