PART 3Transfer of undertaking

Determinations by the WSRA

19.—(1) Where a relevant undertaker has withdrawn from the non-household retail market, the WSRA may determine—

(a)whether premises in the retail exit area are transferred premises for the purpose of these Regulations;

(b)whether a person who was a customer of the relevant undertaker immediately before the exit date is a transferred customer for the purpose of these Regulations.

(2) The WSRA may make a determination under paragraph (1) only on the application of—

(a)a relevant undertaker,

(b)a water supply licensee or sewerage licensee, or

(c)the owner or occupier of the premises.

(3) The WSRA may require a relevant undertaker, a water supply licensee or a sewerage licensee to provide information or other assistance for the purpose of enabling the WSRA to make a determination in accordance with paragraph (1).

(4) A requirement imposed under paragraph (3)is enforceable under section 18 of the 1991 Act.

(5) Section 195A of the 1991 Act (reasons for decisions) applies as if the making of a determination under paragraph (1) were included in the list of decisions in subsection (1) of that section.