Consultation under section 12A of the Water Industry Act 1991 on proposed modification to Condition C of English water companies' licences

Consultation under section 12A of the Water Industry Act 1991 on proposed modification to Condition C of English water companies' licences

Published date: January 27, 2022
Closing date: Friday March 11th, 2022 11:59pm

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About Consultation

This consultation invites comments on our proposal to modify condition C of each English water company’s Instrument of Appointment (licence).

Condition C relates to infrastructure charges and was intended to apply to agreements made prior to April 2018. As currently worded, the condition might apply in certain other circumstances. This was not the intention of the condition, and our proposed modification would correct for that.

Under section 12A of the Water Industry Act 1991 (WIA91), we are able to modify the conditions of an English water company’s licence subject to the procedural requirements set out in sections 12A-12I WIA91. Our pre-consultation engagement indicates that all of the English water companies are in principle in favour of this proposal.

Before making modifications under section 12A of the WIA91, Ofwat must give notice in accordance with that section. In respect of the licences of each English water company, this document is a Notice under section 12A of the WIA91.

Where to send submissions

We invite the English water companies and other stakeholders to comment on our proposed modification by 11 March 2022. Please email your responses to [email protected].

Subject to our consideration of any representations received in response to this consultation, we propose that the modifications to each English company’s licence should have effect from 1 April 2022.