Part 1 E+W Water industry

CHAPTER 1 E+W Water supply licences and sewerage licences

Expansion of water supply licensing E+W

1 Types of water supply licence and arrangements with water undertakers E+W

(1) For section 17A of the Water Industry Act 1991 there is substituted—

“17A Water supply licences

(1) The Authority may grant to a person a licence in respect of the use of the supply system of a water undertaker (a “water supply licence”).

(2) A water supply licence may give the holder of the licence one or more of the following authorisations and combination of authorisations—

(a) a retail authorisation;

(b) a wholesale authorisation;

(c) a restricted retail authorisation;

(d) a restricted retail authorisation and a supplementary authorisation.

(3) Schedule 2A makes provision as to the authorisations (including their operation in England and Wales).

(4) In the case of each of the authorisations, an authorisation to do a thing is an authorisation to do it in accordance with Chapter 2A of Part 3.

(5) The Authority may exercise the power to grant a water supply licence only in accordance with a general authorisation given by the Secretary of State.

(6) Before giving a general authorisation as regards the Authority, the Secretary of State must consult the Welsh Ministers.

(7) References in this Act to a water supply licensee are references to a person that is the holder for the time being of a water supply licence.

17AA Water supply licences: restrictions on grants

(1) Before the Authority grants a water supply licence giving a wholesale authorisation, it must consult—

(a) the Secretary of State;

(b) the Chief Inspector of Drinking Water;

(c) the Environment Agency;

(d) the NRBW.

(2) Before the Authority grants a water supply licence giving a supplementary authorisation, it must consult—

(a) the Secretary of State;

(b) the Chief Inspector of Drinking Water;

(c) the Environment Agency;

(d) the Welsh Ministers;

(e) the Chief Inspector of Drinking Water for Wales if there is one;

(f) the NRBW.

(3) A water supply licence may not be granted to a water undertaker.

(4) A water supply licence may not be granted to a person unless that person is a limited company.

(5) The restriction in subsection (4) does not apply if the water supply licence gives only—

(a) a retail authorisation,

(b) a restricted retail authorisation, or

(c) a retail authorisation and a restricted retail authorisation.”

(2) After Schedule 2 to the Water Industry Act 1991 there is inserted the Schedule set out in Schedule 1.

(3) Schedule 2 (which amends Chapter 2A of Part 3 of the Water Industry Act 1991 which relates to water undertakers' duties to enable operations of water supply licensees) has effect.

Commencement Information

I1 S. 1(1) in force at 1.1.2016 for specified purposes by S.I. 2015/1938, art. 3(a)(i) (with art. 4)

I2 S. 1(1) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(a)(i) (with Sch. 2)

I3 S. 1(1) in force at 1.11.2016 in so far as not already in force by S.I. 2016/1007, art. 2(a) (with arts. 3, 4)

I4 S. 1(2) in force at 1.1.2016 by S.I. 2015/1938, art. 3(a)(ii)

I5 S. 1(3) in force at 1.9.2015 for specified purposes by S.I. 2015/1469, art. 3(a)

I6 S. 1(3) in force at 1.9.2015 for specified purposes by S.I. 2015/773, art. 3(a) (with art. 5)

I7 S. 1(3) in force at 1.4.2016 for specified purposes by S.I. 2016/465, art. 2(a)(ii) (with Sch. 2)

I8 S. 1(3) in force at 1.9.2016 for specified purposes by S.I. 2016/465, art. 3(a) (with Sch. 2)

I9 S. 1(3) in force at 30.3.2017 for specified purposes by S.I. 2017/462, art. 2(a)

I10 S. 1(3) in force at 1.4.2017 for specified purposes by S.I. 2017/462, art. 3(a)