Section 17R: Modification by order under other enactments, Water Industry Act 1991

Where the CMA or the Secretary of State (the "relevant authority") makes a relevant order, the order may also provide for the modification of—

the conditions of a particular water supply or sewerage licence,

the standard conditions of water supply licences or sewerage licences, or

the standard conditions of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations,

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 Enterprise Act 2002 where—

one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a water supply licence or sewerage licence; or

one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a water supply licence or sewerage licence; or

an order under section 160 or 161 of that 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 relates to activities authorised or regulated by a water supply licence or sewerage licence.

The modification under subsection (1)(a) above of part of a standard condition of a particular 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.

Where at any time the relevant authority modifies under subsection (1)(b) or (c) above the standard conditions of water supply licences or sewerage licences or of water supply licences or sewerage licences that grant a particular authorisation or combination of authorisations, the relevant authority—

shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that description granted after that time; and

may, after consultation with the Authority, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of licences of that description granted before that time.

Where at any time the relevant authority modifies standard conditions of water supply licences or sewerage licences under subsection (4)(a) above for the purposes of their incorporation in licences, the relevant authority shall publish those modifications in such manner as the relevant authority considers appropriate.

Expressions used in subsection (2) above and in Part 3 or 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part.

Section 17R: Modification by order under other enactments

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