Part 1

Water industry
CHAPTER 4

Retail exit: non-household premises

Transfer of undertaking
45
1
Exit regulations about the transfer of a part of a relevant undertaker’s undertaking may include provision for the making of a scheme to transfer property, rights and liabilities where an exit application has been granted.
2
Exit regulations about the transfer of a part of a relevant undertaker’s undertaking may include provision about arrangements under Chapter 1 of Part 5 of the Water Industry Act 1991 for fixing, demanding and recovering charges.
3
Provision under subsection (2) may include—
a
provision for and in connection with treating such arrangements as if they were agreements between the undertaker and the person liable to pay such charges;
b
provision about the terms and conditions of such agreements.
4
Exit regulations may make provision for a scheme under subsection (1) to contain—
a
provision identifying the property, rights and liabilities to be transferred (which may include property, rights and liabilities that would not otherwise be capable of being transferred);
b
provision for the division of property, rights and liabilities, including—
i
provision creating an interest in or right over property;
ii
provision creating new rights and liabilities;
iii
incidental provision as to the property, rights and liabilities of other persons;
c
provision about the consideration to be provided (and about the enforcement of such provision).
5
Subsection (4) is not exhaustive of what a scheme may contain.