Statutory Rules of Northern Ireland

"the Order" means the Water and Sewerage Services (Northern Ireland) Order 2006;

"aid" means state aid within the meaning of Article 87 of the Treaty establishing the European Community;

"applicable turnover" shall be construed in accordance with paragraph (2);

"business year" means a period of more than six months in respect of which relevant undertaker prepares a single set of regulatory accounts;

"company" means a relevant undertaker;

"date of the notice" means the date on which the enforcement authority gives notice under Article 35(3) of the Order;

"preceding business year" means the last business year preceding the date of the notice;

"regulated activities" means—

(a) in the case of a company holding an appointment as a water undertaker, its functions as a water undertaker; or

(b) in the case of a company holding an appointment as a sewerage undertaker, its functions as a sewerage undertaker;

"regulatory accounts" means regular accounting and other information which the undertaker is required by its instrument of appointment to supply to the Authority;

    (2) "Applicable turnover" means—

(a) the amounts, determined in conformity with normal accounting practice in the United Kingdom, which are derived by a company from the provision of goods and services in the course of the company's regulated activities in respect of which the penalty is imposed, less sales rebates, value added tax and any other taxes based on such amounts; and

(b) payments by way of aid granted by a public body to the company, if the aid—


(i) facilitates or promotes the company's regulated activities; and

(ii) is reflected in the price charged by the company for the goods or services it provides.