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Water Industry Act 1991
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Changes over time for: Section 40B
Version Superseded: 01/04/2018
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- 06/04/2015- Amendment
- 01/11/2016- Amendment
- 30/03/2017
Point in time - 01/04/2018- Amendment
- 01/04/2019- Amendment
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Water Industry Act 1991, Section 40B is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F140BCodes in respect of bulk supply agreementsE+W
(1)The Authority may issue one or more codes in respect of bulk supply agreements.
(2)A code may make provision about—
(a)procedures in connection with making a bulk supply agreement;
(b)procedures in connection with varying or terminating a bulk supply agreement;
(c)procedures to be followed by the Authority in determining whether to make an order under section 40(3) or 40A(1);
(d)the terms and conditions of a bulk supply agreement, including terms as to the duration of such an agreement;
(e)principles for determining the terms and conditions that should or should not be incorporated into a bulk supply agreement;
(f)the steps to be taken by the Authority in determining whether a person is complying with a code.
(3)A code must include provision requiring persons proposing to make, vary or terminate a bulk supply agreement to consult the appropriate agency.
(4)If the Authority considers that a water undertaker is not acting as required by a code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.
(5)The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.
(6)It is the duty of a water undertaker to comply with a direction under subsection (4), and this duty is enforceable by the Authority under section 18.
(7)A code may make different provision for different persons or different descriptions of person.
(8)The Authority may from time to time revise a code issued under this section and issue a revised code.
(9)A revised code may include provision for applying any of its revisions to bulk supply agreements made before the revised code comes into force.
(10)In this section “the appropriate agency”, in relation to a bulk supply agreement or proposed bulk supply agreement, means the body that would be consulted by the Authority under section 40(4) or 40A(2) if an order under section 40(3) or 40A(1) were being considered in relation to the agreement or proposed agreement.]
Textual Amendments
F1Ss. 40-40J substituted for s. 40 (6.4.2015 for the insertion of s. 40J, 1.11.2016 for the insertion of s. 40E for specified purposes and s. 40I) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2015/773, art. 2(1)(a)(i) (with art. 4); S.I. 2016/1007, art. 2(b)
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