Water Services Act 2013

28.

Amendment of section 105 of Act of 2007.

28.— (1) Section 105 of the Act of 2007 is amended by—

(a) the deletion of subsection (1),

(b) the substitution, in subsection (2), of “subsection (4)” for “subsections (1) and (4)”, and

(c) the substitution, in subsection (11), of “Where” for “Without prejudice to subsection (1), where”.

(2) The functions of each water services authority under section 105 of the Act of 2007 in so far only as they relate to dwellings are transferred to the Board and the subsidiary, and references in any enactment or instrument under an enactment to a water services authority shall, to the extent that they relate to any of those functions, be construed as references to the Board and the subsidiary.

(3) For the purposes of this section, the functions (other than the functions transferred to the Board and the subsidiary under subsection (2)) of a water services authority under the Act of 2007 shall, in addition to being performable by a water services authority, be performable by the Board and the subsidiary—

(a) in the like manner as they would be performable by a water services authority,

(b) subject to the like consent and conditions (if any) as would apply if the functions were being performed by a water services authority, and

(c) to the extent only that their performance is necessary or expedient for the performance of functions transferred under subsection (2).

(4) For the avoidance of doubt, the functions to which this section applies shall be performable by—

(a) either the Board or the subsidiary, or

(b) jointly by both the Board and the subsidiary.