SCHEDULE 1APPLICATION OF THE ACT AND RELATED PROVISIONS
Modification of project licences5
1
The following has effect as if it were inserted after section 17I (modification of F2licences by agreement)—
17IAModification of project licences by agreement
1
Subject to the following provisions of this section, the Authority may modify the conditions of a project licence.
2
The Authority may not make any modifications under this section unless the licence holder has consented to the modifications.
3
Before making modifications under this section, the Authority must 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 twenty-eight days from the date of the publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and must consider any representations or objections which are duly made and not withdrawn.
4
A notice under subsection (3) must be given—
a
by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and
b
by serving a copy of the notice on—
i
the licence holder;
ii
the Secretary of State; and
iii
the relevant quality regulator.
5
If, within the period specified in the notice under subsection (3), the Secretary of State directs the Authority not to make the modification, the Authority must comply with the direction.
2
Section 17K F3(modification references to competition authority) applies as if—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in subsection (1) (reference of a particular licence), in paragraph (a)(i), F5after “a particular water supply or sewerage licence” there were inserted “or project licence granted under this Chapter”; and
c
in subsection (5)(b) (persons to be served with copy of reference or variation)—
i
at the beginning of each of sub-paragraphs (ii)F6...and (v), there were inserted “in a case relating to one or more water supply licences,”; and
ii
after sub-paragraph (iii), there were inserted—
iiia
in a case relating to a project licence, the incumbent undertaker;
iiib
in a case relating to a project licence, the relevant quality regulator;
3
Sections 17L (references under section 17K: time limits) and 17M (references under section 17K: powers of investigation) apply without modification.
4
Section 17N (F7...reports on modification references) applies as if—
F8a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in subsection (10)(a) (persons to be served with report relating to a particular licence)—
i
at the beginning of F9sub-paragraph (ii), there were inserted “if the report relates to a water supply licence,”; and
ii
after sub-paragraph (ii), there were inserted—
iia
if the report relates to a project licence, the incumbent undertaker;
iib
if the report relates to a project licence, the relevant quality regulator;
c
in subsection (12) (meaning of “relevant time”)—
i
in paragraph (a), after “Secretary of State”, there were inserted “
or, in the case of a report relating to one or more water supply licences, the Secretary of State
”
; and
ii
in paragraph (b), after “copies”, there were inserted “
of a report relating to one or more water supply licences
”
.
5
Section 17O F10(modification of licences following report) applies as if—
F11a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in subsection (5)(c) (persons to be served with copy of notice of Authority's proposed modifications)—
i
at the beginning of each of sub-paragraphs (i)F12... and (iv), there were inserted “if the notice relates to one or more water supply licences,”; and
ii
after sub-paragraph (ii), there were inserted—
iia
if the notice relates to a project licence, the incumbent undertaker;
iib
if the notice relates to a project licence, the relevant quality regulator;
6
Section 17P F13(power of veto following report) applies as if—
F14a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in subsection (7)(b) (persons to be served with copy of notice of F1CMA’s proposed modifications)—
i
at the beginning of each of sub-paragraphs (iii)F15...and (vi), there were inserted “if the notice relates to one or more water supply licences,”; and
ii
after sub-paragraph (iv), there were inserted—
iva
if the notice relates to a project licence, the incumbent undertaker;
ivb
if the notice relates to a project licence, the relevant quality regulator;
7
Section 17Q (section 17P: supplementary) applies without modification.
8
Section 17R F16(modification by order under other enactments) applies as if—
F17a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .