17FAApplications forwarded by the Water Industry Commission for Scotland

1

The Secretary of State may by regulations make provision about—

a

treating a 2005 Act application for the grant of a water services licence under section 6 of the 2005 Act as being also an application under section 17F for the grant of a water supply licence giving only a retail authorisation or a restricted retail authorisation or both;

b

treating a 2005 Act application for the grant of a sewerage services licence under section 6 of the 2005 Act as being also an application under section 17F for the grant of a sewerage licence giving only a retail authorisation.

2

The regulations may in particular make provision about—

a

the circumstances in which, and the conditions subject to which, a 2005 Act application is to be treated as an application under section 17F for a water supply or sewerage licence giving a particular authorisation or particular authorisations;

b

the time at which an application is to be treated as having been made;

c

the processing of an application by the Authority.

3

Provision under subsection (2)(a) may require a 2005 Act application that is forwarded to the Authority—

a

to contain, or to be accompanied by, such information or information of such description as is specified by the regulations;

b

to be accompanied by such documents or documents of such descriptions as are specified by the regulations;

c

to be accompanied by a fee, or a fee of a description, specified by the regulations.

4

In this section and section 17FB—

• “the 2005 Act” means the Water Services etc. (Scotland) Act 2005;

• “2005 Act application” means an application under paragraph 1 of Schedule 2 to the 2005 Act.

17FBApplications forwarded to the Water Industry Commission for Scotland

1

If the conditions in subsection (2) are satisfied, the Authority must—

a

forward to the Commission a copy of an application under section 17F for the grant of a water supply licence or sewerage licence, and

b

send to the Commission such information and such fee as appear to the Authority to be required in order that the application may be treated by the Commission as a 2005 Act application for the grant of—

i

a water services licence under section 6 of the 2005 Act, or

ii

a sewerage services licence under section 6 of the 2005 Act, as the case may be.

2

The conditions are that—

a

the Authority is requested to do so by the applicant;

b

the application under section 17F appears to the Authority to be an application that would be treated by the Commission as a 2005 Act application for the grant of—

i

a water services licence under section 6 of the 2005 Act, or

ii

a sewerage services licence under section 6 of the 2005 Act, as the case may be;

c

the applicant has given the Authority—

i

such information as is mentioned in subsection (1)(b), and

ii

a means of sending to the Commission such fee as is mentioned in subsection (1)(b).

3

The Authority must—

a

forward a copy of the application, and

b

send such information and fee as are mentioned in subsection (1)(b),

before the end of the agreed period for an application of that description.

4

In this section—

• “the agreed period”, in relation to an application under section 17F of a particular description, means the period agreed between the Authority and the Commission as the period applying to an application of that description for the purposes of subsection (3);

• “the Commission” means the Water Industry Commission for Scotland.