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Southern Water Services Limited As a Water and Sewerage Undertaker Under the Water Act 1989

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Southern Water Services Limited As a Water and Sewerage Undertaker Under the Water Act 1989 Southern – Water & Sewerage Undertaker - Appointment DEPARTMENT OF THE ENVIRONMENT Instrument of Appointment by the Secretary of State for the Environment of Southern Water Services Limited as a water and sewerage undertaker under the Water Act 1989 Department of the Environment August 1989 January 2019 Consolidated working copies of Appointments are not formal documents and and for some purposes you may need to consider the formal appointments and variations to appointments rather than this consolidated working copy. A list of all variations made to these appointments is contained in a consolidation note at the back of this working copy. Southern – Water & Sewerage Undertaker - Appointment TABLE OF CONTENTS THE APPOINTMENTS ............................................................................................................ 2 SCHEDULE 1: Area for which the Appointments are made .................................................... 3 SCHEDULE 2: Conditions of the Appointments .................................................................... 17 Condition A: Interpretation and Construction ........................................................ 18 Condition B: Charges .............................................................................................. 25 Condition C: Infrastructure Charges ....................................................................... 64 Condition D: New connections ............................................................................... 75 Condition E: Undue Preference/Discrimination in Charges ................................... 76 Condition E1: Prohibition on undue discrimination and undue preference and restrictions on the use of information in relation to the provision of certain services ............... 78 Condition F: Regulatory accounting statements [coming into effect on 1 March 2019] 81 Condition G: Core Customer Information .............................................................. 84 Condition H: Procedure on leakage ........................................................................ 88 Condition I: Ring-fencing ....................................................................................... 92 Condition J: Levels of Service Information and Service Targets ......................... 105 Condition K: "Ring Fencing" and Disposals of Land ........................................... 112 Condition L: Underground Asset Management Plans .......................................... 124 Condition M: Provision of Information to Ofwat ................................................. 133 Condition M1: Information Remedies .................................................................. 135 Condition N: Fees [in effect until 28 February 2019] ........................................... 137 Condition N: Fees [coming into effect on 1 March 2019] .................................... 142 Condition O: Termination and replacement appointments ................................... 146 Condition P: The role of the Appointee's Ultimate Controller and UK holding company 147 Condition Q: Interruptions in supply because of drought ..................................... 149 Condition R: Provision of combined and wholesale water supplies..................... 151 Condition R3 - MAC condition ............................................................................ 159 Condition S: Introductions of water under the water supply licensing regime..... 164 Consolidation Note - Does not form part of the Appointment .............................................. 169 Consolidated working version: Southern Water: January 2019 Southern – Water & Sewerage Undertaker - Appointment THE APPOINTMENTS 1 The Secretary of State, in exercise of the powers conferred on him by sections 11 and 14 of the Water Act 1989 ("the Act"), hereby appoints Southern Water Services Limited ("the Appointee") to be the water undertaker for the area described in paragraph 1 of Schedule 1 and to be the sewerage undertaker for the area described in paragraph 2 of Schedule 1, subject to the Conditions set out in Schedule 2. 2 The appointments contained in this instrument ("the Appointments") shall come into force on the day appointed as the transfer date under section 4 of the Act. Authorised by the R.S. DUDDING Secretary of State to An Assistant Secretary in the Department of sign in that behalf the Environment August 1989 2 Southern – Water & Sewerage Undertaker - Appointment SCHEDULE 1: Area for which the Appointments are made 1 The Water Supply Area 1.1 The area for which the Appointee is appointed to be the water undertaker ("the Water Supply Area") comprises: (1) the area the boundaries of which (other than the seaward boundary) are more particularly delineated by the line shaded pink in the Water Supply Area Map and the seaward boundary of which is as described in sub-paragraph 1.2, the area described in this sub-paragraph (1) being shown for identification only in the map entitled "the Water Supply Area: Map Sheet Identification Map" accompanying and forming part of this instrument; (2) those islands (if any) comprised in the area which immediately before the transfer date was the area as respects which the Water Authority exercised its water supply functions under the 1973 Act and which are not comprised in the area for which any appointment has been made under section 11(4)(a) of the Act; and (3) the premises and installations listed in Part I of the Appendix to this Schedule but excludes the premises and installations listed in Part II of the Appendix to this Schedule. 1.2 The seaward boundary of the area described in sub-paragraph 1.1(1) and of the islands referred to in sub-paragraph 1.1(2) is the seaward boundary of the Water Authority's area immediately before the transfer date for the purposes of the 1973 Act but excluding therefrom so much of that area for which any appointment has been made under section 11(4)(a) of the Act. 2 The Sewerage Services Area 2.1 The area for which the Appointee is appointed to be the sewerage undertaker ("the Sewerage Services Area") comprises: (1) the area the boundaries of which (other than the seaward boundary) are more particularly delineated by the line shaded pink in the Sewerage Services Area 3 Southern – Water & Sewerage Undertaker - Appointment Map and the seaward boundary of which is as described in sub-paragraph 2.2, the area described in this sub-paragraph (1) being shown for identification only in the map entitled "the Sewerage Services Area: Map Sheet Identification Map" accompanying and forming part of this instrument; and (2) those islands (if any) comprised in the area which immediately before the transfer date was the Water Authority's area for the purposes of section 14 of the 1973 Act. 2.2 The seaward boundary of the area described in sub-paragraph 2.1(1) and of the islands referred to in sub-paragraph 2.1(2) is the boundary which was the seaward boundary for the purposes of section 14 of the 1973 Act of the area which immediately before the transfer date is the Water Authority's area for those purposes. 3 Interpretation and Construction In this Schedule: "the 1973 Act" means the Water Act 1973; "the Sewerage Services Area Map" means the maps signed on behalf of the Secretary of State accompanying and forming part of this instrument numbered 7 S 1 - 7 S 9 inclusive; "the Water Authority" means the Water Authority of which the Appointee is the successor company under the Act; "the Water Supply Area Map" means the maps signed on behalf of the Secretary of State accompanying and forming part of this instrument numbered 7 W 1 - 7 W 14 inclusive; words and expressions used in this Schedule shall have the same meaning as in any provision of the 1973 Act. 4 Southern – Water & Sewerage Undertaker - Appointment Water Supply Area [There is included in the Water Supply Area: 1 The area of the original Water Supply Area of Southern Water Services Ltd (Map 1) There is excluded from the Water Supply Area: 1 Site at Tidworth 2 Site at Hills Farm Lane, Horsham (SSE Water) 3 Site at Forgewood (Independent Water Networks) 4 Site at Rochester Riverside (Icosa Water Services) * See also Appendix to Schedule 1] 5 Southern – Water & Sewerage Undertaker - Appointment APPENDIX Part I: Additional premises and installations outside the boundary of the Water Supply Area Map but comprised in the Water Supply Area GRID REFERENCE Kings Farm, Walmer, Kent TR366496 Iledon Farm, Walmer, Kent TR209524 Keepers Cottage, Sarre, Kent TR252647 1 The Bungalow, 2 Lomas Road, Bapchild, TQ92926377 Sittingbourne, Kent Orchard Supply, Small Holding, TQ82336279 Magpie Lane, Hartlip, Sittingbourne, Kent Arran Bank Farm, Dunn Street TQ79246131 Road, Detling, Gillingham, Kent ME7 3ND Arran Bank Farm Orchard Store, TQ79136147 Dunn Street Road, Detling, Gillingham, Kent ME7 3ND Little Halstead Farm, Yelsted TQ78026117 Lane, Boxley, Maidstone, Kent ME14 3EJ Westfield Sole Farm and Farmhouse and TQ77346118 Cottage, Harp Farm Road, Boxley, Maidstone, Kent ME14 3EJ Westfield Sole Farm Shop, house, garages and TQ77246136 premises, Harp Farm Road, Boxley, Maidstone, Kent ME14 3EJ Allotments, Wrotham Road/Park Hill, TQ63906826 Wrotham Road, Meopham, Kent Holly Hill House, Holly Hill, Snodland, TQ67036332 Kent 1 Holly Cottages, Holly Hill, Snodland, TQ67026314 Kent 2 Holly Cottages, Holly Hill, Snodland, TQ67026315 6 Southern – Water & Sewerage Undertaker - Appointment Kent Bridgewood Manor Hotel, TQ74816341 Maidstone Road, Chatham, Kent ME5 9AX 7A, 8, & 9, Friars Avenue, TQ75856260 Walderslade, Chatham,
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