Part 1Water industry

CHAPTER 4Retail exit: non-household premises

I147Operation of retail market: charges etc

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.