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Valid from 01/12/2005
9(1)Section 24 (special administration orders made on special petitions) is amended as follows.E+W
(2)After subsection (1), there is inserted—
“(1A)If on an application made to the High Court by petition presented—
(a)by the Secretary of State (after consulting the Assembly); or
(b)with the consent of the Secretary of State (after consulting the Assembly), the Authority,
the Court is satisfied in relation to any company which is a qualifying licensed water supplier that any one or more of the grounds specified in subsection (2) below is satisfied in relation to that company, that Court may make a special administration order in relation to that company.”
(3)In subsection (2)—
(a)for “subsection (1)” there is substituted “ subsections (1) and (1A) ”,
(b)in paragraphs (a) and (b), after “appointment” there is inserted “ or licence ”,
(c)after paragraph (b) there is inserted—
“(bb)in the case of a company which is a qualifying licensed water supplier, that—
(i)action taken by the company has caused a contravention by a water undertaker of any principal duty; and
(ii)that action is serious enough to make it inappropriate for the company to continue to hold its licence;”,
(d)in paragraph (d), after “this Part” there is inserted “ or was not a qualifying licensed water supplier ”, and
(e)in paragraph (e), at the beginning there is inserted “ in the case of a company holding an appointment under Chapter 1 of this Part, ”.
(4)For subsection (7) there is substituted—
“(7)In this section “principal duty” means—
(a)in relation to a company holding an appointment under Chapter 1 of this Part, a requirement imposed on the company by section 37 or 94 below;
(b)in relation to a company which is a qualifying licensed water supplier, any condition of its licence or any statutory requirement imposed on it in consequence of its licence.”
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