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There are currently no known outstanding effects for the The Water Supply and Sewerage Licences (Cross-Border Applications) Regulations 2016.
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(This note is not part of the Regulations)
Paragraph 1B of Schedule 2 to the Water Services etc. (Scotland) Act 2005 (asp 3) (“the 2005 Act”) requires the Water Industry Commission for Scotland (“the Commission”) to forward certain applications for the grant of a water services or sewerage services licence to the Water Services Regulation Authority (“Ofwat”) in England and Wales, subject to certain requirements. An equivalent duty is placed on Ofwat by section 17FB of the Water Industry Act 1991 (c. 56) (“the 1991 Act”).
These Regulations provide that such an application under the 2005 Act forwarded to Ofwat by the Commission is to be treated by Ofwat as if it was an application for the grant of a water supply licence or sewerage licence (with a retail or restricted retail authorisation) under the 1991 Act, if certain conditions are fulfilled. These conditions include that—
(a)the applicant has requested that the Commission forwards a copy of the licence application to Ofwat;
(b)the Commission has forwarded a copy of the licence application to Ofwat; and
(c)the licence application complies with the relevant provisions of a notice published by Ofwat under section 17F of the 1991 Act as to what information and documents are required and as to the fee to be paid to Ofwat.
These Regulations only apply to applications made to the Commission on or after 1st April 2016.
A full regulatory impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk.
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