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5.—(1) The Authority may determine, in a case referred to it by a licensed water supplier or an actual or potential customer of a licensed water supplier, whether that licensed water supplier is, pursuant to regulation 3, not to be treated as entering into an undertaking with a new customer to give a supply of water to any premises.
(2) Section 195(2)(bc) (the Authority’s register)(1) of the Act shall have effect as if, at the end, there were inserted “or regulation 5(1) of the Water Supply Licence (New Customer Exception) Regulations 2005”.
(3) Section 195A (reasons for decisions)(2) of the Act shall apply to the making of a determination under paragraph (1) as it applies to the making of a determination under section 17E of the Act.
Section 195(2)(bc) was inserted by section 101 of and Schedule 8, paragraph 42(3) to, the Water Act 2003. Under section 36(2) of the Water Act 2003, references to the Director in the Water Industry Act 1991 have effect as references to the Authority.
Section 195A was inserted by section 51 of the Water Act 2003.
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