Part 5: Water Section 86: Water and sewerage undertakers in England: modifying appointments New section 12I Determination of appeal by CMA: supplementary
Subsection (1) sets out how the CMA must set out the determination of an appeal (in an order), what should be included in it, when and how it should be published, and whom the CMA must notify.
	Subsection (2) allows the CMA not to publish any commercial information that could harm the business interests of an undertaking to which the determination relates, or any information that relates to an individual and could harm their interests.
	Subsection (3) requires Ofwat to take any steps needed to comply with an order issued by the CMA.
	Subsection (4) provides that Ofwat must comply with any order issued by the CMA by the time specified in the order or, if no time is specified, within a reasonable time.
	Subsection (5) provides that new section 12C, under which a consequential change to other conditions linked with the original change could be made, applies as it applies where a condition of a licence is modified under new section 12A. Under new section 12G, Ofwat may be required to reconsider and redetermine a licence modification decision if an appeal is allowed by the CMA.
	Subsection (3) of section 86 inserts a new heading before section 13 of the Water Industry Act 1991 to read "Modification of appointment conditions: Wales". This clarifies that, following the amendments made by this Act, sections 13 to 16B of the Water Industry Act 1991 will apply solely to undertakers whose appointments areas are wholly or mainly in Wales. The current process for modification of licence conditions by agreement will effectively continue for Wales only.
	Subsection (4) of section 86 inserts a new subsection (A1) into section 13 of the Water Industry Act 1991, clarifying that that sections 13 to 16B apply only to undertakers whose areas of appointment are wholly or mainly in Wales.
	Subsection (5) of section 86 inserts a new heading before section 17 of the Water Industry Act 1991 to clarify that section 17 applies to the modification of conditions in both England and Wales.
	Subsection (6) of section 86 inserts a new Schedule 2ZA into the Water Industry Act 1991, which details the procedure for appeals made under section 12D of the Water Industry Act 1991.
	Members of the CMA Panel will consider appeals made to the CMA in respect of water and sewerage undertaker licence modification decisions. Subsection (7) makes a consequential amendment to the CMA Panels provision in Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (paragraph 35(3)), to ensure that appeals to the CMA under new section 12D of the Water Industry Act 1991 will meet the definition of a "specialist utility function" in the Enterprise and Regulatory Reform Act 2013. This will ensure that CMA panel experts are able to carry out new section 12D functions.