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Water Bill [HL]


Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    65

 

           (11)          Any requirement imposed by this section shall be treated as a statutory

requirement enforceable under section 18 above by the Authority.”

Miscellaneous

 50    Reasons for decisions

After section 195 of the WIA there is inserted—

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       “195A                         Reasons for decisions

           (1)           This section applies to the following decisions of the Authority, the

Secretary of State or the Assembly, namely—

                  (a)                 the modification of the conditions of an appointment under

Chapter 1 of Part 2 of this Act or the variation of the area to

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which an appointment relates;

                  (b)                 the modification of the conditions of a licence under Chapter 1A

of that Part;

                  (c)                 the termination of such an appointment or the revocation of

such a licence;

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                  (d)                 the giving of any directions or consent in pursuance of a

condition included in such an appointment by virtue of section

12(1) above or in such a licence by virtue of section 17G(3)(a) or

(b) above;

                  (e)                 the determination of a question referred in pursuance of a

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condition included in such an appointment by virtue of section

12(2) above or in such a licence by virtue of section 17G(3)(c)

above;

                  (f)                 the making of a determination under section 17E or 66D(1)

above; and

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                  (g)                 the making of a final enforcement order, the making or

confirmation of a provisional enforcement order or the

revocation of a final order or of a provisional order which has

been confirmed.

           (2)           As soon as reasonably practicable after making such a decision the

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Authority, the Secretary of State or the Assembly shall publish a notice

stating the reasons for the decision in such manner as it considers

appropriate for the purpose of bringing the matters to which the notice

relates to the attention of persons likely to be interested.

           (3)           A person publishing a notice under subsection (2) above shall serve a

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copy on the company holding the appointment or licence to which the

decision relates.

           (4)           A person preparing a notice under subsection (2) above shall have

regard to the need for excluding, so far as that is practicable, any matter

which relates to the affairs of a particular individual or body of persons

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(corporate or unincorporate), where he considers that publication of

that matter would or might seriously and prejudicially affect the

interests of that individual or body.

           (5)           This section does not apply in relation to a decision of the Authority

resulting in any provision which the Authority was directed under

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Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    66

 

           (5)           section 195(3) above not to enter in the register required to be kept

under that section.”

The Competition Commission

 51    Specialist members of the Competition Commission

     (1)    In section 104(1) of the Utilities Act 2000 (c. 27) (appointment of members of the

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Competition Commission)—

           (a)           the “or” at the end of paragraph (a) is omitted, and

           (b)           after paragraph (b) there is inserted “; or

                        (c)                           section 12, 14, 16A, 17K or 17P of the Water Industry Act

1991.”.

10

     (2)    The persons who are, immediately before the commencement of subsection (1),

members of the Competition Commission by virtue of appointments made

under section 14(8) of the WIA shall continue as members of the Commission

and their appointments shall be treated as having been made under section 104

of the Utilities Act 2000.

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     (3)    Section 14(8) and (8A) of the WIA (which are superseded by this section) shall

cease to have effect.

     (4)    The provision made by this section does not affect any group which has been

selected, before the commencement of subsection (1), to perform functions of

the Commission in relation to any reference under or by virtue of section 14 of

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the WIA.

 52    Determination references under section 12 of the WIA

     (1)    Section 12 of the WIA (determinations under conditions of appointment) is

amended as follows.

     (2)    After subsection (3) there is inserted—

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           “(3A)              Subsections (4) and (5) of section 14, and sections 14A and 14B, below

apply to references to the Competition Commission under this section

as they apply to references under section 14.

           (3B)              A report of the Competition Commission on a reference under this

section—

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                  (a)                 shall be made to the Authority; and

                  (b)                 shall include definite conclusions on the questions or other

matters comprised in the reference, together with such an

account of their reasons for those conclusions as, in the opinion

of the Competition Commission, is expedient for facilitating a

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proper understanding of those questions or other matters and

of their conclusions,

                                       and subsections (5) and (6) of section 15 below apply to such a report as

they apply to a report on a reference under section 14.”

     (3)    Subsections (3)(b)(i), (4) and (5) shall cease to have effect.

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Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    67

 

 53    Conditions of appointments under the WIA

     (1)    The WIA is amended as follows.

     (2)    In section 14(5) (modification references to the Competition Commission)—

           (a)           after “this section” there is inserted “or in carrying out functions under

section 16A below”,

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           (b)           after “the investigation” there is inserted “or the carrying out of those

functions”, and

           (c)           after “such investigation” there is inserted “or such functions”.

     (3)    In section 16 (modification of conditions of appointment following report of

Competition Commission), after subsection (4) there is inserted—

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           “(4A)              After considering any representations or objections made in response

to proposals set out in a notice under subsection (3) above, the

Authority shall give notice to the Competition Commission—

                  (a)                 setting out the modifications it proposes to make to remedy or

prevent the adverse effects specified in the report; and

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                  (b)                 stating the reasons for making the modifications.

           (4B)              The Authority shall include with the notice under subsection (4A)

above a copy of any representations or objections received in relation to

the notice under subsection (3) above.

           (4C)              If the period of four weeks from the date on which the notice under

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subsection (4A) above is given elapses without a direction under

section 16A(1)(a) below having been given to it, the Authority shall—

                  (a)                 make the modifications set out in the notice; or

                  (b)                 if a direction under section 16A(1)(b) below has been given,

make the modifications which are not specified in the

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direction.”

     (4)    After section 16 there is inserted—

       “16A            Commission’s power of veto following report

           (1)           The Competition Commission (in this section referred to as “the

Commission”) may, within the period of four weeks after the date on

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which it is given a notice under section 16(4A) above, direct the

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;

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                                       and the Authority shall comply with any such direction.

           (2)           The Secretary of State may, within the period of four weeks after the

date on which the Commission is given a notice under section 16(4A)

above and on the application of the Commission, direct that the period

for giving a direction under subsection (1) above (and, accordingly, the

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period mentioned in section 16(4C) 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 notice

under section 16(4A)(a) above as appear to the Commission not to be

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Water Bill [HL]
Part 2 — New regulatory arrangements, etc

    68

 

           (3)           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.

           (4)           If the Commission gives a direction under subsection (1) above, it—

                  (a)                 shall give notice setting out the modifications proposed by the

5

Authority, the terms of the direction and the reasons for giving

it; and

                  (b)                 shall itself make such modifications 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,

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the adverse effects specified in the report as effects

which could be remedied or prevented by

modifications;

                        (ii)                       if the direction was given under subsection (1)(b) above,

such of those adverse effects as are not remedied or

15

prevented by the modifications made by the Authority

under section 16(4C)(b) above.

           (5)           In exercising its power under subsection (4)(b) above, the Commission

shall have regard to the matters to which the Authority is required to

have regard when determining the conditions of a company’s

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appointment.

           (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

them out;

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                  (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

modifications may be made,

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                                       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

considers appropriate for the purpose of bringing it to the

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attention of persons likely to be affected by the making of the

modifications; and

                  (b)                 by serving a copy on the Authority and the company whose

conditions of appointment it is proposed should be modified.

           (8)           The Commission may not make any modification under this section

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which the Authority could not make under section 16 above.

           (9)           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.

           (10)          This section does not apply to the modification of the conditions of a

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company’s appointment following a report of the Commission made

before the commencement of section 53 of the Water Act 2003.

 

 

 
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