WATER RESOURCES
15
were set up: the National Rivers Authority to deal with water quality in natural water bodies;
the Director-General of Water Services (OFWAT) to regulate prices in the industry; and the
Drinking Water Inspectorate, to deal with drinking water quality. The then twenty-nine private
companies were brought under the same regulatory controls
While privatisation was being discussed, the implications of EC legislation on water
quality standards became more apparent. In recognition of this, the government wrote off
£5 billion of the industry’s debts before privatisation, and endowed them with a further £1.6
billion cash injection (the so-called ‘green dowry’). Shares in the ten water companies which
replaced the RWAs were offered for sale in November 1989, and the offer was oversubscribed.
Most of the private water-only companies in existence before 1989 have since re-registered
under the Companies Act 1985, so that their earlier restrictions on borrowing and paying of
dividend no longer apply. Since 1989, twelve of these companies which were in common
ownership have been brought together under five single licences.
Under the present system the privatised water companies, comprising the ten large
water service (water supply and sewerage) companies, resulting from the sale of the former
RWAs, and the much smaller water supply companies which had never been absorbed into
the RWAs, have a statutory duty to maintain supplies. Under the 1989 Act regulatory roles
were given to three new agencies, the National Rivers Authority, OFWAT and the DWI (see
pp. 16–17). A regulator was felt necessary, as water formed a natural monopoly. Regulation
relies on comparative competition and on competition for capital in the financial markets.
OFWAT has allowed prices charged for water to be increased above the rate of inflation, but
only in order to allow for investments necessary in order to meet raised standards, although
there are those who believe that this is a failure of the regulatory system. It has been argued
that the mergers which have taken place have reduced the scope for comparative competition.
Since privatisation, the industry has been affected by further legislation, which has
consolidated existing legislation, and strengthened the powers of regulators. In addition, in
1994, the government relinquished its special (‘Golden Share’) holdings in the water and
sewerage companies, which has exposed them to the potential of merger and take-over as
for any other quoted company. However the Monopolies and Mergers Commission has to
be consulted if any proposal would result in a new water enterprise with gross assets exceeding
£30 million, and there is also European legislation governing certain large mergers.
Notwithstanding this, since 1989 several of the water-only companies have been taken over
by major shareholders, and their number has been reduced by amalgamations, to eighteen
at the time of writing. Mergers have occurred between various utility companies of different
kinds (e.g. North West Water and NORWEB, the electricity company, 1995); between water-
only and water and sewerage utilities (e.g. Northumbrian Water and North East Water in
1995); and between water-only companies (e.g. East Surrey Water and Sutton Water in 1995).
Some water and sewerage companies are now part of multi-utility groups (for example North
West Water, Dwr Cymru and Southern Water Services are all joined to a regulated electricity
business), and these multi-utility groups are increasingly moving into other competitive utility
businesses such as telecommunications and gas. A number of the smaller water-only
companies have also entered into the competitive gas business. Each company is required
to operate at arm’s length from its associates, and without cross-subsidy, and further
investigations are continuing into trading relationships and the transparency of financial
performance. Some of these groupings have an international dimension, for example as in
the linking of Southern Water and Scottish Power, and the merger of Northumbrian Water