(1)The Secretary of State may arrange for the publication, in such form and in such manner as he considers appropriate, of such information
[F1(a)relating to any matter which is connected with the carrying out by a company holding an appointment under Chapter 1 of Part 2 of this Act of the functions of a relevant undertaker; or
(b)relating to any matter which is connected with the carrying on by a [F2person] holding a licence under Chapter 1A of that Part of the activities authorised by the licence,
as it may] appear to him to be in the public interest to publish.
(2)The Director may arrange for the publication, in such form and in such manner as he considers appropriate, of such information and advice as it may appear to him to be expedient to give to any customer or potential customer of a company holding an appointment under Chapter I of Part II of this Act or [F3a person holding] [F4 a licence under Chapter 1A of that Part].
(3)In arranging for the publication of any such information or advice the Secretary of State or the Director shall have regard to the need for excluding, so far as that is practicable—
(a)any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Secretary of State or (as the case may be) the Director, seriously and prejudicially affect the interests of that individual; and
(b)any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Secretary of State or (as the case may be) the Director, seriously and prejudicially affect the interests of that body.
[F5(4)The [F6CMA] shall consult the Director before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Director under subsection (2) of this section.]
Textual Amendments
F1Words in s. 201(1) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 43(2); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)
F2Word in s. 201(1)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 113(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F3Words in s. 201(2) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 113(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(x) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F4Words in s. 201(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 43(3); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3)
F5S. 201(4) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(9); S.I. 2003/1397, art. 2(1), Sch.
F6Word in s. 201(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 91 (with art. 3)
Modifications etc. (not altering text)
C1S. 201 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 14(5) (with reg. 1(1)(c))