39 Procedure for regulations under section 38
Water Industry Act 1991 (1991 c 56) | Legislation

39  Procedure for regulations under section 38

[(A1)     The Secretary of State may make regulations under section 38 above—

(a)     on an application by the Authority, in accordance with subsections (1) to (3) below; or

(b)     otherwise than on such an application, in accordance with subsections (4) to (8) below.]

(1)     [Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 38 above if—]

[(b)     the Secretary of State is satisfied that a copy of the application has been served by [the Authority]—

(i)     on every water undertaker specified in the application; . . .

(ii)     on persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;

[(iii)     on the Council; and

(iv)     on such other persons or bodies as the Secretary of State may consider appropriate;]]

(c)     such period as the Secretary of State considers appropriate has been allowed for the making—

(i)     by [the Authority]; and

(ii)     by any affected water undertaker [or person or body on whom

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