The Water Act 2014 (Commencement No. 7 and Transitional Provisions) Order 2016

Provisions of the 2014 Act coming into force on 1st November 2016

2.  The following provisions of the 2014 Act come into force on 1st November 2016—

(a) subsection (1) of section 1 (types of water supply licence and arrangements with water undertakers) so far as not already in force;

(b) subsection (1) of section 8 (bulk supply of water by water undertakers)(1) as follows—

(i) so far as it inserts section 40E into the 1991 Act, for the purposes of sub-paragraph (ii);

(ii) so far as it inserts section 40I into the 1991 Act;

(c) section 9 (main connections into sewerage systems)(2) as follows—

(i) subsection (1) so far as it—

(aa) substitutes section 110A;

(bb) inserts sections 110B and 110J into the 1991 Act;

(ii) subsections (2) and (3) so far as they relate to sections 110B and 110J of the 1991 Act;

(d) section 29 (standards of performance: water supply)(3) so far as not already in force;

(e) section 30 (standards of performance: sewerage) so far as not already in force;

(f) subsection (2)(b) of section 40 (charging of fees by assessors for the enforcement of water quality);

(g) section 56 (further amendments) so far as it relates to paragraph (h);

(h) the following paragraphs of Schedule 7 (further amendments)—

(i) paragraph 2 so far as it relates to sub-paragraphs (ii) to (vii);

(ii) paragraph 3 as follows—

(aa) sub-paragraphs (1), (2) and (8)(a) and (c) so far as they relate to paragraph (bb);

(bb) sub-paragraph (8)(b) so far as it relates to sections 38ZA, 40I, 95ZA and 110J of the 1991 Act;

(iii) paragraph 7;

(iv) paragraph 119(1) so far as it relates to sub-paragraph (v);

(v) paragraph 119(4);

(vi) paragraph 120(1) so far as it relates to sub-paragraph (vii);

(vii) paragraph 120(3) so far as it relates to sections 17AA and 66DB of the 1991 Act.

(1)

The Secretary of State is the appropriate authority for the purposes of section 8 as “the Minister” as defined in section 40I(7) of the 1991 Act (as inserted by section 8 of the 2014 Act). This is in relation to bulk supply agreements to which the parties are (or would be) water undertakers whose area is wholly or mainly in England. Both the Secretary of State and the Welsh Ministers are the appropriate authorities in relation to bulk supply agreements involving both a water undertaker whose area is wholly or mainly in England and a water undertaker whose area is wholly or mainly in Wales. Section 40I(7)(b) and (c) of the 1991 Act will not be commenced in full until the Welsh Ministers also bring those subsections into force.

(2)

The Secretary of State is the appropriate authority for the purposes of section 9 as “the Minister” as defined in section 110J(7) of the 1991 Act (as inserted by section 9 of the 2014 Act). This is in relation to main connections into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker. Both the Secretary of State and the Welsh Ministers are the appropriate authorities in relation to main connection agreements involving both a sewerage undertaker whose area is wholly or mainly in England and a sewerage undertaker whose area is wholly or mainly in Wales. Section 110A(10)(b) and (c) of the 1991 Act will not be commenced in full until the Welsh Ministers also bring those subsections into force.

(3)

The Secretary of State is the appropriate authority for the purposes of section 29 in relation to supplies of water made in accordance with a retail authorisation.