- Latest available (Revised)
- Original (As enacted)
Water Act 2003, Paragraph 51 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
51(1)Schedule 2 (transitional provision on termination of appointments) is amended as follows.E+W
(2)In paragraph 1, in sub-paragraph (1), for “and (3)” there is substituted “ to (3A) ”.
(3)In that paragraph, in paragraph (a) of sub-paragraph (3), after “company” there is inserted “ holding an appointment under Chapter 1 of this Part ”.
(4)In that paragraph, after that sub-paragraph there is inserted—
“(3A)The third case in which this Schedule applies is where—
(a)the High Court has made a special administration order in relation to any company which is a qualifying licensed water supplier (“the transferor”); and
(b)it is proposed that on and after the relevant date another company (“the transferee”) should carry on activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Act which were carried on by the transferor until that date.”
(5)In that paragraph, in sub-paragraph (4)—
(a)in paragraph (b) of the definition of “the relevant date”, after “sub-paragraph (3)” there is inserted “ or (3A) ”, and
(b)there are inserted in the appropriate places—
““other relevant companies” means any companies, other than the transferor and the transferee, which are likely on or at a time after the relevant date to be holding appointments as water undertakers for any area in which, or in part of which, the activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this Act will be carried on by the transferee;”
““transferor” and “transferee” shall be construed in accordance with sub-paragraph (3A) above;”.
(6)In paragraph 2, after sub-paragraph (7) there is inserted—
“(7A)In a case specified in paragraph 1(3A) above—
(a)the preceding provisions of this paragraph shall have effect as if—
(i)any reference to the existing appointee were a reference to the transferor;
(ii)any reference to the new appointee were a reference to the transferee; and
(iii)any reference to other appointees were a reference to other relevant companies; and
(b)sub-paragraph (6) above shall have effect as if the reference to functions were, in relation to a company which is a licensed water supplier, a reference to activities authorised by its licence and any statutory functions imposed on it in consequence of its licence.”
(7)In paragraph 3, after sub-paragraph (6) there is inserted—
“(7)In a case specified in paragraph 1(3A) above the preceding provisions of this paragraph shall have effect as if—
(a)any reference to the existing appointee were a reference to the transferor;
(b)any reference to the new appointee were a reference to the transferee; and
(c)any reference to other appointees were a reference to other relevant companies.”
(8)After paragraph 4 there is inserted—
4AWhere a scheme under this Schedule is made in the case specified in paragraph 1(3A) above, the scheme may not provide for the transfer to the transferee of the licence under Chapter 1A of Part 2 of this Act which is held by the transferor.”
(9)In paragraph 5, after sub-paragraph (2) there is inserted—
“(3)In a case specified in paragraph 1(3A) above—
(a)sub-paragraph (2) above shall have effect as if—
(i)any reference to the existing appointee were a reference to the transferor;
(ii)any reference to the new appointee were a reference to the transferee; and
(iii)any reference to any other appointee or appointees were a reference to any other relevant company or companies; and
(b)paragraph (g) of that sub-paragraph shall have effect as if the reference to two or more such appointees as are mentioned in paragraph (f) of that sub-paragraph were a reference to two or more such persons as are mentioned in that paragraph (as it has effect by virtue of paragraph (a) above).”
(10)In paragraph 6, after sub-paragraph (8) there is inserted—
“(9)In a case specified in paragraph 1(3A) above, the preceding provisions of this paragraph shall have effect as if—
(a)any reference to the existing appointee were a reference to the transferor; and
(b)any reference to the new appointee were a reference to the transferee.”
Commencement Information
I1Sch. 8 para. 51 in force at 1.12.2005 by S.I. 2005/2714, art. 3(c) (with Sch. para. 8)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: