Utilities Act 2000
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Change 1
60 Licence enforcement.
(1) The 1989 Act is amended as follows. (2) In subsection (1) of section 25 (orders for securing compliance with certain provisions), for “and (5)” there is substituted “ , (5) and (5A) ”. (3) In subsections (2), (4) and (6) of that section, for “subsection (5)” there is substituted “ subsections (5) and (5A) ”. (4) In subsection (5) of that section, paragraphs (b) and (c) shall cease to have effect. (5) After subsection (5) of that section there is inserted— (5A) The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied— (a) that the licence holder has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the licence holder to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or (b) that the contraventions were or the apprehended contraventions are of a trivial nature. (6) In section 26 (procedural requirements for making orders under section 25), in subsections (1)(c) and (4)(b), for “28” there is substituted “ 21 ”. (7) Subsections (2) to (6) do not have effect in relation to— (a) a provisional order which has been made before the commencement of the subsection making the amendment; or (b) a final order in respect of which notice has been given under section 26(1) of the 1989 Act before the commencement of the subsection making the amendment.
60 Licence enforcement.
(1) The 1989 Act is amended as follows. (2) In subsection (1) of section 25 (orders for securing compliance with certain provisions), for “and (5)” there is substituted “ , (5) and (5A) ”. (3) In subsections (2), (4) and (6) of that section, for “subsection (5)” there is substituted “ subsections (5) and (5A) ”. (4) In subsection (5) of that section, paragraphs (b) and (c) shall cease to have effect. (5) After subsection (5) of that section there is inserted— (5A) The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied— (a) that the licence holder has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the licence holder to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or (b) that the contraventions were or the apprehended contraventions are of a trivial nature. (6) In section 26 (procedural requirements for making orders under section 25), in subsections (1)(c) and (4)(b), for “28” there is substituted “ 21 ”. (7) Subsections (2) to (6) do not have effect in relation to— (a) a provisional order which has been made before the commencement of the subsection making the amendment; or (b) a final order in respect of which notice has been given under section 26(1) of the 1989 Act before the commencement of the subsection making the amendment.
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