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(7) If the Authority determines that an introduction designated under | |
this section as a strategic supply no longer constitutes such a supply, | |
it shall cancel its designation. | |
(8) If the Authority proposes to make a determination under subsection | |
(7) above that an introduction no longer constitutes a strategic | 5 |
supply, it shall give notice of the proposed determination to the | |
persons specified in paragraphs (a) to (d) of subsection (4) above. | |
(9) Subsection (5) above applies to a notice under subsection (8) above | |
as it applies to a notice under subsection (4) above (and subsection | |
(6) above applies accordingly). | 10 |
(10) For the purposes of this section, an introduction of water is a | |
strategic supply if, without that introduction being made, there is a | |
substantial risk that the water undertaker would be unable to | |
maintain supplies to its own customers as well as supplying | |
customers of the licensed water supplier in question with water for | 15 |
domestic purposes. | |
66H Designation of collective strategic supply | |
(1) Subsection (2) below applies if at any time the Authority determines | |
that two or more introductions of water— | |
(a) which are made by a licensed water supplier; and | 20 |
(b) which a water undertaker is required to permit under section | |
66B or 66C above in accordance with agreements under | |
section 66D above, | |
constitute a collective strategic supply of water. | |
(2) The Authority shall designate the introductions as a collective | 25 |
strategic supply. | |
(3) Subsection (4) below applies if— | |
(a) a water undertaker requests the Authority to make a | |
determination that two or more introductions of water | |
constitute a collective strategic supply for the purposes of | 30 |
subsection (1) above, or | |
(b) the Authority otherwise proposes to make a determination | |
that two or more introductions of water constitute a collective | |
strategic supply for the purposes of that subsection. | |
(4) The Authority shall give notice of the request or proposed | 35 |
determination to— | |
(a) the Secretary of State; | |
(b) the Assembly; | |
(c) the Environment Agency; | |
(d) the other party or parties, or the parties, to the agreements | 40 |
under section 66D above; and | |
(e) such other persons (if any) as the Authority thinks it | |
appropriate to notify. | |
(5) Any such notice shall specify the time (not being less than twenty- | |
eight days from the date on which the notice was given) within | 45 |
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which representations or objections with respect to the request or | |
proposed determination may be made. | |
(6) The Authority shall consider any representations or objections which | |
are duly made and not withdrawn. | |
(7) If the Authority determines that introductions designated under this | 5 |
section as a collective strategic supply no longer constitute such a | |
supply, it shall cancel their designation. | |
(8) If the Authority proposes to make a determination under subsection | |
(7) above that introductions no longer constitute a collective strategic | |
supply, it shall give notice of the proposed determination to the | 10 |
persons specified in paragraphs (a) to (d) of subsection (4) above. | |
(9) Subsection (5) above applies to a notice under subsection (8) above | |
as it applies to a notice under subsection (4) above (and subsection | |
(6) above applies accordingly). | |
(10) For the purposes of this section, introductions of water are a | 15 |
collective strategic supply if, without those introductions being | |
made, there is a substantial risk that the water undertaker would be | |
unable to maintain supplies to its own customers as well as | |
supplying the customers of the licensed water supplier in question | |
with water for domestic purposes. | 20 |
Offences | |
66I Prohibition on unauthorised use of supply system | |
(1) Subject to subsections (2) and (3) and section 66K below, no person | |
shall use a water undertaker’s supply system for the purpose of | |
supplying water to any premises of a customer. | 25 |
(2) Subsection (1) above shall not apply where the supply is made— | |
(a) by the water undertaker, or | |
(b) by a licensed water supplier in pursuance of its licence. | |
(3) The Secretary of State may by regulations specify further | |
circumstances in which subsection (1) above shall not apply. | 30 |
(4) A person who contravenes subsection (1) above shall be guilty of an | |
offence. | |
(5) Any undertaking entered into which involves a contravention of | |
subsection (1) above shall be unenforceable. | |
(6) A person guilty of an offence under this section shall be liable— | 35 |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum, and | |
(b) on conviction on indictment, to a fine. | |
(7) No proceedings for an offence under this section shall be instituted | |
except by— | 40 |
(a) the Secretary of State, or | |
(b) the Authority. | |
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(8) The functions of— | |
(a) making regulations under subsection (3) above; and | |
(b) instituting proceedings under subsection (7)(a) above, | |
are exercisable by the Assembly (and not by the Secretary of State) in | |
relation to any supply system of a water undertaker whose area is | 5 |
wholly or mainly in Wales. | |
(9) In this section and sections 66J and 66L below, references to the | |
supply system of a water undertaker shall be construed in | |
accordance with section 17B(5) above. | |
66J Prohibition on unauthorised introduction of water | 10 |
(1) Subject to subsections (2) and (3) and section 66K below, no person | |
shall introduce water into a water undertaker’s supply system (other | |
than the undertaker itself). | |
(2) Subsection (1) above shall not apply where the water is introduced— | |
(a) by a licensed water supplier in pursuance of its licence, or | 15 |
(b) by another water undertaker under an agreement for a | |
supply of water in bulk. | |
(3) The Secretary of State may by regulations specify further | |
circumstances in which subsection (1) above shall not apply. | |
(4) A person who contravenes subsection (1) above shall be guilty of an | 20 |
offence. | |
(5) Any undertaking entered into which involves a contravention of | |
subsection (1) above shall be unenforceable. | |
(6) A person guilty of an offence under this section shall be liable— | |
(a) on summary conviction, to a fine not exceeding £20,000, and | 25 |
(b) on conviction on indictment, to a fine. | |
(7) For the purposes of section 210 below, the penalty on conviction on | |
indictment of an offence under this section shall be deemed to | |
include imprisonment (in addition to or instead of a fine) for a term | |
not exceeding two years. | 30 |
(8) No proceedings for an offence under this section shall be instituted | |
except by— | |
(a) the Secretary of State; or | |
(b) the Authority. | |
(9) The functions of— | 35 |
(a) making regulations under subsection (3) above; and | |
(b) instituting proceedings under subsection (8)(a) above, | |
are exercisable by the Assembly (and not by the Secretary of State) in | |
relation to any supply system of a water undertaker whose area is | |
wholly or mainly in Wales. | 40 |
66K Sections 66I and 66J: exemptions | |
(1) The Secretary of State may by order made by statutory instrument | |
grant exemption from section 66I(1) or 66J(1) above to— | |
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(a) a person or persons of a class; | |
(b) generally or to such extent as may be specified in the order; | |
and | |
(c) unconditionally or subject to such conditions as may be so | |
specified. | 5 |
(2) Before making an order under subsection (1) above the Secretary of | |
State shall give notice— | |
(a) stating that he proposes to make such an order and setting | |
out the terms of the proposed order; | |
(b) stating the reasons why he proposes to make the order in the | 10 |
terms proposed; 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 proposals | |
may be made, | 15 |
and shall consider any representations or objections which are duly | |
made and not withdrawn. | |
(3) The notice required by subsection (2) above shall be given— | |
(a) by serving a copy of it on the Authority; and | |
(b) by publishing it in such manner as the Secretary of State | 20 |
considers appropriate for bringing it to the attention of those | |
likely to be affected by the proposed order. | |
(4) Notice of an exemption granted to a person shall be given— | |
(a) by serving a copy of the exemption on him; and | |
(b) by publishing the exemption in such manner as the Secretary | 25 |
of State considers appropriate for bringing it to the attention | |
of other persons who may be affected by it. | |
(5) Notice of an exemption granted to persons of a class shall be given | |
by publishing the exemption in such manner as the Secretary of State | |
considers appropriate for bringing it to the attention of— | 30 |
(a) persons of that class; and | |
(b) other persons who may be affected by it. | |
(6) An exemption may be granted— | |
(a) indefinitely; or | |
(b) for a period specified in, or determined by or under, the | 35 |
exemption. | |
(7) Conditions included in an exemption by virtue of subsection (1)(c) | |
above may, in particular, require any person carrying on any activity | |
in pursuance of the exemption— | |
(a) to comply with any direction given by the Secretary of State | 40 |
or the Authority as to such matters as are specified in the | |
exemption or are of a description so specified; | |
(b) except in so far as the Secretary of State or the Authority | |
consents to his doing or not doing them, not to do or to do | |
such things as are specified in the exemption or are of a | 45 |
description so specified; and | |
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(c) to refer for determination by the Secretary of State or the | |
Authority such questions arising under the exemption as are | |
specified in the exemption or are of a description so specified. | |
66L Section 66K: supplementary | |
(1) The Secretary of State may by order made by statutory instrument | 5 |
revoke an order by which an exemption was granted to a person | |
under section 66K(1) above or vary an order by which more than one | |
exemption was so granted so as to terminate any of the exemptions— | |
(a) at the person’s request; | |
(b) in accordance with any provision of the order by which the | 10 |
exemption was granted; or | |
(c) if it appears to the Secretary of State inappropriate that the | |
exemption should continue to have effect. | |
(2) The Secretary of State may by order made by statutory instrument | |
revoke an order by which an exemption was granted to persons of a | 15 |
class under section 66K(1) above or vary an order by which more | |
than one exemption was so granted so as to terminate any of the | |
exemptions— | |
(a) in accordance with any provision of the order by which the | |
exemption was granted; or | 20 |
(b) if it appears to the Secretary of State inappropriate that the | |
exemption should continue to have effect. | |
(3) The Secretary of State may by direction withdraw an exemption | |
granted to persons of a class under section 66K(1) above from any | |
person of that class— | 25 |
(a) at the person’s request; | |
(b) in accordance with any provision of the order by which the | |
exemption was granted; or | |
(c) if it appears to the Secretary of State inappropriate that the | |
exemption should continue to have effect in the case of the | 30 |
person. | |
(4) Before making an order under subsection (1)(b) or (c) or (2) above or | |
giving a direction under subsection (3)(b) or (c) above, the Secretary | |
of State shall— | |
(a) consult the Authority; and | 35 |
(b) give notice— | |
(i) stating that he proposes to make such an order or give | |
such a direction; | |
(ii) stating the reasons why he proposes to make such an | |
order or give such a direction; and | 40 |
(iii) 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 proposals may be made, | |
and shall consider any representations or objections which | 45 |
are duly made and not withdrawn. | |
(5) The notice under subsection (4) above shall be given— | |
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(a) where the Secretary of State is proposing to make an order | |
under subsection (1)(b) or (c) above, by serving a copy of it on | |
the person to whom the exemption was granted; | |
(b) where he is proposing to make an order under subsection (2) | |
above, by publishing it in such manner as the Secretary of | 5 |
State considers appropriate for bringing it to the attention of | |
persons of the class of persons to whom the exemption was | |
granted; and | |
(c) where he is proposing to give a direction under subsection | |
(3)(b) or (c) above, by serving a copy of it on the person from | 10 |
whom he proposes to withdraw the exemption. | |
(6) A statutory instrument containing an order under subsection (1) or | |
(2) above or subsection (1) of section 66K above shall be subject to | |
annulment in pursuance of a resolution of either House of | |
Parliament. | 15 |
(7) The power to— | |
(a) make an order under subsection (1) or (2) above or subsection | |
(1) of section 66K above; or | |
(b) give a direction under subsection (3) above, | |
is exercisable by the Assembly (and not by the Secretary of State) in | 20 |
relation to any supply system of a water undertaker whose area is | |
wholly or mainly in Wales. | |
(8) Accordingly, subsections (1) to (5) above and section 66K above | |
apply in relation to an order made or a direction given by the | |
Assembly by virtue of subsection (7) above as they apply in relation | 25 |
to an order made or direction given by the Secretary of State.” | |
4 (1) The Water Services Regulation Authority (“the Authority”) may, in | |
accordance with this paragraph, modify the conditions of appointment of a | |
company appointed under Chapter 1 of Part 2 of the WIA to be a water | |
undertaker where it considers it necessary or expedient to do so in | 30 |
consequence of the amendments to the WIA made by this Schedule and | |
Schedule 8. | |
(2) Where the Authority modifies under sub-paragraph (1) any conditions of | |
appointment it may make such incidental or consequential modifications as | |
it considers necessary or expedient of other conditions of the appointment. | 35 |
(3) Before making any modifications under sub-paragraph (1) or (2), the | |
Authority shall consult— | |
(a) the company holding the appointment; and | |
(b) such other persons (if any) as the Authority thinks it appropriate to | |
consult. | 40 |
(4) The powers of the Authority under sub-paragraphs (1) and (2) may not be | |
exercised after the end of the period of two years beginning with the first day | |
on which all of the provisions of this Schedule and Schedule 8 are in force. | |
(5) The Secretary of State may give directions to the Authority for the purpose | |
of securing that conditions of appointment are modified in consequence of | 45 |
the amendments to the WIA made by this Schedule and Schedule 8; and the | |
Authority shall comply with any such direction. | |
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