Section 93B: Power of Authority to impose requirements on water undertakers.

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

Part IIIA: Promotion of the Efficient Use of Water

The Authority may require a water undertaker or water supply licensee, in the performance of that undertaker's or licensee's duty under section 93A above, to—

take any such action; or
achieve any such overall standards of performance,

as it may specify in the document imposing the requirement.

Where the Authority, in the document imposing a requirement on a water undertaker or water supply licensee under subsection (1) above, stipulates that any contravention of the requirement by the undertaker or licensee will be a breach of the undertaker's or licensee's duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty.

Without prejudice to the generality of subsection (1) above, a requirement under that subsection may—

require a water undertaker or water supply licensee to make available to that person's customers or potential customers such facilities as may be specified in the document imposing the requirement;
require a water undertaker or water supply licensee to provide or make available to that person's customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.

In exercising its powers under this section in relation to any water undertaker or water supply licensee the Authority shall have regard to the extent to which water resources are available to that undertaker or licensee.

Before imposing any requirement on a water undertaker or water supply licensee under subsection (1) above the Authority shall consult that undertaker or licensee.

Nothing in this section authorises the Authority to impose any requirement on a water undertaker or water supply licensee which has or may have the effect of authorising or requiring that undertaker or licensee to impose any requirement on any of that person's customers or potential customers.

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