The Water Industry (Determination of Turnover for Penalties) Order 2005
| Year | 2005 |
2005 No. 477
WATER INDUSTRY, ENGLAND AND WALES
The Water Industry (Determination of Turnover for Penalties) Order 2005
Made 3rd March 2005
Laid before Parliament 7th March 2005
Coming into force 1st April 2005
The Secretary of State, in exercise of the powers conferred upon her by section 22A(11) of the Water Industry Act 19911, having consulted the National Assembly for Wales, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Water Industry (Determination of Turnover for Penalties) Order 2005 and shall come into force on 1st April 2005.
Interpretation
2.—(1) In this Order—
“the Act” means the Water Industry Act 1991;
“aid” means state aid within the meaning of Article 87 of the Treaty establishing the European Community;
“applicable turnover” shall be construed in accordance with paragraph (2);
“the Authority” means, until the coming fully into force of section 36(1) of the Water Act 20032(transfer to the Water Services Regulation Authority and the Consumer Council for Water of functions, property etc) the Director, and thereafter, the Water Services Regulation Authority;
“business year” means a period of more than six months in respect of which–
(a) a relevant undertaker prepares a single set of regulatory accounts; or
(b) a licensed water supplier publishes a single set of accounts or, if no such accounts have been published for the period, prepares a single set of accounts;
“company” means a relevant undertaker or a licensed water supplier;
“date of the notice” means the date on which the enforcement authority gives notice under section 22A(4) of the Act;
“preceding business year” means the last business year preceding the date of the notice;
“regulated activities” means–
(a) in the case of a company holding an appointment as a water undertaker, its functions as a water undertaker;
(b) in the case of a company holding an appointment as a sewerage undertaker, its functions as a sewerage undertaker; or
(c) in the case of a licensed water supplier, the activities authorised by its water supply licence;
“regulatory accounts” means regular accounting and other information which the undertaker is required by its instrument of appointment to supply to the Authority to enable the Authority to compare the financial position and performance of relevant undertakers; and
“water supply licence” shall be construed in accordance...
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