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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111147177

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 53(3) of the Water Act 2014, for approval by resolution of each House of Parliament.

Water Industry, England And Wales

Made ***

Coming into force 3rd October 2016

The Secretary of State, in exercise of the powers conferred by sections 42(1), (2), (3) and (5), 43(1)(b), (d), (e), (f) and (g), (3)(a), (4), (7) and (8), 44(1)(a), (3)(a) and (5)(a), 45, 46(3), (5), (7) and (8), 47(1), (2) and (3), 49 and 51(1), (3), (4) and (5) of the Water Act 2014f1, makes these Regulations.

The Secretary of State has, in accordance with section 53(1) of the Water Act 2014, consulted—

(a)

the Welsh Ministers;

(b)

the WSRAf2;

(c)

the CMA;

(d)

the Consumer Council for Water;

(e)

relevant undertakers whose areas are wholly or mainly in England;

(f)

licensed water suppliersf3; and

(g)

persons whom the Secretary of State considers to represent the interests of investors in the water industry.

In accordance with section 53(3) of the Water Act 2014, a draft of this instrument has been laid before and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2014 c.21.

f2

The WSRA is defined in section 52(1) of the Water Act 2014 as the Water Services Regulation Authority (known as Ofwat).

f3

Section 53(1) of the Water Act 2014 requires the Secretary of State to consult “water supply licensees” before making these Regulations. However, pending prospective amendment by the Water Act 2014 from a date to be appointed, section 17B(9) of the 1991 Act currently provides that references to a licensed water supplier are references to a company which is the holder of a water supply licence.

Contents

  1. Part 1: Citation, commencement and interpretation etc.
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3The non-household retail market
  5. Part 2: Exit applications
  6. Making and content of exit applications
  7. 4Power to make an exit application
  8. 5Exit application to provide reasons for wanting to exit
  9. 6Exit application to identify acquiring licensees
  10. 7Exit application to identify customers’ premises
  11. 8Exit application to specify an exit date
  12. Notice of exit application and power to require further information
  13. 9Notice of exit application
  14. 10Power to require further information
  15. Determination of applications and conditions
  16. 11Determination of application
  17. 12Customer notification condition for relevant undertakers
  18. Modification or withdrawal of applications etc.
  19. 13Power to change the exit date
  20. 14Withdrawal of exit application
  21. 15Notification that a party no longer wishes to proceed
  22. Part 3: Transfer of undertaking
  23. 16Transfer schemes
  24. 17Transfer of outstanding complaints
  25. 18Transfer of information
  26. 19Determinations by the WSRA
  27. Part 4: Effect of exit
  28. Effect on relevant undertakers
  29. 20Prohibition on supply of water, or provision of sewerage services, by undertakers
  30. 21Effect of inset appointment on retail exit area
  31. 22Expansion of retail exit area – inset appointments
  32. 23Exiting undertakers may continue to supply their own premises
  33. 24Exiting undertaker’s ongoing responsibility for customers in the process of switching
  34. 25Modification of appointment of exiting undertaker
  35. Effect on acquiring licensees
  36. 26Acquiring licensee’s duty to continue supply
  37. 27Acquiring licensee’s duty to contact transferred customers
  38. 28Modification of licence conditions of acquiring licensee
  39. Effect on water supply or sewerage licensees generally
  40. 29Schemes for terms and conditions
  41. 30Code about supply of water or provision of sewerage services etc. in retail exit area
  42. Part 5: Identifying a water supplier in a retail exit area
  43. Chapter 1: Identifying a new supplier where a customer has switched supplier
  44. 31Introduction
  45. 32Customer’s right to apply for appointment of alternative water supply licensee
  46. 33The WSRA’s duty to direct an alternative water supply licensee to provide the supply
  47. 34Duties of water supply licensee directed to supply premises
  48. 35Saving for customer liability
  49. Chapter 2: Identifying a supplier where none can be found
  50. 36Introduction
  51. 37Undertaker’s duty to notify person of retail exit
  52. 38Undertaker’s duty to supply etc. pending identification of water supply licensee
  53. 39Water supply licensee is identified
  54. 40Water supply licensee is not identified
  55. 41The WSRA’s duty to direct a water supply licensee to supply premises
  56. 42Duties of water supply licensee directed to supply premises
  57. Chapter 3: List of eligible water supply licensees
  58. 43List of eligible water supply licensees
  59. Chapter 4: Supplementary
  60. 44Guidance about directions and list of eligible water supply licensees
  61. 45Terms and conditions applying to performance of duties under Chapter 2
  62. Part 6: Identifying a provider of sewerage services in a retail exit area
  63. Chapter 1: Identifying a new provider where a customer has switched provider
  64. 46Introduction
  65. 47Customer’s right to apply for appointment of alternative sewerage licensee
  66. 48The WSRA’s duty to direct an alternative sewerage licensee to provide sewerage services
  67. 49Duties of sewerage licensee directed to provide sewerage services to premises
  68. 50Saving for customer liability
  69. Chapter 2: Identifying a provider where none can be found
  70. 51Introduction
  71. 52Undertaker’s duty to notify person of retail exit
  72. 53Undertaker’s duty to provide services etc. pending identification of sewerage licensee
  73. 54Sewerage licensee is identified
  74. 55Sewerage licensee is not identified
  75. 56The WSRA’s duty to direct a sewerage licensee to provide services
  76. 57Duties of sewerage licensee directed to provide services
  77. Chapter 3: List of eligible sewerage licensees
  78. 58List of eligible sewerage licensees
  79. Chapter 4: Supplementary
  80. 59Guidance about directions and list of eligible sewerage licensees
  81. 60Terms and conditions applying to performance of duties under Chapter 2
  82. 61Amendment or revocation of local statutory provisions
  83. Part 7: Consequential amendments and review
  84. 62Consequential amendments
  85. 63Review
  86. Signature
  87. Schedule 1: Transfer schemes
  88. 1Introduction
  89. 2Making of scheme
  90. 3Approval and modification by the WSRA
  91. 4Identification of property etc. to be transferred
  92. 5Property, rights and liabilities that may be transferred
  93. 6Division of property, rights or liabilities
  94. 7Payments
  95. 8Supplementary provision
  96. 9Staff
  97. 10Effect of transfer scheme
  98. Schedule 2: Consequential amendments
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. 9Paragraph 9
  108. 10Paragraph 10
  109. 11Paragraph 11
  110. Explanatory note