Statutory Instruments
2007 No. 461
COMPETITION
The Competition Commission (Water Industry) Penalties Order 2007
Made
19th February 2007
Laid before Parliament
22nd February 2007
Coming into force
1st April 2007
The Secretary of State has consulted, as required by section 111(8) of the Enterprise Act 2002( 1 ), the Competition Commission and such other persons as he considers appropriate.
He makes the following Order in exercise of the powers conferred by section 111(4) and (6) of the Enterprise Act 2002, as applied by—
section 16B(6), including that section as applied by section 12(3B), of the Water Industry Act 1991( 2 ),
sections 17M(1) and 17Q(6) of that Act, and
paragraph 1 of Schedule 4ZA to that Act:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Competition Commission (Water Industry) Penalties Order 2007 and shall come into force on 1st April 2007.
(2) In this Order—
“the 2002 Act” means the Enterprise Act 2002 ; and
“the relevant provisions” means—
section 16B(6), including that section as applied by section 12(3B), of the Water Industry Act 1991;
sections 17M(1) and 17Q(6) of that Act; and
paragraph 1 of Schedule 4ZA to that Act.
The specified amounts
2. —(1) For the purposes of section 111(4)(a) of the 2002 Act as applied by the relevant provisions, the fixed amount specified is £20,000.
(2) For the purposes of section 111(4)(b) of the 2002 Act as applied by the relevant provisions, the amount per day specified is £5,000.
(3) For the purposes of section 111(4)(c) of the 2002 Act as applied by the relevant provisions, the fixed amount specified is £20,000 and the amount per day specified is £5,000.
(4) For the purposes of section 111(6) of the 2002 Act as applied by the relevant provisions, the amount specified is £20,000.
Ian Pearson
Minister of State,
Department for Environment, Food and Rural Affairs
19th February 2007
1991 c. 56 ; sections 12(3B) and 16B were inserted by sections 54 and 55 of the Water Act 2003 (c. 37) respectively; sections 17M and 17Q were inserted by section 56 of, and by paragraphs 1 and 2 of Schedule 4 to, that Act; Schedule 4ZA was inserted by section 70 of, and Schedule 6 to, the Enterprise Act 2002. Section 16B, and that section as applied by section 12(3B), sections 17M and 17Q and paragraph 1 of Schedule 4ZA apply, with modifications, the power to make orders under section 111 of the Enterprise Act 2002 and certain other provisions of Part 3 of that Act for the purposes of references to or investigations by the Competition Commission for the purposes of the exercise of its functions under sections 12, 16A, 17K, 17P and 32 of the Water Industry Act 1991.