Part 1

Water industry
CHAPTER 4

Retail exit: non-household premises

General directions
50
1
Exit regulations may make provision for the Secretary of State to publish, from time to time, a statement setting out general directions for the WSRA and the CMA as regards the carrying out of their relevant functions in circumstances where the WSRA or the CMA, in carrying out those functions, might be able—
a
to require or bring about an exit application, or
b
to have an effect as regards the making of an exit application.
2
Exit regulations may require the WSRA and the CMA to carry out their relevant functions in accordance with any statement published under the regulations.
3
Exit regulations may make provision about formulating a statement to be published under the regulations, and may in particular—
a
require the Secretary of State to have regard to—
i
the duties of the WSRA mentioned in section 2(1)(b) of the Water Industry Act 1991,
ii
the duties of the CMA under the Competition Act 1998 or the Enterprise Act 2002, and
iii
the protection of the interests of consumers (within the meaning of section 2 of the Water Industry Act 1991), and
b
enable the Secretary of State to have regard to such other matters as the Secretary of State thinks fit.
4
Exit regulations may make provision for the Secretary of State, before publishing a statement under the regulations, to consult—
a
the WSRA,
b
the CMA,
c
the Consumer Council for Water,
d
relevant undertakers,
e
water supply licensees and sewerage licensees,
f
the Welsh Ministers, and
g
anyone else the Secretary of State thinks appropriate.
5
Exit regulations may—
a
require the Secretary of State to lay a draft of a statement before Parliament before publishing it;
b
require the Secretary of State to wait for a period specified in or determined under the regulations after laying the draft statement under paragraph (a);
c
prohibit the Secretary of State from publishing it if, within that period, either House of Parliament resolves not to approve it.
6
In this section “relevant function” means—
a
in relation to the WSRA, a function mentioned in section 2(1)(b) of the Water Industry Act 1991;
b
in relation to the CMA, a function of the CMA under the Competition Act 1998 or the Enterprise Act 2002.