The Water Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2015

Transitional provisions made by the Secretary of State and the Welsh Ministers

4.—(1) The transitional provisions in this article are made by the Secretary of State and the Welsh Ministers, as follows—

(a)until section 8(1) of the 2014 Act comes into force to the extent that it substitutes section 40A of the 1991 Act, section 40A as referred to in section 40J(3) of the 1991 Act is to be read as if section 40A of the 1991 Act as substituted were in force; and

(b)in relation to section 24 of the 2014 Act—

(i)until the Secretary of State publishes a statement setting out strategic priorities and objectives for the Authority under section 2A(1) of the 1991 Act—

(aa)under section 2A(2) of the 1991 Act, the Authority must carry out those functions in accordance with the old guidance, as if the old guidance was a statement published under section 2A(1) of the 1991 Act; and

(bb)under section 192A(3A) of the 1991 Act, the forward work programme for any year must also include an explanation of how the projects described in it reflect the social or environmental policies set out or referred to in the old guidance;

(ii)until the Welsh Ministers publish a statement setting out strategic priorities and objectives for the Authority under section 2B(1) of the 1991 Act—

(aa)under section 2B(2) of the 1991 Act, the Authority must carry out those functions in accordance with old guidance, as if the old guidance was a statement published under section 2B(1) of the 1991 Act; and

(bb)under section 192A(3A) of the 1991 Act, the forward work programme for any year must also include an explanation of how the projects described in it reflect the social or environmental policies set out or referred to in the old guidance.

(2) In this article—

“the Authority” means the Water Services Regulation Authority(1);

“old guidance” means guidance issued by the Secretary of State or the Welsh Ministers to the Authority on social and environmental matters under section 2A(1) of the 1991 Act(2) as it had effect before being substituted under section 24(1) of the 2014 Act.

(1)

See section 1A(1) of the 1991 Act, as inserted by section 34(1) of the Water Act 2003 (c.37).

(2)

Section 2A was inserted by section 40 of the Water Act 2003.