Water Industry Act 1991

[F166GDesignation of strategic supplyE+W

(1)Subsection (2) below applies if at any time the Authority determines that an introduction of water which a water undertaker is required to permit under section 66B or 66C above in accordance with [F2a section 66D agreement] constitutes a strategic supply of water.

(2)The Authority shall designate the introduction as a strategic supply.

(3)Subsection (4) below applies if—

(a)a water undertaker requests the Authority to make a determination that an introduction of water constitutes a strategic supply for the purposes of subsection (1) above, or

(b)the Authority otherwise proposes to make a determination that an introduction of water constitutes a strategic supply for the purposes of that subsection.

(4)The Authority shall give notice of the request or proposed determination to—

(a)the Secretary of State;

(b)the Assembly;

(c)the Environment Agency[F3, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in England];

[F4(ca)the NRBW, if the request or proposed determination relates to an introduction of water to the supply system of a water undertaker for the purpose of supplying water to premises in Wales;]

(d)the other party or parties, or the parties, to [F5the section 66D agreement]; and

(e)such other persons (if any) as the Authority thinks it appropriate to notify.

(5)Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.

(6)The Authority shall consider any representations or objections which are duly made and not withdrawn.

(7)If the Authority determines that an introduction designated under this section as a strategic supply no longer constitutes such a supply, it shall cancel its designation.

(8)If the Authority proposes to make a determination under subsection (7) above that an introduction no longer constitutes a strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.

(9)Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).

(10)For the purposes of this section, an introduction of water is a strategic supply if, without that introduction being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customers[F6, and supplies which it is obliged to make under [F7section 66AA] or 66C,] as well as supplying [F8relevant customers of a water supply licensee] with water for domestic purposes.

[F9(11)A person is a relevant customer of a water supply licensee if the introduction of water in question is made by reference to the supply of water to that person's premises in accordance with—

(a)a retail authorisation (whether that retail authorisation is an authorisation of the licensee requesting the introduction of water or another water supply licensee's authorisation), or

(b)a restricted retail authorisation of the licensee requesting the introduction of water.]]