The Water and Sewerage Services Licences (Cross-Border Applications) (Scotland) Order 2016

Applications forwarded by the Water Services Regulation Authority

2.—(1) If the conditions in paragraph (2) are satisfied, the Commission must treat—

(a) an application under section 17F of the 1991 Act for the grant of a water supply licence giving a retail authorisation or a restricted retail authorisation as being also an application under paragraph 1 of schedule 2 to the 2005 Act for the grant of a water services licence; and

(b) an application under section 17F of the 1991 Act for the grant of a sewerage licence giving a retail authorisation as being also an application under paragraph 1 of schedule 2 to the 2005 Act for the grant of a sewerage services licence.

(2) The conditions are that—

(a) the applicant has requested that the Authority forwards a copy of the 1991 Act application to the Commission under section 17FB of the 1991 Act(1) (applications forwarded to the Water Industry Commission for Scotland);

(b) the Authority has so forwarded a copy of the 1991 Act application to the Commission and the Commission has received that copy;

(c) the Commission is satisfied that the forwarded 1991 Act application includes, or is accompanied by, sufficient information to enable the Commission to treat it as an application under paragraph 1 of schedule 2 to the 2005 Act; and

(d) the forwarded 1991 Act application is accompanied by a fee of the amount (if any) payable in relation to an application for a water services licence or sewerage services licence or both, as the case may be, under a fees scheme approved by the Scottish Ministers under section 9(7) of the 2005 Act(2) (fees relating to licences), subject to paragraph (3).

(3) The condition in paragraph (2)(d) does not apply where the Commission has agreed that the fee may be paid by an alternative arrangement.

(1)

Section 17FB is prospectively inserted by section 6 of the 2014 Act.

(2)

The Water Industry Commission for Scotland’s Fees Scheme sets out fees payable in relation to water services and sewerage services licence applications and is made in accordance with section 9 of the 2005 Act. The latest fee scheme was approved by Scottish Ministers on 27th July 2007 and can be found at: http://www.watercommission.co.uk/UserFiles/Documents/Approved%20fees%20schemev1.pdf.