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;

(c) “the relevant notice” means the notice given under section 17J(3) in relation to the modifications in question; and

(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.