Section 8: Procedure with respect to appointments and variations., Water Industry Act 1991

An application for an appointment or variation replacing a company as a relevant undertaker shall be made in such manner as may be prescribed.

Within fourteen days after making an application under this section, the applicant shall—

serve notice of the application on—

the existing appointee,

if the application relates to the replacement of a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,

if the application relates to the replacement of a water undertaker whose area is wholly or mainly in Wales, the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies,

the appropriate agency, and

every local authority whose area includes the whole or any part of the area to which the application relates; and

publish a copy of the notice in such manner as may be prescribed.

Before making an appointment or variation replacing a company as a relevant undertaker, the Secretary of State or the Authority shall give notice—

stating that it proposes to make the appointment or variation;

stating the reasons why it proposes to make the appointment or variation; 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 appointment or variation may be made.

A notice under subsection (3) above shall be given—

by publishing the notice in such manner as the Secretary of State or, as the case may be, the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the making of the proposed appointment or variation; and

by serving a copy of the notice on—

the existing appointee,

if the proposed appointment or variation would replace a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,

if the proposed appointment or variation would replace a water undertaker whose area is wholly or mainly in Wales, the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies,

the appropriate agency, and

every local authority whose area includes the whole or any part of the area to which the proposed appointment or variation relates.

As soon as practicable after making an appointment or variation replacing a company as a relevant undertaker, the Secretary of State or the Authority shall—

serve a copy of the appointment or variation on the existing appointee; and

serve notice of the making of the appointment or variation on—

if the appointment or variation replaces a water undertaker whose area is wholly or mainly in England, the Chief Inspector of Drinking Water,

if the appointment or variation replaces a water undertaker whose area is wholly or mainly in Wales, the Chief Inspector of Drinking Water for Wales if there is one, or the Chief Inspector of Drinking Water if section 86(1B)(b) applies,

the appropriate agency, and

every local authority whose area includes the whole or any part of the area to which the appointment or variation relates,

and as soon as practicable after exercising any power to vary the area to which an appointment under this Chapter relates, the Secretary of State shall send a copy of the variation to the Authority.

In this section "the existing appointee", in relation to an appointment or variation replacing a company as a relevant undertaker, means the company which is replaced in relation to the whole or any part of the area to which the appointment or variation relates or, where there is more than one such company, each of them.

In this section "the appropriate agency", in relation to the replacement of a relevant undertaker, means—

the Environment Agency, if the undertaker's area is wholly in England;

the NRBW, if the undertaker's area is wholly in Wales;

both the Environment Agency and the NRBW, if the undertaker's area is partly in England and partly in Wales.

The Secretary of State may by regulations impose such additional procedural requirements as he considers appropriate for any case where the conditions mentioned in section 7(5) above are required to be satisfied in relation to an application for an appointment or variation replacing a company as a relevant undertaker.

Section 8: Procedure with respect to appointments and variations.

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