SCHEDULE 11Orders under section 91: further provision
Modifications relating to new wholesale authorisations
7
(1)
Where a section 91 order makes provision as regards new wholesale authorisations, that provision may include provision for provisions of the Water Industry Act 1991 to have effect for a relevant period with such modifications as appear to the Secretary of State to be appropriate.
(2)
Provision under sub-paragraph (1) may include provision for applying old provisions of the Water Industry Act 1991 with such modifications as appear to the Secretary of State to be appropriate.
(3)
Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66D(2) to (8) for the purpose of determining—
(a)
the period for which, and
(b)
the terms and conditions on which,
a water undertaker’s duties under new section 66B or 66C are to be performed.
(4)
Provision under sub-paragraph (2) may in particular provide for the application of provision in old section 66E for the purpose of determining charges payable in respect of the performance of a water undertaker’s duties under new section 66B or 66C.
(5)
Provision under sub-paragraph (1) may in particular make provision about the interpretation of references to a water undertaker’s supply system, including in particular provision for such references to be treated as references to the supply system of a water undertaker as it is described in old section 17B.
(6)
Provision under sub-paragraph (1) may provide for modifications to have effect for different relevant periods.
(7)
Provision under sub-paragraph (1) may make provision—
(a)
in relation to new wholesale authorisations that authorise the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in England,
(b)
in relation to new wholesale authorisations that authorise the introduction of water into the supply system of a water undertaker whose area is wholly or mainly in Wales, or
(c)
in relation to new wholesale authorisations that authorise the introduction of water into the supply system of any water undertaker.
(8)
Before making provision falling within sub-paragraph (7)(b) or (c), the Secretary of State must consult the Welsh Ministers.