Part 1Water industry

CHAPTER 3Regulation of the water industry

Regulation of relevant undertakers, water supply licensees and sewerage licensees

27Water resources management plans for England: resilience

1

Chapter 1 of Part 3 of the Water Industry Act 1991 (water supply) is amended as follows.

2

In section 37A(3) (water resources management plans: preparation and review), at the end insert—

(and see also section 37AA).

3

After that section insert—

37AAWater resources management plans for England: resilience

1

The Secretary of State may give a direction about the basis on which a water resources management plan for England is to be prepared.

2

A direction under this section may be given only where the Secretary of State considers it appropriate to do so with a view to securing that a water undertaker is able to meet the need for the supply of water to consumers in particular circumstances.

3

A direction under this section may, in particular, require a plan to be prepared on the basis of a specified assumption, including—

a

an assumption as to whether, and how often, specified circumstances are likely to arise;

b

an assumption that a specified power would or would not be exercised by the water undertaker or another person in specified circumstances.

4

Before giving a direction under this section, the Secretary of State must consult—

a

the Authority,

b

the Welsh Ministers,

c

each water undertaker to which the direction would apply,

d

the Environment Agency,

e

the NRBW, and

f

such other persons as the Secretary of State considers appropriate.

5

In this section—

  • specified” means specified in a direction under this section;

  • water resources management plan for England” means a water resources management plan prepared by a water undertaker whose area is wholly or mainly in England.

4

In section 37D(1) (water resources management plans: directions), after “37A” insert “ , 37AA ”.