Paragraph 6 Enforcement

(1)

Section 18 (orders for securing compliance with certain provisions) applies as if, in subsection (1A)(b) (power to make final enforcement order where licensed water supplier is causing or contributing to contravention by relevant undertaker), in sub-paragraph (i), after “this Part”, there were inserted “or another company holding a licence under Chapter 1A of this Part”.

(2)

Sections 19^f1 (exceptions to the duty to enforce), 20^f2 (procedure for enforcement orders), 21 (validity of enforcement orders) and 22^f3 (effect of enforcement order) apply without modification.

(3)

Section 22A^f4 (penalties) applies as if—

(a)

in subsection (1)(b) (power to impose financial penalties on those licensed under Chapter 1A of Part 2 in relation to contraventions of appointment or licence conditions), in sub-paragraph (ii), after “the appointment”, there were inserted “or by another company holding a licence under Chapter 1A of this Part of any condition of that licence”; and

(b)

in subsection (2)(b) (power to impose financial penalties on those licensed under Chapter 1A of Part 2 in relation to contraventions of enforceable statutory or other requirements), in sub-paragraph (ii), after “Part” there were inserted “, or by another company holding a licence under Chapter 1A of this Part,”.

(4)

Sections 22B (statement of policy with respect to penalties), 22C (time limits on financial penalties), 22D (interest and payments of instalments), 22E (appeals) and 22F (recovery of penalties) apply without modification.

Annotations

Footnotes

f1: Section 19 was amended by section 54 of, and Schedule 10 to, the Competition Act 1998, section 101(1) of, and Schedule 8 to, the Water Act 2003, S.I. 2000/1297 and 2010/996.
f2: Section 20 was amended by sections 49 and 101(1) of, and Schedule 8 to, the Water Act 2003.
f3: Section 22 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.
f4: Sections 22A to 22F were inserted by section 48 of the Water Act 2003.