Citation and commencement

1.  This Order may be cited as the Water Quality and Supply (Fees) Order 2016 and comes into force on 1st April 2016.

Interpretation

2.  In this Order—

“the 1991 Act” means the Water Industry Act 1991;

“inspector” means a person appointed under section 86(1) of the 1991 Act (assessors for the enforcement of water quality)(2);

“relevant water supplier” means—

Fees

3.—(1) The Chief Inspector of Drinking Water(6) may charge a relevant water supplier a fee, payable on invoice, for the exercise of the functions in column 1 of the table in the Schedule by an inspector.

(2) The amount of the fee is determined in accordance with the corresponding entry for the function in column 2 of the table in the Schedule.

(3) If a function specified in paragraph (b), (c) or (d) of column 1 of the table in the Schedule is exercised by more than one inspector the time taken by each inspector shall be aggregated for the purpose of calculating the amount of the fee that is payable.

Revocation and savings

4.—(1) The Public Bodies (Water Supply and Water Quality Fees) Order 2013(7) (“the 2013 Order”) is revoked.

(2) The 2013 Order continues to have effect in relation to the exercise by an inspector of a function listed in column 1 of the table in the Schedule to that Order before 1st April 2016.

Review

5.  By 1st April 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015(8) the Secretary of State must—

(a)carry out a review of this Order;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

Article 3

SCHEDULEFEES FOR THE PERFORMANCE OF FUNCTIONS UNDER SECTION 86 OF THE WATER INDUSTRY ACT 1991

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for fees to be payable, and sets out how the amounts of such fees are to be determined, for the exercise of certain functions under the Water Industry Act 1991 (c.56) by an inspector appointed under that Act. The functions are related to the following investigations and reporting requirements—

(a)checking water sampling and analysis arrangements;

(b)checking water supply management arrangements;

(c)investigating an event, incident, emergency or other matter arising from the quality or sufficiency of water;

(d)checking the handling and reporting of consumer complaints about water quality or sufficiency; and

(e)checking compliance with requirements to furnish information to, or to notify, the Secretary of State concerning these arrangements and matters.

Article 4 revokes the Public Bodies (Water Supply and Water Quality Fees) Order 2013 (S.I. 2013/277, “the 2013 Order”).

Article 5 requires the Secretary of State to review the operation and effect of the Order, and to publish a report about this, before 1st April 2021 (and thereafter at 5-yearly intervals from that date).

An impact assessment has not been produced for this Order as it merely transposes existing charging provisions from the 2013 Order, which was subject to full impact assessment. Consequently, no additional, or no significant additional, impact on the private, voluntary or public sectors is foreseen as a result of this Order.