Part IIIWater Supply
Chapter IISupply Duties
Other supplies
56Determinations on requests for non-domestic supplies
1
Subject to subsection (3) below, any terms or conditions or other matter which falls to be determined for the purposes of a request made by any person to a water undertaker for the purposes of section 55 above shall be determined—
a
by agreement between that person and the water undertaker; or
b
in default of agreement, by the Director according to what appears to him to be reasonable.
2
Subject to subsection (3) below, the Director shall also determine any dispute arising between any person and a water undertaker by virtue of subsection (3) or (4) of section 55 above.
3
The Director may, instead of himself making a determination under subsection (1) or (2) above, refer any matter submitted to him for determination under that subsection to the arbitration of such person as he may appoint.
4
For the purposes of any determination under this section by the Director or any person appointed by him it shall be for a water undertaker to show that it should not be required to comply with a request made for the purposes of section 55 above.
5
The charges in respect of a supply provided in compliance with any request made for the purposes of section 55 above—
a
shall not be determined by the Director or a person appointed by him, except in so far as, at the time of the request, no provision is in force by virtue of a charges scheme under section 143 below in respect of supplies of the applicable description; and
b
in so far they do fall to be determined, shall be so determined having regard to the desirability of the undertaker's—
i
recovering the expenses of complying with its obligations under section 55 above; and
ii
securing a reasonable return on its capital.
6
To the extent that subsection (5)(a) above excludes any charges from a determination under this section, those charges shall be fixed from time to time by a charges scheme under section 143 below, but not otherwise.
7
The determination of any matter under this section shall be without prejudice to the provisions of sections 233 and 372 of the [1986 c. 45.] Insolvency Act 1986 (conditions of supply after insolvency).