The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005

Modifications following report

8.—(1) Where a report of the Commission on an article 3(2) or (3) reference–

(a)includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;

(b)specifies effects adverse to the public interest which those matters have or may be expected to have;

(c)includes conclusions to the effect that those effects could be remedied or prevented by modification of the conditions of a water services licence or a sewerage services licence; and

(d)specifies modifications by which those effects could be remedied or prevented,

the WIC shall, subject to paragraphs (3) to (8), make such modifications of those conditions as appear to the WIC to be necessary for the purpose of remedying or preventing the adverse effects specified in the report.

(2) Where a report of the Commission on an article 3(4) reference–

(a)includes conclusions to the effect that a different determination or revised determination should be substituted for that of the WIC; and

(b)specifies modifications of the determination or revised determination,

the WIC shall, subject to paragraphs (3) to (8), make such modifications of the determination or the revised determination as appear to the WIC to be necessary for the purpose of giving effect to the Commission’s conclusions.

(3) Before making modifications, the WIC shall have regard to the modifications specified in the Commission’s report.

(4) Before making modifications, the WIC shall give notice–

(a)stating that it proposes to make the modifications and setting out their effect;

(b)stating the reasons why it proposes to make the modifications; and

(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(5) A notice under paragraph (4) shall be given–

(a)by serving a copy of the notice on–

(i)all water services providers and sewerage services providers;

(ii)Scottish Water;

(iii)the Scottish Ministers; and

(iv)the Convener of the Water Customer Consultation Panels; and

(b)by publishing the notice in such manner as the WIC considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications.

(6) After considering any representations or objections made in response to proposals set out in a notice under paragraph (4), the WIC shall give notice to the Commission–

(a)setting out the modifications it proposes to make–

(i)in respect of an article 3(2) or (3) reference, to remedy or prevent the adverse effects specified in the report; or

(ii)in respect of an article 3(4) reference, to give effect to the conclusions specified in the report; and

(b)stating the reasons for making the modifications.

(7) The WIC shall include with the notice under paragraph (6), a copy of any representations or objections received in relation to the notice under paragraph (4).

(8) Subject to article 9(2), if the period of 4 weeks from the date on which the notice under paragraph (6) is given elapses without a direction under article 9(1)(a) having been given to the WIC–

(a)the WIC shall make the modifications set out in the notice; or

(b)if a direction under article 9(1)(b) has been given to the WIC, the WIC shall make the modifications which are not specified in the direction.

(9) Modification under this article of part of a condition of a water services licence or a sewerage services licence shall not prevent any other part of the condition from continuing to have effect for the purposes of Part 2 of, and Schedule 2 to, the 2005 Act.

(10) Modification under this article of part of a determination or revised determination shall not prevent any other part of the determination or revised determination from continuing to have effect for the purposes of sections 29B and 29F of the 2002 Act(1).