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Water Bill [HL]


Water Bill [HL]
Schedule 8 — Minor and consequential amendments: licensing of water suppliers etc.

    198

 

                                ““licensed water supplier” shall be construed in accordance with

section 17B(9) above”.

  41      (1)      Schedule 2 (transitional provision on termination of appointments) is

amended as follows.

          (2)      In paragraph 1, in sub-paragraph (1), for “and (3)” there is substituted “to

5

(3A)”.

          (3)      In that paragraph, in paragraph (a) of sub-paragraph (3), after “company”

there is inserted “holding an appointment under Chapter 1 of this Part”.

          (4)      In that paragraph, after that sub-paragraph there is inserted—

          “(3A)                                   The third case in which this Schedule applies is where—

10

                      (a)                     the High Court has made a special administration order in

relation to any company which is a qualifying licensed

water supplier (“the transferor”); and

                      (b)                     it is proposed that on and after the relevant date another

company (“the transferee”) should carry on activities

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relating to the introduction of water mentioned in section

23(6)(b) of this Act which were carried on by the transferor

until that date.”

          (5)      In that paragraph, in sub-paragraph (4)—

              (a)             in paragraph (b) of the definition of “the relevant date”, after “sub-

20

paragraph (3)” there is inserted “or (3A)”, and

              (b)             there are inserted in the appropriate places—

                                      ““other relevant companies” means any companies, other than

the transferor and the transferee, which are likely on or at

a time after the relevant date to be holding appointments

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as water undertakers for any area in which, or in part of

which, the activities relating to the introduction of water

mentioned in section 23(6)(b) of this Act will be carried on

by the transferee;”

                                      ““transferor” and “transferee” shall be construed in accordance

30

with sub-paragraph (3A) above;”.

          (6)      In paragraph 2, after sub-paragraph (7) there is inserted—

          “(7A)                                   In a case specified in paragraph 1(3A) above—                  

                      (a)                     the preceding provisions of this paragraph shall have

effect as if—

35

                             (i)                            any reference to the existing appointee were a

reference to the transferor;

                             (ii)                           any reference to the new appointee were a

reference to the transferee; and

                             (iii)                          any reference to other appointees were a reference

40

to other relevant companies; and

                      (b)                     sub-paragraph (6) above shall have effect as if the reference

to functions were, in relation to a company which is a

licensed water supplier, a reference to activities authorised

by its licence and any statutory functions imposed on it in

45

consequence of its licence.”

          (7)      In paragraph 3, after sub-paragraph (6) there is inserted—

 

 

Water Bill [HL]
Schedule 8 — Minor and consequential amendments: licensing of water suppliers etc.

    199

 

          “(7)                                   In a case specified in paragraph 1(3A) above the preceding

provisions of this paragraph shall have effect as if—

                      (a)                     any reference to the existing appointee were a reference to

the transferor;

                      (b)                     any reference to the new appointee were a reference to the

5

transferee; and

                      (c)                     any reference to other appointees were a reference to other

relevant companies.”

          (8)      After paragraph 4 there is inserted—

“Exclusion of transfer of licence

10

          4A                  Where a scheme under this Schedule is made in the case specified

in paragraph 1(3A) above, the scheme may not provide for the

transfer to the transferee of the licence under Chapter 1A of Part 2

of this Act which is held by the transferor.”

          (9)      In paragraph 5, after sub-paragraph (2) there is inserted—

15

          “(3)                                   In a case specified in paragraph 1(3A) above—

                      (a)                     sub-paragraph (2) above shall have effect as if—

                             (i)                            any reference to the existing appointee were a

reference to the transferor;

                             (ii)                           any reference to the new appointee were a

20

reference to the transferee; and

                             (iii)                          any reference to any other appointee or appointees

were a reference to any other relevant company or

companies; and

                      (b)                     paragraph (g) of that sub-paragraph shall have effect as if

25

the reference to two or more such appointees as are

mentioned in paragraph (f) of that sub-paragraph were a

reference to two or more such persons as are mentioned in

that paragraph (as it has effect by virtue of paragraph (a)

above).”

30

          (10)     In paragraph 6, after sub-paragraph (8) there is inserted—

          “(9)                                   In a case specified in paragraph 1(3A) above, the preceding

provisions of this paragraph shall have effect as if—

                      (a)                     any reference to the existing appointee were a reference to

the transferor; and

35

                      (b)                     any reference to the new appointee were a reference to the

transferee.”

  42      (1)      Schedule 3 (special administration orders) is amended as follows.

          (2)      In paragraph 4—

              (a)             in paragraph (a), at the end there is inserted “or a licence under

40

Chapter 1A of that Part”, and

              (b)             in paragraph (b), at the end there is inserted “or licence”.

          (3)      In paragraph 10(2)—

              (a)             after “1991” there is inserted “or its licence under Chapter 1A of that

Part”; and

45

              (b)             after “that appointment” there is inserted “or licence”.

 

 

Water Bill [HL]
Schedule 9 — Repeals
Part 1 — Abstraction and impounding

    200

 

  43       In Schedule 7 to the Competition Act 1998 (c. 41), in paragraph 19A(9), in the

definition of “special reference group”, in paragraph (g), for “or 14” there is

substituted “, 14 or 17K”.

  44      (1)      The Enterprise Act 2002 (c 40) is amended as follows.

          (2)      In section 168 (regulated markets)—

5

              (a)             after subsection (3)(f) there is inserted—

                           “(ff)                             modifying the conditions of a licence granted under

Chapter 1A of Part 2 of the Act of 1991 or modifying

the terms and conditions of an agreement under

section 66D of that Act;”; and

10

              (b)             after subsection (4)(f) there is inserted—

                           “(ff)                             in relation to a licence granted under Chapter 1A of

Part 2 of the Act of 1991 or an agreement under

section 66D of that Act, the duties of the Authority

under section 2 of that Act or under that section and

15

section 66D of that Act (as the case may be);”.

          (3)      In section 249 (special administration regimes), in subsection (1), after

paragraph (a) there is inserted—

                    “(aa)                      a company holding a licence under Chapter 1A of that Part

(licensing of water suppliers),”.

20

Schedule 9

Section 93(2)

 

Repeals

Part 1

Abstraction and impounding

 

Short title and chapter

Extent of repeal

 

25

 

Water Resources Act 1991

In section 25(2), the words “, in circumstances

 
 

(c. 57)

not constituting such a contravention,”.

 
   

Section 28.

 
   

Section 29(3).

 
   

Sections 30 and 31.

 

30

   

Section 33.

 
   

Section 36.

 
   

Section 39(3).

 
   

In section 47, in subsection (1), the words “to

 
   

abstract water”; and subsection (3).

 

35

   

Sections 49 and 50.

 
   

Section 52(8).

 
   

Section 223.

 
 

 

Water Bill [HL]
Schedule 9 — Repeals
Part 3 — Miscellaneous and supplementary

    201

 

Part 2

New regulatory arrangements, etc

 

Short title and chapter

Extent of repeal

 
 

Water Industry Act 1991 (c. 56)

Section 1.

 
   

Section 12(3)(b)(i), (4) and (5).

 

5

   

Section 14(8) and (8A).

 
   

Section 28.

 
   

Section 30.

 
   

Section 38A(4) and (5).

 
   

In section 39, in each of subsections (1)(b) and

 

10

   

(3)(b), the word “and” at the end of sub-

 
   

paragraph (i).

 
   

Section 95A(4) and (5).

 
   

In section 96, in each of subsections (1)(b) and

 
   

(3)(b), the word “and” at the end of sub-

 

15

   

paragraph (i).

 
   

Sections 193 and 194.

 
   

In section 195(2), the word “and” at the end of

 
   

paragraph (d).

 
   

Schedule 1.

 

20

   

Schedule 4.

 
 

Utilities Act 2000 (c. 27)

In section 104(1), the word “or” at the end of

 
   

paragraph (a).

 

Part 3

Miscellaneous and supplementary

25

 

Short title and Chapter

Extent of repeal

 
 

Parliamentary Commissioner

In Schedule 2, the entry relating to the Office of

 
 

Act 1967 (c. 13)

the Director General of Water Services.

 
 

Reservoirs Act 1975 (c. 23)

In section 22(1), the word “or” at the end of

 
   

paragraph (a).

 

30

 

House of Commons

In Schedule 1, in Part 3, the entry relating to the

 
 

Disqualification Act 1975

Chairman of a customer service committee

 
 

(c. 24)

maintained under section 28 of the Water

 
   

Industry Act 1991, and the entry relating to

 
   

the Director General of Water Services.

 

35

 

Northern Ireland Assembly

In Schedule 1, in Part 3, the entry relating to the

 
 

Disqualification Act 1975

Chairman of a customer service committee

 
 

(c. 25)

maintained under section 28 of the Water

 
   

Industry Act 1991, and the entry relating to

 
   

the Director General of Water Services.

 

40

 

Water Act 1989 (c. 15)

Section 185(2)(a).

 
 

Environmental Protection Act

Section 78A(5)(c).

 
 

1990 (c. 43)

   
 

Water Industry Act 1991

In section 44(5), the words “for any locality”.

 
 

 

Water Bill [HL]
Schedule 9 — Repeals
Part 3 — Miscellaneous and supplementary

    202

 
 

Short title and Chapter

Extent of repeal

 
 

Water Industry Act 1991—cont.

In section 69, in subsection (2)(d), the words “by

 
   

that undertaker”; and in subsection (5), the

 
   

words “require a water undertaker”, and the

 
   

word “and” at the end of paragraph (a).

 

5

   

In section 86(1), the words “as technical

 
   

assessors”.

 
   

In section 98(5), the words “in a particular

 
   

locality”.

 
   

In section 101A(2), in paragraph (a), the words

 

10

   

from “each of which” to the end of the

 
   

paragraph; and in paragraph (c), the words

 
   

“in respect of which the condition specified in

 
   

paragraph (a) above is satisfied”.

 
   

In section 102(1)(a), the word “or” at the end of

 

15

   

paragraph (a).

 
   

In section 103(1)(a), the word “or” at the end of

 
   

paragraph (a).

 
   

Section 104(6).

 
   

Section 138(5).

 

20

   

In section 219(1), the definition of “the Director”.

 
 

Water Resources Act 1991

Section 66(2)(a).

 
 

(c. 57)

In section 71(4), “33”.

 
   

Section 77(4).

 
   

Section 79A(8).

 

25

   

Section 125(2).

 
   

Sections 147 to 149.

 
   

In section 221(1), in paragraph (a)(ii) of the

 
   

definition of “flood defence provisions”, the

 
   

words “147 to 149,”.

 

30

   

In Schedule 6, in paragraph 1(1), the words “(an

 
   

exemption order)”; paragraph 3(5); and the

 
   

word “exemption” wherever else it occurs.

 
   

In Schedule 10, in paragraph 11, in each of sub-

 
   

paragraphs (2) and (3), the words “, subject to

 

35

   

sub-paragraph (4) below,”; sub-paragraph

 
   

(4); and in sub-paragraph (9), the words “(6)

 
   

or”.

 
 

Competition and Service

Section 50.

 
 

(Utilities) Act 1992 (c. 43)

   

40

 

Environment Act 1995 (c. 25)

In Schedule 4, in paragraph 1(1), the word “or”

 
   

at the end of paragraph (a); and in paragraph

 
   

1(5), the “and” at the end of paragraph (b).

 
 

Competition Act 1998 (c. 41)

In Schedule 7, paragraph 2(1)(d)(i).

 
 

 

 

 
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