2015 No. 1938 (C. 119)
The Water Act 2014 (Commencement No. 5 and Transitional Provisions) Order 2015
Made
The Secretary of State and the Welsh Ministers make the following Order in exercise of the powers conferred by sections 91(1) and 94(3) of the Water Act 20141.
Citation and interpretation1
1
This Order may be cited as the Water Act 2014 (Commencement No. 5 and Transitional Provisions) Order 2015.
2
In this Order—
“the 1991 Act” means the Water Industry Act 19912;
“the 2014 Act” means the Water Act 2014.
Provisions of the 2014 Act coming into force on 18th December 20152
The following provisions of the 2014 Act come into force on 18th December 2015—
a
section 6 (arrangements with the Water Industry Commission for Scotland) as follows—
i
subsection (1) so far as it relates to sub-paragraph (ii); and
ii
subsection (2) so far as it inserts section 17FA into the 1991 Act;
b
section 10 (agreements by water undertakers to adopt infrastructure)3 as follows—
i
subsection (1) so far as it relates to sub-paragraph (ii); and
ii
subsection (3) so far as it inserts sections 51CD to 51CG into the 1991 Act;
c
section 11 (agreements by sewerage undertakers to adopt infrastructure)4 as follows—
i
subsection (1) so far as it relates to sub-paragraph (ii); and
ii
subsection (3) so far as it inserts sections 105ZF to 105ZI into the 1991 Act;
d
section 14 (exceptions to duty and undertakings in lieu of merger references), so far as not already in force;
e
section 22 (primary duty to secure resilience)5, so far as not already in force;
f
section 56 (further amendments) so far as it relates to paragraph (g); and
g
in Schedule 7 (further amendments)—
i
paragraph 3(8)(b) so far as it relates to sections 51CD to 51CG and 105ZF to 105ZI of the 1991 Act;
ii
paragraphs 2 and 3(1), (2) and (8)(a) and (c) so far as they relate to sub-paragraph (i);
iii
paragraph 147; and
iv
paragraph 143 so far as it relates to sub-paragraph (iii).
Provisions of the 2014 Act coming into force on 1st January 20163
The following provisions of the 2014 Act come into force on 1st January 2016—
a
section 1 (types of water supply licence and arrangements with water undertakers) as follows—
i
subsection (1) so far as it substitutes section 17A(2) to (6) of the 1991 Act6; and
ii
subsection (2);
b
section 4 (types of sewerage licence and arrangements with sewerage undertakers) as follows—
i
subsection (1) so far as it inserts section 17BA(2) to (5) into the 1991 Act; and
ii
subsection (2);
c
section 56 so far as it relates to paragraph (f);
d
Schedule 1 (water supply licences: authorisations);
e
Schedule 3 (sewerage licences: authorisations); and
f
in Schedule 7—
i
paragraph 11;
ii
paragraph 12(2);
iii
paragraph 12(1) so far as it relates to sub-paragraph (ii);
iv
paragraph 13;
v
paragraph 15(3), (4)(a), (c) and (d) and (5);
vi
paragraph 15(1) so far as it relates to sub-paragraph (v);
vii
paragraphs 16 to 18; and
viii
paragraph 2 so far as it relates to sub-paragraphs (i) to (vii).
Transitional provisions4
1
Despite the commencement of section 1 of the 2014 Act in relation to section 17A(5) of the 1991 Act, the general authorisation given by the Secretary of State to the Authority under section 17A(1) of the 1991 Act continues to have effect in relation to an old water supply licence, until the old water supply licence has been withdrawn or replaced with a new water supply licence.
2
Until section 1 of the 2014 Act comes into force to the extent that it substitutes section 17A(1) of the 1991 Act, section 17A(2) to (6) of the 1991 Act continues to have effect in relation to an old water supply licence as it was prior to being substituted by the 2014 Act.
3
Guidance issued by the Authority under section 17D(3) of the 1991 Act7 on estimates of the quantity of water to be supplied to any premises applies to a new water supply licensee so far as its licence relates to the use of the supply system of a wholly or mainly Welsh undertaker as it currently applies to an old water supply licensee.
4
Guidance issued by the Authority under section 17A(9) of the 1991 Act (prior to that section being substituted by the 2014 Act) on the factors to be taken into account in determining the extent of any premises for the purposes of section 17A(3) of the 1991 Act has effect as if it was published under paragraph 10 of Schedule 2A and paragraph 4 of Schedule 2B to the 1991 Act.
5
In this article—
“the Authority” means the Water Services Regulation Authority8;
“new water supply licence” has the meaning given in paragraph 11 of Schedule 11 to the 2014 Act9;
“new water supply licensee” means a person who is the holder for the time being of a new water supply licence;
“old water supply licence” has the meaning given in paragraph 11 of Schedule 11 to the 2014 Act10;
“old water supply licensee” means a person who is the holder for the time being of an old water supply licence.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the 2014 Act have been or will be brought into force by a commencement order made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
---|---|---|
Section 1 (partially) | 1st September 2015 | |
Section 1 (partially) | 1st September 2015 | |
Section 4 (partially) | 1st September 2015 | |
Section 4 (partially) | 1st September 2015 | |
Section 7 (partially)11 | 20th November 2015 | |
Section 8 (partially) | 6th April 2015 | |
Section 14 (partially) | 6th April 2015 | |
Section 16 (partially) | 15th July 2015 | |
Section 16 (for all remaining purposes) | 1st November 2015 | |
Section 17 (partially) | 6th April 2015 | |
Section 17 (partially) | 15th July 2015 | |
Section 23 (partially) | 1st January 2015 | |
Section 23 (partially) | 6th April 2015 | |
Section 24 | 6th April 2015 | |
Section 29 (partially) | 1st January 2015 | |
Section 29 (partially) | 15th July 2015 | |
Section 30 (partially) | 1st January 2015 | |
Section 30 (partially) | 15th July 2015 | |
Section 38 (partially) | 1st January 2015 | |
Section 38 (partially) | 6th April 2015 | |
Section 40(1) | 14th July 2014 | |
Section 41 | 1st November 2015 | |
Sections 42 to 47 | 6th April 2015 | |
Section 49 | 6th April 2015 | |
Sections 51 to 52 | 6th April 2015 | |
Section 53 (partially) | 6th April 2015 | |
Section 55 | 1st January 2015 | |
Section 56 (partially) | 1st January 2015 | |
Section 56 (partially) | 15th July 2015 | |
Section 56 (partially) | 1st September 2015 | |
Section 56 (partially) | 1st November 2015 | |
Section 59 | 1st October 2014 | |
Sections 64 to 68 | 1st January 2015 | |
Section 69 (for all remaining purposes) | 1st January 2015 | |
Section 82 (partially) | 1st January 2015 | |
Sections 83 to 84 | 1st January 2015 | |
Schedule 2 (partially) | 1st September 2015 | |
Schedule 2 (partially) | 1st September 2015 | |
Schedule 4 (partially) | 1st September 2015 | |
Schedule 4 (partially) | 1st September 2015 | |
Schedule 7 (partially) | 1st January 2015 | |
Schedule 7 (partially) | 15th July 2015 | |
Schedule 7 (partially) | 1st September 2015 | |
Schedule 7 (partially) | 1st November 2015 | |
Schedule 9 | 14th July 2014 |