[F1[F266DACodes in respect of section 66D agreementsE+W
(1)The Authority may issue one or more codes in respect of section 66D agreements.
(2)A code may make provision about—
(a)procedures in connection with making a section 66D agreement;
(b)procedures in connection with varying or terminating a section 66D agreement;
(c)the terms and conditions of a section 66D agreement, including terms as to the duration of such an agreement;
(d)principles for determining the terms and conditions that should or should not be incorporated into a section 66D agreement.
(3)A code may make provision about the steps to be taken by the Authority in determining for the purposes of section 66D(2) whether a water undertaker is, in the particular case, required to perform a duty under sections 66A to 66C.
(4)If the Authority considers that a water undertaker or a water supply licensee is not acting as required by a code, the Authority may give the undertaker or the licensee a direction to do, or not to do, a thing specified in the direction.
(5)The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.
(6)It is the duty of a water undertaker or a water supply licensee to comply with a direction under subsection (4), and this duty is enforceable by the Authority under section 18.
(7)A code may make—
(a)different provision for different persons or descriptions of person;
(b)different provision for different duties under sections 66A to 66C.
(8)The Authority may from time to time revise a code issued under this section and issue a revised code.
(9)A revised code may include provision for applying any of its revisions to section 66D agreements made before the revised code comes into effect.]]
Textual Amendments
F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)
F2Ss. 66DA-66DC inserted (1.9.2015 for the insertion of s. 66DB in part, 1.9.2015 for the insertion of s. 66DB(3), 1.4.2016 for the insertion of s. 66DB(1)(b) so far as not already in force, 30.3.2017 in so far as not already in force) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 4; S.I. 2015/773, art. 3(c) (with art. 5); S.I. 2015/1469, art. 3(d)(i); S.I. 2016/465, art. 2(j)(i) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/462, art. 2(c) (with art. 10)