SCHEDULE 1APPLICATION OF THE ACT AND RELATED PROVISIONS

Functions in relation to information14

1

Section 195 M1 (the Authority's register) applies as if—

F5a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in subsection (2) (documents to be entered in the register), after paragraph (bc), there were inserted—

bd

every notice issued by the Secretary of State or the Authority under the Regulations (other than a notice issued under regulation 9);

2

Section 195A M2 (reasons for decisions) applies as if, in subsection (1) (decisions for which reasons must be published)—

a

the “and” following paragraph (f) were repealed; and

b

after paragraph (f), there were inserted—

fa

the giving of any notice under the Regulations (other than a notice issued under regulation 9); and

3

Section 199 M3 (sewer maps) applies as if—

a

after subsection (1) (duty to keep records), there were inserted—

1A

Subject to subsection (6) below, it shall be the duty of every licensed infrastructure provider to keep records of the location and relevant particulars of every sewer or disposal main owned by it.

b

in subsection (3) (maintenance of separate records for each local authority area)—

i

after “a sewerage undertaker”, there were inserted “ or a licensed infrastructure provider ”;

ii

after “that undertaker”, there were inserted “ or licensed infrastructure provider ”; and

iii

after “the undertaker”, there were inserted “ or the licensed infrastructure provider ”;

c

in subsection (4) (availability of records)—

i

after “every sewerage undertaker”, there were inserted “ and every licensed infrastructure provider ”; and

ii

after “the undertaker”, there were inserted “ or licensed infrastructure provider (as the case may be) ”;

d

in subsection (5) (information to be available as a map), after “a sewerage undertaker”, there were inserted “ or a licensed infrastructure provider ”; and

e

in subsection (9) (enforcement), after “a sewerage undertaker”, there were inserted “ or a licensed infrastructure provider ”.

4

Section 200 (provision of sewer maps to local authorities) applies as if—

a

in subsection (1) (duty to provide local authorities with records), after “every sewerage undertaker”, there were inserted “ and every licensed infrastructure provider ”; and

b

in subsections (2) (local authority to make records available) and (4) (enforcement), after “a sewerage undertaker” each time they appear, there were inserted “ or a licensed infrastructure provider ”.

5

Section 201 M4 (publication of certain information and advice) applies as if, in subsection (1)(b), after “authorised”, there were inserted “ or regulated ”.

6

Section 202 M5 (duties of undertakers and F1water supply licensees and sewerage licensees to furnish the Secretary of State with information) applies as if—

a

in the title, after “undertakers” there were inserted “ etc ”;

b

in subsection (1A) (duties of F1water supply licensees and sewerage licensees to furnish information), in paragraph (a), after “authorised”, there were inserted “ or regulated ”; and

c

in subsection (5) (enforcement under section 18 of the Act), for “or F2sewerage licensee” there were substituted “ , F2sewerage licensee or licensed infrastructure provider ”.

7

Section 203 M6 (power to acquire information for enforcement purposes) applies as if—

F3a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

subsections (4) and (5) (offences) were repealed;

F4c

in subsection (8) (definition of “the Minister”), after paragraph (a)(ii), there were inserted—

iii

any licensed infrastructure provider carrying out functions using the supply system or sewerage system of any such undertaker”

8

Section 205 M7 (exchange of metering information between service providers) applies as if, in subsection (4), after paragraph (a), there were inserted—

aa

any licensed infrastructure provider; and