[F140IRules under section 40E: guidanceE+W
(1)The Minister may issue guidance as to the content of rules under section 40E.
(2)Before issuing the guidance, the Minister must—
(a)prepare a draft of the proposed guidance;
(b)consult the relevant persons about the draft.
(3)The relevant persons are—
(a)the Secretary of State;
(b)the Welsh Ministers;
(c)such other persons as the Minister thinks appropriate.
(4)The Minister may from time to time revise the guidance and issue revised guidance.
(5)Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.
(6)The Minister must arrange for the publication of guidance issued under this section.
(7)In this section “the Minister” means—
(a)the Secretary of State, in relation to bulk supply agreements to which all parties are—
(i)a water undertaker whose area is wholly or mainly in England, or
(ii)a person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;
(b)the Welsh Ministers, in relation to bulk supply agreements to which all parties are—
(i)a water undertaker whose area is wholly or mainly in Wales, or
(ii)a person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a water undertaker;
(c)the Secretary of State and the Welsh Ministers acting jointly, in relation to bulk supply agreements to which—
(i)a person falling within paragraph (a)(i) or (ii) is party, and
(ii)a person falling within paragraph (b)(i) or (ii) is party.]
Textual Amendments
F1Ss. 40-40J substituted for ss. 40, 40A (6.4.2015 for the insertion of s. 40J, 1.11.2016 for the insertion of s. 40E for specified purposes and s. 40I, 1.4.2018 for E. for specified purposes) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2015/773, art. 2(1)(a)(i) (with art. 4); S.I. 2016/1007, art. 2(b); S.I. 2018/397, art. 2(a)