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Water Bill [HL]


Water Bill [HL]
Schedule 4 — Licensing of water suppliers

    135

 

relation to premises supplied with water using the supply system of

a water undertaker whose area is wholly or mainly in Wales.

              (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

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Secretary of State under subsection (8) above.

       17E Determinations by the Authority

              (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

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would be in accordance with the retail authorisation given to the

supplier in the licence.

              (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

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section 17A(3) above;

                    (b)                   whether the premises to be supplied are household premises

(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

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section 17D above),

                              and also include any other matter the determination of which is

relevant to those matters.

       17F            Procedure for granting water supply licences

              (1)             An application for—

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                    (a)                   a water supply licence;

                    (b)                   the variation of a retail licence so that it gives also the

supplementary authorisation; or

                    (c)                   the variation of a combined licence so that it gives only the

retail authorisation,

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                              shall be made in such form and manner, and shall contain, or be

accompanied by, such information and documents and such fee (if

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

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application containing such particulars as may be prescribed.

              (3)             The particulars which may be prescribed by virtue of subsection (2)

above include the time within which, and the address at which,

representations or objections with respect to the application may be

made.

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              (4)             If the Secretary of State or the Authority proposes to refuse the

application, he or it shall give to the applicant a notice—

                    (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

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Water Bill [HL]
Schedule 4 — Licensing of water suppliers

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                    (c)                   specifying the time within which representations or

objections with respect to the proposed refusal may be made,

                              and shall consider any representations or objections which are duly

made and not withdrawn.

              (5)             The Secretary of State may make provision by regulations

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disapplying subsections (2) to (4) 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

accordance with any condition contained in it, shall continue in force

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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

the licence or licence as varied—

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                    (a)                   on the licence holder;

                    (b)                   on the Assembly;

                    (c)                   on the Chief Inspector of Drinking Water;

                    (d)                   on the Environment Agency;

                    (e)                   on each relevant undertaker;

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                    (f)                   on each licensed water supplier (other than the holder of the

licence in question);

                    (g)                   if the licence or variation is granted by the Secretary of Sta                      te,

on the Authority;

                    (h)                   if the licence or variation is granted by the Authority, on the

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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.

Licence conditions

       17G            Water supply licence conditions

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              (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

having regard to the duties imposed on him or it by Part 1 of

this Act;

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                    (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

amount or amounts as may be determined by or under the

conditions.

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              (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

undertaker’s supply system.

              (3)             Conditions included in a water supply licence may—

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Water Bill [HL]
Schedule 4 — Licensing of water suppliers

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                    (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;

                    (b)                   require the holder of the licence to do or not to do specified

things or things which are of a specified description, except

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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

relevant person of specified questions, or questions which are

of a specified description, which arise under or in connection

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with the licence.

              (4)             For the purposes of subsection (3) above—

                    (a)                   the following are relevant persons—

                           (i)                          the Secretary of State;

                           (ii)                         the Authority;

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                           (iii)                        the Assembly;

                           (iv)                         the Environment Agency; and

                    (b)                   “specified” means specified in the licence in question.

              (5)             Conditions included in a water supply licence may contain provision

for the conditions to have effect, cease to have effect or be modified

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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

have effect in addition to the provision made by this Chapter with

respect to the modification of the conditions of a licence.

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              (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

              (1)             Such conditions as may be—

                    (a)                   determined by the Secretary of State (after consulting the

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Assembly); and

                    (b)                   published by him in such manner as he considers

appropriate,

                              shall be standard conditions of water supply licences granted by the

Secretary of State or the Authority.

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              (2)             The standard conditions which may be determined may be different

for—

                    (a)                   retail licences; and

                    (b)                   combined licences,

                              and standard conditions relating to the retail authorisation may be

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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

licences and combined licences may be exercised only before the

grant of (respectively) the first retail licence and the first combined

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Water Bill [HL]
Schedule 4 — Licensing of water suppliers

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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

either description may contain provision—

                    (a)                   for any standard condition included in a licence of that

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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

licence to be suspended in such manner, and in such

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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

be so specified or determined.

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              (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).

              (6)             Subject to the following provisions of this section, the Secretary of

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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

modifications under subsection (6) above, the Secretary of State or

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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

conditions or make the modifications; and

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                    (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,

                              and shall consider any representations or objections which are duly

35

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

appropriate for the purpose of bringing the notice to the

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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;

                           (ii)                         on the Chief Inspector of Drinking Water;

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                           (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.

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

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              (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.

              (10)            The Secretary of State or the Authority shall not exclude any

5

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

competing with other holders of water supply licences; and

10

                    (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

condition shall not prevent any other part of the condition from

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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

              (1)             Subject to the following provisions of this section, the Authority may

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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

opinion that the modifications—

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                    (a)                   are requisite to meet the circumstances of the particular case;

and

                    (b)                   are such that—

                           (i)                          the licence holder would not be unduly

disadvantaged in competing with other holders of

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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

licence being modified).

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              (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;

                    (b)                   stating the reasons why it proposes to make the

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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

modifications may be made,

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                              and shall consider any representations or objections which are duly

made and not withdrawn.

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

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              (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

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

of the modifications; and

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                    (b)                   by serving a copy of the notice on—

                           (i)                          the licence holder;

                           (ii)                         the Secretary of State;

                           (iii)                        the Assembly; and

                           (iv)                         the Chief Inspector of Drinking Water.

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              (5)             If, within the period 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.

              (6)             The modification under this section of part of a standard condition of

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a licence shall not prevent any other part of the condition from

continuing to be regarded as a standard condition for the purposes

of this Chapter.

       17J            Modification of standard conditions of water supply licences

              (1)             Subject to the following provisions of this section, the Authority may

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modify the standard conditions of retail licences or combined

licences.

              (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

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considers necessary or expedient of any conditions of any licence of

that description.

              (3)             Before making any modifications under this section, the Authority

shall give notice—

                    (a)                   stating that it proposes to make the modifications and setting

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out their effect;

                    (b)                   stating the reasons why it proposes to 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

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representations or objections with respect to the proposed

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—

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                    (a)                   by publishing the notice in such manner as the Authority

considers appropriate for the purpose of bringing the notice

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—

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                           (i)                          each relevant licence holder;

                           (ii)                         the Secretary of State;

 

 

Water Bill [HL]
Schedule 4 — Licensing of water suppliers

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                           (iii)                        the Assembly; and

                           (iv)                         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

5

with the direction.

              (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

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relevant licence holder to the Authority within the time

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

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relevant licence holders who have given notice of

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

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than such percentage as may be so specified; or

                    (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 in such

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manner as may be specified in an order under 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;

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                    (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.

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              (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.

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              (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

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licences or combined licences, the Authority shall—

 

 

 
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