Water Act 2003

9 (1) Section 24 (special administration orders made on special petitions) is amended as follows. E+W

(2) After subsection (1), there is inserted—

“(1A) If on an application made to the High Court by petition presented—

(a) by the Secretary of State (after consulting the Assembly); or

(b) with the consent of the Secretary of State (after consulting the Assembly), the Authority,

the Court is satisfied in relation to any company which is a qualifying licensed water supplier that any one or more of the grounds specified in subsection (2) below is satisfied in relation to that company, that Court may make a special administration order in relation to that company.”

(3) In subsection (2)—

(a) for “subsection (1)” there is substituted “ subsections (1) and (1A) ”,

(b) in paragraphs (a) and (b), after “appointment” there is inserted “ or licence ”,

(c) after paragraph (b) there is inserted—

“(bb) in the case of a company which is a qualifying licensed water supplier, that—

(i) action taken by the company has caused a contravention by a water undertaker of any principal duty; and

(ii) that action is serious enough to make it inappropriate for the company to continue to hold its licence;”,

(d) in paragraph (d), after “this Part” there is inserted “ or was not a qualifying licensed water supplier ”, and

(e) in paragraph (e), at the beginning there is inserted “ in the case of a company holding an appointment under Chapter 1 of this Part, ”.

(4) For subsection (7) there is substituted—

“(7) In this section “principal duty” means—

(a) in relation to a company holding an appointment under Chapter 1 of this Part, a requirement imposed on the company by section 37 or 94 below;

(b) in relation to a company which is a qualifying licensed water supplier, any condition of its licence or any statutory requirement imposed on it in consequence of its licence.”

Commencement Information

I1 Sch. 8 para. 9 in force at 1.12.2005 by S.I. 2005/2714, art. 3(c) (with Sch. para. 8)