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Water Act 2003

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This is the original version (as it was originally enacted).

Water Industry Act 1991 (c. 56)

This section has no associated Explanatory Notes

6(1)Section 20 (procedure for enforcement orders) is amended as follows.

(2)In subsection (1)—

(a)after “final enforcement order” there is inserted “under section 18(1) above”; and

(b)after “provisional enforcement order” there is inserted “in a case in which section 18(4)(a)(i) or (ii) above applies”.

(3)After that subsection there is inserted—

(1A)Before making a final enforcement order under section 18(1A) above or confirming a provisional enforcement order in a case in which section 18(4)(a)(iii) or (iv) above applies, the Secretary of State or the Authority shall give notice—

(a)stating that he or it proposes to make or confirm the order and setting out the effect of the order;

(b)setting out—

(i)the condition or requirement for the purposes of securing compliance with which the order is to be made or confirmed;

(ii)the acts or omissions which, in his or its opinion, cause or contribute to or would cause or contribute to the contravention of that condition or requirement; and

(iii)the other facts which, in his or its opinion, justify the making or confirmation of the order; and

(c)specifying the period (not being less than twenty-one days from the date of publication of the notice) within which representations or objections to the proposed order or proposed confirmation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4)In subsection (2), after “subsection (1)” there is inserted “or (1A)”.

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