s.3Functions of the Office
3
Section 3Part 2 — POWERS, DUTIES AND RESPONSIBILITIES OF THE UTILITY REGULATION AND COMPETITION OFFICE

Functions of the Office

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Subject to this Law and any other Law, the Office has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Law.
Without prejudice to subsection (1), the principal functions of the Office include doing all things necessary or convenient to be done for or in connection with regulating service providers, including —
setting, monitoring and regulating the tariffs, rate structures, and terms and conditions for water and wastewater services charged to consumers by service providers in accordance with the respective RCAM set out in administrative determinations or licences;
reviewing and approving other rates offered by service providers outside of the respective RCAM set out in administrative determinations or licences or available at the option of the consumer;
establishing, monitoring, reviewing or amending service standards provided for under this Law or in any licence granted or administrative determination issued by the Office under this Law;
granting, modifying, renewing, suspending or revoking licences issued under this Law or the Water Laws;
monitoring and regulating service providers in a manner that provides an opportunity for a fair and reasonable return to service providers, and protects the economic interests and wellbeing of consumers by facilitating an environment that mimics as far as is possible competitive behaviour;
carrying out the functions and duties prescribed having regard to the need to regulate and supervise service providers in such a manner as to ensure that all reasonable demands by consumers for water or wastewater service, or both, are satisfied;
reviewing and approving annual, medium and long term investment plans accordingly submitted by service providers;
recommending to the Minister charged with responsibility for water, the making of regulations under this Law and the Water laws;
establishing and enforcing administrative determinations, including administrative determinations prescribing the regulatory framework for the Authority and any other service provider;
establishing and enforcing regulations, as well as the processes regarding the granting of licences under the Water Laws;
reviewing and advising the Minister charged with responsibility for water on national development plans for water and wastewater services that are prepared by the Authority pursuant to its functions under the Water Authority Law (2018 Revision);
promoting the development and deployment of new technologies in water and wastewater services where such technologies will in the long term bring economic benefits to the economy of the Islands and financial advantages to consumers;
facilitating access to potable water supply for rural customers;
protecting the disadvantaged and the elderly in the provision of water and wastewater services;
promoting the use of renewable energy and energy efficiency in the provision of water and wastewater services including initiatives at the customer level;
promoting, through public education, research, and other initiatives sustainable development of the natural resources; and
promoting the proper functioning of the critical national infrastructure.
In respect of the grant of concessions pursuant to the Water Laws, the Office —
may advise the Cabinet on the granting of concessions;
shall issue licences to concessionaires; and
in carrying out the functions and duties imposed, and exercising the powers conferred, by paragraphs (a) and (b), shall have regard to —
the need to ensure that applicants and concessionaires are capable of financing the activities they are, or seek to be, licensed to undertake;
whether concessionaires have promoted or will promote safety, sound environmental practices, technical proficiency and efficiency in the areas of water supply or wastewater services, or both;
whether concessionaires have ensured or will ensure the continuity, security and qualities of water supply or wastewater services, or both, within the Islands;
whether the persons directly associated with the application are fit and proper persons to be granted a licence;
whether concessionaires have promoted or will promote the efficient consumption or use of water by consumers; and
the needs of rural customers, the disadvantaged and the elderly.
The Office shall carry out the functions and exercise the powers conferred upon it under this Law in a manner which —
is reasonable;
does not discriminate unfairly between applicants for licences or service providers;
protects the interests of consumers;
protects the security and public interests of the Islands; and
is consistent with the General Regulatory Principles set out in the Schedule.

Defined Terms

OfficeService providersWater and wastewater servicesRCAMUtility Regulation and Competition OfficeConcessionsLicencesAuthority

Cross References