SCHEDULES

SCHEDULE 7Minor and consequential amendments

Part 2New regulatory arrangements, etc

Water Industry Act 1991 (c. 56)

27

I1I4I6I91

The WIA is amended as follows.

I32

In section 35 (construction of merger provisions), whose insertion into the WIA is provided for by section 70(1) of the Enterprise Act 2002 (c. 40), in subsection (1), in the definition of “water enterprise”, for “water undertaker” there is substituted “ relevant undertaker ”.

I73

In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with complaints), for “customer service committee” there is substituted “ regional committee ”.

I74

In section 181 (complaints with respect to the exercise of works powers on private land), in subsection (2)(c), for “the appropriate customer service committee” there is substituted “ the Council ”.

5

In section 206 (restrictions on disclosure of information)—

a

in subsection (3)—

I8i

in paragraph (a), before “, the Competition Commission” there is inserted “ , the Council ”,

I2ii

in that paragraph, for “or regulations under section 2 of the Pollution Prevention and Control Act 1999” there is substituted “ , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003 ”,

I2iii

in paragraph (b), for “or the Water Act 1989” there is substituted “ , the Water Act 1989 or the Water Act 2003 ”,

I8iv

in paragraph (c), for “of any arrangements made by the Director under section 29(6) above or of any duty imposed by” there is substituted “ of any duty imposed by section 27H above or ”,

I2v

in paragraph (j)—

a

after “the Water Act 1989” there is inserted “ , the Water Act 2003 ”,

b

for “or that Act of 1989” there is substituted “ , the Water Act 1989 or the Water Act 2003 ”,

b

in subsection (4)(a)—

I8i

for “a customer service committee” there is substituted “ the Council (or any regional committee) ”,

I2ii

for “or regulations under section 2 of the Pollution Prevention and Control Act 1999” there is substituted “ , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003 ”.

I76

In section 208 (directions in the interests of national security), after subsection (3) there is inserted—

3A

The Secretary of State may, after consultation with the Council, give to the Council such directions of a general character as appear to the Secretary of State to be requisite or expedient—

a

in the interests of national security; or

b

in connection with any civil emergency which may occur.

3B

If it appears to the Secretary of State to be requisite or expedient to do so—

a

in the interests of national security; or

b

in connection with any civil emergency which has occurred or may occur,

he may, after consultation with the Council, give to the Council a direction requiring it to do, or not to do, a particular thing specified in the direction.

3C

The Council shall comply with any direction given to it by the Secretary of State under this section.

7

In section 219(1) (interpretation)—

I2a

after the definition of “analyse” there is inserted—

“the Assembly” means the National Assembly for Wales;

“the Authority” means the Water Services Regulation Authority;

I5b

after the definition of “contravention” there is inserted—

“the Council” means the Consumer Council for Water;

I10c

the definition of “the Director” is omitted,

I7d

after the definition of “records” there is inserted—

“regional committee” means a regional committee of the Council established under section 27A above;