Section 17H: Standard conditions of water supply licences, Water Industry Act 1991

The Secretary of State may determine the conditions that are to be the standard conditions of water supply licences granted by the Authority.

Before determining the standard conditions, the Secretary of State must consult the Welsh Ministers as regards conditions relating to a restricted retail authorisation or a supplementary authorisation.

The Secretary of State is to publish the standard conditions in such manner as the Secretary of State considers appropriate.

The standard conditions may be different depending on the different authorisations or combinations of authorisations to which the conditions are to relate.

The power to determine standard conditions in relation to water supply licences giving a particular authorisation or a particular combination of authorisations may be exercised only before the grant of the first licence to give that authorisation or that particular combination of authorisations (but this is without prejudice to the power to modify standard conditions in accordance with the provisions of this Chapter).

The standard conditions for the purposes of water supply licences giving any particular authorisation or combination of authorisations may contain provision—

for any standard condition included in a licence of that description not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions;

for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; and

for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.

Subject to subsection (6) below, each condition which is a standard condition shall be incorporated by reference in each water supply licence (or in each such licence to which the standard condition applies).

Subject to the following provisions of this section, ... the Authority may, in granting a licence, exclude or modify any of the standard conditions to such extent as ... it considers requisite to meet the circumstances of a particular case.

Before excluding any standard conditions or making any modifications under subsection (6) above, ... the Authority shall give notice—

stating that ... it proposes to exclude the conditions or make the modifications and setting out the effect of so doing;

stating the reasons why ... it proposes to exclude the conditions or make the modifications; and

specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed exclusions or modifications may be made,

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

A notice under subsection (7) above shall be given—

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 exclusions or modifications; and

by serving a copy of the notice—

if the notice relates to a water supply licence giving a restricted retail authorisation or a restricted retail authorisation and a supplementary authorisation, on the Welsh Ministers;

on the Chief Inspector of Drinking Water;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

... on the Secretary of State.

on the Water Industry Commission for Scotland.

If, within the time specified in the notice under subsection (7) above, the Secretary of State (after consulting the Welsh Ministers in a case where notice was served on them under subsection (8)(b)(i)) directs the Authority not to exclude or modify any standard condition, the Authority shall comply with the direction.

The ... Authority shall not exclude any conditions, or make any modifications, under subsection (6) above unless ... it is of the opinion that the exclusions or modifications are such that—

the licence holder would not be unduly disadvantaged in competing with other holders of water supply licences; and

no other holder of a water supply licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence).

The modification under subsection (6) above of part of a standard condition shall not prevent any other part of the condition from continuing to be treated as a standard condition for the purposes of this Chapter.

Section 17H: Standard conditions of water supply licences

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