The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 No. 744

PART 6 Identifying a provider of sewerage services in a retail exit area

CHAPTER 4 Supplementary

Guidance about directions and list of eligible sewerage licensees

59.—(1) The WSRA must from time to time publish guidance about—

(a) the exercise of its powers to give directions under regulations 48 and 56, and

(b) the maintenance of the list of sewerage licensees under regulation 58.

(2) The guidance may, in particular, make provision about—

(a) the criteria used by the WSRA to determine which eligible sewerage licensee to direct under regulation 48 or 56;

(b) the inclusion of sewerage licensees in a list of eligible sewerage licensees under regulation 58 and their removal.

Terms and conditions applying to performance of duties under Chapter 2

60.—(1) The WSRA must by order specify the terms and conditions that, in the absence of express agreement by a sewerage undertaker and sewerage licensee, are to apply in relation to the performance by the sewerage undertaker of any duties under section 117A or 117B of the 1991 Act that arise by virtue of a request that is treated as having been made by Chapter 2 of this Part.

(2) An order under this regulation—

(a) may make any provision that may be made by order under section 117E(1) of the 1991 Act(1),

(b) is subject to the same constraints as an order under section 117E(1) (ignoring section 117E(1) itself and section 117E(2)), and

(c) is to be treated for all other purposes as being an order under section 117E(1).

Amendment or revocation of local statutory provisions

61.—(1) On the request of a relevant undertaker that has made an exit application, and with the agreement of the acquiring licensee or licensees, the Secretary of State may, by regulations made by statutory instrument, amend or repeal any local statutory provision that imposes duties on the relevant undertaker relating to the supply of retail services.

(2) Regulations made under this regulation may—

(a) make provision applying generally in relation to local statutory provisions of a description specified in the regulations;

(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

(c) contain such incidental, supplementary, consequential, transitional or transitory provision as the Secretary of State considers appropriate.

(3) A statutory instrument containing regulations made under this regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

(1)

Section 117E is prospectively inserted by Schedule 4 to the Water Act 2014 from a date to be appointed.