SCHEDULE 1 E+WAPPLICATION OF THE ACT AND RELATED PROVISIONS

Special administration E+W

7.—(1) Section 249 M1 (special administration regimes) of the Enterprise Act 2002 applies as if—

(a) in subsection (1) (saving in relation to the replacement of Part 2 of the Insolvency Act 1986), after paragraph (aa) (saving for qualifying [F1 water supply licensee]), there were inserted—

“(ab) a licensed infrastructure provider within the meaning of the Water Industry Act 1991,”; and

(b) subsections (3) to (5) were repealed.

(2) Section 23 M2 (meaning and effect of special administration order) applies as if—

(a) in subsection (1) (meaning of special administration order), after “qualifying [F1 water supply licensee]”, there were inserted “ or a licensed infrastructure provider ”;

(b) after subsection (2A) (purposes of a special administration order for qualifying [F2 water supply licensees]), there were inserted—

“(2AA) The purposes of a special administration order made in relation to any company which is a licensed infrastructure provider shall be—

(a) the transfer to another company or companies, as a going concern, of so much of the company's undertaking as it is necessary to transfer in order to ensure that its functions may be properly carried out; and

(b) the carrying out of those functions pending the making of the transfer.”; and

(c) in subsection (4) (application of Schedule 2 to the Act)—

(i) at the end of paragraph (a), “or” were repealed; and

(ii) after paragraph (a), there were inserted—

“(aa) a company carries on activities relating to the functions formerly carried on by a licensed infrastructure provider; or”.

(3) Section 24 M3 (special administration orders made on special petitions) applies as if—

(a) in subsection (1) (applications for special administration orders made in relation to relevant undertakers), after “this Part”, there were inserted “ or is a licensed infrastructure provider ”;

(b) in subsection (2) (grounds for making applications for special administration orders)—

(i) in paragraph (bb) (qualifying [F1 water supply licensee] causing contravention of a principal duty of a water undertaker)—

(aa) in the words preceding sub-paragraph (i), after “qualifying [F1 water supply licensee]”, there were inserted “ or a licensed infrastructure provider ”; and

(bb) in sub-paragraph (i), for “water undertaker”, there were substituted “ relevant undertaker ”; and

(ii) in paragraph (d) (petition by the Secretary of State following company inspector's report), after “qualifying [F1 water supply licensee]”, there were inserted “ or a licensed infrastructure provider ”; and

(c) in subsection (7) (meaning of principal duty), in paragraph (b), after “qualifying [F1 water supply licensee]”, there were inserted “ or a licensed infrastructure provider ”.

(4) Schedule 3 M4 (special administration orders) applies without modification.

(5) Section 25 M5 (power to make special administration order on winding-up petition) applies as if, after “qualifying [F1 water supply licensee]”, in each place it occurs, there were inserted “ or a licensed infrastructure provider ”.

(6) Section 26 M6 (restrictions on voluntary winding-up and insolvency proceedings) applies as if, after “qualifying [F1 water supply licensee]” there were inserted “ or a licensed infrastructure provider ”.

(7) The provisions of the Water Industry (Special Administration) Rules 2009 apply as if—

(a) in rule 3 (definitions and interpretation), in paragraph (1)—

(i) following definition were inserted at the appropriate place—

““infrastructure” in relation to a licensed infrastructure provider (within the meaning of the Water Industry Act 1991) has the meaning given in the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013;” and

(ii) in the definition of “water company” after “qualifying [F1 water supply licensee]”, there were inserted “ or a licensed infrastructure provider ”;

(b) in rule 8 (contents of affidavit), in paragraph (1)(a), after “qualifying [F1 water supply licensee]”, there were inserted “ or a licensed infrastructure provider ”;

(c) in rule 11 (service of petition), in paragraph (2) (persons who must be served)—

(i) in sub-paragraph (j) after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales), ”;

(ii) sub-paragraph (k) were omitted; and

(iii) in sub-paragraph (l), after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”;

(d) in rule 17 (notice and advertisement of special administration order), in paragraph (4), “, the Welsh Ministers” were omitted;

(e) in rule 18 (notice of discharge of special administration order), after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”;

(f) in rule 23 (resignation of special administrator), in paragraph (3)(a), “or the Welsh Ministers, as appropriate” were omitted;

(g) in rule 24 (special administrator's death in office), in paragraph (2)(a), “or the Welsh Ministers, as appropriate” were omitted;

(h) in rule 25 (order filling vacancy), in sub-paragraph (c), “or the Welsh Ministers, as appropriate” were omitted;

(i) in rule 35 (statement if special administration order to be discharged before statement of proposals), “, the Welsh Ministers” were omitted;

(j) in rule 65 (right of inspection of proxies), in paragraph (1)(e), after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”; and

(k) in rule 82 (certain persons' right to inspect the court file), in paragraph (1)(d) after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”.

Textual Amendments

F1 Words in Sch. 1 para. 7 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(10)(a)

F2 Words in Sch. 1 para. 7(2)(b) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(10)(b)

Marginal Citations

M1 Section 249 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

M2 Section 23 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Section 23 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are only in force for limited purposes.

M3 Section 24 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Section 24 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are not yet in force.

M4 Schedule 3 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003 and by S.I. 2009/1941. Schedule 3 was repealed by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are not yet in force.

M5 Section 25 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

M6 Section 26 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.