[F129FReview of determinations and chargesS
(1)This subsection applies where, since the making of a determination under section 29B(1)(a), there has been or is likely to be material change to—
(a)Scottish Water's income from charges for services provided in the exercise of its core functions,
(b)the amount of—
(i)any grants paid to it under subsection (1) of section 42,
(ii)money it may borrow under subsection (3) of that section, or
(iii)any other resources reasonably available to it,
for the purposes of the exercise of those functions, or
(c)the expenditure required for the effective exercise of those functions.
(2)Where subsection (1) applies, Scottish Water—
(a)may of its own accord,
(b)must, if the Commission requests it to do so,
send to the Commission proposals for revising the maximum amounts of charges determined under section 29B(1)(a).
(3)The Commission—
(a)must, after receipt of the proposals, review those amounts, and
(b)may revise those amounts to such extent as it thinks fit.
(4)In reviewing those amounts, the Commission must take into account all matters affecting the resources available to Scottish Water for the purposes of the exercise of its core functions.
(5)Before revising those amounts, the Commission must—
(a)intimate to the Scottish Ministers that revision of those amounts is under consideration,
(b)invite (by way of advertisement or otherwise) representations as regards revision of those amounts by such time as the Commission may specify, and
(c)have regard to any representations made to the Commission by virtue of paragraph (a) or (b).
(6)The Commission must give its reasons for deciding whether or not to revise those amounts.
(7)Where the Commission revises those amounts, it must send to Scottish Water written notice which specifies the revised amounts.
(8)Scottish Water—
(a)may, after receipt of the notice, revise any charges fixed by the charges scheme by reference to the revised amounts specified in the notice, and
(b)if it does so, must send written notice of the revised charges to the Commission for approval.
(9)The Commission may approve any revised charges with or without modifications.
(10)If the Commission approves any revised charges with modifications, it must give its reasons for doing so.
(11)When revised charges are approved by the Commission, Scottish Water must publish a summary of the revised charges and the date from which they have effect.
(12)The date from which the revised charges have effect is to be determined by the Commission.]
Textual Amendments
F1Ss. 29-29G substituted for s. 29 (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2