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Section 17: Modification by order under other enactments.

Water Industry Act 1991 · 1991 c. 56View on legislation.gov.uk

Part II: APPOINTMENTMENT AND REGULATION OF UNDERTAKERS — CHAPTER I: APPOINTMENTS

Where the CMA or (as the case may be) the Secretary of State (in this section "the relevant authority") makes a relevant order, the order may, subject to subsection (3), also provide for the modification of the conditions of a company's appointment under this Chapter to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

In subsection (1) above "relevant order" means—

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—
one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was carried on by a relevant undertaker; or
one or more than one of the enterprises which will or may cease to be distinct enterprises is carried on by a relevant undertaker; or
an order under section 160 or 161 of the 2002 Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition is—
the structure or an aspect of the structure of a market for the supply of goods or services by a relevant undertaker; or
the conduct of a relevant undertaker or of customers of a relevant undertaker.

No modification shall be made by virtue of this section of any provisions of a company's appointment under this Chapter which—

are contained in that appointment for the purposes of section 7(4)(c) above; or
being provisions relating to the disposal of, or of interests or rights in or over, a company's protected land, are stated in the appointment to be provisions which cannot be modified.

Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.