Section 144B - Restriction on undertakers' power to require fixing of charges by reference to volume

(1) Subsection (2) below applies where:
(a) water is supplied to any premises in which, or in any part of which, a person has his home,
(b) charges in respect of those premises have previously been fixed without reference to volume, and
(c) such conditions as may be prescribed are satisfied in relation to the premises.

(2) Where this subsection applies, a relevant undertaker may not by virtue of any charges scheme under section 143 above begin to fix the charges in respect of those premises by reference to volume unless either:
(a) the consumer
(i) has given the undertaker a measured charges notice under section 144A above which has not been revoked under that section, or
(ii) has consented to the charges in respect of the premises being so fixed and has not revoked that consent under section 144A, or
(b) there has been a change in the occupation of the premises and no charges have yet been demanded from the person who has become the consumer.

(3) A change in the persons occupying any premises does not constitute a change in the occupation of the premises for the purposes of subsection (2)(b) above if any person who was in occupation of the premises before the change remains in occupation after the change.

(4) Where a consumer gives consent for the purposes of subsection (2)(a)(ii) above in relation to premises in which, or in any part of which, a person has his home, he shall be treated for the purposes of subsections (5) to (8) of section 144A above as having given a measured charges notice under that section.]

NOTES

Amendment
Inserted by the Water Industry Act 1999, s 7.
Date in force (insofar as this provision confers any power to make subordinate legislation): 30 June 1999: see the Water Industry Act 1999, s 17(3)(f).
Date in force (for remaining purposes): 1 April 2000: see SI 1999/3440, art 3(b).

Transfer of Functions
Transfer of functions to the National Assembly for Wales: the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2(a), Sch 1 (as amended by the National Assembly for Wales (Transfer of Functions) Order 2000, SI 2000/253, art 4, Sch 3(e)) provides that, subject to art 2(b) to (f) of the 1999 Order, the functions of a Minister of the Crown under this section are transferred to the National Assembly for Wales with respect to both water supply and sewerage, in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales.

Subordinate Legislation
Water Industry (Prescribed Conditions) Regulations 1999, SI 1999/3442 (made under sub-s (1)(c))

Extent
This section does not extend to Scotland: see the Water Industry Act 1999, s 17(5)(a)