Section 117I: Rules about charges

Water Industry Act 1991 · 1991 c. 56View on legislation.gov.uk

Part IV: SEWERAGE SERVICES — Chapter 2A: Duties relating to sewerage services: sewerage licensees

The Authority must issue rules about charges that may be imposed by sewerage undertakers under a section 117E agreement.

The rules may in particular make provision about—

the types of charges that may be imposed;
the amount or the maximum amount, or methods for determining the amount or maximum amount, of any type of charge;
principles for determining what types of charges may or may not be imposed;
principles for determining the amount of any charge that may be imposed;
publication of the charges that may be imposed.

The rules must include provision for and in connection with requiring a sewerage undertaker to impose on a sewerage licensee only such charges as would enable the licensee, where the services it provides to a person under its retail authorisation are services to which a section 142(2)(b) agreement would apply if the undertaker had continued to provide the services, to charge for those services at the same rate or rates as would have applied if the section 142(2)(b) agreement had applied.

In subsection (3) "section 142(2)(b) agreement" means an agreement to which section 142(2)(b) applies.

If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may—

give the undertaker a direction to do, or not to do, a thing specified in the direction, or
in a case where a section 117E agreement to which the undertaker is party requires modification in order to conform to the rules, give a direction to the undertaker and the sewerage licensee in question to modify the agreement.

It is the duty of a sewerage undertaker or a sewerage licensee to comply with a direction under subsection (5), and this duty is enforceable by the Authority under section 18.

The rules may—

make different provision for different persons or descriptions of person;
make different provision for different purposes;
make provision subject to exceptions.

The Authority may from time to time revise rules issued under this section and issue revised rules.

The Authority must issue revised rules if—

guidance is issued under section 117M, and
the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.

Revised rules may include provision for applying any of the revisions to section 117E agreements made before the revised rules come into effect.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.