The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016
Draft 2016, ISBN 9780111147177
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—
the Welsh Ministers;
the WSRAf2;
the CMA;
the Consumer Council for Water;
relevant undertakers whose areas are wholly or mainly in England;
licensed water suppliersf3; and
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
- 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
- Part 1: Citation, commencement and interpretation etc.
- 1Citation and commencement
- 2Interpretation
- 3The non-household retail market
- Part 2: Exit applications
- Making and content of exit applications
- 4Power to make an exit application
- 5Exit application to provide reasons for wanting to exit
- 6Exit application to identify acquiring licensees
- 7Exit application to identify customers’ premises
- 8Exit application to specify an exit date
- Notice of exit application and power to require further information
- 9Notice of exit application
- 10Power to require further information
- Determination of applications and conditions
- 11Determination of application
- 12Customer notification condition for relevant undertakers
- Modification or withdrawal of applications etc.
- 13Power to change the exit date
- 14Withdrawal of exit application
- 15Notification that a party no longer wishes to proceed
- Part 3: Transfer of undertaking
- 16Transfer schemes
- 17Transfer of outstanding complaints
- 18Transfer of information
- 19Determinations by the WSRA
- Part 4: Effect of exit
- Effect on relevant undertakers
- 20Prohibition on supply of water, or provision of sewerage services, by undertakers
- 21Effect of inset appointment on retail exit area
- 22Expansion of retail exit area – inset appointments
- 23Exiting undertakers may continue to supply their own premises
- 24Exiting undertaker’s ongoing responsibility for customers in the process of switching
- 25Modification of appointment of exiting undertaker
- Effect on acquiring licensees
- 26Acquiring licensee’s duty to continue supply
- 27Acquiring licensee’s duty to contact transferred customers
- 28Modification of licence conditions of acquiring licensee
- Effect on water supply or sewerage licensees generally
- 29Schemes for terms and conditions
- 30Code about supply of water or provision of sewerage services etc. in retail exit area
- Part 5: Identifying a water supplier in a retail exit area
- Chapter 1: Identifying a new supplier where a customer has switched supplier
- 31Introduction
- 32Customer’s right to apply for appointment of alternative water supply licensee
- 33The WSRA’s duty to direct an alternative water supply licensee to provide the supply
- 34Duties of water supply licensee directed to supply premises
- 35Saving for customer liability
- Chapter 2: Identifying a supplier where none can be found
- 36Introduction
- 37Undertaker’s duty to notify person of retail exit
- 38Undertaker’s duty to supply etc. pending identification of water supply licensee
- 39Water supply licensee is identified
- 40Water supply licensee is not identified
- 41The WSRA’s duty to direct a water supply licensee to supply premises
- 42Duties of water supply licensee directed to supply premises
- Chapter 3: List of eligible water supply licensees
- 43List of eligible water supply licensees
- Chapter 4: Supplementary
- 44Guidance about directions and list of eligible water supply licensees
- 45Terms and conditions applying to performance of duties under Chapter 2
- Part 6: Identifying a provider of sewerage services in a retail exit area
- Chapter 1: Identifying a new provider where a customer has switched provider
- 46Introduction
- 47Customer’s right to apply for appointment of alternative sewerage licensee
- 48The WSRA’s duty to direct an alternative sewerage licensee to provide sewerage services
- 49Duties of sewerage licensee directed to provide sewerage services to premises
- 50Saving for customer liability
- Chapter 2: Identifying a provider where none can be found
- 51Introduction
- 52Undertaker’s duty to notify person of retail exit
- 53Undertaker’s duty to provide services etc. pending identification of sewerage licensee
- 54Sewerage licensee is identified
- 55Sewerage licensee is not identified
- 56The WSRA’s duty to direct a sewerage licensee to provide services
- 57Duties of sewerage licensee directed to provide services
- Chapter 3: List of eligible sewerage licensees
- 58List of eligible sewerage licensees
- Chapter 4: Supplementary
- 59Guidance about directions and list of eligible sewerage licensees
- 60Terms and conditions applying to performance of duties under Chapter 2
- 61Amendment or revocation of local statutory provisions
- Part 7: Consequential amendments and review
- 62Consequential amendments
- 63Review
- Signature
- Schedule 1: Transfer schemes
- 1Introduction
- 2Making of scheme
- 3Approval and modification by the WSRA
- 4Identification of property etc. to be transferred
- 5Property, rights and liabilities that may be transferred
- 6Division of property, rights or liabilities
- 7Payments
- 8Supplementary provision
- 9Staff
- 10Effect of transfer scheme
- Schedule 2: Consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Explanatory note