Search Legislation

Water Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Water Act 2003, Section 100 is up to date with all changes known to be in force on or before 08 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. Help about Changes to Legislation

Close

Changes to Legislation

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.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

100Devolution: WalesE+W

This section has no associated Explanatory Notes

(1)In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (referred to in this section as “the Order”), at the end there is inserted “ except section 12A(4). ”.

(2)The entry relating to the WIA in Schedule 1 to the Order is amended as follows—

(a)in the list of sections conferring on the Secretary of State functions which are not transferred by the Order—

(i)after “sections 1,” there is inserted “ 2A, ”,

(ii)for “17” there is substituted “ 16A, 17 to 17D, 17F to 17K, 17N to 17P, 17R, 22A to 22F, ”,

(iii)after “27(3),” there is inserted “ 27A, 27B, 27E, 27G, 27I to 27K, 29, 29A, ”,

(iv)after “35,” there is inserted “ 38B, 66B, 66F to 66L, 86(1A), 87B, 88A, 89, ”,

(v)after “92,” there is inserted “ 95B, ”,

(vi)after “152(2),” there is inserted “ 192A, 192B, ”,

(vii)before “206(3)(e)” there is inserted “ 195A, ”,

(viii)after “Schedules 1” there is inserted “ , 1A, 3A, ”,

(ix)at the end there is inserted “ and except functions under such other sections or Schedules as are expressly stated in the succeeding paragraphs to be so excepted (but only to the extent stated). ”,

(b)in the paragraph relating to functions under sections 2, 5 (etc)—

(i)the reference to section 2 is omitted,

(ii)the reference to sections 18 to 22 is omitted,

(iii)for “37 to 39” there is substituted “ 37, 38, 39, 51A ”,

(iv)the reference to sections 68 to 70 is omitted,

(v)the reference to section 93A is omitted,

(vi)for “94 to 96,” there is substituted “ 94, 95, 96, ”,

(vii)after “104,” there is inserted “ 105A to 105C, ”,

(viii)for “198 to 203” there is substituted “ 198 to 200 ”,

(ix)the reference to section 205 is omitted,

(x)at the end there is inserted “ (but not in relation to any licensed water suppliers). ”,

(c)the paragraph relating to section 28(4) is omitted,

(d)before the paragraph relating to functions under section 67 there is inserted— Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to 203 are transferred to the Assembly in relation to—

(a)any water or sewerage undertaker whose area is wholly or mainly in Wales;

(b)any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and

(c)in the case of functions under section 70, any other person who is a relevant person (as defined in that section) in relation to any such undertaker or licensed water supplier.,

(e)in the paragraph relating to functions under section 67, for paragraphs (a) and (b) there is substituted—

(a)for the making of regulations concerning water supplied using the supply system of a water undertaker, the function is transferred in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales;

(b)for the making of regulations concerning water supplied other than using the supply system of a water undertaker, the function is transferred in relation to Wales.,

(f)in the paragraph relating to functions under sections 3, 86 (etc), for “86” there is substituted “ 86 (except subsection (1A)) ”,

(g)after that paragraph there is inserted— In respect of the functions under sections 37A to 37D, 39B and 39C it is provided as follows—

(a)functions under those provisions so far as relating to matters concerning the construction or enlargement of reservoirs are transferred to the Assembly in relation to Wales;

(b)functions under those provisions so far as relating to matters other than the construction or enlargement of reservoirs are transferred to the Assembly in relation to any water undertaker whose area is wholly or mainly in Wales; and

(c)the functions of the Assembly referred to in paragraph (b) above so far as they are exercisable in relation to England shall be exercisable only after consultation with the Secretary of State.,

(h)in the paragraph relating to section 152(1), after “Wales” there is inserted “ or (so far as relating to licensed activities using the supply system of any such water undertaker) any licensed water supplier ”,

(i)for the paragraph relating to section 208 there is substituted— In respect of the functions under section 208 it is provided as follows—

(a)the functions under that section of giving directions for the purpose of mitigating the effects of any civil emergency and the function (in the case of sub-paragraphs (i) and (ii) below) of enforcing such directions are transferred to the Assembly—

(i)in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales;

(ii)in relation to any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and

(iii)in relation to the Consumer Council for Water so far as relating to its functions in connection with any such water undertaker; and

(b)it is directed that the other functions under that section shall be exercisable by the Assembly concurrently with the Secretary of State in relation to the bodies and so far as mentioned in paragraph (a)(i) to (iii) above.,

(j)in the paragraph relating to Article 2(c), at the end there is inserted “ or any licensed water supplier using the supply system of any such water undertaker. ”.

(3)In Schedule 2 to the Order, after the entry relating to the Environmental Protection Act 1990 there is inserted a new entry as follows—

Water Industry Act 1991 c 56

The functions of the Secretary of State under sections 37A to 37D, 39B and 39C so far as relating to matters other than the construction or enlargement of reservoirs shall be exercisable only after consultation with the Assembly.

(4)The entry relating to the WRA in Schedule 1 to the Order is amended as follows—

(a)in the paragraph referring to the functions of a Minister of the Crown under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “ , 20B(3) ”, and

(b)in the list of provisions under which there are transferred functions of the Secretary of State to which paragraph 6 of Schedule 3 to the Government of Wales Act 1998 (c. 38) is applied, in the appropriate places there is inserted—

(i)“section 27A and (so far as it relates to section 27A) Schedule 6,”

(ii)“section 33A,”

(iii)“section 51(1C) to 51(1F),”,

and in the entry in that list relating to section 161C, after “regulations)” there is inserted “ , but not including section 161C as applied by section 25B. ”.

(5)The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the Order is amended as follows—

(a)after paragraph (e) in the list of sections conferring functions which are not transferred by the Order there is inserted—

(f)functions exercisable by the Secretary of State in pursuance of sub-paragraph (bb) of the definition of “the relevant Minister” in paragraph 1(5) of Schedule 4;

(g)the function of the Secretary of State under section 16A(5)(a);,

(b)after paragraph (e) of the list of functions which are transferred not in relation to Wales but in the manner specified there is inserted—

(ea)functions under section 18A are transferred to the Assembly in relation to the local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or the greater part of which is in Wales;.

(6)Subject to subsections (1) to (5), the references in Schedule 1 to the Order to—

(a)the WIA generally and to specific sections of or Schedules to the WIA,

(b)the WRA generally and to specific sections of or Schedules to the WRA,

(c)the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990 (c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act 1995 (c. 25) generally and (where applicable) to specific sections of or Schedules to those Acts, and

(d)any other Act generally and (where applicable) to specific sections of or Schedules to those Acts,

are to be treated as referring to those Acts (or those sections or Schedules) as amended by this Act.

(7)Subsection (6), and the amendments made by subsections (1) to (5), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (6) or the provisions amended by subsections (1) to (5).

Commencement Information

I1S. 100(1) in force at 1.10.2004 by S.I. 2004/2528, art. 2(s)(i) (with Sch. para. 8)

I2S. 100(2)(a)(i)(ii)(vii)(ix)(b)(i)(vi)(x)(d) in force at 1.4.2005 for specified purposes by S.I. 2005/968, art. 2(l)(i)

I3S. 100(2)(a)(i)-(iv)(vi)(vii)(ix) in force at 1.4.2006 in so far as not already in force by S.I. 2005/2714, art. 4(e)(i) (with Sch. para. 8)

I4S. 100(2)(a)(ii)(iv)(ix)(b)(iv)(viii)(x)(d)(e)(f)(i)(j) in force at 1.4.2004 for specified purposes by S.I. 2004/641, art. 3(x)(i) (with Sch. 3 para. 7)

I5S. 100(2)(a)(ii)(vi)(ix)(b)(ii)(iv)(x)(d)(g) in force at 1.10.2004 for specified purposes by S.I. 2004/2528, art. 2(s)(ii) (with Sch. para. 8)

I6S. 100(2)(a)(ii)(iii)(ix)(j) in force at 1.8.2005 for specified purposes by S.I. 2005/968, art. 3(c)(i)

I7S. 100(2)(a)(ii)(iv)(ix)(b)(i)(ii)(iv)(v)(viii)(ix)(x)(d)(e)(h)(i)(j) in force at 1.12.2005 for specified purposes by S.I. 2005/2714, art. 3(b)(i) (with Sch. para. 8)

I8S. 100(2)(a)(v)(viii) in force at 1.4.2006 by S.I. 2005/2714, art. 4(e)(i) (with Sch. para. 8)

I9S. 100(2)(a)(iii)-(vi)(ix)(b)(vi)(x)(g) in force at 1.10.2005 for specified purposes by S.I. 2005/2714, art. 2(k)(i) (with Sch. para. 8)

I10S. 100(2)(b)(i)(ii)(vi)-(vi)(viii)-(x)(d)-(j)(3)(6)(7) in force at 1.4.2007 in so far as not already in force by S.I. 2007/1021, art. 2(c)

I11S. 100(2)(b)(iii) in force at 28.5.2004 by S.I. 2004/641, art. 4(c)(i) (with Sch. 3 para. 7)

I12S. 100(2)(b)(iii) in force at 1.4.2005 for specified purposes by S.I. 2005/968, art. 2(l)(i)(ii) [Editorial note: s. 100(2)(b)(iii) is already expressed to be wholly in force at at 28.5.2004 by S.I. 2004/641, art. 4(c)(i)]

I13S. 100(2)(b)(vii) in force at 1.4.2007 by S.I. 2007/1021, art. 2(c)

I14S. 100(2)(c) in force at 1.4.2006 by S.I. 2006/984, art. 2(r)(i)

I15S. 100(2)(g) in force at 1.4.2006 for specified purposes by S.I. 2006/984, art. 2(r)(ii)

I16S. 100(3) in force at 1.10.2004 for specified purposes by S.I. 2004/2528, art. 2(s)(iii) (with Sch. para. 8)

I17S. 100(3) in force at 1.10.2005 for specified purposes by S.I. 2005/2714, art. 2(k)(ii) (with Sch. para. 8)

I18S. 100(4)(a) in force at 1.10.2004 by S.I. 2004/2528, art. 2(s)(iv) (with Sch. para. 8)

I19S. 100(4)(b)(i)(ii) in force at 1.4.2004 by S.I. 2004/641, art. 3(x)(ii) (with Sch. 3 para. 7)

I20S. 100(4)(b)(iii) in force at 1.4.2006 by S.I. 2006/984, art. 2(r)(iii)

I21S. 100(5) in force at 1.4.2004 by S.I. 2004/641, art. 3(x)(iii) (with Sch. 3 para. 7)

I22S. 100(6) in force at 17.3.2004 for specified purposes by S.I. 2004/641, art. 2(b)(i) (with Sch. 3 para. 7)

I23S. 100(6) in force at 1.4.2004 for specified purposes by S.I. 2004/641, art. 3(x)(iv) (with Sch. 3 para. 7)

I24S. 100(6)(7) in force at 28.5.2004 for specified purposes by S.I. 2004/641, art. 4(c)(ii) (with Sch. 3 para. 7)

I25S. 100(6) in force at 1.10.2004 for specified purposes by S.I. 2004/2528, art. 2(s)(v) (with Sch. para. 78) (which transitional provisions in Sch. para. 7 are revoked (1.4.2005) by S.I. 2005/968, art. 4)

I26S. 100(6) in force at 1.4.2005 for specified purposes by S.I. 2005/968, art. 2(l)(iii) (with Sch. 2 para. 2) (which transitional provisions in Sch. 2 para. 2 are revoked (1.10.2005) by S.I. 2005/2714, art. 5(2)(3))

I27S. 100(6) in force at 1.8.2005 for specified purposes by S.I. 2005/968, art. 3(c)(ii)

I28S. 100(6) in force at 1.10.2005 for specified purposes by S.I. 2005/2714, art. 2(k)(iii) (with Sch. para. 78) (which transitional provisions in Sch. para. 7 are revoked (1.4.2007) by S.I. 2007/1021, art. 3(1)(b)(2))

I29S. 100(6) in force at 1.12.2005 for specified purposes by S.I. 2005/2714, art. 3(b)(ii) (with Sch. para. 78) (which transitional provisions in Sch. para. 7 are revoked (1.4.2007) by S.I. 2007/1021, art. 3(1)(b)(2))

I30S. 100(6) in force at 1.4.2006 for specified purposes by S.I. 2006/984, art. 2(r)(iv)

I31S. 100(6) in force at 1.4.2006 for specified purposes by S.I. 2005/2714, art. 4(e)(ii) (with Sch. para. 78) (which transitional provisions in Sch. para. 7 are revoked (1.4.2007) by S.I. 2007/1021, art. 3(1)(b)(2))

I32S. 100(7) in force at 17.3.2004 for specified purposes by S.I. 2004/641, art. 2(b)(ii) (with Sch. 3 para. 7)

I33S. 100(7) in force at 1.4.2004 for specified purposes by S.I. 2004/641, art. 3(x)(v) (with Sch. 3 para. 7)

I34S. 100(7) in force at 1.10.2004 for specified purposes by S.I. 2004/2528, art. 2(s)(vi) (with Sch. para. 8)

I35S. 100(7) in force at 1.4.2005 for specified purposes by S.I. 2005/968, art. 2(l)(iv)

I36S. 100(7) in force at 1.8.2005 for specified purposes by S.I. 2005/968, art. 3(c)(iii)

I37S. 100(7) in force at 1.10.2005 for specified purposes by S.I. 2005/2714, art. 2(k)(iv) (with Sch. para. 8)

I38S. 100(7) in force at 1.12.2005 for specified purposes by S.I. 2005/2714, art. 3(b)(iii) (with Sch. para. 8)

I39S. 100(7) in force at 1.4.2006 for specified purposes by S.I. 2006/984, art. 2(r)(v)

I40S. 100(7) in force at 1.4.2006 for specified purposes by S.I. 2005/2714, art. 4(e)(iii) (with Sch. para. 8)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open Schedules only

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources