Part IIE+W APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

[F1CHAPTER 1AE+W [F2Water supply licences and sewerage licences]

Textual Amendments

F1Pt. 2 Ch. 1A inserted (1.4.2004 for specified provisions and purposes and 1.8.2005 for further specified provisions and purposes and 1.10.2005 for further specified provisions and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/968, art. 3(b) (with savings in art. 4, Sch. 1, 2); S.I. 2005/2714, arts. 2(h), 3(a) (with Sch. para. 5)

F2Pt. 2 Ch. 1A heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 9; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(e) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Modifications etc. (not altering text)

Granting of licencesE+W

17DThe threshold requirementE+W

(1)This section applies for the purpose of construing the reference to the threshold requirement in [F3paragraph 7(b) of Schedule 2A] in relation to the supply of water to any premises [F4in accordance with a restricted retail authorisation].

(2)The requirement is that, at the time when the [F5water supply licensee] first enters into an undertaking with a customer to give the supply, the total quantity of water estimated to be supplied to the premises annually pursuant to the undertaking [F6is not less than—

(a)5 megalitres, in the case of premises supplied with water using the supply system of a water undertaker whose area is wholly or mainly in England, and

(b)50 megalitres, in the case of premises supplied with water using the supply system of a water undertaker whose area is wholly or mainly in Wales].

(3)Any estimate of the quantity of water to be supplied to any premises for the purposes of subsection (2) above shall be made in accordance with guidance issued [F7from time to time] by the Authority with the approval of [F8the Welsh Ministers].

(4)Any guidance issued under subsection (3) above may, in particular—

(a)specify—

(i)the factors to be, and not to be, taken into account;

(ii)the assumptions to be made; and

(iii)the method of calculation to be employed,

in making estimates; and

(b)make provision as to the commencement of the annual periods by reference to which estimates are to be made.

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F11The Welsh Ministers] may make provision by regulations as to the circumstances in which a [F12water supply licensee] is not, for the purposes of subsection (2) above, to be treated as entering into an undertaking with a new customer to give a supply of water to any premises F13....

(8)[F14The Welsh Ministers] may by regulations amend subsection (2) above by substituting, for the quantity of water for the time being specified there, a different quantity of water F15....

(9)Regulations under subsection (8) above—

(a)shall include provision for the amendment made by the regulations not to apply in relation to any undertaking entered into before the date on which the regulations come into force; and

(b)may include provision for that amendment not to apply in relation to any undertaking which is proposed, but not entered into, before that date.

(10)A statutory instrument containing regulations under subsection (8) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, [F16the Assembly].

(11)Before making regulations under subsection (8) above, [F17the Welsh Ministers] shall consult—

(a)the Authority; and

(b)such other persons (if any) as [F18the Welsh Ministers think] it appropriate to consult.

F19(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3Words in s. 17D(1) substituted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(2)(a); S.I. 2015/1938, art. 3(f)(ii) (with art. 4)

F4Words in s. 17D(1) inserted (1.1.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(2)(b); S.I. 2015/1938, art. 3(f)(ii) (with art. 4)

F5Words in s. 17D(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(g) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F7Words in s. 17D(3) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(4)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F8Words in s. 17D(3) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(4)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F11Words in s. 17D(7) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(7)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F12Words in s. 17D(7) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(7)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F13Words in s. 17D(7) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(7)(c); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F14Words in s. 17D(8) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(8)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F15Words in s. 17D(8) repealed (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(8)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F16Words in s. 17D(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(9); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F17Words in s. 17D(11) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(10)(a); S.I. 2017/462, art. 3(k)(iv) (with art. 11)

F18Words in s. 17D(11) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 12(10)(b); S.I. 2017/462, art. 3(k)(iv) (with art. 11)