The Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 4) Order 2006

Scottish Statutory Instruments

2006 No. 55 (C. 7)

WATER

The Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 4) Order 2006

Made

8th February 2006

The Scottish Ministers, in exercise of the powers conferred by section 38(1) of the Water Environment and Water Services (Scotland) Act 2003(1), hereby make the following Order:

Citation

1.  This Order may be cited as the Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 4) Order 2006.

Appointed Day

2.  6th March 2006 is hereby appointed the day on which the following provisions of the Water Environment and Water Services (Scotland) Act 2003 come into force:–

(a) section 29;

(b) section 32; and

(c) section 33(1) insofar as it inserts definitions of “public SUD system”, “road water”, “SUD system” and “sustainable urban drainage system” into section 59(1) of the Sewerage (Scotland) Act 1968(2).

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th February 2006

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Water Environment and Water Services (Scotland) Act 2003 (“the 2003 Act”) on 6th March 2006.

Regulation 2(a) commences section 29 of the 2003 Act which inserts, respectively, new section 1(3A) to (3D) into the Sewerage (Scotland) Act 1968 (“the 1968 Act”) and new section 6(2A) to (2E) into the Water (Scotland) Act 1980 (c. 45) (“the 1980 Act”). These provisions enable the Scottish Ministers to make regulations on what comprises a reasonable cost for the purposes of section 1 of the 1968 Act and section 6 of the 1980 Act. The regulations may include provision on the matters which may be taken into, or left out of, account in calculating that reasonable cost, and for the method of calculation to be applied.

Regulation 2(b) commences section 32 of the 2003 Act, which amends the 1980 Act to clarify the circumstances in which infrastructure, including waterworks and mains, vest in Scottish Water.

Regulation 2(c) commences section 33 of the 2003 Act, which inserts a definition of “public SUD system” into section 59(1) of the 1968 Act, which definition is referred to in section 1(3B) of the 1968 Act. Regulation 2(c) also commences associated definitions.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.S.I. No.
Sections 1 to 7, 18, 20, 21, 26 and 28	15th December 2003	2003/562
Sections 8 to 11, 15 and 17	1st June 2005	2005/235
Section 25 and Schedules 1 and 2	20th May 2005	2005/256

(1)

2003 asp 3, as amended by S.S.I. 2005/348.

(2)

1968 c. 47.