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Water Industry Act 1991, Section 66H is up to date with all changes known to be in force on or before 19 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)Subsection (2) below applies if at any time the Authority determines that two or more introductions of water—
(a)which are made by a licensed water supplier; and
(b)which a water undertaker is required to permit under section 66B or 66C above in accordance with [F2section 66D agreements],
constitute a collective strategic supply of water.
(2)The Authority shall designate the introductions as a collective strategic supply.
(3)Subsection (4) below applies if—
(a)a water undertaker requests the Authority to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of subsection (1) above, or
(b)the Authority otherwise proposes to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of that subsection.
(4)The Authority shall give notice of the request or proposed determination to—
(a)the Secretary of State;
(b)the Assembly;
(c)the Environment Agency[F3, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England];
[F4(ca)the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;]
(d)the other party or parties, or the parties, to [F5the section 66D agreements]; and
(e)such other persons (if any) as the Authority thinks it appropriate to notify.
(5)Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.
(6)The Authority shall consider any representations or objections which are duly made and not withdrawn.
(7)If the Authority determines that introductions designated under this section as a collective strategic supply no longer constitute such a supply, it shall cancel their designation.
(8)If the Authority proposes to make a determination under subsection (7) above that introductions no longer constitute a collective strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.
(9)Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).
(10)For the purposes of this section, introductions of water are a collective strategic supply if, without those introductions being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customers[F6, and supplies which it is obliged to make under [F7section 66AA] or 66C,] as well as supplying the [F8relevant customers of a water supply licensee] with water for domestic purposes.
[F9(11)A person is a relevant customer of a water supply licensee if an introduction of water is made by reference to the supply of water to that person's premises in accordance with—
(a)a retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), or
(b)a restricted retail authorisation of the licensee requesting the introduction of water.]]
Textual Amendments
F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)
F2Words in s. 66H(1)(b) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(2); S.I. 2017/462, art. 3(i)(v)
F3Words in s. 66H(4)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 235(2) (with Sch. 7)
F4S. 66H(4)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 235(3) (with Sch. 7)
F5Words in s. 66H(4)(d) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(3); S.I. 2017/462, art. 3(i)(v)
F6Words in s. 66H(10) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 7(2) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j)
F7Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(a); S.I. 2017/462, art. 3(i)(v)
F8Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(b); S.I. 2017/462, art. 3(i)(v)
F9S. 66H(11) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(5); S.I. 2017/462, art. 3(i)(v)
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