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section 17K(1) above shall not prevent any other part of the condition | |
from continuing to be regarded as a standard condition for the | |
purposes of this Chapter. | |
(10) Where at any time it modifies under subsection (1) above the | |
standard conditions of retail licences or combined licences in | 5 |
consequence of a reference under section 17K(2) above, the | |
Authority shall— | |
(a) also make (as nearly as may be) the same modifications of | |
those conditions for the purposes of their incorporation in | |
licences of that description granted after that time; and | 10 |
(b) publish the modifications made for those purposes in such | |
manner as it considers appropriate. | |
17P Water supply licences: Commission’s power of veto following report | |
(1) The Commission may, within the period of four weeks after the date | |
on which it is given a notice under section 17O(6) above, direct the | 15 |
Authority— | |
(a) not to make the modifications set out in that notice; or | |
(b) not to make such of the modifications as may be specified in | |
the direction; | |
and the Authority shall comply with any such direction. | 20 |
(2) The Secretary of State may— | |
(a) within the period of four weeks after the date on which the | |
Commission is given a notice under section 17O(6) above; | |
and | |
(b) on the application of the Commission, | 25 |
direct that the period for giving a direction under subsection (1) | |
above (and, accordingly, the period mentioned in section 17O(8) | |
above) shall be extended by fourteen days. | |
(3) The power to give a direction under subsection (1) above may only | |
be exercised in respect of such of the modifications set out in the | 30 |
notice under section 17O(6)(a) above as appear to the Commission | |
not to be the modifications which are requisite for the purpose of | |
remedying or preventing all or any of the adverse effects specified in | |
the report as effects which could be remedied or prevented by | |
modifications. | 35 |
(4) If the Commission gives a direction under subsection (1) above, it | |
shall— | |
(a) give notice setting out the modifications proposed by the | |
Authority, the terms of the direction and the reasons for | |
giving it; and | 40 |
(b) make such modifications itself of the relevant conditions as | |
appear to it to be requisite for the purpose of remedying or | |
preventing— | |
(i) if the direction was given under subsection (1)(a) | |
above, the adverse effects specified in the report as | 45 |
effects which could be remedied or prevented by | |
modifications; | |
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(ii) if the direction was given under subsection (1)(b) | |
above, such of those adverse effects as are not | |
remedied or prevented by the modifications made by | |
the Authority under section 17O(8)(b) above. | |
(5) In exercising its power under subsection (4)(b) above the | 5 |
Commission shall have regard to the matters as respects which | |
duties are imposed on the Authority by Part 1 of this Act. | |
(6) Before making modifications under subsection (4)(b) above the | |
Commission shall give notice— | |
(a) stating that it proposes to make the modifications and setting | 10 |
them out; | |
(b) stating the reason why it proposes to make them; | |
(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 | 15 |
modifications may be made, | |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | |
(7) A notice under subsection (4)(a) or (6) above shall be given— | |
(a) by publishing the notice in such manner as the Commission | 20 |
considers appropriate for the purpose of bringing it to the | |
attention of persons likely to be affected by the making of the | |
modifications; | |
(b) by serving a copy of the notice on— | |
(i) the Authority; | 25 |
(ii) the holder of the licence in question or, as the case | |
may be, the relevant licence holders; | |
(iii) the Council; | |
(iv) the Secretary of State; | |
(v) the Assembly; and | 30 |
(vi) the Chief Inspector of Drinking Water. | |
(8) After making modifications under this section the Commission shall | |
publish a notice stating that the modifications have been made and | |
setting them out, with the reasons for making them. | |
(9) The modification under this section of part of a standard condition of | 35 |
a particular licence in consequence of a reference under section | |
17K(1) above shall not prevent any other part of the condition from | |
continuing to be regarded as a standard condition for the purposes | |
of this Chapter. | |
(10) Where, in consequence of a reference under section 17K(2) above, the | 40 |
Commission modifies under subsection (4)(b) above the standard | |
conditions of retail licences or combined licences, the Authority may | |
make such incidental and consequential modifications as it considers | |
necessary or expedient of any conditions of licences of that | |
description. | 45 |
(11) Where, in consequence of a reference under section 17K(2) above, the | |
Commission modifies under subsection (4)(b) above the standard | |
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conditions of retail licences or combined licences, the Authority | |
shall— | |
(a) make (as nearly as may be) the same modifications of those | |
conditions for the purposes of their incorporation in licences | |
of that description granted after that time, and | 5 |
(b) publish the modifications made for those purposes in such | |
manner as it considers appropriate. | |
17Q Section 17P: supplementary | |
(1) For the purposes of the law relating to defamation, absolute privilege | |
attaches to any notice under subsection (4)(a), (6) or (8) of section 17P | 10 |
above. | |
(2) In giving any notice under subsection (4)(a) or (6) of section 17P | |
above, or publishing any notice under subsection (8) of that section, | |
the Commission must have regard to the following considerations | |
before disclosing any information. | 15 |
(3) The first consideration is the need to exclude from disclosure (so far | |
as practicable) any information whose disclosure the Commission | |
thinks is contrary to the public interest. | |
(4) The second consideration is the need to exclude from disclosure (so | |
far as practicable)— | 20 |
(a) commercial information whose disclosure the Commission | |
thinks might significantly harm the legitimate business | |
interests of the undertaking to which it relates; or | |
(b) information relating to the private affairs of an individual | |
whose disclosure the Commission thinks might significantly | 25 |
harm the individual’s interests. | |
(5) The third consideration is the extent to which the disclosure of the | |
information mentioned in subsection (4)(a) or (b) above is necessary | |
for the purposes of the notice. | |
(6) The following sections of Part 3 of the Enterprise Act 2002 shall | 30 |
apply, with the modifications mentioned in subsections (7) and (8) | |
below, for the purposes of any investigation by the Commission for | |
the purposes of the exercise of its functions under section 17P above, | |
as they apply for the purposes of any investigation on references | |
under that Part— | 35 |
(a) section 109 (attendance of witnesses and production of | |
documents etc.); | |
(b) section 110 (enforcement of powers under section 109: | |
general); | |
(c) section 111 (penalties); | 40 |
(d) section 112 (penalties: main procedural requirements); | |
(e) section 113 (payments and interest by instalments); | |
(f) section 114 (appeals in relation to penalties); | |
(g) section 115 (recovery of penalties); and | |
(h) section 116 (statement of policy). | 45 |
(7) Section 110 shall, in its application by virtue of subsection (6) above, | |
have effect as if— | |
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(a) subsection (2) were omitted, | |
(b) in subsection (4), for the words “the publication of the report | |
of the Commission on the reference concerned” there were | |
substituted “the publication by the Commission of a notice | |
under section 17P(8) of the Water Industry Act 1991 in | 5 |
connection with the reference concerned or, if no direction | |
has been given by the Commission under section 17P(1) of | |
that Act in connection with the reference concerned and | |
within the period permitted for that purpose, the latest day | |
on which it was possible to give such a direction within the | 10 |
permitted period”; and | |
(c) in subsection (9) the words from “or section” to “section | |
65(3))” were omitted. | |
(8) Section 111(5)(b) shall, in its application by virtue of subsection (6), | |
have effect as if for sub-paragraph (ii) there were substituted— | 15 |
“(ii) if earlier, the day on which a notice is published by the | |
Commission under section 17P(8) of the Water Industry | |
Act 1991 in connection with the reference concerned or, | |
if no direction is given by the Commission under section | |
17P(1) of that Act in connection with the reference | 20 |
concerned and within the period permitted for that | |
purpose, the latest day on which such a direction may be | |
given within the permitted period.” | |
(9) Provisions of Part 3 of the Enterprise Act 2002 which have effect for | |
the purposes of sections 109 to 116 of that Act (including, in | 25 |
particular, provisions relating to offences and the making of orders) | |
shall, for the purposes of the application of those sections by virtue | |
of subsection (6) above, have effect in relation to those sections as | |
applied by virtue of that subsection. | |
(10) Accordingly, corresponding provisions of this Act shall not have | 30 |
effect in relation to those sections as applied by virtue of that | |
subsection. | |
17R Water supply licences: modification by order under other enactments | |
(1) Where the Office of Fair Trading, the Commission or the Secretary of | |
State (the “relevant authority”) makes a relevant order, the order | 35 |
may also provide for the modification of— | |
(a) the conditions of a particular retail licence or combined | |
licence; or | |
(b) the standard conditions of retail licences or combined | |
licences, | 40 |
to such extent as may appear to the relevant authority to be requisite | |
or expedient for the purpose of giving effect to, or taking account of, | |
any provision made by the order. | |
(2) In subsection (1) above “relevant order” means— | |
(a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 | 45 |
of Schedule 7 to, the Enterprise Act 2002 where— | |
(i) one or more than one of the enterprises which have, | |
or may have, ceased to be distinct enterprises was | |
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engaged in the carrying on of activities authorised or | |
regulated by a retail licence or combined licence; or | |
(ii) one or more than one of the enterprises which will or | |
may cease to be distinct enterprises is engaged in the | |
carrying on of activities authorised or regulated by a | 5 |
retail licence or combined licence; or | |
(b) an order under section 160 or 161 of that Act where the | |
feature, or combination of features, of the market in the | |
United Kingdom for goods or services which prevents, | |
restricts or distorts competition relates to activities | 10 |
authorised or regulated by a retail licence or combined | |
licence. | |
(3) The modification under subsection (1)(a) above of part of a standard | |
condition of a particular licence shall not prevent any other part of | |
the condition from continuing to be regarded as a standard condition | 15 |
for the purposes of this Chapter. | |
(4) Where at any time the relevant authority modifies under subsection | |
(1)(b) above the standard conditions of retail licences or combined | |
licences, the relevant authority— | |
(a) shall also make (as nearly as may be) the same modifications | 20 |
of those conditions for the purposes of their incorporation in | |
licences of that description granted after that time; and | |
(b) may, after consultation with the Authority, make such | |
incidental or consequential modifications as the relevant | |
authority considers necessary or expedient of any conditions | 25 |
of licences of that description granted before that time. | |
(5) Where at any time the relevant authority modifies standard | |
conditions of retail licences or combined licences under subsection | |
(4)(a) above for the purposes of their incorporation in licences, the | |
relevant authority shall publish those modifications in such manner | 30 |
as the relevant authority considers appropriate. | |
(6) Expressions used in subsection (2) above and in Part 3 or 4 of the | |
Enterprise Act 2002 have the same meaning in that subsection as in | |
that Part.” | |
3 After Chapter 2 of Part 3 of the WIA there is inserted— | 35 |
“Chapter 2A | |
Supply duties etc: licensed water suppliers | |
Duty of undertaker to supply licensed water supplier etc | |
66A Wholesale water supply by primary water undertaker | |
(1) This section applies where— | 40 |
(a) a licensed water supplier requests its primary water | |
undertaker to provide it with a supply of water for the | |
purpose of supplying water to the premises of its customers | |
in accordance with the retail authorisation; and | |
(b) the premises are in the area of the undertaker. | 45 |
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(2) Where this section applies, it shall be the duty of the primary water | |
undertaker, in accordance with an agreement or determination for | |
such period and containing such terms and conditions as may be | |
provided for under section 66D(2) below— | |
(a) to take any such steps— | 5 |
(i) for the purpose of connecting the premises in | |
question with the undertaker’s supply system; or | |
(ii) in respect of that system, | |
as may be so provided for in order to enable the undertaker | |
to provide the requested supply; and | 10 |
(b) having taken any such steps, to provide that supply. | |
(3) A primary water undertaker shall not be required by virtue of this | |
section to provide a supply of water to a licensed water supplier, or | |
to take any steps to enable it to provide such a supply, if— | |
(a) both of the first and second conditions are satisfied; or | 15 |
(b) the third condition is satisfied. | |
(4) The first condition is that— | |
(a) the premises to be supplied by the supplier do not consist in | |
the whole or any part of a building; or | |
(b) the supply to be made by it to those premises is for purposes | 20 |
other than domestic purposes. | |
(5) The second condition is that the provision of the supply by the | |
undertaker would— | |
(a) require the undertaker, in order to meet all its existing | |
obligations to supply water for domestic or other purposes, | 25 |
together with its probable future obligations to supply | |
buildings and parts of buildings with water for domestic | |
purposes, to incur unreasonable expenditure in carrying out | |
works; or | |
(b) otherwise put at risk its ability to meet any of the existing or | 30 |
probable future obligations mentioned in paragraph (a) | |
above. | |
(6) The third condition is that there is a contravention in relation to the | |
water fittings used or to be used in connection with— | |
(a) the supply of water to the premises to be supplied by the | 35 |
supplier; or | |
(b) the use of water in those premises, | |
of such of the requirements of regulations under section 74 below as | |
are prescribed for the purposes of this subsection. | |
(7) Where— | 40 |
(a) a request has been made by a licensed water supplier to its | |
primary water undertaker for the purposes of subsection (1) | |
above; and | |
(b) the steps which the undertaker is required to take by virtue | |
of that request include steps for the purpose of obtaining any | 45 |
necessary authority for, or agreement to, any exercise by it of | |
any of its powers or the carrying out by it of any works, | |
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the failure of the undertaker to acquire the necessary authority or | |
agreement shall not affect any liability of the licensed water supplier, | |
under any term or condition in accordance with which those steps | |
are taken, to reimburse the undertaker in respect of some or all of the | |
expenses incurred by it in taking those steps. | 5 |
(8) A water undertaker is the primary water undertaker of a licensed | |
water supplier for the purposes of this section and section 66C below | |
if the undertaker’s supply system is to be used for the purpose of | |
making the supply to premises mentioned in those sections. | |
(9) In this section and sections 66B and 66C below— | 10 |
(a) any reference to the supply system of a water undertaker | |
shall be construed in accordance with section 17B(5) above; | |
and | |
(b) any reference to the retail authorisation shall be construed in | |
accordance with section 17A(2) above. | 15 |
66B Introduction of water into water undertaker’s supply system | |
(1) This section applies where— | |
(a) a qualifying licensed water supplier requests a water | |
undertaker to permit it to introduce water into the | |
undertaker’s supply system, by means of which any | 20 |
particular supply of water to any premises in accordance | |
with the retail authorisation is to take place, in connection | |
with that supply; and | |
(b) the premises are in the area of the undertaker. | |
(2) This section also applies where— | 25 |
(a) a water undertaker agrees to permit a qualifying licensed | |
water supplier to introduce water into the undertaker’s | |
treatment works; | |
(b) in connection with that introduction, the supplier requests | |
the undertaker to permit it to introduce water into the | 30 |
undertaker’s supply system, by means of which any | |
particular supply of water to any premises in accordance | |
with the retail authorisation is to take place, in connection | |
with that supply; and | |
(c) the premises are in the area of the undertaker. | 35 |
(3) Where this section applies, it shall be the duty of the water | |
undertaker, in accordance with an agreement or determination for | |
such period and containing such terms and conditions as may be | |
provided for under section 66D(2) below— | |
(a) to take any such steps— | 40 |
(i) for the purpose of connecting the premises in | |
question with the undertaker’s supply system; | |
(ii) for the purpose of connecting the treatment works of | |
the qualifying licensed water supplier with that | |
system (in a case falling within subsection (1) above); | 45 |
(iii) for the purpose of connecting with that system any | |
source used by the qualifying licensed water supplier | |
for the purpose of supplying water other than for | |
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