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Water (Special Measures) Act 2025

Sections25Effects3

Statutes amended

3 affected Acts; 13 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Water Industry Act 1991

9 amendments · open Act

  1. Section 23 changes, 2 insertions

    2 General duties with respect to water industry.

    subsections (1) – (4) unchanged

    4A In exercising or performing any such power or duty in accordance with those provisions, the Authority must also have regard to the need to contribute towards achieving compliance by the Secretary of State with the relevant environmental target duties, where the Authority considers that exercise or performance to be relevant to the making of such a contribution.
    4B The “relevant environmental target duties” means— (a) the duty in section 1 of the Climate Change Act 2008 (UK net zero emissions target), and (b) so far as the exercise or performance concerned relates to appointment areas wholly or mainly in England, the duty in section 5 of the Environment Act 2021 (other environmental targets); and for that purpose an “appointment area” is an area for which an appointment is held under Chapter 1 of Part 2.

    subsections (5) – (5A) unchanged

    6A Subsections (2A) to (4)(4A) above and sections 2A and 2B below do not apply in relation to anything done by the Authority in the exercise of functions assigned to it by section 31(3) below (“Competition Act functions”).
    6B The Authority may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (2A) to (4)(4A) above and sections 2A and 2B below, if it is a matter to which the CMA could have regard when exercising that function.
    7 The duties imposed by subsections (2A) to (4)(4A) above and sections 2A and 2B below do not affect the obligation of the Authority or, as the case may be, the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any assimilated obligation or otherwise).
  2. Section 251 change, 3 insertions

    25 Power to make special administration order on winding-up petition.

    1 On an applicationa petition made to any court for the winding up of a company which holds an appointment under Chapter I of this Part or is a qualifying water supply licensee or a qualifying sewerage licensee—
    a the court shall not make a winding-up order in relation to the company; but
    b if the court is satisfied that it would be appropriate to make such an order if the company were not a company holding such an appointment or a qualifying water supply licensee or qualifying sewerage licensee, it shall, instead, make a special administration order in relation to the company.
    2 But the court may not exercise its powers on the petition unless— (a) notice of the petition has been served on the relevant persons, and (b) a period of at least 14 days has passed starting with the day on which those notices were served (or, if served on different days, the later of those days).
    3 The relevant persons are entitled to be heard— (a) at the hearing of the petition, and (b) at any other hearing of the court in relation to the company under or by virtue of Part 4 of the Insolvency Act 1986.
    4 In this section “relevant person” means the Authority and— (a) in the case of a petition that relates to a relevant undertaker whose area is wholly or mainly in Wales, the Welsh Ministers; (b) in any other case, the Secretary of State.
  3. Section 35A1 change

    35A Storm overflows

    section 35A unchanged

    Italic heading before section 35A: Storm overflowsRemuneration and governance

  4. Section 861 insertion

    86 Appointment and functions of inspectors

    1 The Secretary of State may for the purposes of this section appoint persons to act on his behalf in relation to some or all of—
    a the powers and duties conferred or imposed on him by or under sections 67 to 70 and 77 to 82 above;
    b such other powers and duties in relation to the quality and sufficiency of water supplied using a water undertaker's supply system as are conferred or imposed on him by or under any other enactments; and
    c arrangements for assessing and securing compliance, and responding to failures to comply, with directions (or any particular direction) under section 208.

    subsections (1A) – (6) unchanged

  5. Section 86(6)2 changes

    86 Appointment and functions of inspectors

    subsections (1) – (5) unchanged

    6 Any water undertaker, water supply licensee or other relevant person which fails without reasonable excuse to comply with the duty imposed on that person by virtue of subsection (3) above shall be guilty of an offence and liable—
    a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;
    b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
  6. Section 86ZA1 insertion

    86ZA Charging of fees

    subsections (1) – (3) unchanged

    3A A fee may be made chargeable under this section in relation to— (a) a specific instance in which the function is exercised, or (b) the exercise of the function more generally during a particular period of time (which need not be limited to its exercise in relation to the person charged with the fee).

    subsections (4) – (8) unchanged

  7. Section 94A1 insertion

    94A Drainage and sewerage management plans: preparation and review

    subsections (1) – (2) unchanged

    3 A drainage and sewerage management plan must address in particular—
    a the capacity of the undertaker's drainage system and sewerage system,
    b an assessment of the current and future demands on the undertaker's drainage system and sewerage system,
    c the resilience of the undertaker's drainage system and sewerage system,
    d the measures the undertaker intends to take or continue for the purpose in subsection (2),
    e the likely sequence and timing for implementing those measures,
    ea the use that is to be made of nature-based solutions, technologies and facilities within the undertaker's drainage system and sewerage system,
    f relevant environmental risks and how those risks are to be mitigated, and
    g any other matters specified by the Minister in directions.

    subsections (4) – (7) unchanged

  8. Section 143A1 insertion

    143A Regulations as to provisions to be included in charges schemes.

    subsections (1) – (2) unchanged

    3 Regulations under this section imposing requirements for the purpose mentioned in subsection (2)(d) may—
    a prescribe the classes of persons for whom special provision is to be made…
    b make provision as to the method by which a person may establish his entitlement to assistance under the regulations, or, in the case of regulations made by the Secretary of State (rather than the Welsh Ministers), by which that entitlement is otherwise to be established; and
    c make provision as to responsibility for costs incurred for the purpose of establishing that entitlement.

    subsection (4) unchanged

  9. Section 2131 change

    213 Powers to make regulations.

    1 The powers of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument subject (except in the case of regulations under section 8(1) or (2), 17D(8), 36A, 87(6A) 96K, 96N, 105A, 141DA or 141DB, 141DB or 141F above) to annulment in pursuance of a resolution of either House of Parliament.

    subsections (1A) – (3) unchanged

Environment Act 1995

2 amendments · open Act

  1. Section 412 insertions

    41 Power to make schemes imposing charges.

    1 Subject to the following provisions of this section and sections 41B, 41C and 4 below—

    paragraphs (a) – (s) unchanged

    t as a means of recovering costs incurred by it in performing water industry enforcement functions, the Agency or the Natural Resources Body for Wales may require the payment to it by water companies of such charges as may from time to time be prescribed;

    subsection (1A) unchanged

    1B In paragraph (t) of subsection (1)— “water companies” means— water undertakers and sewerage undertakers, and water supply licensees and sewerage licensees within the meaning of the Water Industry Act 1991; “water industry enforcement functions” means functions performed for the purpose of assessing or securing compliance by water companies (within the above meaning), or responding to failures on their part to comply, with any provision made by— sections 205A and 205B of the Water Industry Act 1991 (pollution incident reduction plans and implementation reports), Chapter 2 of Part 2 of the Water Resources Act 1991 (water abstraction and impounding), Chapter 3 of that Part (drought orders and drought permits), or the Environmental Permitting (England and Wales) Regulations 2016 (regulation of certain facilities and activities).

    subsections (2) – (11) unchanged

  2. Section 1102 changes, 4 insertions

    110 Offences.

    subsections (1) – (3C) unchanged

    3D Subsection (3E) applies to an offence under subsection (1) or (2) if the exercise or performance of a power or duty to which the offence relates— (a) was that of a person authorised by the Agency or the Natural Resources Body for Wales, and (b) was in respect of the operations of— (i) a water undertaker or sewerage undertaker, or (ii) a water supply licensee or sewerage licensee within the meaning of the Water Industry Act 1991.
    3E The person guilty of the offence is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
    4 A person guilty of an offence under subsection (1) above (except one to which subsection (3E) applies) shall be liable…
    5 A person guilty of an offence under subsection (2) or (3) above (except one to which subsection (3E) applies) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    subsections (5A) – (5H) unchanged

    5I Where an offence to which subsection (3E) applies is committed by a body corporate and— (a) is committed with the consent or connivance of a relevant officer, or (b) is attributable to the neglect of a relevant officer, the relevant officer also commits the offence.
    5J In subsection (5I), “relevant officer” means— (a) a director, executive, manager, secretary or other similar officer of the body corporate concerned, (b) if the affairs of the body are managed by its members, a member exercising functions of management, or (c) any person purporting to act in a capacity within paragraph (a) or (b).

    subsection (6) unchanged

Digital Economy Act 2017

2 amendments · open Act

  1. Section 381 change, 1 insertion

    38 Disclosure of information to water and sewerage undertakers etc

    subsection (1) unchanged

    2 The first condition is that the disclosure is for the purpose of assisting people living in water povertyeligible people by—
    a reducing their water or sewerage costs,
    b improving efficiency in their use of water, or
    c improving their health or financial well-being.

    subsections (3) – (9) unchanged

    9A A person is “eligible” for the purposes of this section and section 39— (a) if the person is living in water poverty, or (b) in the application of the sections to a water or sewerage undertaker for an area which is wholly or mainly in England, if the person is among those for whom special provision is required to be made by regulations within subsection (3)(a).

    subsections (10) – (11) unchanged

  2. Section 391 change

    39 Disclosure of information by water and sewerage undertakers etc

    1 If the condition in subsection (2) is met, a person to whom information may be disclosed under section 38 may disclose information held by that person to a specified person.
    2 That condition is that the disclosure is for the purpose of assisting people living in water povertyeligible people (see section 38(9A)) in England and Wales by—
    a reducing their water or sewerage costs,
    b improving efficiency in their use of water, or
    c improving their health or financial well-being.