Section 12K: Modifications under section 12J: procedural requirements, Water Industry Act 1991

Before making any modifications under section 12J, the Secretary of State must give notice—

stating that the Secretary of State proposes to make the modifications,

setting out the proposed modifications and their effect,

stating the reasons why the Secretary of State proposes to make the modifications, and

specifying the time within which representations with respect to the proposed modifications may be made.

That time must not be less than 42 days from the date of publication of the notice.

A notice under subsection (1) must be given—

by publishing the notice in a way the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by the modifications, and

by sending a copy of it to—

each company holding an appointment under this Chapter the conditions of which the Secretary of State proposes to modify,

any other company holding an appointment under this Chapter, any water supply licensee and any sewerage licensee, whose interests the Secretary of State considers are likely to be materially affected by the modifications,

the Authority,

any person whose functions are or include representing those within sub-paragraph (i) or (ii) in respect of interests of theirs that the Secretary of State considers are likely to be materially affected by the modifications, and

the Council.

The Secretary of State must consider any representations which are duly made.

If after complying with subsections (1) to (4) the Secretary of State decides to proceed with making the modifications, the Secretary of State must—

publish the decision and the modifications in a way the Secretary of State considers appropriate for bringing them to the attention of persons likely to be affected by the modifications,

state the effect of the modifications,

state how the Secretary of State has taken account of any representations duly made, and

state the reason for any differences between the modifications and those set out in the notice under subsection (1).

Each modification has effect from the date specified by the Secretary of State in relation to that modification.

The date specified may not be less than 56 days from publication of the decision to make the modification, unless—

the Secretary of State considers it necessary or expedient for the modification to have effect before the 56 days expire, and

the consultation condition is satisfied.

The consultation condition is that the notice under subsection (1) relating to the modification stated—

the date from which the Secretary of State proposed that the modification should have effect,

the Secretary of State's reasons for proposing that the modification should have effect from a date less than 56 days from the decision to modify, and

why, in the Secretary of State's view, that would not have a material adverse effect on any person holding an appointment under this Chapter.

Section 12K: Modifications under section 12J: procedural requirements

Discussed in

About this text