SCHEDULES

SCHEDULE 8E+WMinor and consequential amendments: licensing of water suppliers etc

Water Industry Act 1991 (c. 56)E+W

9(1)Section 24 (special administration orders made on special petitions) is amended as follows.E+W

(2)After subsection (1), there is inserted—

“(1A)If on an application made to the High Court by petition presented—

(a)by the Secretary of State (after consulting the Assembly); or

(b)with the consent of the Secretary of State (after consulting the Assembly), the Authority,

the Court is satisfied in relation to any company which is a qualifying licensed water supplier that any one or more of the grounds specified in subsection (2) below is satisfied in relation to that company, that Court may make a special administration order in relation to that company.”

(3)In subsection (2)—

(a)for “subsection (1)” there is substituted “ subsections (1) and (1A) ”,

(b)in paragraphs (a) and (b), after “appointment” there is inserted “ or licence ”,

(c)after paragraph (b) there is inserted—

“(bb)in the case of a company which is a qualifying licensed water supplier, that—

(i)action taken by the company has caused a contravention by a water undertaker of any principal duty; and

(ii)that action is serious enough to make it inappropriate for the company to continue to hold its licence;”,

(d)in paragraph (d), after “this Part” there is inserted “ or was not a qualifying licensed water supplier ”, and

(e)in paragraph (e), at the beginning there is inserted “ in the case of a company holding an appointment under Chapter 1 of this Part, ”.

(4)For subsection (7) there is substituted—

“(7)In this section “principal duty” means—

(a)in relation to a company holding an appointment under Chapter 1 of this Part, a requirement imposed on the company by section 37 or 94 below;

(b)in relation to a company which is a qualifying licensed water supplier, any condition of its licence or any statutory requirement imposed on it in consequence of its licence.”