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The Water and Sewerage Services (Northern Ireland) Order 2006

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Determinations under conditions of appointmentN.I.
This section has no associated Explanatory Memorandum

19.—(1) Without prejudice to the generality of sub-paragraph (a) of Article 18(1), conditions included in an appointment by virtue of that sub-paragraph may—

(a)require the appointed company to comply with any direction given by the Authority as to such matters as are specified in the appointment or are of a description so specified; and

(b)require the appointed company, except in so far as the Authority consents to the company's doing or not doing them, not to do or to do such things as are specified in the appointment or are of a description so specified.

(2) Without prejudice as aforesaid, such conditions may provide for the reference to and determination by—

(a)the Department or the Authority; or

(b)on a reference by the Authority, the [F1CMA],

of such questions arising under the appointment and of such other matters, including (in the case of references to [F2the CMA]) disputes as to determinations by the Authority, as are specified in the appointment or are of a description so specified.

(3) Where any question or other matter falls to be determined by the [F3CMA] in pursuance of a provision contained in an appointment under this Chapter—

(a)it shall be the duty of the Authority, on being required to do so by the company holding that appointment, to refer that question or matter to [F4the CMA]; and

(b)it shall be the duty of [F4the CMA] to determine any question or other matter referred by virtue of sub-paragraph (a) in accordance with the principles which apply, by virtue of Part II, in relation to determinations under this Chapter by the Authority.

(4) For the purposes of paragraph (3), where—

(a)the question or matter referred to the [F5CMA] concerns the review of a price control imposed on the company holding the appointment; and

(b)[F6the CMA] is to decide to what extent it is reasonable to take into account in its determination costs incurred or borne by the company in connection with the reference,

[F6the CMA] shall also have regard to the extent to which, in its view, its determination is likely to support the company's (rather than the Authority's) claims in relation to the question or matter referred to it.

(5) Paragraphs (4) and (5) of Article 21, and Articles 26 and 27 apply to references to the [F7CMA] under this Article as they apply to references under Article 21.

(6) A report of the [F8CMA] on a reference under this Article—

(a)shall be made to the Authority; and

(b)shall include definite conclusions on the questions or other matters comprised in the reference, together with such an account of its reasons for those conclusions as, in the opinion of [F9the CMA], is expedient for facilitating a proper understanding of those questions or other matters and of its conclusions,

and paragraphs (10) and (11) of Article 24 apply to such a report as they apply to a report on a reference under Article 21.

[F10(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act, as applied by paragraph (5) read with Article 27).]

Textual Amendments

Commencement Information

I1Art. 19 wholly in operation at 1.4.2007; art. 19 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); art. 19(1)(2) in operation at 22.3.2007 and art. 19 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2, Sch. 1 (subject to art. 3, Sch. 2)

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