- a Welsh undertaker
means a water undertaker or sewerage undertaker whose area is wholly or mainly in Wales.
- accommodation for the elderly
means residential accommodation to which sub-paragraph (3) or (4) below applies, but which is not a dwelling within the meaning of paragraph 1 above or a house in multiple occupation within the meaning of paragraph 2 above.
- airport operator
means the person who is the airport operator for the purposes of Part V of the Airports Act 1986 in relation to an airport to which that Part of that Act applies;... • “dock undertakers” has the same meaning as in Chapter II of Part IV of this Act.;
- an English undertaker
means a water undertaker or sewerage undertaker whose area is wholly or mainly in England, and
- appeal
means an appeal under section 12D;
- appeal rules
means rules of procedure under paragraph 11;
- applicable date
means—
- appointment area
means an area for which an appointment is held under Chapter 1 of Part 2.
- appropriate agency
means— (a) the Environment Agency, in relation to relevant undertakers whose areas are wholly or mainly in England, and (b) the NRBW, in relation to relevant undertakers whose areas are wholly or mainly in Wales;
- appropriate authority
means—
- appropriate consent
means—
- area of outstanding natural beauty or special scientific interest
means an area which— and the reference in subsection (4)(c) above to an area of special scientific interest shall, accordingly, be construed as a reference to an area such as is mentioned in paragraph (b) of this definition;... • “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988. • “management agreement” means— (a) in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006;
- boat
includes a vessel of any description, and “boating” shall be construed accordingly;
- building
includes structure.
- bulk supply agreement
means an agreement with one or more water undertakers for the supply of water in bulk and includes—
- business premises
means— and in this sub-paragraph “factory” has the same meaning as in the Factories Act 1961.
- care home
means— (a) a care home in England within the meaning of the Care Standards Act 2000;
- catchment permitting area
means a sensitive catchment area designated under section 96G(1) for the time being;
- cesspool
includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;
- charging rules
means rules issued under section 144ZA;
- communication works
means airways, headways, gateways or water levels.
- complaints
includes complaints made directly to sewerage undertakers or sewerage licensees (or anyone carrying on activities on their behalf) and complaints to the Authority, the Council, the Assembly or the Secretary of State.
- compulsory works order
means an order under section 167 of this Act;
- conservancy authority
means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water, and is not a harbour authority or navigation authority;
- consumer
means a person who is liable to pay charges in respect of— but does not include a water undertaker, a water supply licensee, a sewerage undertaker, a sewerage licensee, or the Authority.
- consumer matter
means any matter connected with the interests of consumers.
- consumers
includes both existing and future consumers;
- contravention
includes a failure to comply, and cognate expressions shall be construed accordingly;
- conveyance
has the same meaning as in the Law of Property Act 1925;
- cross-border infrastructure project
means an infrastructure project which—
- Crown or Duchy interest
means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
- Crown premises
means premises held by or on behalf of the Crown.
- customers
includes future customers.
- directions
means directions given under—
- discharge pipe
means a pipe from which discharges are or are to be made under section 165 above.
- disposal main
means (subject to subsection (2) below) any outfall pipe or other pipe which— (a) is a pipe for the conveyance of effluent to or from any sewage disposal works, whether of a sewerage undertaker or of any other person;
- distribution main
means a water main that is not a trunk main;
- dock undertakers
means persons authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on any dock, harbour, canal or inland navigation;
- domestic sewerage purposes
has the same meaning as in Chapter II of Part IV of this Act.
- drain
means (subject to subsection (2) below) a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;
- drainage system
means a structure designed to receive rainwater and other surface water, other than a natural watercourse;
- dwelling
has the meaning given by paragraph 1(2) of Schedule 4A to this Act.
- effluent
means any liquid, including particles of matter and other substances in suspension in the liquid;
- emergency discharge
means a discharge in circumstances where the plant’s normal treatment process has failed because of—
- enactment
includes an enactment contained in this Act or in any Act passed after this Act;
- enforcement order
means a final enforcement order or a provisional enforcement order;
- English undertaker
means a water undertaker or sewerage undertaker whose area is wholly or mainly in England.
- enterprise
has the same meaning as in Part 3 of the 2002 Act;
- environmental permit
means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016;
- environmental permitting regulations
means— (a) the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or (b) any other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999;
- factory
has the same meaning as in the Factories Act 1961.
- fault
has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.
- final enforcement order
means an order under this section other than a provisional enforcement order;
- financial position
includes the amount and essential characteristics of the share capital and debt used to fund the operations of the undertaker.
- financial year
means the twelve months ending with 31st March;
- fixed term tenancy
means any tenancy other than a periodic tenancy.
- food production premises
means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
- food production purposes
means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
- habitats site
means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8);
- harbour authority
means a person who is a harbour authority within the meaning of Chapter II of Part VI of the Merchant Shipping Act 1995 and is not a navigation authority;
- house
means any building or part of a building which is occupied as a dwelling-house, whether or not a private dwelling-house, or which, if unoccupied, is likely to be so occupied;
- house in multiple occupation
means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act).
- household premises
means premises in which, or in any part of which, a person has his home.
- illness
includes any injury;
- information
includes anything contained in any records, accounts, estimates or returns;
- infrastructure project
means a project, or part of a project, in connection with any of the things specified in subsection (3)(a).
- insolvency provision
means a provision of the Insolvency Act 1986 or another enactment about insolvency (including (i) a provision about administration, (ii) a provision about consequences of insolvency, and (iii) a provision conferring power to make rules).
- inspector
means the Chief Inspector of Drinking Water or any other person appointed under subsection (1) above.
- lateral drain
means— (a) that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate;
- limited company
means a company (as defined in section 1(1) of the Companies Act 2006) that— (a) is registered in England and Wales or Scotland, and (b) is limited by shares. • “local authority” means the council of a district or of a London borough or the Common Council of the City of London but, in relation to Wales, means the council of a county or county borough;
- local authority
means the council of a district or of a London borough or the Common Council of the City of London but, in relation to Wales, means the council of a county or county borough;
- local statutory provision
means— • “meter” means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises;
- main connection
means— (a) a connection between a sewer or disposal main and a sewer or disposal main, or (b) a connection which allows a sewer or disposal main to discharge directly into a sewage disposal works;
- main connection agreement
means an agreement with one or more sewerage undertakers for that undertaker or each of them to permit a main connection into its sewerage system and includes— (a) an order under subsection (3) which is deemed to be an agreement by virtue of subsection (5), and (b) any agreement which has been varied by order under section 110B(1).
- management agreement
means— (a) in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006;
- mental disorder
has the same meaning as in the Mental Health Act 1983.
- meter
means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises;
- micro-organism
includes any microscopic biological entity which is capable of replication;
- mines
means mines of coal, ironstone, slate or other minerals;
- modifications
includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
- natural watercourse
means a river or stream;
- navigation authority
means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
- necessary works
includes works carried out, in exercise of any power conferred by or under any enactment, by a person other than a water undertaker;
- new owner
means, where securities are transferred to a company as described in paragraph 2A(1)(b) or (2)(b), the company to which the transfer is made;
- new towns residuary body
means— (a) in relation to a new town in England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) or (b) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions (and references to the “English new towns residuary body” are to be read accordingly);
- nitrogen sensitive catchment area
means an area designated under section 96C(1);
- Nitrogen significant plant
means a plant in England that—
- notice
means notice in writing;
- nutrient pollution standard
means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard;
- nutrient significant plant
means— (a) a nitrogen significant plant, or (b) a phosphorus significant plant;
- old English fluoridation arrangements
means—
- old Welsh fluoridation arrangements
means arrangements, other than arrangements mentioned in section 90B(6), in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.
- other appointees
means any companies, other than the existing appointee and the new appointee, which are likely on or at a time after the relevant date to be holding appointments as water undertakers or sewerage undertakers for any area which is or includes any part of the area for which the existing appointee has at any time held an appointment as water undertaker or sewerage undertaker;
- other relevant companies
means any companies, other than the transferor and the transferee, which are likely on or at a time after the relevant date to be— • “the relevant date” means— • “special administrator”, in relation to a company in relation to which a special administration order has been made, means the person for the time being holding office for the purposes of section 23(1) of this Act;
- performance-related pay
means any payment, consideration or other benefit (including pension benefit) the giving of which results from the meeting of any targets or performance standards on the part of the relevant undertaker or the person to whom such payment, consideration or benefit is given;
- permit
means a permit granted under those Regulations.
- petroleum spirit
means any such— as, when tested in the manner prescribed by or under the Petroleum (Consolidation) Act 1928, gives off an inflammable vapour at a temperature of less than twenty-three degrees Celsius.
- phosphorus sensitive catchment area
means an area designated under section 96C(2);
- Phosphorus significant plant
means a plant in England that—
- plant
means a sewage disposal works;
- population equivalent
has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841).
- powers of compulsory acquisition
means any such powers as are mentioned in subsection (4)(a) of section 167 of this Act;...
- prescribed
means, in relation to a water undertaker whose area is wholly or mainly in Wales, prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly;
- price control provision
means provision made by or under— that restricts the amount that may be charged by a relevant undertaker under section 142(1).
- principal duty
means—
- prison
means—
- private supply
means, subject to subsection (2) below, a supply of water provided otherwise than by a water undertaker or by a water supply licensee in accordance with Chapter 1A of Part 2 of this Act (including a supply provided for the purposes of the bottling of water), and cognate expressions shall be construed accordingly;
- provisional enforcement order
means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.
- public authority
means any Minister of the Crown or government department, the Environment Agency, the NRBW, any local authority or county council or any person certified by the Secretary of State to be a public authority for the purposes of this Act;
- public sewer
means (subject to section 106(1A) above) a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to this Act or under section 179 above or otherwise, and “private sewer” shall be construed accordingly;
- published
means published in accordance with section 37B(8)(a) below.
- qualifying person
means—
- railway undertakers
means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on any railway;
- rainwater
includes snow and other precipitation;
- records
includes computer records and any other records kept otherwise than in a document;
- regional committee
means a regional committee of the Council established under section 27A above;
- relevant application
means an application under paragraph 1 or 2.
- relevant arrangements
means arrangements made by the primary water undertaker to ensure that all other relevant persons were required to take all reasonable steps and exercise all due diligence for securing that the water was fit for human consumption on leaving the undertaker’s pipes or was not used for human consumption.
- relevant authority
means a county council or any local authority except a non-metropolitan district council.
- relevant body
means any sewerage undertaker, any local authority or county council or any railway undertakers or dock undertakers.
- relevant customer benefit
has the meaning given by paragraph 7 of Schedule 4ZA.
- relevant customers
means— and in this sub-paragraph “customers” includes future customers.
- relevant dispute
means a dispute which, by virtue of any provision of this Act, may be referred to the Authority for determination under this section.
- relevant financial assistance
means financial assistance of any description given under section 153 in connection with a special administration order made in respect of—
- relevant functions relating wholly or mainly to England
means the functions mentioned in section 2(1) so far as they relate to appointment areas wholly or mainly in England.
- relevant functions relating wholly or mainly to Wales
means the functions mentioned in section 2(1) so far as they relate to appointment areas wholly or mainly in Wales.
- relevant house
means any house other than a house in relation to which the following two conditions are satisfied, that is to say— (i) the erection of the house was commenced before 1st September 1989;
- relevant inland waters
means any inland waters other than any which form part of a main river for the purposes of Part IV of the Water Resources Act 1991.
- relevant licence holder
means the holder of a licence to which a reference under subsection (2) above relates.
- relevant order
means—
- relevant parts of the sewerage system
means— (a) storage tanks at the plant, and (b) other parts of the sewerage system downstream of the plant;
- relevant person
means the Authority and—
- relevant pipe
has the same meaning as in section 158 above (reading references there to subsection (1) as references to subsection (1) of this section).
- relevant pipes
means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the water supply licensee.
- relevant supplies
means—
- relevant time
means—
- relevant undertaker
means a water undertaker or sewerage undertaker;
- relevant waterworks
means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises;
- relevant works power
means any power conferred by any of the provisions of sections 158, 159, 161, 163 and 165 above, other than section 161(3).
- relevant works powers
means the powers conferred on water undertakers by sections 158, 159, 161, 163 and 165 below.
- removal centre
means any premises which are used solely for detaining persons under the Immigration Act 1971 or the Nationality, Immigration and Asylum Act 2002, but which are not a part of a prison.
- Residential premises
means premises that are—
- resource main
means (subject to subsection (2) below) any pipe, not being a trunk main, which is or is to be used for the purpose of— • “ retail exit area ” has the meaning given by section 42 of the Water Act 2014;
- retail exit area
has the meaning given by section 42 of the Water Act 2014;
- safe
has the same meaning as in Part II of the Consumer Protection Act 1987.
- section 104 agreement
means an agreement with a sewerage undertaker for the vesting of a sewer, drain or sewage disposal works in a sewerage undertaker at a future date or on a future event and includes—
- section 142(2)(b) agreement
means an agreement to which section 142(2)(b) applies.
- section 51A agreement
means an agreement with a water undertaker for the vesting of a water main or service pipe in a water undertaker at a future date and includes—
- sensitive catchment area
means— (a) a nitrogen sensitive catchment area, or (b) a phosphorus sensitive catchment area;
- serious deficiency in supply
means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.
- service pipe
means (subject to subsection (2) below and to section 51E(3) above) so much of a pipe which is, or is to be, connected with a water main for supplying water from that main to any premises as— (a) is or is to be subject to water pressure from that main;
- services
includes facilities;
- sewer
includes (without prejudice to subsection (2) below) all sewers and drains (not being drains within the meaning given by this subsection) which are used for the drainage of buildings and yards appurtenant to buildings;
- sewer standards
means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.
- sewerage infrastructure
means infrastructure relating to the provision of a system of sewers or the provision of means for emptying, or dealing effectually with the contents of, sewers;
- special administration order
has the meaning given by section 23 above;
- special category effluent
has the meaning given by section 138 above;
- specially requested fire-hydrant
means a fire-hydrant which—
- specified
means specified in rules under this section.
- specified area
means the area specified in arrangements under section 87(1) above.
- statement of truth
means a statement that the person producing the document believes the facts stated in the document to be true.
- statutory water company
means any company which was a statutory water company for the purposes of the Water Act 1973 immediately before 1st September 1989;
- stopcock
includes any box or pit in which a stopcock is enclosed and the cover to any such box or pit;
- storm overflow
means any structure or apparatus comprised in the plant which, when the capacity of relevant parts of the sewerage system is exceeded, relieves them by discharging the excess contents into inland waters, underground strata or the sea, where— • “relevant parts of the sewerage system” means— (a) storage tanks at the plant, and (b) other parts of the sewerage system downstream of the plant;
- structure
includes— (a) any part of an existing or proposed structure, and (b) any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or other surface water.
- subordinate legislation
has the same meaning as in the Interpretation Act 1978;
- subsidiary
has the meaning given by section 1159 of the Companies Act 2006;
- substance
includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
- supply of water in bulk
means a supply of water for distribution by a water undertaker taking the supply;
- surface water
includes water from roofs;
- tenancy
includes a licence which is treated as a tenancy by virtue of section 79(3) of the Housing Act 1985;
- the 1980 Act
means the Competition Act 1980.
- the 1986 Act
means the Insolvency Act 1986.
- the 2002 Act
means the Enterprise Act 2002;
- the 2005 Act
means the Water Services etc.
- The 40-day period
means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).
- the appointed day
means the day on which section 58 of the Water Act 2003 comes into force in relation to Wales;
- the appropriate agency
means—
- the appropriate authority
has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;
- the appropriate person
means—
- the Assembly
means the National Assembly for Wales;
- the Authority
means the Water Services Regulation Authority;
- the Broads
has the same meaning as in the Norfolk and Suffolk Broads Act 1988. • “management agreement” means— (a) in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006;
- the CMA
means the Competition and Markets Authority • “ charging rules ” means rules issued under section 144ZA;
- the Commission
means the Water Industry Commission for Scotland.
- the Council
means the Consumer Council for Water;
- the court
means the High Court.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
- the designated person
means—
- The initial period
means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.
- the interests of consumers
means the interests of consumers in relation to— (a) the supply of water by means of a water undertaker’s supply system to premises either by water undertakers or by water supply licensees acting in their capacity as such;
- the Minister
means— (a) the Secretary of State, in relation to relevant undertakers whose areas are wholly or mainly in England, and (b) the Welsh Ministers, in relation to relevant undertakers whose areas are wholly or mainly in Wales;
- the NRBW
means the Natural Resources Body for Wales;
- the other consolidation Acts
means the Water Resources Act 1991,... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.
- the protective provisions of Chapter III of this Part
means the provisions of sections 183 to 191 below;
- the relevant date
means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.
- the relevant extent
means the extent specified in the agreement for the vesting in the undertaker of the water main or service pipe in question.
- the relevant sewerage provisions
means the following provisions of this Act, that is to say— • “relevant undertaker” means a water undertaker or sewerage undertaker;
- the sewerage system
means the undertaker’s sewerage system of which the plant forms part;
- the special land provisions
means the provisions, as applied by virtue of sub-paragraph (1) above, of Part III of the Acquisition of Land Act 1981 or, as the case may require, of Part II of Schedule 3 to that Act;