by the Secretary of State; or

with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director,

of requiring the company to perform any duty imposed by or under any enactment on an undertaker of the relevant description (that is to say, a water undertaker or, as the case may be, sewerage undertaker);

of authorising the company, for the purposes of, or in connection with, the carrying out of any of the functions of an undertaker of the relevant description, to exercise any power conferred by or under any enactment on an undertaker of that description;

of requiring enactments and subordinate legislation authorising or requiring anything to be done in relation to an undertaker of the relevant description to be construed as authorising or requiring that thing to be done in relation to that company; and

of requiring other references in any enactment or subordinate legislation to an undertaker of the relevant description, or to the area of that undertaker, to be construed, so far as necessary for the purposes of, or in connection with, the carrying out by that company of the functions of an undertaker of that description, as references to that company or, as the case may be, to that area.

a company holding an appointment under this Chapter as water undertaker; and

whether or not the same company in relation to the whole or any part of that area, a company holding an appointment as sewerage undertaker.

the Secretary of State; and

with the consent of or in accordance with a general authorisation given by the Secretary of StateF2the Authority,

that another company becomes the water undertaker or, as the case may be, sewerage undertaker for that area or part or for an area that includes that area or part; or

that two or more companies each become the water undertaker or, as the case may be, sewerage undertaker for one of a number of different areas that together constitute or include that area or part.

that company consents to the appointment or variation;

the appointment or variation relates only to parts of that area none of the premises in which is served by that F3company;

the appointment or variation relates only to parts of that area and the conditions mentioned in subsection (5) below are satisfied in relation to each of the premises in those parts which are served by that company; or

the appointment or variation is made in such circumstances as may be set out for the purposes of this paragraph in the conditions of that company’s appointment.

the person who is the customer in relation to the premises consents in writing to the appointment or variation.

serve notice of the application on the existing appointee F7the NRAand on every local authority whose area includes the whole or any part of the area to which the application relates; and

publish a copy of the notice in such manner as may be prescribed.

stating that he proposes to make the appointment or variation;

stating the reasons why he proposes to make the appointment or variation; and

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed appointment or variation may be made.

by publishing the notice in such manner as the Secretary of State or, as the case may be, F2the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the making of the proposed appointment or variation; and

by serving a copy of the notice on the existing appointee F7the NRAand on every local authority whose area includes the whole or any part of the area to which the proposed appointment or variation relates.

serve a copy of the appointment or variation on the existing appointee; and

serve notice of the making of the appointment or variation on F8the NRA and onevery local authority whose area includes the whole or any part of the area to which the appointment or variation relates,

in making an appointment or variation replacing a company as a relevant undertaker; and

where F2it makes such an appointment or variation, in determining what provision is to be made with respect to the fixing by the new appointee of any water or drainage charges,

charges in respect of any services provided in the course of the carrying out of the functions of a water undertaker or sewerage undertaker; or

amounts of any other description which such an undertaker is authorised by or under any enactment to require any person to pay.

sections 18 to 24 and Schedule 3;

sections 32 to 35;

section 155 and Schedule 9;

sections 156, 158 to 161 and 163 to 167 and Schedule 11;

sections 168 to 171, 173, 174, 178 to 180 and Schedule 12;

sections 181 to 183 and Schedule 13;

sections 184 to 188 and Schedule 14;

sections 189 to 192, 197 to 200, 202, 203, 206, 208, 209, 211, 212 and 217.

such conditions as appear to the Secretary of State or, as the case may be, F2the Authority to be requisite or expedient having regard to the duties imposed on F2him or it by Part I of this Act;

conditions for the purposes of section 7(4)(c) above; and

conditions requiring the rendering to the Secretary of State of a payment on the making of an appointment, or payments while such an appointment is in force, or both, of such amount or amounts as may be determined by or under the conditions.

require the appointed company to comply with any direction given by the Authority as to such matters as are specified in the appointment or are of a description so specified; and

require the appointed company, except in so far as F2the Authority consents to the company’s doing or not doing them, not to do or to do such things as are specified in the appointment or are of a description so specified.

the Secretary of State or F2the Authority; or

on a reference by F2the Authority, the Monopolies and Mergers Commission (in this Act referred to as “the Monopolies Commission”),

it shall be the duty of F2the Authority, on being required to do so by the company holding that appointment, to refer that question or matter to that Commission; and

stating that F2it proposes to make the modifications and setting out their effect;

stating the reasons why F2it proposes to make the modifications; and

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as F2the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

by serving a copy of the notice on the company and on the Secretary of State.

the modification is a modification of provision contained in the appointment for the purposes of section 7(4)(c) above;

the modification is a modification of a provision of the appointment which relates to the disposal of, or of interests or rights in or over, a company’s protected land and is stated in the appointment to be a provision which cannot be modified; or

it appears to the Secretary of State that the modification should be made, if at all, under section 16 below.

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the company’s appointment.

adding to the matters specified in the reference; or

excluding from the reference some or all of the matters so specified;

any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

any modifications of the conditions of any appointment mentioned in the reference or variation by which, in his opinion, those effects could be remedied or prevented.

serve a copy of the reference or variation on the company whose appointment is mentioned in the reference or variation; and

publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters;

publish that extension in such manner as F2it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

send a copy of what has been published by F2it under paragraph (a) above to the company whose appointment is mentioned in the reference.

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted; and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”;

for the words “published (or given)”, in both places where they appear, there were substituted “made”; and

the words “by this Part” were omitted.

shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as, in their opinion, is expedient for facilitating a proper understanding of those questions and of their conclusions;

where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of a company’s appointment under this Chapter, shall specify in the report modifications by which those effects could be remedied or prevented.

commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

shall, on receiving such a report, send a copy of it to the company to whose appointment under this Chapter the report relates and to the Secretary of State; and

shall, not less than fourteen days after that copy is received by the Secretary of State, publish another copy of that report in such manner as he considers appropriate for bringing the report to the attention of persons likely to be affected by it.

includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;

specifies effects adverse to the public interest which those matters have or may be expected to have;

includes conclusions to the effect that those effects could be remedied or prevented by modifications of the conditions of a company’s appointment under this Chapter; and

specifies modifications by which those effects could be remedied or prevented,

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

by serving a copy of the notice on the company whose appointment it is proposed to modify.

setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and

stating the reasons for making the modifications.

make the modifications set out in the notice; or

if a direction under section 16A(1)(b) below has been given, make the modifications which are not specified in the direction.

are contained in that appointment for the purposes of section 7(4)(c) above; or

being provisions relating to the disposal of, or of interests or rights in or over, a company’s protected land, are stated in the appointment to be provisions which cannot be modified.

not to make the modifications set out in that notice; or

not to make such of the modifications as may be specified in the direction;

shall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and

stating that it proposes to make the modifications and setting them out;

stating the reason why it proposes to make them;

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; and

by serving a copy on the Authority and the company whose conditions of appointment it is proposed should be modified.

commercial information whose disclosure the Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates; or

information relating to the private affairs of an individual whose disclosure the Commission thinks might significantly harm the individual’s interests.

section 109 (attendance of witnesses and production of documents etc);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted;

in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted the publication by the Commission of a notice under section 16A(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction has been given by the Commission under section 16A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

if earlier, the day on which a notice is published by the Commission under section 16A(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction is given by the Commission under section 16A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period.

are contained in that appointment for the purposes of section 7(4)(c) above; or

being provisions relating to the disposal of, or of interests or rights in or over, a company’s protected land, are stated in the appointment to be provisions which cannot be modified.

the Secretary of State; or

with the consent of or in accordance with a general authorisation given by the Secretary of State (after consulting the Assembly), the Authority,

the requirement that the premises are not household premises (as defined in section 17C below);

the threshold requirement (construed in accordance with section 17D below); and

the requirement that the premises are not being supplied with water by another company pursuant to a water supply licence,

the Secretary of State shall consult the Assembly; and

the Authority shall consult the Secretary of State and the Assembly.

it is a limited company; and

it is not a relevant undertaker.

any water mains and other pipes which it is the water undertaker’s duty to develop and maintain by virtue of section 37 below and which are used for the purpose of conveying water from the undertaker’s treatment works to the premises of customers; and

the circumstances in which a person is or is not to be treated as having his home in, or in part of, any premises for the purposes of this section; and

the factors which are, or are not, to be taken into account in determining the principal use of any premises for those purposes.

make provision as to the commencement of the annual periods by reference to which estimates are to be made.

shall include provision for the amendment made by the regulations not to apply in relation to any undertaking entered into before the date on which the regulations come into force; and

may include provision for that amendment not to apply in relation to any undertaking which is proposed, but not entered into, before that date.

the Authority; and

such other persons (if any) as the Secretary of State thinks it appropriate to consult.

the extent of the premises to be supplied for the purposes of section 17A(3) above;

whether the premises to be supplied are household premises (as defined in section 17C above); and

whether the threshold requirement is satisfied in relation to the premises to be supplied (construed in accordance with section 17D above),

a water supply licence;

the variation of a retail licence so that it gives also the supplementary authorisation; or

the variation of a combined licence so that it gives only the retail authorisation,

stating that he or it proposes to refuse the application;

stating the reasons why he or it proposes to refuse the application; and

specifying the time within which representations or objections with respect to the proposed refusal may be made,

on the licence holder;

on the Assembly;

on the Chief Inspector of Drinking Water;

on the Environment Agency;

on the Council;

on each relevant undertaker;

on each licensed water supplier (other than the holder of the licence in question);

if the licence or variation is granted by the Secretary of State, on the Authority;

if the licence or variation is granted by the Authority, on the Secretary of State.

such conditions as appear to the Secretary of State or, as the case may be, the Authority to be requisite or expedient having regard to the duties imposed on him or it by Part 1 of this Act;

conditions requiring the rendering to the Secretary of State of a payment on the grant of a water supply licence, or payments while such a licence is in force, or both, of such amount or amounts as may be determined by or under the conditions.

require the holder of the licence to comply with any direction given by a specified relevant person as to specified matters or matters which are of a specified description;

require the holder of the licence to do or not to do specified things or things which are of a specified description, except in so far as a specified relevant person consents to the holder’s not doing or doing them; and

provide for the reference to and determination by a specified relevant person of specified questions, or questions which are of a specified description, which arise under or in connection with the licence.

“specified” means specified in the licence in question.

determined by the Secretary of State (after consulting the Assembly); and

published by him in such manner as he considers appropriate,

retail licences; and

combined licences,

for any standard condition included in a licence of that description not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions;

for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; and

for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.

stating that he or it proposes to exclude the conditions or make the modifications and setting out the effect of so doing;

stating the reasons why he or it proposes to exclude the conditions or make the modifications; and

specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed exclusions or modifications may be made,

by publishing the notice in such manner as the Secretary of State or (as the case may be) the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the exclusions or modifications; and

the licence holder would not be unduly disadvantaged in competing with other holders of water supply licences; and

no other holder of a water supply licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence).

are requisite to meet the circumstances of the particular case; and

stating that it proposes to make the modifications and setting out their effect;

stating the reasons why it proposes to make the modifications; and

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

stating that it proposes to make the modifications and setting out their effect;

stating the reasons why it proposes to make the modifications; and

specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

no notice of objection to those modifications is given by any relevant licence holder to the Authority within the time specified in the notice under subsection (3) above;

subsection (8) below applies to the case.

the effect of the standard conditions is such as to impose a burden affecting relevant licence holders in the carrying on of activities to which the modifications relate;

the modifications would remove or reduce the burden without removing any necessary protection; and

the modifications are such that no holder of a water supply licence would be unduly disadvantaged in competing with other holders of such licences.

also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that description granted after that time; and

publish the modifications in such manner as it considers appropriate.

which is to be modified under the proposals by the inclusion of any new standard condition; or

which includes any standard conditions to which the proposals relate, other than standard conditions which are not in effect (by virtue of anything done under section 17H(4) above) at the time specified in the notice under subsection (3) above.

if so, whether the effects adverse to the public interest which those matters have, or may be expected to have, could be remedied or prevented by modifications of the conditions of the licence.

if so, whether the effects adverse to the public interest which those matters have, or may be expected to have, could be remedied or prevented by modifications of the standard conditions of licences of that description.

adding to the matters specified in the reference; or

excluding from the reference some of the matters so specified,

any effects adverse to the public interest which, in its opinion, the matters specified in the reference or variation have or may be expected to have; and

any modifications of the relevant conditions by which, in its opinion, those effects could be remedied or prevented.

publish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it; and

not to proceed with the reference; or

not to give effect to the variation,

any other assistance which the Commission may require, and which it is within the Authority’s power to give, in relation to any such matters,

publish that extension in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

send a copy of what has been published by it under paragraph (a) above to the holder of the licence or, as the case may be, the relevant licence holders.

section 109 (attendance of witnesses and production of documents etc);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted; and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted made;

for the words “published (or given)”, in both places where they appear, there were substituted made; and

the words “by this Part” were omitted.

shall include in the report definite conclusions on the questions comprised in the reference together with such an account of its reasons for those conclusions as in its opinion is expedient for facilitating a proper understanding of those questions and of its conclusions;

where it concludes that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

where it concludes that any adverse effects so specified could be remedied or prevented by modifications of the relevant conditions, shall specify in the report modifications by which those effects could be remedied or prevented.

commercial information whose disclosure the Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates; or

information relating to the private affairs of an individual whose disclosure the Commission thinks might significantly harm the individual’s interests.

not earlier than the relevant time, publish another copy of the report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.

fourteen days after the copy of the report in question is received by the Secretary of State and the Assembly, or

if copies are received by them on different days, fourteen days after the later day.

the public interest; or

the commercial interests of any person.

includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;

specifies effects adverse to the public interest which those matters have or may be expected to have;

includes conclusions to the effect that those effects could be remedied or prevented by modifications of the relevant conditions; and

specifies modifications by which those effects could be remedied or prevented,

stating that it proposes to make the modifications and setting out their effect;

stating the reasons why it proposes to make the modifications; and

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications;

by serving a copy of the notice on the holder of the licence in question or, as the case may be, the relevant licence holders; and

setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and

stating the reasons for making the modifications.

make the modifications set out in the notice; or

if a direction under section 17P(1)(b) below has been given, make the modifications which are not specified in the direction.

also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that description granted after that time; and

publish the modifications made for those purposes in such manner as it considers appropriate.

not to make the modifications set out in that notice; or

not to make such of the modifications as may be specified in the direction;

within the period of four weeks after the date on which the Commission is given a notice under section 17O(6) above; and

on the application of the Commission,

give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and

stating that it proposes to make the modifications and setting them out;

stating the reason why it proposes to make them;

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications;

make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that description granted after that time, and

publish the modifications made for those purposes in such manner as it considers appropriate.

commercial information whose disclosure the Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates; or

information relating to the private affairs of an individual whose disclosure the Commission thinks might significantly harm the individual’s interests.

section 109 (attendance of witnesses and production of documents etc);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted,

in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted the publication by the Commission of a notice under section 17P(8) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction has been given by the Commission under section 17P(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

if earlier, the day on which a notice is published by the Commission under section 17P(8) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction is given by the Commission under section 17P(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period.

the conditions of a particular retail licence or combined licence; or

the standard conditions of retail licences or combined licences,

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to activities authorised or regulated by a retail licence or combined licence.

shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that description granted after that time; and

may, after consultation with the Authority, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of licences of that description granted before that time.

that that company F32is likely to contravene any such condition or requirement ,

it appears to the Secretary of State or the Director as mentioned in paragraph (a) or (b) of subsection (1) F35or (1A) above; and

it appears to him that it is requisite that a provisional enforcement order be made,

shall require the company to which it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

may be revoked at any time by the enforcement authority who made it.

the Director shall be the enforcement authority in relation to the conditions of an appointment under Chapter I of this Part F40or of a licence under Chapter 1A of this Part ; and

the enforcement authority in relation to each of the statutory and other requirements enforceable under this section shall be the Secretary of State, the Director or either of them, according to whatever provision is made by the enactment or subordinate legislation by which the requirement is made so enforceable.

constitutes a contravention of a condition of an appointment under Chapter 1 of this Part or of a condition of a licence under Chapter 1A of this Part or of a statutory or other requirement enforceable under this section; or

causes or contributes to a contravention of any such condition or requirement,

that the contraventions were, or the apprehended contraventions are, of a trivial nature;

that the extent to which the company caused or contributed to, or was likely to cause or contribute to, a contravention was trivial;

that the company has given, and is complying with, an undertaking to take all such steps as it appears to him for the time being to be appropriate for the company to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or

that the duties imposed on him by Part I of this Act preclude the making or, as the case may be, the confirmation of the order.

by the Secretary of State; or

with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

serve notice that he is so satisfied on the company;

in a case where the Secretary of State is satisfied as mentioned in the said paragraph (b), serve a copy of the notice and of the undertaking given for the purposes of that paragraph on the Director.

stating that he proposes to make or confirm the order and setting out the effect of the order;

specifying the period (not being less than F51twenty-one days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

stating that he or it proposes to make or confirm the order and setting out the effect of the order;

specifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections to the proposed order or proposed confirmation may be made,

by publishing the notice in such manner as the Secretary of State or, as the case may be, the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the company to which the order relates and, where the notice is given by the Secretary of State, on the Director.

with the consent to the modifications of the company to which the order relates; or

after complying with the requirements of subsection (4) below.

serve on the company to which the order relates such notice as appears to him to be requisite of his proposal to make or confirm the order with modifications;

in that notice specify the period (not being less than F54twenty-one days from the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

consider any representations or objections which are duly made and not withdrawn.

serve a copy of the order on the company to which the order relates and, where this subsection applies in the case of an order made or confirmed by Secretary of State, on the Director; and

publish such a copy in such manner as he considers appropriate for the purpose of bringing the order to the attention of persons likely to be affected by it.

stating that he proposes to revoke the order and setting out its effect; and

specifying the period (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

by publishing the notice in such manner as the Secretary of State or, as the case may be, the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

by serving a copy of the notice on the company to which the order relates and, where the notice is given by the Secretary of State, on the Director.

that its making or confirmation was not within the powers of section 18 above; or

that any of the requirements of section 20 above have not been complied with in relation to it,

subsection (1) above applies by virtue of paragraph (a)(ii) or (b)(ii) of that subsection, or

subsection (2) above applies by virtue of paragraph (a)(ii) or (b)(ii) of that subsection,

stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;

setting out the condition, requirement or standard of performance in question;

specifying the acts or omissions which, in the opinion of the enforcement authority, constitute the contravention or failure in question and the other facts which, in the opinion of the enforcement authority, justify the imposition of a penalty and the amount of the penalty proposed; and

specifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,

setting out the proposed variation and the reasons for it; and

specifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,

stating that he or it has imposed a penalty on the company and its amount;

setting out the condition, requirement or standard of performance in question;

specifying the acts or omissions which, in the opinion of the enforcement authority, constitute the contravention or failure in question and the other facts which, in the opinion of the enforcement authority, justify the imposition of the penalty and its amount; and

specifying a date, no earlier than the end of the period of forty-two days from the date of service of the notice on the company, by which the penalty is required to be paid.

by publishing the notice in such manner as the enforcement authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them;

by serving a copy of the notice on the company;

by serving a copy of the notice on the Council; and

where the notice is given by the Secretary of State or the Assembly, by serving a copy of the notice on the Authority.

the notice under section 22A(4) above relating to the penalty is served on the company under section 22A(8) above; or

a notice relating to the contravention or failure is served on the company under section 203(2) below.

within three months from the confirmation of the provisional order or the making of the final order; or

where the provisional order is not confirmed, within six months from the making of the provisional order.

the imposition of the penalty;

the amount of the penalty; or

the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,

within forty-two days from the date of service on the company of a notice under section 22A(6) above; or

where the application relates to a decision of an enforcement authority on an application by the company under section 22A(7) above, within forty-two days from the date the company is notified of the decision.

may quash the penalty;

may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; or

in the case of an application under subsection (1)(c) above, may substitute for the date or dates imposed by the enforcement authority an alternative date or dates.

that the imposition of the penalty was not within the power of the enforcement authority under section 22A above;

that any of the requirements of subsections (4) to (6) or (8) of section 22A above have not been complied with in relation to the imposition of the penalty and the interests of the company have been substantially prejudiced by the non-compliance; or

that it was unreasonable of the enforcement authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.

for the achievement of the purposes of such an order; and

in a manner which protects the respective interests of the members and creditors of the company.

the transfer to another company, or (as respects different parts of the area to which the company’s appointment relates, or different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the company by virtue of its appointment may be properly carried out; and

the carrying out of those functions pending the making of the transfer and the vesting of those functions in the other company or companies (whether by virtue of the transfer or of an appointment or variation which replaces the former company as a relevant undertaker).

the transfer to another company or companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that activities relating to the introduction or introductions of water mentioned in subsection (6)(b) below may be properly carried on; and

the carrying on of those activities pending the making of the transfer.

a purpose of the special administration order is to rescue the company as a going concern, and

a company voluntary arrangement under Part 1 of the Insolvency Act 1986, or

a compromise or arrangement in accordance with Part 26 of the Companies Act 2006.

modify a provision of the Insolvency Act 1986 or the Companies Act 2006 in respect of the arrangements and compromises mentioned in subsection (2D) in so far as they apply to a company which is or has been in special administration;

make other supplemental provision about those arrangements and compromises (which may, in particular, apply or modify the effect of an enactment about insolvency or companies).

the Secretary of State,

the Welsh Ministers, or

the Authority.

the Welsh Ministers have consented to the making of the regulations, and

a draft has been laid before and approved by resolution of each House of Parliament (and section 213(1) shall not apply).

transferring all or part of the company's undertaking to a wholly-owned subsidiary of the company, and

then transferring securities in the subsidiary to another company.

apply (with or without modification) an insolvency provision;

disapply an insolvency provision;

modify the effect of an insolvency provision;

make provision similar to, and in place of, an insolvency provision.

the Welsh Ministers have consented to the making of the regulations, and

a draft has been laid before and approved by resolution of each House of Parliament (and section 213(1) shall not apply).

a company is replaced by another as a relevant undertaker without an appointment or variation under Chapter 1 of this Part; or

a company carries on activities relating to the introduction or introductions of water mentioned in subsection (6)(b) below formerly carried on by another company,

it is the holder of a combined licence (within the meaning of Chapter 1A of this Part); and

the introduction of water by it which is permitted under section 66B or 66C below is designated as a strategic supply under section 66G below or the introductions of water by it which are so permitted are designated as a collective strategic supply under section 66H below.

by the Secretary of State; or

with the consent of the Secretary of State, by the Director,

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

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

that there has been, is or is likely to be such a contravention by the company of any principal duty, not being a contravention in respect of which a notice has been served under subsection (3) of section 19 above, as is serious enough to make it inappropriate for the company to continue to hold its appointment F67or licence;

that the company is or is likely to be unable to pay its debts;

that, in a case in which the Secretary of State has certified that it would be appropriate, but for section 25 below, for him to petition for the winding up of the company under F69section 440 of the Companies Act 1985 F69section 124A of the Insolvency Act 1986 (petition by the Secretary of State following inspectors’ report etc.), it would be just and equitable, as mentioned in that section, for the company to be wound up if it did not hold an appointment under Chapter I of this Part F70or was not a qualifying licensed water supplier ; or

F71in the case of a company holding an appointment under Chapter 1 of this Part, that the company is unable or unwilling adequately to participate in arrangements certified by the Secretary of State or the Director to be necessary by reason of, or in connection with, a proposal for the making by virtue of section 7(4)(c) above of any appointment or variation replacing a company as a relevant undertaker.

the reference in subsection (1) to an administration order were a reference to a special administration order;

paragraph (b) of that subsection did require the leave of the court for the taking of any of the steps mentioned in paragraphs (b) and (c) of subsection (2) (appointment of, and exercise of functions by, administrative receiver); and

the reference in paragraph (c) of subsection (1) to proceedings included a reference to any proceedings under or for the purposes of section 18 above.

it is a limited company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or

it is an unregistered company which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).

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;

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.

the company shall not be wound up voluntarily;

no administration order shall be made in relation to the company under Part II of the M3Insolvency Act 1986; and

no step shall be taken by any person to enforce any security over the company’s property except where that person has served fourteen days’ notice of his intention to take that step on the Secretary of State and on the Director.

water undertakers or sewerage undertakers carry out functions; and

licensed water suppliers carry on activities authorised by their licences.

the carrying out by companies appointed under Chapter I of this Part of the functions of relevant undertakers; or

the carrying on by companies holding licences under Chapter 1A of this Part of the activities authorised by their licences; or

any F79company mentioned in paragraph (a) or (aa) above ,

considerations to which F2the Authority should have particular regard in determining the order of priority in which matters are to be brought under review in performing F2its duty under subsection (1) or (2) above; and

considerations to which, in cases where it appears to the Director that any of F2the Authority powers under Parts II to V and VII of this Act are exercisable, F2it should have particular regard in determining whether to exercise those powers;

the functions of either description of relevant undertaker; or

the carrying out of any such functions by a company holding an appointment under Chapter I of this PartF81 or

the activities authorised by retail licences or combined licences (within the meanings of Chapter 1A of this Part); or

the carrying on of any such activities by a company holding any such licence.

as the Assembly may direct, for relevant undertakers whose areas are wholly or mainly in Wales; and

as the Secretary of State may direct, for other relevant undertakers.

establish such committees for relevant undertakers as it considers appropriate; or

alter the allocation of a relevant undertaker to a committee established under this section.

the provision of advice and information to the Council on consumer matters affecting the areas of the relevant undertakers allocated to that committee;

such other purposes as the Council may determine.

the Authority and the Council;

the Council and the Secretary of State; and

the Council and the Assembly.

co-operation and the exchange of information between them; and

the consistent treatment of matters which affect both of them.

individuals who are disabled or chronically sick;

individuals of pensionable age;

individuals with low incomes;

individuals residing in rural areas; and

customers, of companies holding an appointment under Chapter 1 of Part 2 of this Act, whose premises are not eligible to be supplied by a licensed water supplier,

they are household premises (as defined in section 17C above); or

the total quantity of water estimated to be supplied to the premises annually for the purposes of subsection (2) of section 17D above is less than the quantity specified in that subsection.

making proposals, or providing advice and information, about consumer matters (including matters affecting consumers in different areas); and

representing the views of consumers on such matters (including the views of consumers in different areas),

the individual or body has consented to the disclosure;

it is information that is available to the public from some other source; or

it is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.

consult that individual or body; and

have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) above to the information or as to the desirability or otherwise of its disclosure;

publishing information in any manner the Council thinks appropriate for the purpose of bringing it to the attention of those likely to be interested; or

furnishing information to any consumer (whether in response to a request or otherwise).

the individual or body has consented to the publication;

it is information that is available to the public from some other source; or

it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.

consult that individual or body; and

have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) above to the information or as to the desirability or otherwise of its publication;

the Authority;

a company holding an appointment under Chapter 1 of this Part; or

a licensed water supplier,

that individual or body has consented to the publication;

it is information that is available to the public from some other source; or

it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.

consult that individual or body; and

have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) above to the information or as to the desirability or otherwise of its publication;

the Authority;

the Secretary of State; or

the Assembly,

descriptions of information which a person to whom a direction is given under section 27H or 27J above may refuse to supply; or

circumstances in which such a person may refuse to comply with a direction given under either of those sections.

consider any representations made by either party;

determine whether the person failing to comply with the direction is entitled to refuse to do so, and, if not, order him to comply with the direction; and

give notice of his determination and any order under paragraph (b), with reasons, to both parties.

to the Assembly, if the matter relates to a relevant undertaker whose area is wholly or mainly in Wales or to services provided by a licensed water supplier using the supply system of a water undertaker whose area is wholly or mainly in Wales; or

to the Secretary of State, in any other case.

it is unlikely that the complaint could be resolved by action taken by the relevant undertaker or the licensed water supplier;

the relevant undertaker or the licensed water supplier has not been given a reasonable opportunity to deal with the complaint; or