National Rivers Authority (Hansard, 28 November 1988)

§ Mr. Wray
To ask the Secretary of State for the Environment how many members of the board of the National Rivers Authority will be required to be(a) experts or scientists with experience of research on water systems, drinking water, irrigation, sewage, transport, and so on, (b) members of environmental organisations and (c) representatives of consumers associations in his legislation proposals for water privatisation.

§ Mr. Moynihan
The intention is that the board of the National Rivers Authority should comprise a range of people with experience or knowledge relevant to the work of the authority, but there will be no requirement for specified numbers of people with any particular expertise or backgrounds, or representing particular interests.
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§ Mr. Wray
To ask the Secretary of State for the Environment what specific powers his proposals for water privatisation will give to the National Rivers Authority to(a) prosecute polluters of drinking water and irrigation systems, (b) compensate the victims of damage suffered through polluted waters, (c) control the prices charged by water companies to users, whether domestic or industrial, and (d) effectively ensure the purity and quality of water.

§ Mr. Moynihan
The Water Bill gives the National Rivers Authority powers to maintain and enhance the quality of inland, coastal and underground waters (clauses 96–116). The authority and the Secretary of State will have a duty under clause 99 to take all practicable steps to achieve water quality objectives set by the Secretary of State (clause 98). The functions of the National Rivers Authority do not extend to securing drinking water quality. The authority will regulate polluting discharges to water through a consent system (clause 101 and schedule 11) and it will be an offence (clause 100) to discharge effluent in breach of a prohibition. There are powers for water protection zones in clause 104 and for byelaws to prevent the pollution of controlled waters in clause 106.
The Bill's provisions do not affect the common law rights of riparian owners or other affected parties to take action against any person polluting water in respect of which they have rights.
The Secretary of State has powers to define in regulations standards of wholesomeness for drinking water (clause 62). Under clause 19 he may take enforcement action against water undertakers who fail to comply with the duty imposed on them to supply only wholesome water for domestic purposes (clause 49). In addition clause 51 makes it an offence for water undertakers to supply to any premises by means of pipes water which is unfit for human consumption.
The obligation to comply with a final or provisional enforcement order under clause 19 is a duty owed to any person who may be affected by a contravention of the order, and loss or damage would be actionable at the suit of that person (clause 21(4) and (5)). This is in addition to their rights under consumer legislation and other enactments.
Clause 6 places a duty on the Secretary of State and the Director-General of Water Services to ensure that the interests of both domestic and industrial customers are protected as respects, among other things, charges for the services provided by water undertakers. Clause 13 will enable price controls to be imposed on water undertakers as one of the conditions of their appointment.
These provisions apply in England and Wales.