Section 66H Designation of collective strategic supplyF1

England and Wales

(1)

Subsection (2) below applies if at any time the Authority determines that two or more introductions of water—

(a)

which are made by a licensed water supplier; and

(b)

which a water undertaker is required to permit under section 66B or 66C above in accordance with F2section 66D agreements,

constitute a collective strategic supply of water.

(2)

The Authority shall designate the introductions as a collective strategic supply.

(3)

Subsection (4) below applies if—

(a)

a water undertaker requests the Authority to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of subsection (1) above, or

(b)

the Authority otherwise proposes to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of that subsection.

(4)

The Authority shall give notice of the request or proposed determination to—

(a)

the Secretary of State;

(b)

the Assembly;

(c)

the Environment AgencyF3, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England;

(F4ca)

the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;

(d)

the other party or parties, or the parties, to F5the section 66D agreements; and

(e)

such other persons (if any) as the Authority thinks it appropriate to notify.

(5)

Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.

(6)

The Authority shall consider any representations or objections which are duly made and not withdrawn.

(7)

If the Authority determines that introductions designated under this section as a collective strategic supply no longer constitute such a supply, it shall cancel their designation.

(8)

If the Authority proposes to make a determination under subsection (7) above that introductions no longer constitute a collective strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.

(9)

Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).

(10)

For the purposes of this section, introductions of water are a collective strategic supply if, without those introductions being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customersF6, and supplies which it is obliged to make under F7section 66AA or 66C, as well as supplying the F8relevant customers of a water supply licensee with water for domestic purposes.

(F911)

A person is a relevant customer of a water supply licensee if an introduction of water is made by reference to the supply of water to that person's premises in accordance with—

(a)

a retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), or

(b)

a restricted retail authorisation of the licensee requesting the introduction of water.

Annotations

Textual amendments

F1: Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)
F2: Words in s. 66H(1)(b) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(2); S.I. 2017/462, art. 3(i)(v)
F3: Words in s. 66H(4)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 235(2) (with Sch. 7)
F4: S. 66H(4)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 235(3) (with Sch. 7)
F5: Words in s. 66H(4)(d) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(3); S.I. 2017/462, art. 3(i)(v)
F6: Words in s. 66H(10) inserted (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 5 para. 7(2) (with s. 49(1)(6)); S.I. 2011/694, art. 3(j)
F7: Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(a); S.I. 2017/462, art. 3(i)(v)
F8: Words in s. 66H(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(4)(b); S.I. 2017/462, art. 3(i)(v)
F9: S. 66H(11) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 8(5); S.I. 2017/462, art. 3(i)(v)

Notes on Part III

Modifications

C1: Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
C2: Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
C3: Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C4: Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C5: Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Notes on Chapter 2A

Textual amendments

F2: S. 66A-66C and cross-heading substituted (1.4.2017 for the substitution of ss. 66A, 66AA, 66C) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 1; S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)

Modifications

C1: Pt. 3 Ch. 2A applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 38

Notes on Duties of undertakers to supply water supply licensees etc

Textual amendments

F2: S. 66A-66C and cross-heading substituted (1.4.2017 for the substitution of ss. 66A, 66AA, 66C) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 1; S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)