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.

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

stating that F2it proposes to make the appointment or variation;

stating the reasons why F2it 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

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

the Environment Agency, if the undertaker's area is wholly in England;

the NRBW, if the undertaker's area is wholly in Wales;

both the Environment Agency and the NRBW, if the undertaker's area is partly in England and partly in Wales.

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 F15CMA,

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 F18the CMA; and

the question or matter referred to the F21CMA concerns the review of a price control imposed on the company holding the appointment; and

the F21CMA is to decide to what extent it is reasonable to take into account in its determination costs incurred or borne by the company in connection with the reference,

shall be made to the Authority; and

shall include definite conclusions on the questions or other matters comprised in the reference, together with such an account of their reasons for those conclusions as, in the opinion of the F23CMA , is expedient for facilitating a proper understanding of those questions or other matters and of their conclusions,

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 F2it 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 F35the CMA may require, and which it is within F2its 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 him 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 (8A) were omitted.

subsection (2) were omitted; F46...

in subsection (9) the words from “or section” to “section 65(3))” 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 F56CMA 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 F56CMA 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 F2it 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 F2the 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; 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 F64CMA 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 F67CMA 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 F67CMA 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 (8A) were omitted.

subsection (2) were omitted;

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 F72CMA under section 16A(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction is given by the F72CMA 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.