Commentary on Sections Part 5: Strategy and Policy Statement Section 137: Reporting requirements
561.This section amends the Utilities Act 2000 to build on the Authority’s current reporting requirements. Subsection (2) adds a new section 4A to the Utilities Act 2000.
562.Subsections (1) to (5) of section 4A require the Authority to publish certain information in relation to the strategy and policy statement. This information is specified in section 4A(3) and includes strategy and proposed actions for how it will further delivery of the policy outcomes, both in the forthcoming year and beyond.
563.The provisions give the Authority some flexibility to publish the information in the way which best fits with its existing reporting cycle, no matter when a strategy and policy statement is published. Section 4A(1) ensures that, as soon as reasonably practicable after designation of a strategy and policy statement, the Authority publishes a document containing the required information. Section 4A(4) gives the Authority discretion to publish the information in its next forward work programme (which it is obliged to publish under section 4 of the Utilities Act 2000) if it is not reasonably practicable to publish it in an earlier document.
564.Section 4A(2) ensures that the Authority publishes the same information (updated) in each forward work programme, unless the Secretary of State has given notice that the statement’s designation has been, or is expected to be, withdrawn before the beginning of the financial year (section 4A(6)). Section 4A(5) gives the Authority discretion to publish the information in a separate document in relation to the first financial year after designation, if it is not reasonably practicable to include it in a forward work programme.
565.Section 4A(7) ensures that the same procedural requirements apply to publication of a document containing the required information as apply to a forward work programme. Section 4A(8) defines certain terms for the purpose of the section.
566.Subsection (3) amends section 5 of the Utilities Act 2000 setting out further information related to the strategy and policy statement that must be included in the Authority’s annual report. The information is set out in subsections (2A) and (2B) of section 5 and includes information which relates to the strategy and proposed actions which will be set out in the forward work programme as identified above and an explanation of any failure to take those actions. Section 5(2C) defines certain terms for the purposes of the section.