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Water Industry Act 1991, Section 27K is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Secretary of State may make regulations prescribing—
(a)descriptions of information which a person to whom a direction is given under section 27H or 27J above may refuse to supply; or
(b)circumstances in which such a person may refuse to comply with a direction given under either of those sections.
(2)The Council may, if no person is prescribed for the purpose under subsection (3) below, refer a failure by a company holding an appointment or a licensed water supplier to comply with a direction under section 27H above to the Authority.
(3)The Secretary of State may make regulations for the purpose of enabling a failure to comply with a direction under section 27H or 27J above to be referred by the person who gave the direction to such person (other than the Authority) as may be prescribed by the regulations.
(4)A person to whom such a failure is referred (whether under subsection (2) above or regulations under subsection (3) above) shall—
(a)consider any representations made by either party;
(b)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
(c)give notice of his determination and any order under paragraph (b), with reasons, to both parties.
(5)The duty of a company holding an appointment and a licensed water supplier to comply with an order under this section shall be enforceable by the Authority under section 18 above.
(6)A notice under subsection (4) above may be published by either party to the reference.
(7)Subsections (2) to (7) of section 27I above apply to the publication of a notice under this section as they apply to the publication of a notice given to the Council under section 27H(4) above.]]
Textual Amendments
F1Ss. 27C-27G and preceding cross-heading inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 43(1), 105(3); S.I. 2005/2714, art. 2(c) (with Sch. 2 para. 8)
F2Ss. 27H-27K inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 44, 105(3); S.I. 2005/2714, art. 2(d) (with Sch. 2 para. 8)
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