§ 12.—(1) An agreement may be made between any statutory water undertakers and any other persons, whether statutory undertakers or not, for the giving by those other persons, and the taking by the statutory water undertakers, of a supply of water in bulk for any period and on any terms and conditions, and, where the supply is to be given by persons who are themselves statutory water undertakers, either within or outside the limits of supply of those undertakers.
§ (2) An agreement under this section to which a statutory water company is a party shall require the approval of the water authority on whose behalf the company are supplying water, and the water authority shall withhold their approval in any case where a supply of water is to be given by a statutory water company if it appears to the authority that the giving of the supply would be likely to interfere with the supply of water for any purpose within the company's limits of supply.
§ (3) Where it appears to a water authority that it is expedient—
- (a) that any statutory water company through whom the authority are supplying
527 water should give a supply of water in bulk to any other such statutory water company or to the authority and that that other company or the authority should take such a supply, or - (b) that the authority should give such a supply to such a company,
§ (4) The power conferred by section (3) above may be exercised jointly by two or more water authorities in any case where the transfer of a supply of water in bulk between their areas appears to them to be expedient.
§ (5) Where it appears to the Secretary of State that it is expedient that one water authority should give to another a supply of water in bulk, and he is satisfied that the giving and taking of such a supply cannot be secured by agreement, he may by order require the respective authorities to give and to take such a supply for such period and on such terms and conditions as may be provided in the order.
§ (6) For the purpose of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving and taking a supply of water in pursuance of an agreement or order made under this section, statutory water undertakers may exercise, either within or outside their limits of supply, the like powers as are exercisable under Parts V and VI of Schedule 3 to this Act for the purpose of laying mains by undertakers to whose undertaking those Parts apply, but subject to the like conditions and obligations.
§ (7) Without prejudice to section 254 of the Local Government Act 1972, as applied by section 35 of the Water Act 1973, where immediately before 1st April 1974 statutory water undertakers are under an obligation to give a supply of water in bulk to any other statutory water undertakers, and the obligation arises otherwise than under an agreement or order made under this section, the obligation shall, as from that date, be deemed to be created by an agreement under this section, and—
- (a) the parties may accordingly by agreement vary or terminate the obligation to supply water in bulk and the terms and conditions relating to it; but
- (b) the Secretary of State may, on the application of either of them, terminate that obligation on such terms and conditions as he thinks fit.
§ Default powers
§ 13.—(1) If a complaint is made to the Secretary of State that a water authority have failed—
- (a) to give an adequate supply of water, either as respects quantity or quality, to any part of their area, or to give any supply which they have been lawfully required to give, or
- (b) to take such steps as are reasonably practicable to obtain new powers or to extend their existing powers for the purpose of remedying any such failure, or
- (c) to do anything which they are required to do by or under this Act,
§ (2) Where a statutory water company are supplying water on behalf of a water authority and a complaint is made to the water authority that the company have failed—
- (a) to give an adequate supply of water, either as respects quantity or quality, to any part of the water authority area which they are supplying, or to give any supply which they have been lawfully required to give, or
- (b) to take such steps as are reasonably practicable to obtain new powers or to extend their existing powers for the purpose of remedying any such failure, or
- (c) to do anything which they are required to do by or under this Act,
§ (3) Subsections (2) to (5) of Section 250 of the Local Government Act 1972 shall apply in relation to a local inquiry under subsection (2) above as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section—
- (a) with the substitution of a reference to the water authority holding the inquiry for any reference to the Minister, and
- (b) with the omission from subsection (4) of the word "local".
§ (4) If after a local inquiry has been held in pursuance of subsection (1) or (2) above it appears to the Secretary of State or, as the case may be, the water authority holding the inquiry, that there has been such a failure as is mentioned in subsection (1) or (2) above on the part of the statutory water undertakers in question, the Secretary of State or the water authority, as the case may be, may make an order declaring the undertakers to be in default and directing them for the purpose of remedying the default to discharge such of their functions in such manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend their existing powers.
§ (5) If a water authority declared to be in default by an order made under subsection (4) above fail to comply with any requirement of the order within the time limited by it for compliance with that requirement, the Secretary of State, in lieu of enforcing the order by 529 mandamus or otherwise, may make an order transferring to himself such of the functions of the water authority as he thinks fit.
§ (6) If a statutory water company declared to be in default by an order made under subsection (4) above fail to comply with any requirement of the order within the time limited by that requirement for compliance with the requirement, the water authority, in lieu of enforcing the order by mandamus or otherwise, may make an order suspending the whole or any part of any arrangements made with the statutory water company in question under section 12 of the Water Act 1973, as appears to them necessary in view of the failure, and transferring to themselves such of the functions of the company as they think fit.
§ (7) Where functions transferred to the Secretary of State under this section include the function of applying to the Secretary of State for any new powers or for an extension of existing powers, the Secretary of State may grant the new powers or the extension as if an application had been made therefor, and shall give all such notices and do all such other things as would have been required to be given or done in connection with such an application, and any enactment relating to the application for an grant of such new powers or extension of existing powers shall have effect with the necessary adaptations and modifications.
§ (8) Where any functions have been transferred to the Secretary of State or a water authority under this section, any expenses incurred by the Secretary of State or the water authority in discharging those functions shall be paid in the first instance by the Secretary of State or the authority, but the amount of those expenses as certified by the Secretary of State or the authority shall on demand be paid to the Secretary of State or, as the case may be, the authority, by the body in default, and shall be recoverable accordingly, and the body in default shall have the like power of raising the money required as they have of raising money for defraying expenses incurred directly by them.
§ (9) Any order made under subsection (5) or (6) above may provide for the transfer to the Secretary of State or the water authority, as the case may be, of such of the property and liabilities of the body in default as, in the opinion of the Secretary of State or the water authority, may be necessary or expedient, and when any such order is revoked the Secretary of State or the authority may, either by the revoking order or by a subsequent order make such provision as appears to him or them to he desirable with respect to any property or liabilities held by him or them for the purposes of the functions transferred.
§ Interpretation of sections 12 and 13
§ 13A.—(1) Expressions used in either of the last two foregoing sections and in the Water Act 1973 have the meanings assigned to them by that Act.
§ (2) Any reference to a statutory water company in the last two foregoing sections includes a reference to a joint water board or joint water committee, and in relation to such a 530 board or committee any reference to the water authority on whose behalf a statutory water company are supplying water is a reference to the water authority on whose behalf a statutory water company represented on the board or committee are supplying water.