- appointment area
means an area for which an appointment is held under Chapter 1 of Part 2. 2B 1 The Welsh Ministers may from time to time publish a statement setting out strategic priorities and objectives for the Authority in carrying out relevant functions relating wholly or mainly to Wales. 2 The Authority must carry out those functions in accordance with any statement published under this section. 3 In formulating a statement under this section the Welsh Ministers— a must have regard to the duties imposed on the Authority under section 2, b must have regard to social and environmental matters, and c may have regard to such other matters as the Welsh Ministers think fit. 4 Before publis
- bulk supply agreement
means an agreement with one or more water undertakers for the supply of water in bulk 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 40A(1). 40A 1 On the application of any party to a bulk supply agreement, the Authority may— a if it appears to the Authority that it is necessary or expedient for the purpose of securing the efficient use of water resources, or the efficient supply of water, that the bulk supply agreement should be varied or terminated, and b if the Authority is satisfied that variation or termination cannot be achieved by agreement within a reasonable time, by order vary or terminate the bulk supply agreement. 2 Before making an order under subsection (1), the Authority must consult the appropriate agency, in particular about whether the proposed variation or termination of the bulk supply agreement would secure an efficient use of water resources, taking into account the effect on the environment of what is proposed. 3 If an order under subsection (1) is made in relation to a bulk supply agreement, the agreement— a
- Crown or Duchy interest
means an interest belonging to Her Majesty in right of the Crown or 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;
- drainage system
means a structure designed to receive rainwater and other surface water, other than a natural watercourse;
- eligible licensee
has the meaning given by section 44;
- enactment
includes— (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
- exit application
means an application under section 42(1)(a);
- fish
means freshwater fish and migratory fish;
- fish regulations
means regulations containing provision which— (a) satisfies section 61(2)(c), or (b) is for the purpose mentioned in paragraph 8(2) or 30(3);
- flood
has the meaning given in section 1 of the Flood and Water Management Act 2010;
- flood insurance
means insurance in respect of risks arising from a flood.
- flood regulations
means regulations containing provision which— (a) satisfies section 61(2)(b), or (b) is for the purpose mentioned in paragraph 8(2) or 30(2);
- flood risk
has the meaning given in section 2 of that Act;
- flood risk management region
means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.”
- freshwater fish
means any fish habitually living in fresh water;
- functions
includes powers and duties;
- inland waters
has the meaning given by section 221(1) of the Water Resources Act 1991;
- insurer
means—
- 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). 110B 1 On the application of any party to a main connection agreement, the Authority may— a if it appears to the Authority that it is necessary or expedient for the purpose of this Part that the main connection agreement should be varied or terminated, and b if the Authority is satisfied that variation or termination cannot be achieved by agreement, by order vary or terminate the main connection agreement. 2 Before making an order under subsection (1), the Authority must consult the appropriate agency. 3 If an order under subsection (1) is made in relation to a main connection agreement, the agreement— a has effect subject to the provision made by the order, or b ceases to have effect (as the case may be). 4 An order under subsection (1) may require any party to the agreement to pay compensation to any other party. 5 Neither t
- migratory fish
means fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;
- natural watercourse
means a river or stream;
- new restricted retail authorisation
means a restricted retail authorisation given by a new water supply licence;
- new retail authorisation
means a retail authorisation given by a new water supply licence;
- new supplementary authorisation
means a supplementary authorisation given by a new water supply licence;
- new water supply licence
means a water supply licence granted under new section 17A;
- new wholesale authorisation
means a wholesale authorisation given by a new water supply licence;
- non-household customer
means a person who is the customer as regards a service provided in respect of non-household premises;
- non-household premises
means premises other than household premises as defined in section 17C of the Water Industry Act 1991;
- normal maximum term
means—
- old main connection agreement
means an agreement made before the coming into force of subsection (1) that is 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 an order under old section 110A which is deemed to be an agreement by virtue of old section 110A(5);
- old section 66D agreement
means such agreement or determination as is mentioned in old section 66D(3);
- old water supply licence
means a water supply licence granted under old section 17A;
- 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;
- qualifying person
means— a a sewerage undertaker, or b a person who has made an application for an appointment or variation under section 8 which has not been determined. 3 On the application of the qualifying person or the established undertaker, the Authority may— a if it appears to the Authority that it is necessary or expedient for the purposes of this Part that the established undertaker should permit a main connection into its sewerage system, and b if the Authority is satisfied that the established undertaker and qualifying person cannot reach agreement, by order require the established undertaker to permit the connection for such period and on such terms and conditions as may be specified in the order. 4 Before making an order under subsection (3), the Authority must consult the appropriate agency. 5 Subject to subsection (6), an order under subsection (3) has effect as an agreement between the established undertaker and the qualifying person. 6 If the Authority makes an order under subsection (3) on the application of a person who is a qualifying person by virtue of subsection (2)(b), the Authority must frame the order so that it does not have effect until— a the person
- rainwater
includes snow and other precipitation;
- registered premises
means premises registered in the register maintained under section 74;
- regulated activity
means— (a) in relation to water regulations, the use of water resources;
- regulated field
means— (a) in relation to water regulations, regulating the use of water resources;
- regulated structures or obstructions
means structures or obstructions which—
- regulated waters
means— (a) inland waters in England and Wales, (b) the waters of so much of the River Esk and its tributary streams up to their source as is mentioned in subsection (11)(b), and (c) waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured;
- relevant customer benefit
has the meaning given by paragraph 7 of Schedule 4ZA, except that references in paragraph 7 to what the CMA believes are to be read for the purposes of subsection (7) as references to what the Authority believes.”
- relevant functions relating wholly or mainly to England
means the functions mentioned in section 2(1)(b) so far as they relate to appointment areas wholly or mainly in England. 10 In subsection (9) “appointment area” means an area for which an appointment is held under Chapter 1 of Part 2. 2B 1 The Welsh Ministers may from time to time publish a statement setting out strategic priorities and objectives for the Authority in carrying out relevant functions relating wholly or mainly to Wales. 2 The Authority must carry out those functions in accordance with any statement published under this section. 3 In formulating a statement under this section the Welsh Ministers— a must have regard to th
- relevant functions relating wholly or mainly to Wales
means the functions mentioned in section 2(1)(b) so far as they relate to appointment areas wholly or mainly in Wales. 10 In subsection (9) “appointment area” means an area for which an appointment is held under Chapter 1 of Part 2.”
- relevant HMRC council tax information
means HMRC council tax information relating to premises which are household premises and consisting of any of the following— (a) the address (including the postcode) of the premises;
- relevant period
means—
- relevant person
means—
- relevant powers of entry
means powers of entry that are— (a) contained in the regulations, (b) exercisable in relation to the premises in question, and (c) specified in the Secretary of State's certificate under sub-paragraph (4).
- retail exit area
has the meaning given by section 42;
- risk band
has the meaning given by section 74(2).
- 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— a an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and b any agreement which has been varied by order under subsection (1). 105ZC 1 The Authority must issue a code in respect of section 104 agreements. 2 The code may make provision about— a procedures in connection with making an agreement under section 104;
- section 142(2)(b) agreement
means an agreement to which section 142(2)(b) applies. 5 If the Authority considers that a water undertaker is not acting as required by rules under this section, the Authority may— a give the undertaker a direction to do, or not to do, a thing specified in the direction, or b in a case where a section 66D agreement to which the undertaker is party requires modification in order to conform to the rules, give a direction to the undertaker and the water supply licensee in question to modify the agreement. 6 It is the duty of a water undertaker or a water supply licensee to comply with a direction under subsection (5), and this duty is enforceable by the Authority under section 18. 7 The rules may— a make different provision for different persons or descriptions of person;
- 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— a an order under section 51B which is deemed to be an agreement by virtue of section 51B(5), and b any agreement which has been varied by order under subsection (1). 51CA 1 The Authority must issue a code in respect of section 51A agreements. 2 The code may make provision about— a procedures in connection with making an agreement under section 51A;
- sewerage licence
means a sewerage licence granted under section 17BA of the Water Industry Act 1991.
- sewerage licensee
means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991;
- specified
means specified in the regulations.
- 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. 4 The powers conferred by subsections (1) and (2) are not to be regarded as functions of a sewerage undertaker for the purposes of section 155 (compulsory purchase of land required for the purposes of carrying out functions of relevant undertakers).”
- the 1991 Act
means the Water Industry Act 1991. 1B 1 If the conditions in sub-paragraph (2) are satisfied, the Commission must— a forward to the Authority a copy of an application under paragraph 1 for the grant of a water services licence or sewerage services licence;
- 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). 8 When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. 9 In this section “relevant functions relating wholly or mainly to England” means the functions mentioned in section 2(1)(b) so far as they relate to appointment areas wholly or mainly in England. 10 In subsection (9) “appointment area” means an area for which an appointment is held under Chapter 1 of Part 2. 2
- the appropriate agency
means— a the Environment Agency, so far as a proposed code relates to bulk supply agreements to which all parties are persons mentioned in section 40(10)(a)(i) or (ii);
- the appropriate authority
has the same meaning as in section 293 of the Town and Country Planning Act 1990;
- the Authority
means the Water Services Regulation Authority.”
- the CMA
means the Competition and Markets Authority;
- the Commission
means the Water Industry Commission for Scotland.”
- the designated person
means— a the Chief Inspector of Drinking Water for Wales, or b if the same person is designated under section 86(1A) and (1B), the Chief Inspector of Drinking Water in that person's capacity as a person designated by the Welsh Ministers under section 86(1B). 4 An order under this section may include consequential, supplementary, incidental or transitional provision, or savings. 5 A statutory instrument containing an order made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament. 6 A statutory instrument containing an order made by the Welsh Ministers under this section is subject to annulment
- the FCA
means the Financial Conduct Authority;
- the main river map for Wales
has the meaning given by section 194(2);”
- the Minister
means— a the Secretary of State, so far as a code prepared by the Authority relates to bulk supply agreements to which all parties are— i a water undertaker whose area is wholly or mainly in England, or ii a person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;
- the NRBW
means the Natural Resources Body for Wales;
- the PRA
means the Prudential Regulation Authority;
- the regulations
means regulations under section 61;
- the WSRA
means the Water Services Regulation Authority.
- trading scheme
means a scheme of the kind mentioned in paragraph 3(3).
- treatment works
means— a in relation to a water undertaker whose area is wholly or mainly in Wales, the works designated as treatment works by the Secretary of State for the purposes of section 17B(6);
- Wales
has the meaning given in section 158(1) of the Government of Wales Act 2006.
- water regulations
means regulations containing provision which— (a) satisfies section 61(2)(a), or (b) is for the purpose mentioned in paragraph 8(2) or 30(1).
- water resources management plan for England
means a water resources management plan prepared by a water undertaker whose area is wholly or mainly in England.”
- water supply licensee
means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.”
- watercourse
has the same meaning as in Part 4 of this Act. 193A 1 The Agency must provide reasonable facilities for inspecting the main river map for England in electronic form. 2 The Agency must on request provide any person with— a a hard copy of all or part of the map, or b data comprising all or part of the map in electronic form. 3 The Agency may charge a fee for providing a copy or data under subsection (2), but the fee— a must, in the case of a person appearing to the Agency to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and b in any other case, may not exceed the reasonable costs of providing the copy or data. 4 The Agency must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for England as is described in the second column of the entry for that body. 5 The Documentary Evidence Act 1868 has effect as if— a the Agency were mentioned in the first column of the Schedule to that Act;
- wholly or mainly English licensees
means licensees falling within paragraph (d) or (e);
- wholly or mainly English sewerage licensees
means sewerage licensees using the sewerage systems of sewerage undertakers whose areas are wholly or mainly in England;
- wholly or mainly English sewerage undertakers
means sewerage undertakers whose areas are wholly or mainly in England;
- wholly or mainly English undertakers
means undertakers falling within paragraph (a) or (b);
- wholly or mainly English water supply licensees
means water supply licensees using the supply systems of water undertakers whose areas are wholly or mainly in England;
- wholly or mainly English water undertakers
means water undertakers whose areas are wholly or mainly in England;
- wholly or mainly Welsh licensees
means licensees falling within paragraph (j) or (k).
- wholly or mainly Welsh sewerage licensees
means sewerage licensees using the sewerage systems of sewerage undertakers whose areas are wholly or mainly in Wales;
- wholly or mainly Welsh sewerage undertakers
means sewerage undertakers whose areas are wholly or mainly in Wales;
- wholly or mainly Welsh undertakers
means undertakers falling within paragraph (g) or (h);
- wholly or mainly Welsh water supply licensees
means water supply licensees using the supply systems of water undertakers whose areas are wholly or mainly in Wales;
- wholly or mainly Welsh water undertakers
means water undertakers whose areas are wholly or mainly in Wales;