Water (Special Measures) Act 2025

17 Extent, commencement, transitional provision and short title

(1) This Act extends to England and Wales.

(2) The following provisions come into force on the day on which this Act is passed—

(a) this section;

(b) section 1 (rules about remuneration and governance);

(c) section 2 (financial transparency requirements);

(d) section 7 (civil penalties: modification of standard of proof);

(e) section 8 (automatic penalties for certain offences);

(f) section 9 (abstraction and impounding: power to impose general conditions);

(g) section 11 (charges in respect of Environment Agency and NRBW functions);

(h) section 12 (Drinking Water Inspectorate: functions and fees).

(3) The following provisions come into force on such day as the Secretary of State may by regulations appoint—

(a) section 3 (pollution incident reduction plans), so far as relating to undertakers whose areas are wholly or mainly in England;

(b) section 4 (emergency overflows), so far as relating to undertakers whose areas are wholly or mainly in England;

(c) section 5 (nature-based solutions), so far as relating to undertakers whose areas are wholly or mainly in England;

(d) section 10 (requirement for Ofwat to have regard to climate change etc), so far as relating to powers or duties exercised or performed in relation to appointment areas (within the meaning of the subsection (4B) inserted by the section) wholly or mainly in England.

(4) The following provisions come into force on such day as the Welsh Ministers may by regulations appoint—

(a) section 3 (pollution incident reduction plans), so far as relating to undertakers whose areas are wholly or mainly in Wales;

(b) section 4 (emergency overflows), so far as relating to undertakers whose areas are wholly or mainly in Wales;

(c) section 5 (nature-based solutions), so far as relating to undertakers whose areas are wholly or mainly in Wales;

(d) section 10 (requirement for Ofwat to have regard to climate change etc), so far as relating to powers or duties exercised or performed in relation to appointment areas (within the meaning of the subsection (4B) inserted by the section) wholly or mainly in Wales.

(5) The following provisions come into force two months after the day on which this Act is passed—

(a) section 6 (impeding investigations: sentencing and liability);

(b) section 13 (special provision in charges schemes);

(c) section 14 (modifications by Secretary of State of water company’s appointment conditions etc to recover losses);

(d) section 15 (modifications by Welsh Ministers of water company’s appointment conditions etc to recover losses);

(e) section 16 (winding-up petitions).

(6) The power to make regulations under this section includes power to make—

(a) different provision for different purposes or areas;

(b) transitional or saving provision.

(7) In relation to the coming into force of section 4, regulations under this section may make provision by reference to matters determined by—

(a) the Environment Agency, so far as relating to undertakers whose areas are wholly or mainly in England;

(b) the Natural Resources Body for Wales, so far as relating to undertakers whose areas are wholly or mainly in Wales.

(8) Regulations under this section are to be made by statutory instrument.

(9) A duty to consult under or by virtue of this Act may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(10) This Act may be cited as the Water (Special Measures) Act 2025.