Determination into whether a site is in South East Water's area of appointment

 

Case number

OFW-042335

Case summary

We investigated a determination request from South East Water about whether the King Edward VII Memorial Hospital Estate (the Site) falls within its area of appointment.

Summary of Ofwat’s final decision

Our final determination is that the Site falls within South East Water’s area of appointment. Our reasons for this conclusion are:

  • The Water Industry Act 1991 (the Act) provides that there must be a water and/or sewerage company (an undertaker) for every area in England and Wales.
  • When the water and sewerage industry was privatised in 1989, the areas of undertakers were fixed, with the Site falling within the area of appointment of South East Water.
  • An undertaker may only cease to be an undertaker for a particular area if a replacement undertaker is appointed for that area.
  • The Act provides the circumstances in which a replacement undertaker can be appointed and prescribes the process that must be followed for making such a replacement.
  • There has been no application brought to vary South East Water’s area of appointment to exclude the Site and, accordingly, the Site remains within its area of appointment.

Date opened

6 July 2023

Date closed

27 November 2023

Key documents

Final determination about whether the King Edward VII Memorial Hospital Estate is in South East Water’s area of appointment

Relevant powers

Paragraph 5, Condition A of South East Water’s Instrument of Appointment

Enquiries

If you have a query about this case, please contact [email protected]. Any media enquiries should be directed to the Ofwat Press Office: [email protected]