PART 2Exit applications
Determination of applications and conditions
Determination of application11
1
The Secretary of State must determine an exit application by granting or refusing the relevant undertaker permission to withdraw from the non-household retail market in accordance with the application.
2
The Secretary of State must grant permission unless—
a
it would be contrary to the interests of the public or a section of the public to grant permission, or
b
the relevant undertaker has failed to comply with regulation 9 and the Secretary of State considers it appropriate to refuse permission because of that failure.
3
When granting permission, the Secretary of State—
a
must impose the customer notification condition set out in regulation 12, and
b
may impose other conditions.
4
The conditions that may be imposed include—
a
a condition requiring an acquiring licensee to elect to be an eligible water supply licensee for the purposes of section 63AC of the 1991 Act12;
b
a condition requiring an acquiring licensee to elect to be an eligible sewerage licensee for the purposes of section 110L of the 1991 Act13;
c
a condition requiring the relevant undertaker to provide proof, before the exit date, that other conditions have been met.
5
The Secretary of State need not determine an exit application until the relevant undertaker has complied with any requirement to provide further information under regulation 10.
6
Section 195A of the 1991 Act (reasons for decisions)14 applies as if the making of a determination under paragraph (1) were included in the list of decisions in subsection (1) of that section.
Customer notification condition for relevant undertakers12
1
This regulation sets out the customer notification condition for the purposes of regulation 11(3)(a).
2
The customer notification condition is a condition requiring the relevant undertaker to take reasonable steps to notify each affected customer of its intention to withdraw from the non-household retail market.
3
The notice must—
a
explain in general terms what is happening to the supply of water or the provision of sewerage services to the customer’s premises and why;
b
give an overview of the terms and conditions that will apply in relation to the customer following the exit date and how to obtain further information;
c
give the name and contact details of the acquiring licensee in relation to the customer’s premises;
d
explain the effect of regulation 17 on any outstanding complaints against the relevant undertaker;
e
give the customer information about how to switch supplier and where to find information about other potential suppliers.
4
The notice must be given—
a
in the case of a person who is a customer immediately before the Secretary of State grants permission for the relevant undertaker to withdraw from the non-household retail market, at least 2 months before the exit date;
b
in the case of a person who becomes a customer after the Secretary of State grants permission, as soon as possible.