Part IIE+W APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

Valid from 01/04/2004

[F1CHAPTER 1AE+W LICENSING OF WATER SUPPLIERS

Textual Amendments

F1Pt. 2 Ch. 1A inserted (1.4.2004 for specified provisions and purposes and 1.8.2005 for further specified provisions and purposes and 1.10.2005 for further specified provisions and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/968, art. 3(b) (with savings in art. 4, Sch. 1, 2); S.I. 2005/2714, arts. 2(h), 3(a) (with Sch. para. 5)

Granting of licencesE+W

17FProcedure for granting water supply licencesE+W

(1)An application for—

(a)a water supply licence;

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

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

shall be made in such form and manner, and shall contain, or be accompanied by, such information and documents and such fee (if any), as may be prescribed.

(2)Within the prescribed period after the making of such an application, the applicant shall publish in the prescribed manner a notice of the application containing such particulars as may be prescribed.

(3)The particulars which may be prescribed by virtue of subsection (2) above include the time within which, and the address at which, representations or objections with respect to the application may be made.

(4)If the Secretary of State or the Authority proposes to refuse the application, he or it shall give to the applicant a notice—

(a)stating that he or it proposes to refuse the application;

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

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

and shall consider any representations or objections which are duly made and not withdrawn.

(5)The Secretary of State may make provision by regulations disapplying subsections (2) and (3) above in relation to an application under subsection (1) above in such circumstances as may be prescribed.

(6)A licence shall be in writing and, unless revoked or suspended in accordance with any condition contained in it, shall continue in force for such period as may be specified in or determined by or under the licence.

(7)As soon as practicable after granting a licence or variation of a licence, the Secretary of State or the Authority shall serve a copy of the licence or licence as varied—

(a)on the licence holder;

(b)on the Assembly;

(c)on the Chief Inspector of Drinking Water;

(d)on the Environment Agency;

(e)on the Council;

(f)on each relevant undertaker;

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

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

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

(8)Any sums received by the Secretary of State or by the Authority by virtue of this section shall be paid into the Consolidated Fund.]

Modifications etc. (not altering text)