The Water Industry (Special Administration) Regulations 2024

Court order ending special administration

26.  Paragraph 79(1) has effect as if—

(a) for sub-paragraph (1) there were substituted—

“(1) (a) The special administrator of a company may apply to the court for the appointment of a special administrator of the company to cease to have effect from a specified time.

(b) The special administrator may only make an application under paragraph (a) on the ground that the purposes of the special administration have been achieved.

(c) The special administrator must obtain the consent of the relevant authority before making an application under paragraph (a).

(d) In a case where—

(i) the company in special administration is a qualifying water supply licensee whose licence gives it a supplementary authorisation, and

(ii) the relevant authority is the Secretary of State,

the Secretary of State must consult the Welsh Ministers before giving consent under paragraph (c).

(1A) (a) The relevant authority or the Water Services Regulation Authority may apply to the court for the appointment of a special administrator to cease to have effect from a specified time.

(b) An application may only be made under paragraph (a) on the ground that there is no longer a need to pursue the purposes of the special administration.

(c) The Water Services Regulation Authority must obtain the consent of the relevant authority before making an application under paragraph (a).

(d) In a case where the company in special administration is a qualifying water supply licensee whose licence gives it a supplementary authorisation, the Secretary of State or the Water Services Regulation Authority (as the case may be) must consult the Welsh Ministers before making an application under paragraph (a).”; and

(b) sub-paragraphs (2) and (3) were omitted.

(1)

Paragraph 79 was amended by: the Small Business, Enterprise and Employment Act 2015 (c. 26), section 164(1) and Schedule 9, paragraphs 1, 10(1) and (29); S.I. 2015/1329, regulation 3(d); S.I. 2016/1020, regulation 4(e); and, S.I. 2019/816, regulation 4(c).