Statutory Instruments
water, england and wales
Made
7th March 2007
Laid before Parliament
9th March 2007
Coming into force
1st April 2007
The National Assembly for Wales in relation to water undertakers whose areas are wholly or mainly in Wales, and the Secretary of State in relation to all other water undertakers, in exercise of the powers conferred upon them by sections 37B(3)(a) and (c),(5), (6) and (8)(a), 213(2)(e) and (f) and 219 of the Water Industry Act 1991(1), and after consultation with each other(2), make the following Regulations:
1991 c.56. Section 37B was inserted into the Water Industry Act 1991 by section 62 of the Water Act 2003 (c.37). See the definition of “prescribed” in section 219 of the Water Industry Act 1991. The functions of the Secretary of State under section 37B were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the Order”), article 2; see the entry in Schedule 1, as amended by section 100(2) of the Water Act 2003, for the Water Industry Act 1991. The functions under those provisions, so far as relating to matters other than the construction or enlargement of reservoirs, have been transferred to the Assembly in relation to any water undertaker whose area is wholly or mainly in Wales.
Article 2 of, and Schedule 1 to, the Order (as amended by section 100(2) of the Water Act 2003) provide that the functions referred to above, so far as exercisable in relation to England, shall be exercisable only after consultation with the Secretary of State. Article 5 of, and Schedule 2 to, the Order (as amended by section 100(3) of the Water Act 2003) provide that, in so far as they are exercisable in relation to Wales, the functions referred to above shall be exercisable only after consultation with the National Assembly for Wales.