Part 1

Water industry
CHAPTER 4

Retail exit: non-household premises

Operation of retail market: charges etc
47
1
Exit regulations may make provision for water supply licensees and sewerage licensees, that are providing or proposing to provide services under their water supply or sewerage licences in relation to a retail exit area, to make, and from time to time revise, a scheme containing the terms and conditions which, in the absence of agreed terms and conditions, are to apply to such services.
2
Provision under subsection (1) may include—
a
provision for a scheme to make different provision for different purposes, or different areas;
b
provision about the publication of a scheme or revised scheme;
c
provision about sending a copy of a scheme or revised scheme to the WSRA;
d
provision enabling the WSRA to direct that terms or conditions be modified generally or in a particular case;
e
provision requiring a licensee to comply with a direction under paragraph (d), including provision for enforcing such a duty under section 18 of the Water Industry Act 1991.
3
Provision under subsection (1) may also include—
a
provision requiring the WSRA to issue a code about providing services to which a scheme under subsection (1) relates;
b
provision for the code to include, in particular, provision about—
i
the terms and conditions contained in such schemes;
ii
licensees informing owners or occupiers of premises about their schemes before agreeing any terms and conditions for the provision of services;
c
provision for the WSRA, if it considers that a licensee is not acting as required by such provision as is described in paragraph (b), to give the licensee a direction to do, or not to do, a particular thing specified in the direction;
d
provision requiring a licensee to comply with a direction under paragraph (c), including provision for enforcing such a duty under section 18 of the Water Industry Act 1991;
e
provision requiring the WSRA from time to time to review the code and, if appropriate, to issue a revised code.
4
Exit regulations may make provision for the WSRA to issue and enforce—
a
rules about charges for services that may be imposed by water supply or sewerage licensees in relation to a retail exit area;
b
if exit regulations make provision for licensees to make schemes about such charges, rules about such schemes.
5
Provision under subsection (4) may include—
a
provision for the rules to make different provision for different cases;
b
provision for the WSRA to direct a licensee to comply with the rules;
c
provision for such directions to be enforceable by the WSRA under section 18;
d
provision for the Secretary of State to issue guidance as to the content of the rules;
e
provision for the Secretary of State to prevent rules being issued.
S. 47 in force at 6.4.2015 by S.I. 2015/773, art. 2(2)(b)(vi) (with art. 5)