Utility Regulator consults on modifications to NI Water Licence

NOTICE UNDER ARTICLE 20(2) OF THE WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 2006

Pursuant to its powers under Article 20(1) of the Water and Sewerage Services (Northern Ireland) Order 2006 (hereafter referred to as the “Order”), the Northern Ireland Authority for Utility Regulation (hereafter referred to as the “Authority”), hereby gives notice as follows:

1 It proposes to make modifications to the instrument of appointment granted to Northern Ireland Water Limited (hereinafter referred to as the “Licensee”) by the Department for Regional Development on 23rd March 2007 (the “Licence”) under its powers extant at Article 20 (1) of the Order.

2 The proposed Licence modifications are to the following provisions of Schedule 2 (Conditions of the Appointment):
(i)  Condition B: Charges
(ii)  Condition F: Accounts and accounting information

3 The effects of the proposed modifications will be to:
(i)  remove from Condition B all the material relating to the first three Charging Years commencing on 1st April 2007, which are now past;
(ii)  align the Licence with the Memorandum of Understanding and the Consequent Written Agreement between the Department for Regional Development and the Authority (the PC10 Agreement) dated 22nd and 23rd November 2010.

4 The reason for the proposed modifications is to reflect, in the regulation of the Licensee, its treatment as a Non Departmental Public Body that is subject to the normal public expenditure processes.  It has been recognised that those processes impose constraints upon the Licensee in respect of its funding and, in view of the consensus reached as mentioned at 3(ii) above, it is proposed that the present Licence requires amendment in this respect.  The Authority is also taking this opportunity to remove from Condition B of the Licence those elements pertaining to the initial period 2007-2010.

5 A copy of the proposed modifications can be viewed during normal office hours, and can be obtained (free of charge) from:

The Northern Ireland Authority for Utility Regulation
Queens House
14 Queen Street
Belfast BT1 6ED
Tel: 028 9031 1575
Fax: 028 9031 1740
Email: deirdre.trainor@uregni.gov.uk

Alternatively, these modifications can be downloaded from our website: 2011-06-13 NIW Licence MOU Amendments (PDF 346 KB)

6 Representations or objections with respect to any or all of the individually proposed modifications may be made on or before 11th July 2011 to the same address.

7 The Authority has, pursuant to Article 20(3) (b) of the Order, served a copy of this notice on the Licensee and upon the Department for Regional Development.

Dated this 13th day of June 2011

Jo Aston
Director of Water Regulation
For and on behalf of the Northern Ireland Authority for Utility Regulation