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The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016
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Approval and modification by the WSRA
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3.—(1) The WSRA may modify a transfer scheme before approving it.
(2) After a transfer scheme has taken effect—
(a)the WSRA may modify the scheme by notice to the relevant undertaker and each acquiring licensee, and
(b)the scheme as modified is to be treated for all purposes as having come into force at the time specified under paragraph 2(2).
(3) The WSRA may make incidental, supplementary, consequential, transitional or transitory provision in connection with giving effect to modifications under sub-paragraph (2).
(4) The WSRA may modify a scheme under this paragraph only if the relevant undertaker and each acquiring licensee consent.
(5) The WSRA may require the relevant undertaker or an acquiring licensee to provide information or other assistance for the purposes of enabling it to decide whether to approve or modify a transfer scheme.
(6) The WSRA may refuse to approve a transfer scheme if the relevant undertaker or an acquiring licensee has failed to comply with a requirement imposed under sub-paragraph (5).
(7) A requirement imposed under sub-paragraph (5) for the purposes of enabling the WSRA to decide whether to modify a transfer scheme is enforceable under section 18 of the 1991 Act(1).
(1)
Section 18 was amended by sections 36(2) and 49(2) of, and paragraph 4 of Schedule 8 to, the Water Act 2003 (c.37). It is prospectively amended by paragraph 26 of Schedule 7 to the Water Act 2014 from a date to be appointed.
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