Regulation 2 InterpretationI1
England and Wales
In these Regulations—
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“the Act” means the Water Industry Act 1991;
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“appellant” means a person who has been granted permission to appeal in accordance with regulation 6;
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“authorised member of the CMA”—
- (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;
- (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—
- (i)
any member of the CMA Board who is also a member of the CMA panel, or
- (ii)
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;
- (i)
- (a)
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“Authority decision” means a decision taken by the Authority on or after the commencement date—
- (a)
to revise a designated code; or
- (b)
following consultation under the Act, not to revise a designated code;
- (a)
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“the CMA” means the Competition and Markets Authority;
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“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013f1;
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“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;
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“commencement date” means the day on which these Regulations come into force in accordance with regulation 1(2);
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“intervener” means a person who has become a party to an appeal in pursuance of a direction under regulation 7(5);
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“sewerage licence” means a sewerage licence granted with a retail authorisation under section 17BA of the Actf2, and “sewerage licensee” is to be interpreted accordingly;
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“undertaker” means either a water or sewerage undertaker;
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“water supply licence” means a water supply licence granted with a retail authorisation or a restricted retail authorisation under section 17A of the Actf3, and “water supply licensee” is to be interpreted accordingly;
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“Wholesale-Retail Code” means the relevant designated code in the table in the Schedule;
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“working day” means any day other than—
- (a)
a Saturday or Sunday;
- (b)
Christmas Day or Good Friday; or
- (c)
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971f4.
- (a)
References in these Regulations to a party to an appeal are references to—
the appellant;
an intervener; or
the Authority.
Annotations
Commencement
- I1
Reg. 2 in force at 6.4.2017, see reg. 1(2)
Footnotes
- f1
- f2
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Section 17BA was inserted by section 4(1) of the Water Act 2014 (c. 21). It is prospectively amended by paragraph 7 of Schedule 5 to the Water Act 2014 from a date to be appointed.
- f3
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Section 17A was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003 (c. 37) and substituted by section 1(1) of the Water Act 2014. It is prospectively amended by paragraph 4 of Schedule 5 to the Water Act 2014 from a date to be appointed.
- f4