Statutory Instruments

2005 No. 2033

WATER INDUSTRY, ENGLAND AND WALES

The Water Supply Licence (Modification of Standard Conditions) Order 2005

Made

20th July 2005

Coming into force

1st December 2005

The Secretary of State, in exercise of the powers conferred upon her by section 17J(6) of the Water Industry Act 1991( 1 ), and having consulted the National Assembly for Wales, hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 17J(11) of the Water Industry Act 1991:

Citation and commencement

1. This Order may be cited as the Water Supply Licence (Modification of Standard Conditions) Order 2005 and shall come into force on 1st December 2005.

Interpretation

2. —(1) In this Order—

“the Act” means the Water Industry Act 1991 ; and

“the Authority” means, until the coming fully into force of section 36(1) of the Water Act 2003 ( 2 ) (transfer to the Authority and the Consumer Council for Water of functions, property etc ) the Director, and thereafter, the Water Services Regulation Authority.

(2) Unless the contrary intention appears, any reference in this Order to a section is a reference to a section of the Act.

Specified percentages

3. —(1) The percentage specified for the purposes of section 17J(6)(b)(i) is twenty per cent.

(2) The percentage specified for the purposes of section 17J(6)(b)(ii) is twenty per cent.

Meaning of “weighted according to their market share”

4. —(1) For the purposes of section 17J(7), “weighted according to their market share” in relation to each relevant licence holder( 3 ) who has given notice of objection means weighted by attributing to that relevant licence holder a proportion equal to the total volume of water supplied by that relevant licence holder to the premises of customers during the relevant period divided by the total volume of water supplied by all relevant licence holders to the premises of customers during that period, such that the sum of all such proportions expresses the proportion to which section 17J(7) refers.

(2) For the purposes of this article—

(a) “the relevant period” means the period of twelve months ending on the last day of the relevant month;

(b) “the relevant month” means the last month before the relevant notice was given for which the Authority considers it reasonably practicable for all relevant information to be provided to it;

(d) “relevant information” means information material to a determination of the total volume of water supplied by each relevant licence holder to the premises of customers during the relevant period.

Elliot Morley

Minister of State,

Department for Environment, Food and Rural Affairs

20th July 2005

( 1 )

1991 c. 56 ; section 17J was inserted by section 56 of, and paragraph 2 of Schedule 4 to, the Water Act 2003 (c. 37) .

( 2 )

2003 c. 37 .

( 3 )

The expression “relevant licence holder” is defined for the purposes of section 17J by section 17J(13).

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
relevant information	art. 4.	def_d6bad0309e
the Act	art. 2.	def_bb1c741663
the Authority	art. 2.	def_59b9b9e2be
the relevant month	art. 4.	def_fbd0af365f
the relevant notice	art. 4.	def_82e782b465
the relevant period	art. 4.	def_b8b773346e
weighted according to their market share	art. 4.	def_c3eb53aa5a