The Water and Sewerage Services Licences (Cross-Border Applications) (Scotland) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under paragraph 1A of schedule 2 to the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”) and makes provision about the treatment of applications for licences forwarded to the Water Industry Commission for Scotland (“the Commission”) by the Water Services Regulation Authority (“the Authority”) in England and Wales.

Section 6 of the Water Act 2014 inserts section 17FB of the Water Industry Act 1991 (“the 1991 Act”). Section 17FB of the 1991 Act places a duty on the Authority in England and Wales to forward certain applications made to it under section 17F of the 1991 Act, for the grant of a water supply licence giving a retail authorisation or restricted retail authorisation, or sewerage licence giving retail authorisation, to the Commission when requested to do so by the applicant. An equivalent duty is placed on the Commission by virtue of paragraph 1B of schedule 2 to the 2005 Act.

This Order makes provision for the Commission to treat such applications forwarded by the Authority under section 17FB of the 1991 Act as also being an application for the grant of a water services licence or sewerage services licence under paragraph 1 of schedule 2 to the 2005 Act, being the equivalent licences in Scotland.

The Commission is only required to treat such an application as having been made under the 2005 Act if the conditions in article 2(2) are met.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.