Section 14: Modification references to CMA., Water Industry Act 1991

The Authority may make to the CMA a reference which is so framed as to require the CMA to investigate and report on the questions—

whether any matters which—

relate to the carrying out of any function which is a function of any company by virtue of an appointment of that company under this Chapter; and

are specified in the reference,

operate, or may be expected to operate, against the public interest; and

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the company's appointment.

The Authority, at any time, by notice given to the CMA vary a reference under this section by—

adding to the matters specified in the reference; or

excluding from the reference some or all of the matters so specified;

and on receipt of any such notice the CMA shall give effect to the variation.

The Authority may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—

any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

any modifications of the conditions of any appointment mentioned in the reference or variation by which, in his opinion, those effects could be remedied or prevented.

As soon as practicable after making a reference under this section or a variation of such a reference, the Authority shall—

serve a copy of the reference or variation on the company whose appointment is mentioned in the reference or variation; and

publish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

It shall be the duty of the Authority, for the purpose of assisting the CMA in carrying out an investigation on a reference under this section or in carrying out functions under section 16A below, to give to the CMA —

any information in his possession which relates to matters falling within the scope of the investigation or the carrying out of those functions, and which is either—

requested by the CMA for that purpose; or

information which, in its opinion, it would be appropriate for that purpose to give to the CMA without any such request;

and

any other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters;

and the CMA, for the purpose of carrying out any such investigation or such functions, shall take account of any information given to them for that purpose under this subsection.

In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the CMA shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Authority by Part I of this Act.

The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).

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Section 14: Modification references to CMA.

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