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Water Industry Act 1991
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Changes over time for: Section 89
Changes to legislation:
Water Industry Act 1991, Section 89 is up to date with all changes known to be in force on or before 03 May 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 3 Ch. 2B inserted by 2014 c. 21 s. 12
- s. 17(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 4(4)(b) (as substituted) by S.I. 2019/1245 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 17A(c) repealed by 2014 c. 21 Sch. 5 para. 4(2(c)
- s. 17A(d) repealed by 2014 c. 21 Sch. 5 para. 4(2)(c)
- s. 17A(2)(ba) and word inserted by 2014 c. 21 Sch. 5 para. 4(2)(b)
- s. 17R(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 4(7)(b) (as substituted) by S.I. 2019/1245 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 17AA(1)(ba)(bb) inserted by 2014 c. 21 Sch. 5 para. 5(2)
- s. 17BA(5A) inserted by 2014 c. 21 Sch. 5 para. 7(3)
- s. 17HA(9)(b)(ia) inserted by 2014 c. 21 Sch. 5 para. 16(2)
- s. 23(2AA) inserted by 2014 c. 21 Sch. 7 para. 35(4)
- s. 23(8)(9) inserted by 2014 c. 21 Sch. 7 para. 35(10)
- s. 39E-39H inserted by 2021 c. 30 s. 78(7)
- s. 87(7C)-(7F) inserted by 2012 c. 7 s. 35(6)
- s. 94A-94E inserted by 2021 c. 30 s. 79
- s. 95ZA(6) inserted by 2014 c. 21 Sch. 5 para. 39(4)
- s. 96ZA(2)-(5) substituted for s. 96ZA(2) by 2014 c. 21 Sch. 5 para. 40
- s. 106B(3A) inserted by 2014 c. 21 Sch. 7 para. 94
- s. 117G(2)(aa) inserted by 2014 c. 21 Sch. 5 para. 41(2)
- s. 117G(4)-(4D) substituted for s. 117(4) by 2014 c. 21 Sch. 5 para. 41(3)
- s. 117G(6)(aa) inserted by 2014 c. 21 Sch. 5 para. 41(4)
- s. 117K(2)(aa) inserted by 2014 c. 21 Sch. 5 para. 42(2)
- s. 117K(5)(5A) substituted for s. 117(5) by 2014 c. 21 Sch. 5 para. 42(3)
- s. 117L(9) inserted by 2014 c. 21 Sch. 5 para. 43(3)
- s. 117N(4)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(2)
- s. 117N(8)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(3)
- s. 117N(11)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(4)
- s. 117O(4)(aa) inserted by 2014 c. 21 Sch. 5 para. 46(2)
- s. 117O(8)(aa) inserted by 2014 c. 21 Sch. 5 para. 46(3)
- s. 117S(7)-(9) inserted by 2014 c. 21 Sch. 5 para. 49
- s. 119(2)(ab) inserted by 2003 c. 37 s. 89(1)(a)
- s. 119(3) inserted by 2003 c. 37 s. 89(1)(b)
- s. 121(1)(ba) inserted by 2003 c. 37 s. 89(2)(a)
- s. 141DA inserted by 2021 c. 30 s. 81
- s. 141DC inserted by 2021 c. 30 s. 83
- s. 177K(7)(aa) inserted by 2014 c. 21 Sch. 5 para. 42(4)
- s. 207D and cross-heading inserted by 2014 c. 21 s. 39
- s. 207D(5) word repealed by 2014 c. 21 Sch. 5 para. 52(a)
- s. 207D(5) words inserted by 2014 c. 21 Sch. 5 para. 52(b)
- s. 213(1ZA) inserted by 2014 c. 21 Sch. 7 para. 119(3)
- s. 213(1ZA) repealed by 2014 c. 21 Sch. 5 para. 53
[F289Consultation F1... E+W
(1)Before taking any step mentioned in subsection (2) below, [F3a relevant authority] shall—
(a)consult and ascertain opinion in accordance with regulations made by [F4that authority]; and
(b)comply with the requirements set out in regulations made by [F5that authority].
(2)The steps are—
(a)requesting a water undertaker to enter into arrangements under section 87(1) above;
(b)requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;
(c)giving notice to a water undertaker under section 87C(7) above to terminate any such arrangements;
(d)maintaining any such arrangements in prescribed circumstances.
(3)Regulations—
(a)under paragraph (a) of subsection (1) above shall include provision about the process which [F6the relevant authority is] to follow for the purposes of that paragraph;
(b)under paragraph (b) of that subsection shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken.
(4)Subsection (1) above shall not apply in relation to a proposal by [F7a relevant authority] to take the step mentioned in subsection (2)(c) above if [F8that authority so directs] by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).
(5)[F9In this section “appropriate authority”—
(a)in a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly;
(b)in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and
(c)in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.]]
Textual Amendments
F1Word in s. 89 heading omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(5)(a), 186(6); S.I. 2022/1003, reg. 3(a)
F2S. 89 substituted (18.2.2005 for E. for specified purposes, 1.8.2008 for E. for further specified purposes and 25.2.2009 for E. insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(5), 105(3); S.I. 2005/344, art. 2; S.I. 2008/1922, art. 2(b)(c); S.I. 2009/359, arts. 2(c) (with saving in art. 3, Sch.)
F3Words in s. 89(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(i), 186(6); S.I. 2022/1003, reg. 3(a)
F4Words in s. 89(1)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(a)
F5Words in s. 89(1)(b) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(a)
F6Words in s. 89(3)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(c), 186(6); S.I. 2022/1003, reg. 3(a)
F7Words in s. 89(4) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(d)(i), 186(6); S.I. 2022/1003, reg. 3(a)
F8Words in s. 89(4) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(5)(d)(ii), 186(6); S.I. 2022/1003, reg. 3(a)
F9S. 89(5) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(13)(f), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C1Pt. 3 Ch. 4 modified (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 37(1), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
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