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The Water Quality and Supply (Fees) Order 2016

As Enacted Cited authorities 35 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2016/303

2016 No. 303

Water Industry, England And Wales

Fees And Charges, England And Wales

The Water Quality and Supply (Fees) Order 2016

Made 2nd March 2016

Laid before Parliament 7th March 2016

Coming into force 1st April 2016

The Secretary of State makes the following Order in exercise of the powers conferred by section 86ZA(1) and (4) of the Water Industry Act 19911.

S-1 Citation and commencement

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.

S-2 Interpretation

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—

(a) a company appointed as a water undertaker3whose area is wholly or mainly in England; or

(b) a company which is the holder of a water supply licence within the meaning of section 17A of the 1991 Act4(licensing of water suppliers) which is using the supply system5of a water undertaker whose area is wholly or mainly in England.

S-3 Fees

Fees

3.—(1) The Chief Inspector of Drinking Water6may 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.

S-4 Revocation and savings

Revocation and savings

4.—(1) The Public Bodies (Water Supply and Water Quality Fees) Order 20137(“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.

S-5 Review

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 20158the 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.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

2nd March 2016

SCHEDULE

Article 3

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

1

Function

2

Fee

(a) Checking that the sampling and analysis arrangements for water samples collected by the relevant water supplier comply with—

(i) the Water Supply (Water Quality) Regulations 20009;

(ii) section 68 of the 1991 Act (duties of water undertakers and licensed water suppliers with respect to water quality)10; and

(iii) any requirements for sample data required to be provided under section 202 of the 1991 Act (duties of undertakers to furnish the Secretary of State with information)11.

£55 for each group of 100 water sample results received and checked.

(a) Checking that—

(i) the relevant water supplier’s water supply management arrangements comply with—

(aa) the Water Supply (Water Quality) Regulations 2000;

(bb) section 37 of the 1991 Act (general duty to maintain water supply system, etc.)12;

(cc) section 68 of the 1991 Act; and

(ii) the relevant water supplier has complied with any requirement of the Secretary of State to furnish information about these arrangements under section 202 of the 1991 Act.

£65 for each complete hour during which an inspector exercises the function.

(a) In relation to a relevant water supplier—

(i) investigating an event, incident, emergency or other matter where any of those matters indicate that that water supplier may not have complied with—

(aa) the Water Supply (Water Quality) Regulations 2000;

(bb) section 37 of the 1991 Act;

(cc) section 68 of the 1991 Act; and

(ii) checking that such an event, incident, emergency or other matter has been notified by the relevant water supplier in compliance with any requirement of the Secretary of State to furnish such information under section 202 of the 1991 Act.

£65 for each complete hour during which an inspector exercises the function.

(a) In relation to a relevant water supplier—

(i) investigating a consumer complaint about the quality or sufficiency of water where the complaint indicates that that water supplier may not have complied with—

(aa) the Water Supply (Water Quality) Regulations 2000;

(bb) section 37 of the 1991 Act;

(cc) section 68 of the 1991 Act; and

(ii) checking that any requirement of the Secretary of State to furnish information about such...

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