The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016

CHAPTER 4 Supplementary

Guidance about directions and list of eligible water supply licensees

44.—(1) The WSRA must from time to time publish guidance about—

(a) the exercise of its powers to give directions under regulations 33 and 41, and

(b) the maintenance of the list of water supply licensees under regulation 43.

(2) The guidance may, in particular, make provision about—

(a) the criteria used by the WSRA to determine which eligible water supply licensee to direct under regulation 33 or 41;

(b) the inclusion of water supply licensees in a list of eligible water supply licensees under regulation 43 and their removal.

Terms and conditions applying to performance of duties under Chapter 2

45.—(1) The WSRA must by order specify the terms and conditions that, in the absence of express agreement by a water undertaker and water supply licensee, are to apply in relation to the performance by the water undertaker of any duties under section 66A or 66AA of the 1991 Act that arise by virtue of a request that is treated as having been made by Chapter 2 of this Part.

(2) An order under this regulation—

(a) may make any provision that may be made by order under section 66D(1) of the 1991 Act(1),

(b) is subject to the same constraints as an order under section 66D(1) (ignoring section 66D(1) itself and section 66D(2)), and

(c) is to be treated for all other purposes as being an order under section 66D(1).

(1)

Section 66D is prospectively substituted for section 66D by paragraph 3 of Schedule 2 to the Water Act 2014 from a date to be appointed.