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

Regulation 62

SCHEDULE 2 Consequential amendments

1.  The 1991 Act is amended as follows.

2.  In section 41, after subsection (2) insert—

“(2A) The duty to provide a water main under this section does not arise in relation to premises in a retail exit area that are not household premises.”.

3.  In section 45, after subsection (1) insert—

“(1ZA) The duty to make a connection under this section does not apply in relation to premises in a retail exit area that are not household premises.”.

4.  In section 52, in subsection (4A)(a)(1), after “water undertaker” insert “or they are in a retail exit area”.

5.  In section 55, after subsection (1A)(2) insert—

“(1B) But this section does not apply to any premises if—

(a) they are in a retail exit area, and

(b) they are not household premises (as defined in section 17C(3) above).”.

6.  In section 63AC(4), after subsection (3) insert—

“(3A) Where the premises are in a retail exit area the Authority must give a direction under subsection (3).”.

7.  In section 98, after subsection (2A)(5) insert—

“(2B) The duty to provide a public sewer or the provision of a lateral drain under this section does not arise in relation to premises in a retail exit area that are not household premises.”.

8.  In section 110L(6), after subsection (3) insert—

“(3A) Where the premises are in a retail exit area the Authority must give a direction under subsection (3).”.

9.  In section 195, in subsection (2)(bc)(7), after “the Water Supply Licence (New Customer Exception) Regulations 2005” insert “or regulation 19 of the Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744)”.

10.  In section 206, in subsection (3)(b)(8), for “or the Water Act 2003” substitute “, the Water Act 2003 or Chapter 4 of Part 1 of the Water Act 2014”.

11.  In section 219, in subsection (1), at the appropriate place insert—

““retail exit area” has the meaning given by section 42 of the Water Act 2014;”.

(1)

Subsection (4A) was inserted by paragraph 15(3) of Schedule 8 to the Water Act 2003 (c. 37) and is prospectively amended by paragraph 27 of Schedule 5, and paragraph 58 of Schedule 7, to the Water Act 2014 (c. 21) from a date to be appointed.

(2)

Subsection (1A) was inserted by paragraph 16(2) of Schedule 8 to the Water Act 2003.

(3)

Section 17C was inserted by paragraph 2 of Schedule 4 to the Water Act 2003.

(4)

Section 63AC is prospectively substituted, together with sections 63AD to 63AF, for section 63AC by section 31 of the Water Act 2014 from a date to be appointed.

(5)

Subsection (2A) was inserted by section 95(3) of the Water Act 2003.

(6)

Section 110L is prospectively inserted by section 32 of the Water Act 2014 from a date to be appointed.

(7)

Subsection (2)(bc) was amended by S.I. 2005/3076 and is prospectively amended by paragraph 111(2)(a) of Schedule 7 to the Water Act 2014 from a date to be appointed.

(8)

Subsection (3)(b) was amended by paragraph 27(5)(a)(iii) of Part 2 of Schedule 7, and paragraph 47(2) of Schedule 8, to the Water Act 2003 and is prospectively amended by paragraph 116(2) of Schedule 7 to the Water Act 2014 from a date to be appointed.