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(13) Subsections (9) and (11) above apply in relation to regulations made | |
by the Assembly under subsection (8) above by virtue of subsection | |
(12) above as they apply in relation to regulations made by the | |
Secretary of State under subsection (8) above. | |
17E Determinations by the Authority | 5 |
(1) The Authority may determine, in a case referred to it by a licensed | |
water supplier or a potential customer of a licensed water supplier, | |
whether a proposed supply of water by the supplier to the customer | |
would be in accordance with the retail authorisation given to the | |
supplier in the licence. | 10 |
(2) The matters which the Authority may determine include the | |
following matters— | |
(a) the extent of the premises to be supplied for the purposes of | |
section 17A(3) above; | |
(b) whether the premises to be supplied are household premises | 15 |
(as defined in section 17C above); and | |
(c) whether the threshold requirement is satisfied in relation to | |
the premises to be supplied (construed in accordance with | |
section 17D above), | |
and also include any other matter the determination of which is | 20 |
relevant to those matters. | |
17F Procedure for granting water supply licences | |
(1) An application for— | |
(a) a water supply licence; | |
(b) the variation of a retail licence so that it gives also the | 25 |
supplementary authorisation; or | |
(c) the variation of a combined licence so that it gives only the | |
retail authorisation, | |
shall be made in such form and manner, and shall contain, or be | |
accompanied by, such information and documents and such fee (if | 30 |
any) as may be prescribed. | |
(2) Within the prescribed period after the making of such an application, | |
the applicant shall publish in the prescribed manner a notice of the | |
application containing such particulars as may be prescribed. | |
(3) The particulars which may be prescribed by virtue of subsection (2) | 35 |
above include the time within which, and the address at which, | |
representations or objections with respect to the application may be | |
made. | |
(4) If the Secretary of State or the Authority proposes to refuse the | |
application, he or it shall give to the applicant a notice— | 40 |
(a) stating that he or it proposes to refuse the application; | |
(b) stating the reasons why he or it proposes to refuse the | |
application; and | |
(c) specifying the time within which representations or | |
objections with respect to the proposed refusal may be made, | 45 |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | |
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(5) The Secretary of State may make provision by regulations | |
disapplying subsections (2) and (3) above in relation to an | |
application under subsection (1) above in such circumstances as may | |
be prescribed. | |
(6) A licence shall be in writing and, unless revoked or suspended in | 5 |
accordance with any condition contained in it, shall continue in force | |
for such period as may be specified in or determined by or under the | |
licence. | |
(7) As soon as practicable after granting a licence or variation of a | |
licence, the Secretary of State or the Authority shall serve a copy of | 10 |
the licence or licence as varied— | |
(a) on the licence holder; | |
(b) on the Assembly; | |
(c) on the Chief Inspector of Drinking Water; | |
(d) on the Environment Agency; | 15 |
(e) on the Council; | |
(f) on each relevant undertaker; | |
(g) on each licensed water supplier (other than the holder of the | |
licence in question); | |
(h) if the licence or variation is granted by the Secretary of Sta te, | 20 |
on the Authority; | |
(i) if the licence or variation is granted by the Authority, on the | |
Secretary of State. | |
(8) Any sums received by the Secretary of State or by the Authority by | |
virtue of this section shall be paid into the Consolidated Fund. | 25 |
Licence conditions | |
17G Water supply licence conditions | |
(1) A water supply licence may include— | |
(a) such conditions as appear to the Secretary of State or, as the | |
case may be, the Authority to be requisite or expedient | 30 |
having regard to the duties imposed on him or it by Part 1 of | |
this Act; | |
(b) conditions requiring the rendering to the Secretary of State of | |
a payment on the grant of a water supply licence, or | |
payments while such a licence is in force, or both, of such | 35 |
amount or amounts as may be determined by or under the | |
conditions. | |
(2) Conditions may be included by virtue of subsection (1)(a) above in a | |
water supply licence whether or not they are connected with the | |
supply of water or the introduction of water into a water | 40 |
undertaker’s supply system. | |
(3) Conditions included in a water supply licence may— | |
(a) require the holder of the licence to comply with any direction | |
given by a specified relevant person as to specified matters or | |
matters which are of a specified description; | 45 |
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(b) require the holder of the licence to do or not to do specified | |
things or things which are of a specified description, except | |
in so far as a specified relevant person consents to the | |
holder’s not doing or doing them; and | |
(c) provide for the reference to and determination by a specified | 5 |
relevant person of specified questions, or questions which are | |
of a specified description, which arise under or in connection | |
with the licence. | |
(4) For the purposes of subsection (3) above— | |
(a) the following are relevant persons— | 10 |
(i) the Secretary of State; | |
(ii) the Authority; | |
(iii) the Assembly; | |
(iv) the Environment Agency; and | |
(b) “specified” means specified in the licence in question. | 15 |
(5) Conditions included in a water supply licence may contain provision | |
for the conditions to have effect, cease to have effect or be modified | |
at such times, in such manner and in such circumstances as may be | |
specified in or determined in accordance with the conditions. | |
(6) Any such condition as is referred to in subsection (5) above shall | 20 |
have effect in addition to the provision made by this Chapter with | |
respect to the modification of the conditions of a licence. | |
(7) Any sums received by the Secretary of State by virtue of this section | |
shall be paid into the Consolidated Fund. | |
17H Standard conditions of water supply licences | 25 |
(1) Such conditions as may be— | |
(a) determined by the Secretary of State (after consulting the | |
Assembly); and | |
(b) published by him in such manner as he considers | |
appropriate, | 30 |
shall be standard conditions of water supply licences granted by the | |
Secretary of State or the Authority. | |
(2) The standard conditions which may be determined may be different | |
for— | |
(a) retail licences; and | 35 |
(b) combined licences, | |
and standard conditions relating to the retail authorisation may be | |
different depending on whether they are to relate to retail licences or | |
combined licences. | |
(3) The power to determine standard conditions in relation to retail | 40 |
licences and combined licences may be exercised only before the | |
grant of (respectively) the first retail licence and the first combined | |
licence (but this is without prejudice to the power to modify standard | |
conditions in accordance with the provisions of this Chapter). | |
(4) The standard conditions for the purposes of water supply licences of | 45 |
either description may contain provision— | |
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(a) for any standard condition included in a licence of that | |
description not to have effect until brought into operation in | |
such manner and in such circumstances as may be specified | |
in or determined under the standard conditions; | |
(b) for the effect of any standard condition included in such a | 5 |
licence to be suspended in such manner, and in such | |
circumstances, as may be so specified or determined; and | |
(c) for any standard condition included in such a licence which | |
is for the time being suspended to be brought back into | |
operation in such manner and in such circumstances as may | 10 |
be so specified or determined. | |
(5) Subject to subsection (6) below, each condition which is a standard | |
condition shall be incorporated by reference in each water supply | |
licence (or in each such licence to which the standard condition | |
applies). | 15 |
(6) Subject to the following provisions of this section, the Secretary of | |
State or the Authority may, in granting a licence, exclude or modify | |
any of the standard conditions to such extent as he or it considers | |
requisite to meet the circumstances of a particular case. | |
(7) Before excluding any standard conditions or making any | 20 |
modifications under subsection (6) above, the Secretary of State or | |
the Authority shall give notice— | |
(a) stating that he or it proposes to exclude the conditions or | |
make the modifications and setting out the effect of so doing; | |
(b) stating the reasons why he or it proposes to exclude the | 25 |
conditions or make the modifications; and | |
(c) specifying the time (not being less than twenty-eight days | |
from the date of publication of the notice) within which | |
representations or objections with respect to the proposed | |
exclusions or modifications may be made, | 30 |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | |
(8) A notice under subsection (7) above shall be given— | |
(a) by publishing the notice in such manner as the Secretary of | |
State or (as the case may be) the Authority considers | 35 |
appropriate for the purpose of bringing the notice to the | |
attention of persons likely to be affected by the making of the | |
exclusions or modifications; and | |
(b) by serving a copy of the notice— | |
(i) on the Assembly; | 40 |
(ii) on the Chief Inspector of Drinking Water; | |
(iii) if the notice is published by the Secretary of State, on | |
the Authority; | |
(iv) if the notice is published by the Authority, on the | |
Secretary of State. | 45 |
(9) If, within the time specified in the notice under subsection (7) above, | |
the Secretary of State (after consulting the Assembly) directs the | |
Authority not to exclude or modify any standard condition, the | |
Authority shall comply with the direction. | |
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(10) The Secretary of State or the Authority shall not exclude any | |
conditions, or make any modifications, under subsection (6) above | |
unless he or it is of the opinion that the exclusions or modifications | |
are such that— | |
(a) the licence holder would not be unduly disadvantaged in | 5 |
competing with other holders of water supply licences; and | |
(b) no other holder of a water supply licence would be unduly | |
disadvantaged in competing with other holders of such | |
licences (including the holder of the licence). | |
(11) The modification under subsection (6) above of part of a standard | 10 |
condition shall not prevent any other part of the condition from | |
continuing to be treated as a standard condition for the purposes of | |
this Chapter. | |
Modification of licences | |
17I Modification of water supply licences by agreement | 15 |
(1) Subject to the following provisions of this section, the Authority may | |
modify the conditions of a particular water supply licence. | |
(2) The Authority may not make any modifications under this section | |
unless the licence holder has consented to the modifications and, in | |
the case of standard conditions of the licence, the Authority is of the | 20 |
opinion that the modifications— | |
(a) are requisite to meet the circumstances of the particular case; | |
and | |
(b) are such that— | |
(i) the licence holder would not be unduly | 25 |
disadvantaged in competing with other holders of | |
water supply licences; and | |
(ii) no other holder of a water supply licence would be | |
unduly disadvantaged in competing with other | |
holders of such licences (including the holder of the | 30 |
licence being modified). | |
(3) Before making modifications under this section, the Authority shall | |
give notice— | |
(a) stating that it proposes to make the modifications and setting | |
out their effect; | 35 |
(b) stating the reasons why it proposes to make the | |
modifications; and | |
(c) specifying the period (not being less than twenty-eight days | |
from the date of publication of the notice) within which | |
representations or objections with respect to the proposed | 40 |
modifications may be made, | |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | |
(4) A notice under subsection (3) above shall be given— | |
(a) by publishing the notice in such manner as the Authority | 45 |
considers appropriate for the purpose of bringing the notice | |
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to the attention of persons likely to be affected by the making | |
of the modifications; and | |
(b) by serving a copy of the notice on— | |
(i) the licence holder; | |
(ii) the Council; | 5 |
(iii) the Secretary of State; | |
(iv) the Assembly; and | |
(v) the Chief Inspector of Drinking Water. | |
(5) If, within the period specified in the notice under subsection (3) | |
above, the Secretary of State (after consulting the Assembly) directs | 10 |
the Authority not to make any modification, the Authority shall | |
comply with the direction. | |
(6) The modification under this section of part of a standard condition of | |
a licence shall not prevent any other part of the condition from | |
continuing to be regarded as a standard condition for the purposes | 15 |
of this Chapter. | |
17J Modification of standard conditions of water supply licences | |
(1) Subject to the following provisions of this section, the Authority may | |
modify the standard conditions of retail licences or combined | |
licences. | 20 |
(2) Where at any time the Authority modifies the standard conditions of | |
retail licences or combined licences under this section the Authority | |
may make such incidental or consequential modifications as it | |
considers necessary or expedient of any conditions of any licence of | |
that description. | 25 |
(3) Before making any modifications under this section, the Authority | |
shall give notice— | |
(a) stating that it proposes to make the modifications and setting | |
out their effect; | |
(b) stating the reasons why it proposes to make the | 30 |
modifications; and | |
(c) specifying the time (not being less than twenty-eight days | |
from the date of publication of the notice) within which | |
representations or objections with respect to the proposed | |
modifications may be made, | 35 |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | |
(4) A notice under subsection (3) above shall be given— | |
(a) by publishing the notice in such manner as the Authority | |
considers appropriate for the purpose of bringing the notice | 40 |
to the attention of persons likely to be affected by the making | |
of the modifications; and | |
(b) by serving a copy of the notice on— | |
(i) each relevant licence holder; | |
(ii) the Council; | 45 |
(iii) the Secretary of State; | |
(iv) the Assembly; and | |
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(v) the Chief Inspector of Drinking Water. | |
(5) If, within the time specified in the notice under subsection (3) above, | |
the Secretary of State (after consulting the Assembly) directs the | |
Authority not to make any modification, the Authority shall comply | |
with the direction. | 5 |
(6) The Authority may not under this section make any modifications of | |
the standard conditions of retail licences or combined licences | |
unless— | |
(a) no notice of objection to those modifications is given by any | |
relevant licence holder to the Authority within the time | 10 |
specified in the notice under subsection (3) above; | |
(b) if one or more relevant licence holders give notice of objection | |
to the Authority within that time— | |
(i) the proportion (expressed as a percentage) of the | |
relevant licence holders who have given notice of | 15 |
objection is less than such percentage as may be | |
specified in an order made by statutory instrument by | |
the Secretary of State; and | |
(ii) the percentage given by subsection (7) below is less | |
than such percentage as may be so specified; or | 20 |
(c) subsection (8) below applies to the case. | |
(7) The percentage given by this subsection is the proportion (expressed | |
as a percentage) of the relevant licence holders who have given | |
notice of objection, weighted according to their market share at such | |
time and in such manner as may be specified in an order under | 25 |
subsection (6) above. | |
(8) This subsection applies where the Authority is satisfied that— | |
(a) the effect of the standard conditions is such as to impose a | |
burden affecting relevant licence holders in the carrying on of | |
activities to which the modifications relate; | 30 |
(b) the modifications would remove or reduce the burden | |
without removing any necessary protection; and | |
(c) the modifications are such that no holder of a water supply | |
licence would be unduly disadvantaged in competing with | |
other holders of such licences. | 35 |
(9) An order under subsection (6) above may include such | |
supplemental, consequential and transitional provision as the | |
Secretary of State considers appropriate. | |
(10) Before making an order under subsection (6) above, the Secretary of | |
State shall consult the Assembly. | 40 |
(11) A statutory instrument containing an order under subsection (6) | |
above shall not be made unless a draft of the instrument has been | |
laid before, and approved by a resolution of, each House of | |
Parliament. | |
(12) Where the Authority modifies the standard conditions of retail | 45 |
licences or combined licences, the Authority shall— | |
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