The Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006

Scottish Statutory Instruments

2006 No. 40 (C. 4)

WATER INDUSTRY

The Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006

Made

1st February 2006

The Scottish Ministers, in exercise of the powers conferred by section 37(2) and (3) of the Water Services etc. (Scotland) Act 2005(1), hereby make the following Order:

Citation

1.  This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006.

Appointed day

2.  The day appointed for the coming into force of the following provisions of the Water Services etc. (Scotland) Act 2005 is 10th February 2006–

(a) section 25; and

(b) section 26(12) insofar as it applies to section 25.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

1st February 2006

Explanatory Note

(This note is not part of the Order)

This Order appoints 10th February 2006 for the coming into force of section 25 and section 26(12) (insofar as it applies to section 25) of the Water Services etc. (Scotland) Act 2005 (asp 3) (“the 2005 Act”).

Section 25 of the 2005 Act enables the Scottish Ministers to make an order containing a code of practice (called a “sewerage code”) for the purposes of assessing, controlling and minimising sewerage nuisance. Section 26(12) defines “local authority” for the purposes of section 25.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the 2005 Act were brought into force by the Water Services etc. (Scotland) Act 2005 (Commencement No. 1 and Savings) Order 2005 (S.S.I. 2005/351):–

Provisions commenced on 20th June 2005
Section 1(1) and (4) (partially)
Section 4 (apart from subsection (6))
Section 5 (apart from subsection (6))
Section 9 (partially)
Sections 28 to 31
Schedule 1 (partially)
Schedule 4
Provisions commenced on 1st July 2005
Sections 1 and 2
Sections 21 (apart from subsections (4) and (5))
Section 22
Section 24
Section 32 (partially)
Schedule 1
Schedule 3
Schedule 5, paragraphs 1 to 6; 7(1) to (2); 7(4); 7(6); 7(8) to (9); 8(b); 9(b) and 10

(1)

2005 asp 3.