Water Industry Act 1991

12 Determinations under conditions of appointment. E+W

(1) Without prejudice to the generality of paragraph (a) of section 11(1) above, conditions included in an appointment by virtue of that paragraph may—

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

(b) require the appointed company, except in so far as the Director 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.

(2) Without prejudice as aforesaid, such conditions may provide for the reference to and determination by—

(a) the Secretary of State or the Director; or

(b) on a reference by the Director, the [F1 Competition Commission],

of such questions arising under the appointment and of such other matters, including (in the case of references to the Commission) disputes as to determinations by the Director, as are specified in the appointment or are of a description so specified.

(3) Where any question or other matter falls to be determined by the [F1 Competition Commission] in pursuance of a provision contained in an appointment under this Chapter—

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

(b) it shall be the duty of that Commission to determine any question or other matter referred by virtue of paragraph (a) above in accordance with—

(i) any regulations under subsection (4) below; and

(ii) the principles which apply, by virtue of Part I of this Act, in relation to determinations under this Chapter by the Director.

(4) The Secretary of State may by regulations make such provision as he considers appropriate for regulating the procedure to be followed with respect to the reference of any question or other matter to the [F1 Competition Commission]in pursuance of provision contained in an appointment under this Chapter.

(5) Without prejudice to the generality of the power conferred by subsection (4) above, regulations under that subsection may, in relation to any such reference as is mentioned in that subsection, apply (with or without modifications) the provisions of any enactment relating to references to the [F1 Competition Commission] under the following provisions of this Act [F2 or][F3 the Enterprise Act 2002]F4 . . ..

Textual Amendments

F1 Words in s. 12(2)(b)(3)(4)(5) substituted (1.4.1999) by S.I. 1999/506, art. 30(a)(b)

F2 Word in s. 12(5) inserted (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV paras. 13(2)(a) (with s. 73); S.I. 2000/344, art. 2 Sch.

F3 Words in s. 12(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(3); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F4 Words in s. 12(5) repealed (1.3.2000) by 1998 c. 41, s. 54(3), 74(3), Sch. 10 Pt. IV para. 13(2)(b), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2 Sch.