Water Act 2014

Yn ddilys o 01/01/2016

Section 4

SCHEDULE 3 E+W Sewerage licences: authorisations

“SCHEDULE 2B E+W SEWERAGE LICENCES: AUTHORISATIONS

Retail authorisation E+W

1 A retail authorisation given by a sewerage licence is an authorisation to the sewerage licensee to use the sewerage system of a sewerage undertaker for the purpose of enabling the licensee to provide sewerage services in respect of the premises of—

(a) the licensee,

(b) persons associated with the licensee, or

(c) the licensee's customers.

2 None of the premises served by a sewerage licensee under a retail authorisation may be household premises (as defined in section 17C).

3 The requirement in paragraph 2 is enforceable by the Authority under section 18.

4 The Authority may from time to time, with the approval of the Secretary of State, issue guidance as to the factors which are, or are not, to be taken into account in determining the extent of any premises for the purposes of paragraph 2.

Wholesale authorisation E+W

5 A wholesale authorisation given by a sewerage licence is an authorisation to the sewerage licensee to remove matter from the sewerage system of a sewerage undertaker where—

(a) the sewerage system is being used to enable a sewerage licensee (whether the licensee or another sewerage licensee) to provide sewerage services in respect of premises in accordance with a retail authorisation, and

(b) the removing of matter from the sewerage system is done in connection with sewerage services so provided.

Disposal authorisation E+W

6 A disposal authorisation given by a sewerage licence is an authorisation to the sewerage licensee to remove matter from the sewerage system of a sewerage undertaker.

7 If a sewerage licensee with a disposal authorisation has, or a person associated with the licensee has, a retail authorisation—

(a) the licensee or the person associated with it, or both of them, must obtain a wholesale authorisation, and

(b) neither the licensee nor the person associated with it (if that person has a disposal authorisation) may remove matter from a sewerage system in accordance with the disposal authorisation (or either disposal authorisation, if both have such an authorisation) while matter may be removed in accordance with the wholesale authorisation (or either wholesale authorisation, if both have such an authorisation).

Interpretation E+W

8 For the purposes of this Schedule, a person (A) is associated with a sewerage licensee (L) if—

(a) where A and L are bodies corporate, one of them is a subsidiary of the other or both are subsidiaries of the same body corporate;

(b) where A or L is an individual or an unincorporated association and the other is a body corporate, that individual or unincorporated association controls the other or a body corporate of which the other is a subsidiary;

(c) A is a partnership of which L is a member.

9 In paragraph 8 “subsidiary” has the meaning given by section 1159 of the Companies Act 2006; and sections 450(1) to (4) and 451(1) to (3) of the Corporation Taxes Act 2010 (control of a company) apply for the purposes of paragraph 8 as they apply for the purposes of Part 10 of that Act.”