Water Services Act 2007
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Enabling power. |
102.— (1) Subject to section 36 (18), any statute or other Act, other than this Act, which requires a water services authority to provide water services outside of its functional area shall be construed as enabling rather than directive. | |
(2) Where as a consequence of subsection (1), a water services authority ceases to provide water services in the functional area of another water services authority, responsibility under any relevant agreement to supply water services in that functional area entered into by that water services authority, shall transfer to the water services authority in whose functional area the services are provided. | ||
(3) The Minister may make regulations for the purpose of this section that may— | ||
(a) provide for financial adjustments between water services authorities where one water services authority takes over responsibility for the provision of water services in its functional area from the other arising from this section or section 31 (7), | ||
(b) provide for payment by or to any water services authority affected by a take-over of responsibility for water services, or for any financial arrangements which may be necessary arising from this section or section 31 (7). | ||
(4) Notwithstanding any statute or other Act, or any agreement, which was in force on the commencement of this Act, whereby there is specified the amount of the charge which may be made by a water services authority for the provision of water services (including as the case may be a stipulation that services be provided free of charge) or an amount which such charge is not to exceed, a water services authority may make a charge which exceeds the amount so specified (or as the case may be introduce such charge), and any charge made by virtue of this subsection shall for all purposes be deemed to have been duly made under the enactment or agreement. | ||
(5) Nothing in subsection (4) shall be construed as enabling a water services authority to charge for water services provided to a household for domestic purposes. |