Water Services Act 2007
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PART 2 General Functions | ||
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General functions of Minister. |
30.— (1) It shall be the general duty of the Minister to facilitate the provision of safe and efficient— | |
(a) water services, and | ||
(b) water services infrastructure, | ||
in accordance with relevant requirements of the Directives specified in section 5 in order to contribute to sustainable social and economic development and for that purpose the Minister shall have overall responsibility for the following: | ||
(i) subject to section 58A (inserted by the Water Services Act 2007) of the Act of 1992, the supervision and monitoring of the performance by water services authorities of their functions under this Act; | ||
(ii) the planning and supervision of investment programmes for the provision of water services; and | ||
(iii) such other functions in relation to water services as may be prescribed. | ||
(2) The Minister may make regulations for the purposes of subsection (1). | ||
(3) When carrying out his or her functions under this Act, the Minister shall have regard to and take full account of: | ||
(a) the principle of recovery of the costs of water services as provided for in Article 9 of the EU Water Framework Directive; | ||
(b) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders made under the Act of 2000; | ||
(c) the National Spatial Strategy 2002 to 2020 published on 28 November 2002, and any revision or replacement of it; | ||
(d) relevant information or advice given, or recommendations or reports made or criteria, procedures or codes of practice specified or published or licences, permits or authorisations granted by the Agency; | ||
(e) relevant waste management plans under the Act of 1996; | ||
(f) relevant water quality management plans made under the Local Government (Water Pollution) Acts 1977 to 2007; | ||
(g) relevant river basin management plans or programmes of measures under the EU Water Framework Directive; | ||
(h) water services strategic plans under section 36 ; | ||
(i) rural water services strategic plans under section 77 ; and | ||
(j) such other plans, strategies, guidelines or any other thing which may be prescribed. | ||
(4) For the purposes of subsection (1), the Minister may— | ||
(a) provide guidance to water services authorities in relation to— | ||
(i) the performance generally by water services authorities of their functions under this Act, including their functions in relation to drinking water quality, | ||
(ii) the preparation, content, or scope of water services strategic plans, | ||
(iii) best practice in the planning, procurement, management or operation of water services infrastructure, | ||
(iv) the management and control of agreements entered into by water services authorities for the design, provision or operation of waterworks or waste water works, or for the provision of water services either jointly or on their behalf, | ||
(b) monitor and compare the performance of water services authorities in carrying out their functions, | ||
(c) publish such reports in relation to the provision of water services generally, including reports on the efficiency and effectiveness of investment in water services, as he or she considers appropriate, | ||
(d) specify standards, or issue guidelines, codes of practice or directions in relation to the provision of water services (including in relation to pricing mechanisms and procurement), | ||
(e) give information or advice to a water services authority, water services authorities generally, or any person in relation to water services, including asset management, | ||
(f) assess reports on tenders submitted by water services authorities, whether above a threshold to be prescribed or at the discretion of the Minister, and grant or refuse approval to water services authorities to award contracts, | ||
(g) develop, arrange for the development of, or monitor programmes, information systems and databases in relation to water services, | ||
(h) provide such general support and assistance to water services authorities in relation to the performance of their functions as he or she considers necessary and feasible, | ||
(i) direct a water services authority in relation to the— | ||
(i) drawing up or implementation of programmes to fulfil targets set out in water services strategic plans, | ||
(ii) acquisition of land for the purposes of its functions under this Act, | ||
(iii) preparation of, or arrangement for the preparation of, designs for specified construction or improvement work, | ||
(iv) preparation and submission of tenders for approval, | ||
(v) entering into contracts for, or undertaking of, specified construction or maintenance works, | ||
(vi) preparation or arrangement for the preparation of a programme of maintenance works, | ||
(vii) procurement of water services infrastructure or the management and control of agreements for the design, provision or operation of waterworks or waste water works, or related matters, | ||
(viii) monitoring or inspection of drinking water, waste water discharges or the operations and management of water services providers, including procedures generally for this purpose, follow-up action where monitoring results indicate a failure to meet specified standards, remedial measures to be taken, provision of public information and advice, and such restriction of services as may be necessary for the protection of human health and the environment, | ||
(ix) format and content of records and reports, | ||
(x) licensing of a water services provider, | ||
(xi) management and operational practice, or | ||
(xii) performance of its functions generally, | ||
and this paragraph shall neither be construed nor operate to enable the Minister to direct the provision of water services to an individual household or person, | ||
(j) examine or inspect, as the case may be, such records, plant, equipment, machinery, works, systems and pipes as he or she considers necessary, and examine and assess the management and operational practices of a water services authority, or a licence holder under this Act, or their agent or partner, | ||
(k) seek information or data from any person whom he or she considers to have such information or data, or | ||
(l) do any other thing which arises out of, or is consequential to, or is necessary or expedient for the purposes of the performance of his or her functions or is ancillary thereto. | ||
(5) Each water services authority shall take such measures as are necessary to comply with a direction issued to it by the Minister. | ||
(6) Any person in possession of information or data sought by the Minister under paragraph (k) of subsection (4) shall furnish it to the Minister on request. | ||
(7) (a) If, during the course of his or her investigations for the purposes of this section, the Minister is satisfied that— | ||
(i) a water services authority, or a person acting on its behalf, is not in compliance with a prescribed performance or quality standard, or its management and operational standards are inadequate, or | ||
(ii) a water services authority or any prescribed person is not performing any of its functions in relation to water services in a satisfactory manner, | ||
then the Minister may issue a notice (in this section referred to as a “compliance notice”) specifying corrective action required to be taken by the water services authority or prescribed person in a specified period. The water services authority or prescribed person shall take the action specified in the compliance notice within the period specified in the compliance notice. | ||
(b) A person who fails to comply with a compliance notice within the specified period, commits an offence. | ||
(8) The Minister may make regulations for the purposes of subsection (7), without prejudice to the generality of which, may provide for public notification and consultation procedures and general requirements in relation to the service of a compliance notice. | ||
(9) (a) The Minister may from time to time— | ||
(i) appoint such and so many committees as he or she thinks proper, and may, subject to retaining overall responsibility and accountability, delegate to such committees any functions under this section which, in his or her opinion, can more conveniently be performed by that committee, | ||
(ii) appoint one or more consultative groups to provide advice in relation to any of his or her functions, | ||
(iii) provide such resources for a committee or consultative group as may be approved by the Minister for Finance, or | ||
(iv) at his or her discretion, dissolve a committee or consultative group, or vary its membership. | ||
(b) A committee or consultative group appointed under paragraph (a) shall consist of such persons as the Minister thinks proper, and may include persons employed, or engaged as consultants or advisers by, the Minister. | ||
(10) A person who fails to comply with a request under subsection (6) commits an offence. |