The Water Industry (Determination of Turnover for Penalties) Order 2005

Interpretation E+W

2.—(1) In this Order—

“the Act” means the Water Industry Act 1991;

[F1 “aid” means a measure which—

(a)

fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b)

is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services;]

“applicable turnover” shall be construed in accordance with paragraph (2);

“the Authority” means, until the coming fully into force of section 36(1) of the Water Act 2003(1) (transfer to the Water Services Regulation Authority and the Consumer Council for Water of functions, property etc) the Director, and thereafter, the Water Services Regulation Authority;

“business year” means a period of more than six months in respect of which–

(a)

a relevant undertaker prepares a single set of regulatory accounts; or

(b)

a [F2 water supply licensee or sewerage licensee] publishes a single set of accounts or, if no such accounts have been published for the period, prepares a single set of accounts;

F3 ...

“date of the notice” means the date on which the enforcement authority gives notice under section 22A(4) of the Act;

[F4 “person” means a relevant undertaker or a water supply licensee or a sewerage licensee;]

“preceding business year” means the last business year preceding the date of the notice;

[F5 “regulated activities” means—

(a)

in the case of a person holding an appointment as a water undertaker, its functions as a water undertaker;

(b)

in the case of a person holding an appointment as a sewerage undertaker, its functions as a sewerage undertaker;

(c)

in the case of a water supply licensee, the activities authorised by its water supply licence; or

(d)

in the case of a sewerage licensee, the activities authorised by its sewerage licence;]

“regulatory accounts” means regular accounting and other information which the undertaker is required by its instrument of appointment to supply to the Authority to enable the Authority to compare the financial position and performance of relevant undertakers;

[F4 “sewerage licence” is to be construed in accordance with section 17BA(1) of the Act;] and

“water supply licence” shall be construed in accordance with section 17A(1) of the Act.

(2) “Applicable turnover” means—

(a) the amounts, determined in conformity with normal accounting practice in the United Kingdom, which are derived by a [F6 person] from the provision of goods and services in the course of the [F7 person’s] regulated activities in respect of which the penalty is imposed, less sales rebates, value added tax and any other taxes based on such amounts; and

(b) payments by way of aid granted by a public body to the [F6 person], if the aid–

(i) facilitates or promotes the [F7 person’s] regulated activities; and

(ii) is reflected in the price charged by the [F6 person] for the goods or services it provides.

Textual Amendments

F1 Words in art. 2(1) substituted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 8(2) (with Sch. 3)

F2 Words in art. 2(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 19(2)(a)(i)

F3 Words in art. 2(1) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 19(2)(a)(ii)

F4 Words in art. 2 inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 19(2)(a)(iv)

F5 Words in art. 2(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 19(2)(a)(iii)

F6 Word in art. 2(2) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 19(2)(b)(i)

F7 Word in art. 2(2) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 19(2)(b)(ii)

Commencement Information

I1 Art. 2 in force at 1.4.2005, see art. 1

(1)

2003 c. 37.