Part 1Water industry

CHAPTER 2Water and sewerage undertakers

Appointments and variations

13Procedure with respect to appointments and variations

(1)

Section 8 of the Water Industry Act 1991 (procedure with respect to appointments and variations replacing relevant undertakers) is amended as follows.

(2)

In subsection (2)(a) (the Water Services Regulation Authority to serve notice of application), for “on the existing appointee the NRA and on every” there is substituted“on—

(i)

the existing appointee,

(ii)

if the application relates to the replacement of a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,

(iii)

if the application relates to the replacement of a water undertaker whose area is wholly or mainly in Wales, the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies,

(iv)

the appropriate agency, and

(v)

every”.

(3)

In subsection (4)(b) (the Secretary of State or the Water Services Regulation Authority to serve notice of proposed appointment or variation), for “on the existing appointee the NRA and on every” there is substituted“on—

(i)

the existing appointee,

(ii)

if the proposed appointment or variation would replace a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,

(iii)

if the proposed appointment or variation would replace a water undertaker whose area is wholly or mainly in Wales, the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies,

(iv)

the appropriate agency, and

(v)

every”.

(4)

In subsection (5)(b) (the Secretary of State or the Water Services Regulation Authority to serve notice of the making of an appointment or variation), for “on the NRA and on every” there is substituted“on—

(i)

if the appointment or variation replaces a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,

(ii)

if the appointment or variation replaces a water undertaker whose area is wholly or mainly in Wales, the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies,

(iii)

the appropriate agency, and

(iv)

every”.

(5)

After subsection (6) insert—

“(6A)

In this section “the appropriate agency”, in relation to the replacement of a relevant undertaker, means—

(a)

the Environment Agency, if the undertaker's area is wholly in England;

(b)

the NRBW, if the undertaker's area is wholly in Wales;

(c)

both the Environment Agency and the NRBW, if the undertaker's area is partly in England and partly in Wales.”