![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |
United Kingdom Statutory Instruments |
||
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004 No. 641 URL: https://www.bailii.org/uk/legis/num_reg/2004/20040641.html |
[New search] [Help]
Made | 8th March 2004 |
(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 17th March 2004
2.
The following provisions of the Act shall come into force on 17th March 2004 -
(c) section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendment made by paragraph 42 of Schedule 7; and
(d) section 101(2), in so far as it relates to the following repeals specified in Schedule 9 -
Provisions coming into force on 1st April 2004
3.
The following provisions of the Act shall come into force on 1st April 2004 -
(m) section 57 (the Chief Inspector of Drinking Water and the Drinking Water Inspectorate);
(n) sections 60 and 61 (penalties);
(o) section 64 (drought orders and drought permits: charges);
(p) section 65 (drought orders: procedure at local inquiries);
(q) sections 66 and 68 (land drainage and flood defence);
(r) section 71 (extension of Environment Agency's powers of entry under the WRA);
(s) section 72 (efficient use of water resources);
(t) section 75 (extension of enforcement authority's reserve powers under the Reservoirs Act 1975), in so far as it applies in relation to England[7];
(u) sections 81 to 83 (water conservation);
(v) section 84 (fire hydrants);
(w) section 85 (control of water from coal mines);
(x) in section 100 (devolution: Wales) -
(y) section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made by the provisions of Schedules 7 and 8 specified in Schedule 2 to this Order; and
(z) section 101(2), in so far as it relates to the following repeals specified in Schedule 9 -
Provisions coming into force on 28th May 2004
4.
The following provisions of the Act shall come into force on 28th May 2004 -
(d) section 101(2), in so far as it relates to the following repeals specified in Schedule 9 -
Provisions coming into force on 1st April 2005
5.
Section 24 (claims arising out of water abstraction) shall come into force on 1st April 2005.
Transitional provisions
6.
- (1) The transitional provisions in Schedule 3 to this Order shall have effect.
(2) Paragraph (1) shall come into force -
Elliot Morley
Minister of State, Department for Environment, Food and Rural Affairs
8th March 2004
Paragraph of Schedule 4 | Provisions inserted into the WIA | Relevant purposes |
Paragraph 2 | Section 17A(1) and (2), and (4) to (6) | The purpose of enabling the Secretary of State to give a general authorisation to the Authority. |
Section 17A(3) | The purposes of enabling the Authority to issue guidance under sections 17A(9) and 17D(3) and of enabling the Secretary of State and the Assembly to make regulations under section 17C(3) and (4). | |
Section 17A(9) and (10) | ||
Section 17B | ||
Section 17C | ||
Section 17D(1) to (7) | ||
Section 17D(12) | The purpose of enabling the Secretary of State to make regulations under section 17D(7). | |
Section 17F(1) to (3) | The purposes of enabling the Secretary of State to make regulations under section 17F(1) to (3), and (5). | |
Section 17F(5) | ||
Section 17G | The purpose of enabling the Secretary of State to determine standard licence conditions pursuant to section 17H. | |
Section 17H(1) to (4) | ||
Section 17J(6) to (7), and (9) to (11) | The purpose of enabling the Secretary of State to make an order under section 17J(6). | |
Paragraph 3 | Section 66A(6) | The purpose of enabling the Secretary of State to make regulations prescribing which requirements of regulations under section 74 are relevant. |
Section 66B(8) to (10), and (12) | ||
Section 66D(4) to (6) | ||
Section 66E | ||
Section 66F(5) to (8) | ||
Section 66I(3) | ||
Section 66I(8) | The purpose of enabling the Secretary of State and the Assembly to make regulations under section 66I(3). | |
Section 66J(3) | ||
Section 66J(9) | The purpose of enabling the Secretary of State and the Assembly to make regulations under section 66J(3). | |
Section 66K | ||
Section 66L |
Schedule | Provision |
Schedule 7 |
Paragraphs 6, 14, 31, 37 and 40, and paragraph 1 in so far as it relates to those paragraphs. Paragraphs 23, 24, 33, 34 and 35, in so far as each of those paragraphs relates to the amendments made by its sub-paragraph (b). In paragraph 26, sub-paragraphs (2)(a)(i)(b) and (iii), and sub-paragraph (1) in so far as it relates to those sub-paragraphs. In paragraph 27, sub-paragraphs (5)(a)(ii), (iii) and (v), (5)(b)(ii) and (7)(a), and sub-paragraph (1) in so far as it relates to those sub-paragraphs. In paragraph 28, sub-paragraphs (3)(a)(ii), (iii) and (v), and (3)(b)(iii), and sub-paragraph (1) in so far as it relates to those sub-paragraphs. In paragraph 32, sub-paragraph (3) and sub-paragraph (4)(b) (in so far as the latter relates to paragraph 13(3) of Schedule 10 to the Competition Act 1998), and sub-paragraph (1) in so far as it relates to sub-paragraphs (3) and (4)(b) so far as commenced by this paragraph. In paragraph 36, sub-paragraph (4), and sub-paragraph (1) in so far as it relates to that sub-paragraph. |
Schedule 8 |
In paragraph 1, sub-paragraph (4), and sub-paragraph (1) in so far as it relates to that sub-paragraph. Paragraphs 19, 23, 43, 44 and 48, and paragraph 2 in so far as it relates to those paragraphs. In paragraph 47, sub-paragraph (4), and sub-paragraph (1) and paragraph 2 in so far as they relate to sub-paragraph (4). In paragraph 49, sub-paragraph (3), and sub-paragraph (1) and paragraph 2 in so far as they relate to sub-paragraph (3). Paragraph 50, in so far as the definitions it amends have effect for the purposes of the provisions of the WIA amended or introduced by virtue of a provision brought into force by this Order, and paragraph 2 in so far as it relates to that paragraph. In paragraph 53, sub-paragraph (3)(c), and sub-paragraph (1) in so far as it relates to that sub-paragraph. |
(2) In this paragraph, "the relevant day" means the first day on which all of the provisions of section 6(1) are in force.
2.
Until the coming fully into force of section 1 (licences to abstract water), sections 38(1A) (general consideration of licence applications) and 46A (limited extension of abstraction licence validity) of the WRA, as inserted by sections 15 and 20 respectively, shall have effect as if -
3.
Until the coming fully into force of section 17 (protected rights), section 39B (register of certain protected rights) of the WRA, as inserted by section 18, shall have effect as if it did not enable regulations or an order to be made so as to come into force before that time.
4.
Until the coming fully into force of section 23 (transfer and apportionment of licences), the amendments made by section 24 shall have effect as if in section 48A(7)(b) of the WRA (civil remedies for loss or damage due to water abstraction) the words "and section 59C(6) below" were omitted.
5.
Any appointment as a technical assessor under section 86 of the WIA (assessors for the enforcement of water quality), or designation under subsection (4) of that section, which -
shall have effect as if it were an appointment as, or (as the case may be) a designation of, an inspector under section 86 of the WIA as amended by section 57.
6.
A designation in writing for the purposes of section 169 of the WRA (powers of entry for enforcement purposes) which -
shall have effect as if given for the purposes of section 169 of the WRA as amended by section 71.
7.
Until the coming fully into force of section 36(1) (transfer to the Authority and the Consumer Council for Water of functions, property etc), any reference to the Authority in -
shall have effect as if it were a reference to the Director General of Water Services.
[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 69 and 75) is the Secretary of State after consulting "the Assembly" (the National Assembly for Wales: section 105(2)); the appropriate authority in relation to sections 69 and 75 is the Secretary of State in relation to England and the Assembly in relation to Wales (section 105(5) and (6)).back
[3] The day appointed on which section 69 comes into force as it applies in relation to Wales is 1st April 2004 (the Water Act 2003 (Commencement) (Wales) Order 2004, S.I. 2004/910 (W. 93) (C. 39)).back
[4] "The WRA" means the Water Resources Act 1991 (c. 57) (section 105(2) of the Act).back
[6] "The WIA" means the Water Industry Act 1991 (c. 56) (section 105(2) of the Act).back
[7] 1975 c. 23. Equivalent provision in relation to Wales is made by the Water Act 2003 (Commencement) (Wales) Order 2004 (S.I. 2004/910 (W. 93) (C. 39)).back
[8] S.I. 2004/910 (W. 93) (C. 39).back
© Crown copyright 2004