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United Kingdom Statutory Instruments


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2004 No. 2528 (C. 106)

WATER

The Water Act 2003 (Commencement No. 2, Transitional Provisions and Savings) Order 2004

  Made 23rd September 2004 

The Secretary of State, in exercise of the powers conferred upon her by sections 104(6)(a) and 105(3) to (6) of the Water Act 2003[1] and having consulted the National Assembly for Wales[2], hereby makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Water Act 2003 (Commencement No. 2, Transitional Provisions and Savings) Order 2004.

    (2) In this Order - 

    (3) Unless the contrary intention appears, any reference in this Order to a section or Schedule is a reference to a section of or a Schedule to the Act.

Provisions coming into force on 1st October 2004
     2. The following provisions of the Act shall come into force on 1st October 2004 - 

Provisions coming into force on 29th December 2004
     3. Section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendment made by paragraph 27(2) of Schedule 7, shall come into force on 29th December 2004.

Transitional provisions and savings
    
4.  - (1) The transitional provisions and savings in the Schedule shall have effect.

    (2) Paragraph (1) shall come into force on 1st October 2004.


Elliot Morley
Minister of State, Department for Environment, Food and Rural Affairs

23rd September 2004



SCHEDULE
Article 4


TRANSITIONAL PROVISIONS AND SAVINGS


     1. Section 61A of the WRA (recovery of compensation from new licence-holder), inserted by section 26, shall not apply where the application for the licence referred to in section 61A(1)(b) was received by the Environment Agency before 1st October 2004.

     2. In section 192B of the WIA (annual report), the reference to "financial year" shall not include a financial year ending before 31st March 2005.

     3. Until such time as section 35(1) (the Council), in so far as it inserts section 27A of the WIA (establishment of the Council and committees), and section 35(2) to (4) are fully in force - 

     4.  - (1) The duty in section 35A(2) of the WIA (remuneration and standards of performance) shall first apply in relation to the first financial year of a company which ends on or after 31st March 2005.

    (2) The duty in section 35A(5) of the WIA shall first apply in relation to the first financial year of a company which begins on or after 1st April 2005.

     5. Sections 54 (determination references under section 12 of the WIA) and 55 (conditions of appointment under the WIA), in so far as they relate to the introduction of section 16B(6) of the WIA, or that section as applied by the introduction of section 12(3B) of the WIA, shall have effect in relation to the application of the provisions in sections 110(1) to (4), (6), (8) and (9) and 111 to 115 of the Enterprise Act 2002[
8] relating to penalties (as those provisions are applied by section 16B(6) of the WIA or that section as applied by section 12(3B) of the WIA) - 

     6. The amendments made by section 87 shall not apply in relation to any transfer of a consent under paragraph 11(1) of Schedule 10 to the WRA which takes effect before 1st October 2004.

     7. Section 100(6) (devolution: Wales) shall have effect in relation to references to any Act generally only to the extent that those Acts have been amended as at the date of this Order.

     8. Until the coming fully into force of section 36(1) (transfer to the Water Services Regulation Authority and the Council of functions, property etc), any reference to the Water Services Regulation Authority in - 

shall have effect as if it were a reference to the Director General of Water Services.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force certain provisions of the Water Act 2003, and makes transitional provision and savings in respect of some of those provisions.

The provisions of Part 1 of the Act brought into force on 1st October 2004 relate to the recovery of compensation from new holders of abstraction licences (section 26), water resources management arrangements between the Environment Agency and water undertakers (section 29) and between the Environment Agency and any other abstractor (sections 28 and 29) and proposals for bulk supply arrangements (section 31).

The provisions in Part 2 of the Act brought into force on 1st October 2004 relate to the new regulatory arrangements for the water industry. They introduce forward work programmes and revised reporting for the Water Services Regulation Authority (section 38), and new reporting arrangements on links between directors' pay and standards of performance in the water industry (section 50). Provisions are brought into force relating to the new financial penalties regime that will be established under the Water Industry Act 1991 (section 48), enforcement under sections 18 and 20 of that Act (section 49) and references to the Competition Commission under that Act (sections 54 and 55). The offence of supplying water unfit for human consumption is also extended so as to apply to certain persons in addition to the water undertaker (employees and self-employed persons involved in the supply of water) (section 101(1) and Schedule 8).

The provisions in Part 3 of the Act brought into force on 1st October 2004:

Sections 74(1) and 76 extend to Scotland.

The provision brought into force on 29th December 2004 amends a provision of Water Industry Act 1991 inserted by section 70(1) of the Enterprise Act 2002, which will be brought into force on the same day in relation to water industry mergers.



NOTE AS TO EARLIER COMMENCMENT ORDERS


(This note is not part of the Order)


The following provisions of the Water Act 2003 have been brought into force in England and Wales by commencement orders made before the date of this Order:

Provision Date of Commencement S.I. No.
s.6 (partially) 1.4.2004 2004/641
s.9 1.4.2004 2004/641
s.10 (partially) 1.4.2004 2004/641
s.15 1.4.2004 2004/641
s.16 (partially) 1.4.2004 2004/641
s.18 1.4.2004 2004/641
s.19 (partially) 1.4.2004 2004/641
s.20 1.4.2004 2004/641
s.25 (partially) 1.4.2004 2004/641
s.27 1.4.2004 2004/641
s.37 1.4.2004 2004/641
s.53* 1.4.2004 2004/641
s.56, Sch.4 (partially) 1.4.2004 2004/641
s.57 1.4.2004 2004/641
s.60 1.4.2004 2004/641
s.61 1.4.2004 2004/641
s.64 1.4.2004 2004/641
s.65 1.4.2004 2004/641
s.66dagger 1.4.2004 2004/641
s.67 1.4.2004 2004/910 (W. 93)
s.68dagger 1.4.2004 2004/641
s.71 1.4.2004 2004/641
s.72 1.4.2004 2004/641
s.82 1.4.2004 2004/641
s.83 1.4.2004 2004/641
s.84 1.4.2004 2004/641
s.85* 1.4.2004 2004/641
s.90 28.5.2004 2004/641
s.91 28.5.2004 2004/641
s.92 28.5.2004 2004/641
s.93 28.5.2004 2004/641
s.94 28.5.2004 2004/641
s.95 28.5.2004 2004/641
s.96 28.5.2004 2004/641
s.97 28.5.2004 2004/641
s.99 28.5.2004 2004/641
s.100 (partially) 17.3.2004 2004/641
s.100 (partially) 1.4.2004 2004/641
s.100 (partially) 28.5.2004 2004/641
s.101(1), Sch.7 (partially) 1.4.2004 2004/641
s.101(1), Sch.8 (partially) 1.4.2004 2004/641
s.101(2), Sch.9 (partially) 1.4.2004 2004/641
s.101(2), Sch.9 (partially) 28.5.2004 2004/641

* These provisions also extend partially to Scotland (section 105(9) of the Act) and were brought into force in Scotland by the same order.

dagger These provisions also extend to Scotland (section 105(9) of the Act) and were brought into force in Scotland by the same order.

The following provisions of the Act have been brought into force in so far as they apply in relation to England by a commencement order made before the date of this Order:



Provision Date of Commencement S.I. No.
s.69Dagger 17.3.2004 2004/641
s.75Dagger 1.4.2004 2004/641
s.81 1.4.2004 2004/641
s.101(1), Sch.7 (partially)Dagger 17.3.2004 2004/641
s.101(2), Sch.9 (partially)Dagger 17.3.2004 2004/641

Dagger These provisions have been brought into force in relation to Wales by S.I. 2004/910 (W. 93).

The following provision of the Act will come into force in England and Wales by virtue of a commencement order made before the date of this Order:

Provision Date of Commencement S.I. No.
s.24 1.4.2005 2004/641


Notes:

[1] 2003 c. 37.back

[2] The power in section 105(3) to appoint a day on which provisions of the Water Act 2003 shall come into force is vested in the "appropriate authority". The appropriate authority in relation to provisions of the Act for which a day is appointed by this Order (except sections 77, 78, 80 and 86) is the Secretary of State after consulting "the Assembly" (the National Assembly for Wales: section 105(2)); the appropriate authority in relation to sections 77, 78, 80 and 86 is the Secretary of State in relation to England and the Assembly in relation to Wales (section 105(5) and (6)).back

[3] The expression "the WIA" means the Water Industry Act 1991 (c. 56) (section 105(2) of the Act).back

[4] 1975 c. 23.back

[5] The expression "the WRA" means the Water Resources Act 1991 (c. 57) (section 105(2) of the Act).back

[6] 1998 c. 41.back

[7] S.I. 1999/672.back

[8] 2002 c. 40.back



ISBN 0 11 049874 7


  © Crown copyright 2004

Prepared 30 September 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20042528.html