Section 17I: Modification of licences by agreement, Water Industry Act 1991

Subject to the following provisions of this section, the Authority may modify the conditions of—

a particular water supply licence, or

a particular sewerage licence.

The Authority may not make any modifications under this section unless the licence holder has consented to the modifications and, in the case of standard conditions of the licence, the Authority is of the opinion that the modifications—

are requisite to meet the circumstances of the particular case; and

are such that—

the licence holder would not be unduly disadvantaged in competing with other holders of water supply licences or, as the case may be, sewerage licences; and

no other holder of a water supply licence or, as the case may be, a sewerage licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified).

Before making modifications under this section, the Authority shall give notice—

stating that it proposes to make the modifications and setting out their effect;

stating the reasons why it proposes to make the modifications; and

specifying the period (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 modifications may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

A notice under subsection (3) 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 modifications; and

by serving a copy of the notice on—

the licence holder;

the Council;

the Secretary of State;

if the notice relates to a water supply licence, the Assembly; and

the Chief Inspector of Drinking Water.

If, within the period specified in the notice under subsection (3) above, the Secretary of State ... directs the Authority not to make any modification, the Authority shall comply with the direction.

The Secretary of State is to consult the Welsh Ministers before giving a direction under subsection (5) in relation to a water supply licence.

The modification under this section of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.

Section 17I: Modification of licences by agreement

Discussed in

About this text