The Water Supply Licence (Application) Regulations 2005

• Citation: S.I. 2005/1638
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Water Supply Licence (Application) Regulations 2005 and shall come into force in accordance with paragraph (2).

(2) Regulations 1, 2 and 3 shall come into force on 11th July 2005 and all other regulations shall come into force on 1st August 2005.

Section 2 Interpretation

(1) In these Regulations—

“ the Act ” means the Water Industry Act 1991;

“application” means an application for–

a water supply licence ,

the variation of a retail licence so that it gives also the supplementary authorisation , or

the variation of a combined licence so that it gives only the retail authorisation ,

and “applicant” shall be construed accordingly;

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

“working day” means any day which is not a Saturday, Sunday or any other day on which the offices of the Authority are closed for business.

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

Section 3 Form and manner of application

(1) An application shall—

(a) be made to the Authority in such form and manner, and

(b) contain, or be accompanied by, such information and documents,

as the Authority shall determine in guidance issued under these Regulations.

(2) Subject to paragraph (3), before issuing guidance under paragraph (1), the Authority shall consult such persons as it considers appropriate.

(3) Paragraph (2) shall not apply where the Authority has consulted such persons as it considers appropriate before 11th July 2005.

(4) The Authority shall publish the guidance issued under paragraph (2) in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(5) The Authority may from time to time revise the guidance issued under paragraph (1).

(6) Before revising any guidance under paragraph (5), the Authority shall consult such persons as it considers appropriate.

(7) Paragraph (4) applies to guidance revised under paragraph (5) as it applies to guidance issued under paragraph (1).

(8) The Authority may require an applicant in any particular case to submit such additional information or documents as the Authority determines are necessary for determining the application.

Section 4 Application fees

An application shall be accompanied by the relevant fee specified in Schedule 1 to these Regulations.

Section 5 Timing and manner of publication of notice of application

(1) As soon as reasonably practicable after the Authority decides that a valid application has been made, it shall notify the applicant in writing.

(2) For the purposes of paragraph (1), a notification shall be treated as made in writing if transmitted to the applicant by facsimile transmission or electronic mail.

(3) The period after the making of an application within which a notice of application shall be published by the applicant under section 17F(2) shall expire at 17.00 hours on the tenth working day after the day on which the Authority notifies the applicant that a valid application has been made.

(4) The particulars required to be contained in a notice of application published under section 17F(2) are—

(a) in relation to an application for a water supply licence, the particulars specified in Part 1 of Schedule 2 to these Regulations; and

(b) in relation to an application for the variation of a retail licence so that it gives also the supplementary authorisation, the particulars specified in Part 2 of Schedule 2 to these Regulations.

(5) The notice of application published under section 17F(2) shall be published on the applicant’s website or in such other manner as the applicant considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(6) On or as soon as reasonably practicable after the day on which the applicant publishes a notice of application under section 17F(2), the Authority shall publish a copy of that notice on the Authority’s website.

(7) Section 17F(2) and (3) shall not apply in relation to an application for the variation of a combined licence so that it gives only the retail authorisation.

Section 6 Representations or objections with respect to an application

(1) Any representations or objections with respect to a notice of application published under section 17F(2) shall be received by the Authority no later than 17.00 hours on a day specified by that notice.

(2) For the purposes of paragraph (1), the day specified shall be the twentieth working day after the day of publication of the relevant notice of application on the Authority’s website.