2007 No. 3520
water industry, england

The Mid Kent Water and South East Water (Amendment of Local Enactments and Supplemental Provisions) Order 2007

Made
Coming into force
The Water Services Regulation Authority (“the Authority”) has made a variation to an appointment under Chapter I of Part II of the Water Industry Act 19911 replacing Mid Kent Water Limited (“Mid Kent”) as a water undertaker with South East Water Limited (“South East”).

Mid Kent has made a scheme under Schedule 2 to that Act for the transfer of property, rights and liabilities from Mid Kent to South East. The Authority has approved the scheme and the scheme has come into force.

The Secretary of State thinks it appropriate to make an Order for the purposes of, or in connection with, the variation and the scheme.

In exercise of the powers conferred by paragraph 7 of Schedule 2 to the Water Industry Act 19912, the Secretary of State makes the following Order:

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Mid Kent Water and South East Water (Amendment of Local Enactments and Supplemental Provisions) Order 2007.

(2)

This Order comes into force on 14th December 2007.

(3)

In this Order, the “relevant enactments” means—

(a)

the Local Authorities (England) (Property etc.) Order 19733;

(b)

the Local Authorities etc. (Staff Transfer and Protection) Order 19744;

(c)

the Local Government Superannuation (Transferred Water Employees) Regulations 19835;

(d)

the Mid Kent Water (Constitution and Regulation) Order 19906, and the provisions in the enactments referred to in the first column of Parts I and II of Schedule 2 to that Order (provisions of the Mid Kent Water Acts and Orders 1888 to 1985 repealed) in so far as such provisions have not been repealed;

(e)

the Water Undertakers (Extension of Byelaws) Order 19987;

(f)

the Water Supply (Water Fittings) Regulations 19998;

(g)

the Water and Sewerage Undertakers (Pipelaying and Other Works) (Code of Practice) Order 19999; and

(h)

the Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 200610.

Amendment of local statutory provisions and supplemental provisions2.

(1)

Except in the relevant enactments—

(a)

in every local statutory provision, for “Mid Kent Water plc” or any reference to the undertaking of Mid Kent Water Limited, substitute “South East Water Limited”; and

(b)

in any other enactment, any reference to Mid Kent Water plc, Mid Kent Water Limited or to the undertaking of Mid Kent Water Limited has effect as a reference to South East Water Limited.

(2)

Every charges scheme made by Mid Kent Water Limited under section 143 of the Water Industry Act 1991 has effect as if it were made by South East Water Limited.

(3)

The code of practice prepared by Mid Kent Water plc and approved by the Secretary of State under the Water and Sewerage Undertakers (Pipelaying and Other Works) (Code of Practice) Order 1999 has effect in the former appointment area of Mid Kent Water Limited as if the code of practice had been prepared by South East Water Limited and approved by the Secretary of State under that Order.

R.J.Wood
A Senior Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
(This note is not part of the Order)

This Order makes amendments to local statutory provisions and supplemental provisions for the purposes of the replacement of Mid Kent Water Limited as a water undertaker by South East Water Limited. The term “local statutory provision” is defined in section 219(1) Water Industry Act 1991.