Water Services Act 2007

Joint provision of water services.

40.— (1) Two or more water services authorities may enter into an agreement or arrangement for the purpose of jointly, or of one or more of them as the case may be, carrying out any or all of their functions under this Act, in any or all of their respective areas or any part of them, or in the functional area or areas of another water services authority or authorities, or any part of them.

(2) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , two or more water services authorities may jointly enter into an agreement or arrangement with any person for the provision, whether jointly with or on behalf of one or more of them, of water services in all or part of their respective functional areas.

(3) Whenever it appears to the Minister that an agreement or arrangement under subsection (1) or (2) should be made by water services authorities for the purpose of carrying out any or all of their functions, he or she may direct them to enter into an agreement or arrangement, and they shall comply with such direction.

(4) A direction under subsection (3) shall only be made by the Minister after giving each water services authority concerned an opportunity to make representations to him or her and after considering any representations so made.

(5) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any such direction.

(6) An agreement or arrangement entered into under subsection (3) shall not be revoked except with the approval of the Minister.

(7) Whenever a water services authority enters into an agreement or arrangement with another water services authority or another person under subsection (1) or (2) or section 32 (1)(j) for the provision of water services on its behalf, the first-mentioned water services authority shall, notwithstanding the agreement or arrangement, continue to be responsible for the compliance of those services with the requirements of this Act.

(8) Subsection (7) shall not be construed so as to nullify or otherwise affect the application of any provision in an agreement or arrangement under subsection (1) or (2) or section 32 (1)(j) in relation to public or civil liability arising from the provision of water services under that agreement or arrangement.