Water Industry Act 1999
| Jurisdiction | UK Non-devolved |
| Citation | 1999 c. 9 |
| Year | 1999 |
(1) After subsection (1) of section 61 of the The power conferred by subsection (1) above is not exercisable in relation to any premises specified in Schedule 4A to this Act.(2) After Schedule 4 to the Water Industry Act 1991 there is inserted, as Schedule 4A, the Schedule set out in Schedule 1 to this Act.After section 63 of the Water Industry Act 1991 there is inserted— A water undertaker shall be guilty of an offence under this section if it uses a limiting device in relation to any premises specified in Schedule 4A to this Act, with the intention of enforcing payment of charges which are or may become due to the undertaker in respect of the supply of water to the premises.is fitted to any pipe by which water is supplied to the premises or a part of the premises, whether that pipe belongs to the undertaker or to any other person, andis designed to restrict the use which may be made of water supplied to the premises by the undertaker.An undertaker does not commit an offence under this section by disconnecting a service pipe to any premises or otherwise cutting off a supply of water to the premises.An undertaker guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.(1) In section 142 of the charges for the supply of water to a dwelling, orcharges for the provision of sewerage services in respect of a dwelling,In subsection (2A) above, “dwelling” has the meaning given by paragraph 1(2) of Schedule 4A to this Act.(2) In section 143 of that Act (charges schemes) , in subsection (5) (a) after “a relevant undertaker” there is inserted “ in a case not falling within section 142(2A) above ” .(1) Section 143 of the Water Industry Act 1991 (charges schemes) is amended as follows.(2) In subsection (1) , after “which” there is inserted “ has effect in relation to a specified period of twelve months and ” .(3) At the end there is inserted—After section 143 of the
The provisions of any charges scheme under section 143 above must comply with any requirements prescribed by the Secretary of State by regulations.prescribe items with respect to which a consumer is, or is not, to be liable to pay a charge;make provision as to the matters by reference to which charges may be fixed and as to methods and principles to be adopted in calculating and imposing charges;require alternative bases of charging to be made available to consumers; andrequire special provision, including exemption from specified charges, to be made for the purpose of assisting individuals who are or would be liable to pay any charges and who fall within any class of individuals appearing to the Secretary of State to require special provision.prescribe the classes of persons for whom special provision is to be made in relation to any premises by reference to matters such as age, ill-health or disability, the age, ill-health or disability of any of their dependants or of any other persons who have their homes in the premises, or their financial circumstances;make provision as to the method by which a person may establish his entitlement to assistance under the regulations; andmake provision as to responsibility for costs incurred for the purpose of establishing that entitlement.The power to make regulations under this section may not be exercised for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.After section 144 of the
water is supplied by a water undertaker to premises in which, or in any part of which, a person has his home, andcharges in respect of those premises are fixed by virtue of any charges scheme under section 143 above without reference to the volume of water supplied,Subject to subsection (3) below, a water
- “(1) A water undertaker shall be guilty of an offence under this section if it uses a limiting device in relation to any premises specified in Schedule 4A to this Act, with the intention of enforcing payment of charges which are or may become due to the undertaker in respect of the supply of water to the premises.
- (2) For the purposes of this section “a limiting device”, in relation to any premises, means any device or apparatus which—
- (a) is fitted to any pipe by which water is supplied to the premises or a part of the premises, whether that pipe belongs to the undertaker or to any other person, and
- (b) is designed to restrict the use which may be made of water supplied to the premises by the undertaker.
- “(6) A charges scheme shall not take effect unless it has been approved by the Director.
- (7) The Secretary of State may give guidance to the Director on the exercise of his power under subsection (6) above; and the Director shall have regard to that guidance in the exercise of that power.
- (8) The Secretary of State shall arrange for any guidance given by him under subsection (7) above to be published in such manner as he considers appropriate.
- (9) The Director may not exercise his power under subsection (6) above for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.
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