Section 51CE: Rules under section 51CD: procedure

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

Part III: WATER SUPPLY — chapter II: SUPPLY DUTIES

Before issuing rules under section 51CD, the Authority must—

prepare a draft of the proposed rules, and
consult the relevant persons about the draft.

The relevant persons are—

the Secretary of State;
the Welsh Ministers;
the Council;
any water undertakers or other persons likely to be affected by the rules;
such other persons as the Authority thinks appropriate.

The Authority must specify the period ("the consultation period") within which the relevant persons may make representations about the proposed rules.

The Authority must have regard to guidance issued under section 51CG in making rules under section 51CD.

Before rules under section 51CD prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.

In subsection (5) "the Minister" means—

the Secretary of State, so far as the rules relate to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in England;
the Welsh Ministers, so far as the rules relate to section 51A agreements for the vesting of water mains or service pipes in water undertakers whose areas are wholly or mainly in Wales.

A direction under subsection (5) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules may not be issued before that period of 28 days has expired.

This section is subject to section 51CF.

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