Regulation 2 Interpretation

In these Regulations—

• “the Act” means the Water Industry Act 1991;

• “appellant” means a person who has been granted permission to appeal in accordance with regulation 6;

• “authorised member of the CMA”—

  1. (a)

     in relation to a power exercisable in connection with an appeal, means a member of the CMA group who has been authorised by the chair of the CMA to exercise that power;

  2. (b)

     in relation to a power exercisable in connection with an application for permission to appeal, or otherwise in connection with an appeal in respect of which a CMA group is being constituted by the chair of the CMA, means—

     1. (i)

        any member of the CMA Board who is also a member of the CMA panel, or

     2. (ii)

        any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;

• “Authority decision” means a decision taken by the Authority on or after the commencement date—

  1. (a)

     to revise a designated code; or

  2. (b)

     following consultation under the Act, not to revise a designated code;

• “the CMA” means the Competition and Markets Authority;

• “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013^f1;

• “CMA group” means a group constituted by the chair of the CMA under Part 3 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under regulation 4;

• “commencement date” means the day on which these Regulations come into force in accordance with regulation 1(2);

• “intervener” means a person who has become a party to an appeal in pursuance of a direction under regulation 7(5);

• “sewerage licence” means a sewerage licence granted with a retail authorisation under section 17BA of the Act^f2, and “sewerage licensee” is to be interpreted accordingly;

• “undertaker” means either a water or sewerage undertaker;

• “water supply licence” means a water supply licence granted with a retail authorisation or a restricted retail authorisation under section 17A of the Act^f3, and “water supply licensee” is to be interpreted accordingly;

• “Wholesale-Retail Code” means the relevant designated code in the table in the Schedule;

• “working day” means any day other than—

  1. (a)

     a Saturday or Sunday;

  2. (b)

     Christmas Day or Good Friday; or

  3. (c)

     a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971^f4.

References in these Regulations to a party to an appeal are references to—