Section 16D: Modifications under section 16C: procedural requirements, Water Industry Act 1991

Before making any modifications under section 16C, the Welsh Ministers must give notice—

stating that they propose to make the modifications,

setting out the proposed modifications and their effect,

stating the reasons why they propose to make the modifications, and

specifying the time within which representations with respect to the proposed modifications may be made.

That time must not be less than 42 days from the date of publication of the notice.

A notice under subsection (1) must be given—

by publishing the notice in a way the Welsh Ministers consider appropriate for bringing it to the attention of persons likely to be affected by the modifications, and

by sending a copy of it to—

each company holding an appointment under this Chapter the conditions of which the Welsh Ministers propose to modify,

any other company holding an appointment under this Chapter, any water supply licensee and any sewerage licensee, whose interests the Welsh Ministers consider are likely to be materially affected by the modifications,

the Authority,

any person whose functions are or include representing those within sub-paragraph (i) or (ii) in respect of interests of theirs that the Welsh Ministers consider are likely to be materially affected by the modifications, and

the Council.

The Welsh Ministers must consider any representations which are duly made.

If after complying with subsections (1) to (4) the Welsh Ministers decide to proceed with making the modifications, the Welsh Ministers must—

publish the decision and the modifications in a way they consider appropriate for bringing them to the attention of persons likely to be affected by the modifications,

state the effect of the modifications,

state how the Welsh Ministers have taken account of any representations duly made, and

state the reason for any differences between the modifications and those set out in the notice under subsection (1).

Each modification has effect from the date specified by the Welsh Ministers in relation to that modification.

The date specified may not be less than 56 days from publication of the decision to make the modification, unless—

the Welsh Ministers consider it necessary or expedient for the modification to have effect before the 56 days expire, and

the consultation condition is satisfied.

The consultation condition is that the notice under subsection (1) relating to the modification stated—

the date from which the Welsh Ministers proposed that the modification should have effect,

the Welsh Ministers' reasons for proposing that the modification should have effect from a date less than 56 days from the decision to modify, and

why, in the Welsh Ministers' view, that would not have a material adverse effect on any person holding an appointment under this Chapter.

Section 16D: Modifications under section 16C: procedural requirements

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