Section 17N: Reports on modification references, Water Industry Act 1991

In making a report on a reference under section 17K above, the CMA —

shall include in the report definite conclusions on the questions comprised in the reference together with such an account of its reasons for those conclusions as in its opinion is expedient for facilitating a proper understanding of those questions and of its conclusions;

where it concludes that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

where it concludes that any adverse effects so specified could be remedied or prevented by modifications of the relevant conditions, shall specify in the report modifications by which those effects could be remedied or prevented.

For the purposes of section 17O below, a conclusion contained in a report of the CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference.

If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 17K above as the conclusions of the CMA, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the CMA on a reference under section 17K above.

In making any report on a reference under section 17K above the CMA must have regard to the following considerations before disclosing any information.

The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.

The second consideration is the need to exclude from disclosure (so far as practicable)—

commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates; or

information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual's interests.

The third consideration is the extent to which the disclosure of the information mentioned in subsection (7)(a) or (b) above is necessary for the purposes of the report.

A report of the CMA on a reference under section 17K above shall be made to the Authority.

Subject to subsection (13) below, the Authority shall—

on receiving a report on a reference under section 17K(1) above, serve a copy of it on—

the licence holder;

the Council;

the Secretary of State; and

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

not earlier than the relevant time, publish another copy of the report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.

Subject to subsection (13) below, the Authority shall—

on receiving a report on a reference under section 17K(2) above, serve a copy of it on—

the Secretary of State; and

if the report relates to water supply licences, the Assembly; and

not earlier than the relevant time—

serve another copy on each relevant licence holder; and

not less than twenty-four hours after complying with sub-paragraph (i) above, publish another copy of the report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.

For the purposes of subsections (10) and (11) above, the "relevant time" means—

fourteen days after the copy of the report in question is received by the Secretary of State and , if the report relates to water supply licences, the Assembly, or

if copies are received by them on different days, fourteen days after the later day.

Subsection (14) below applies if it appears to the Secretary of State that the publication of any matter in a report on a reference under section 17K(1) or (2) above would be against—

the public interest; or

the commercial interests of any person.

The Secretary of State may, not later than the relevant time for the purposes of subsection (10) or (11) above, direct the Authority to exclude that matter from the copy of the report, or (as the case may be) each copy of the report, to be served and published as mentioned in paragraph (b) of that subsection; and the Authority shall comply with any such direction.

Section 17N: Reports on modification references

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