Water sector documents: Change proposal (Ref 007) - Modification to Model Water Adoption Agreement: Clause 9 Street Works Licence - Final Decision

Date04 April 2022
Centre City Tower, 7 Hill Street, Birmingham B5 4UA
21 Bloomsbury Street, London WC1B 3HF
www.ofwat.gov.uk
Code for Adoption Agreements
1
Water sector documents: Change proposal (Ref 007)
Modification proposal
Model Water Adoption Agreement: Clause 9 Street Works
Licence
Independent Water Adoption
Panel Recommendation
The Panel recommended approving the change proposal, but
proposed using alternative wording
Decision
Ofwat has approved this change proposal using the alternative
wording proposed by the Panel
Publication date
04/04/2022
Implementation date
11/04/2022
Background
Fair Water Connections (FWC) submitted this change proposal on 5 July 2021 to the
Independent Water Adoption Panel (the Panel), with the Panel publishing the proposal on its
website on the same day. The function of the Panel is to consider change proposals to the
water sector guidance and model water adoption agreement which apply to companies
operating wholly or mainly in England. These documents were developed by companies as
required by the Code for Adoption Agreements (the Code) and came into effect in January
2021. A change proposal is defined in the Code as a proposed change to the sector guidance
or the model adoption agreements.
FWC has requested changes be made to the model water adoption agreement (the Model
Agreement). The first proposed change concerns the requirement in clause 9 of the Model
Agreement that where self-lay works are constructed in a highway maintainable, or declared
to be prospectively maintainable, at the public expense, a self-lay provider (SLP) shall obtain
a street works licence in its own name from the relevant street authority for the street. FWC
stated that it is not always possible for an SLP to obtain such a licence in its own name and,
as such, this section of the Model Agreement needs to be changed to allow SLPs to comply
with the requirement.

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