Commentary on Sections Part 5: Water Supply Section 39: Supply of water by water undertakers
67.This section re-enacts section 14(1) and (4) of the Fire Services Act 1947 Act and allows a fire and rescue authority to enter into an agreement with a water undertaker for the supply of water (as covered by section 37). Subsection (2) allows for any agreement to include terms for payment, other than for the purposes covered by section 147 of the Water Industry Act 1991.
68.Subsection (4) makes any obligation of a water undertaker, under an agreement, enforceable by the Secretary of State under section 18 of the Water Industry Act 1991. This gives the Secretary of State power to make an enforcement order to secure compliance with any statutory or other requirement.