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

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

CHAPTER 1Identifying a new provider where a customer has switched provider

Introduction

46. This Chapter applies where a sewerage undertaker has withdrawn from the non-household retail market and, on or after the exit date, a transferred customer has—

(a)arranged for the acquiring licensee to continue to provide sewerage services to the customer’s transferred premises on terms and conditions other than those provided for by a scheme under regulation 29, or

(b)arranged for a sewerage licensee other than the acquiring licensee to provide sewerage services to the customer’s transferred premises.

Customer’s right to apply for appointment of alternative sewerage licensee

47. The transferred customer may apply to the WSRA for an alternative sewerage licensee to be appointed.

The WSRA’s duty to direct an alternative sewerage licensee to provide sewerage services

48.—(1) On receiving an application under regulation 47 the WSRA must direct an eligible sewerage licensee to provide the sewerage services instead of the previous sewerage licensee.

(2) The direction must specify the time from which the new licensee is to provide the sewerage services.

Duties of sewerage licensee directed to provide sewerage services to premises

49.—(1) A sewerage licensee directed under regulation 48 to provide sewerage services to premises must notify the previous sewerage licensee.

(2) The terms and conditions in accordance with which the services are to be provided are—

(a)those provided for by a scheme under regulation 29, or

(b)such other terms and conditions as may be agreed between the licensee and the customer.

(3) The services are to be provided until they are discontinued in accordance with the terms and conditions mentioned in paragraph (2).

Saving for customer liability

50. Nothing in regulations 47 to 49 affects any liability of the transferred customer for breach of contract or otherwise as a result of terminating arrangements for the provision of sewerage services by the previous sewerage licensee.