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The Water Industry (Determination of Turnover for Penalties) Order 2005

Consolidated Text As Enacted Cited authorities 5 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2005/477
  • 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.
    • (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 2003
      • (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”...

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