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Regulation 45D Water operator calculationsF1

(1)

For the purposes of paragraph 3(4)(d) of Schedule 4 to the 2023 Act—

(a)

the amount of drinking water supplied to the network is to be calculated using the total amount of drinking water supplied by the operator to the network during the relevant period, and

(b)

the amount of drinking water produced by the operator is to be calculated using the total amount of drinking water produced by the operator during the relevant period.

(2)

Where the amount of drinking water supplied by the operator to the network or the amount of drinking water produced by the operator is not available for the entirety of the relevant period because the operator was created or commenced their activities after the beginning of the relevant period, the amount of drinking water supplied and the amount of drinking water produced is to be calculated in accordance with paragraph (3).

(3)

The amount of drinking water supplied by the operator to the network and the amount of drinking water produced by the operator is to be calculated—

(a)

where there has been no drinking water supplied or produced during the relevant period, using credible business projections for a three-year period starting from the date of contract award;

(b)

in any other case, using—

(i)

any drinking water supplied to the network or drinking water produced, as the case may be, during the relevant period, and

(ii)

credible business projections, starting from the date of contract award, for such part of the three-year period as are not covered by paragraph (i).

(4)

In this regulation—

  • “quarter” (“chwarter”) means a period of three months beginning with 1 January, 1 April, 1 July or 1 October in any given year;

  • “relevant period” (“cyfnod perthnasol”) means either—

    1. (a)

      the period of three years ending with the date of contract award, or

    2. (b)

      where information relating to drinking water supplied or produced for the period in sub-paragraph (a) is not available, a three-year period corresponding with the accounting periods of the operator, ending with the last quarter before the date of contract award for which the operator has such information available.

Annotations

Textual amendments

F1

Regs. 45A-45D inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 6