HC Deb 16 January 1992 vol 201 cc1137-8

' .—(1) Section 47 of the Water Industry Act 1991 (conditions of connection with water main) shall be amended as set out in subsections (2) to (4).

(2) In subsection (2)(b)(ii), after "expenses" there shall be inserted "reasonably".

(3) After subsection (2) there shall be inserted the following subsection— (2A) No condition shall be imposed by a water undertaker under subsection (2)(e) above unless the undertaker would have difficulty in discharging its statutory obligations, in relation to the supply of water to the relevant premises or any part of those premises, if the condition were not imposed.

(4) After subsection (3) there shall be inserted the following subsections— (3A) Any dispute as to whether any requirement of a kind mentioned in subsection (2)(a), (b), (e) or (f) above has been complied with may be referred to the Director for determination under section 30A above by either party to the dispute.

(3B) Any dispute between a water undertaker and any other person as to whether—

  1. (a) any security required by a condition imposed under subsection (2)(a) above was reasonably required,
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  2. (b) the expenses referred to in subsection (2)(b)(ii) above were incurred reasonably, or
  3. (c) in a particular case, subsection (2A) above prevents a water undertaker from imposing a condition under subsection (2)(e) above, may be referred to the Director for determination under section 30A above by either party to the dispute."

(5) In section 53 of the Act of 1991 (conditions of compliance with domestic supply duty), in subsection (2)(a)(ii), after "expenses" there shall be inserted "reasonably" and after subsection (2) there shall be inserted the following subsection— (2A) Any dispute between a water undertaker and any other person as to whether the expenses referred to in subsection (2)(a)(ii) above were incurred reasonably may be referred to the Director for determination under section 30A above by either party to the dispute.".'.—[Mr. Redwood.]

Brought up, and read the First time.

Mr. Deputy Speaker

With this we shall take Government amendment No.46.

Mr. Redwood

I beg to move, That the clause be read a Second time.

Section 47 of the Water Industry Act 1991 allows a water undertaker to require customers to meet certain conditions before the undertaker has to carry out its duty to connect a customer to its water main and to provide a supply of water for domestic purposes. In some cases there may be room for dispute about whether it is reasonable for undertakers to impose a particular requirement. New clause 23 limits the circumstances in which an undertaker can require separate service pipes and the costs of disconnection that it can recoup from the customer. It also provides for disputes about certain of the requirements which can be imposed to be referred to the director for determination. The new clause also includes the provision of clause 31(4) which is deleted by amendment No.46. I commend the new clause to the House.

Question put and agreed to. Clause read a Second time, and added to the Bill.

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