Thames Water is privately owned by a consortium of institutional investors – primarily pension funds and sovereign wealth funds. About 80% is owned by
- The Ontario Municipal Employees Retirement System, a Canadian pension fund that holds around 32% of Thames Water’s shares.
- Universities Superannuation Scheme – a UK pension scheme for university staff that holds around 20% of Thames Water’s shares.
- Infinity Investments, which is a subsidiary of the Abu Dhabi Investment Authority, that holds around 10% of Thames Water’s shares.
- British Columbia Investment Management Corporation, a Canadian investment manager that holds around 9% of Thames Water’s shares.
- China Investment Corporation, a sovereign wealth fund from China that holds around 9% of Thames Water’s shares.
There are also bond holders, who have lent money to the company. The publicly available information on Thames Water’s creditors is that its class A bondholders, hold about £12bn in debt and include Abrdn, Apollo Global Management, and Elliott Investment Management. Their status as class A debt holders comes from the terms of the £3bn loan approved by the Court on 17 February.
While Thames Water is privately owned, it is a regulated utility company with specific licensing requirements and a special administration regime in place. The Water Services Regulation Authority, or Ofwat, is the body responsible for the economic regulation of the privatised water and sewerage industry in England and Wales.
Ofwat grants Thames Water the legal right to operate, sets price limits, monitors performance to check whether Thames Water is meeting standards for water quality, customer service, and infrastructure. If Thames Water fails to meet these license requirements, Ofwat can take action, including fines or even revoking the license.
Beyond that, as a supplier of essential services, Thames Water is subject to what is called a Special Administration Regime. If the company is in serious trouble, the government can step in and appoint special administrators.
All of which raises the question of the possible consequences that the law allows if Ofwat was to revoke Thames Water’s licence and the government stepped in and appointed special administrators? Specifically, what rights if any would the investors and bondholders have?
First, Ofwat has never revoked a water company’s license. If it were to decide to do so it would have to cite repeated breaches of environmental regulations such as massive sewage spills. These have already occurred with record fines.
The £3 billion restructuring plan in the form of new bonds to that value gives the bondholders what is called super-senior status, but only applies to the new bonds approved by the High Court. The money comes in two tranches, half now and the rest through to 2026. The effect is to give liquidity to Thames Water, but a point will come when the bond holders will either be content to roll over their bonds or they will want their money.
So why did the bondholders agree to lend more money? Part of the reason is the whopping 9.75% interest rate on the bonds and the fact that they have a short maturity period of two and a half years.
So watch this space, or more particularly watch January 2027 when those bonds mature.
How could it play out? A lot depends on Thames Water’s environmental record going forward. With huge financial pressure the temptation to cut corners will be all the greater. And then there are still the bonds that were issued before the latest issue. Some of those will be coming up, I assume. And what of the investors? What of the Ontario Municipal Employees and what of the UK university staff who might want to have a say in whether the funds divest and whether they divest now or further down the line.