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Statutory Instruments

2015 No. 524

Water Resources, England And Wales

The Surface Waters and Water Resources (Miscellaneous Revocations) Regulations 2015

Made

3rd March 2015

Laid before Parliament

6th March 2015

Laid before the National Assembly for Wales

6th March 2015

Coming into force

6th April 2015

The Secretary of State makes these Regulations—

(a)in relation to England and Wales, in exercise of the powers conferred by section 92 of the Water Industry Act 1991(1) and section 102 of the Water Resources Act 1991(2),

(b)in relation to England, in exercise of the powers conferred by sections 50, 82, 116, and 219(2) of the Water Resources Act 1991(3), and

(c)with the agreement of the Welsh Ministers, in relation to those parts of Wales within the catchment areas of the rivers Dee, Wye and Severn, in exercise of the powers conferred by section 82 of the Water Resources Act 1991.

The Welsh Ministers make these Regulations—

(a)

in relation to Wales, in exercise of the powers conferred by sections 50 and 116 of the Water Resources Act 1991, and

(b)

in relation to Wales, other than those parts within the catchment areas of the rivers Dee, Wye and Severn, in exercise of the powers conferred by sections 82 and 219(2) of the Water Resources Act 1991.

Citation and commencement

1.  These Regulations may be cited as the Surface Waters and Water Resources (Miscellaneous Revocations) Regulations 2015 and come into force on 6th April 2015.

Revocations

2.  The following Regulations are revoked—

(a)the Water Resources (Succession to Licences) Regulations 1969(4);

(b)the Surface Waters (Dangerous Substances) (Classification) Regulations 1989(5);

(c)the Surface Waters (Dangerous Substances) (Classification) Regulations 1992(6);

(d)the Surface Waters (River Ecosystem) (Classification) Regulations 1994(7);

(e)the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996(8);

(f)the Surface Waters (Fishlife) (Classification) Regulations 1997(9);

(g)the Surface Waters (Dangerous Substances) (Classification) Regulations 1997(10);

(h)the Surface Waters (Dangerous Substances) (Classification) Regulations 1998(11);

(i)the Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2003(12); and

(j)the Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2009(13).

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

3rd March 2015

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

26th February 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke ten instruments on surface waters and water resources that are spent or otherwise superseded.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.

(1)

1991 c.56; section 92 was amended by S.I. 2011/1043.

(2)

1991 c.57; section 102 was amended by S.I. 2011/1043.

(3)

Section 50 was repealed by the Water Act 2003 (c.37), section 23(4) and Schedule 9, Part 1 but, under section 23(5), regulations made under it which were in force immediately before its repeal continue to have effect despite its repeal. Section 116 was amended by the Marine and Coastal Access Act 2009 (c.23), Schedule 16, paragraph 22, and by S.I. 2011/1043 and 2013/755. Section 219(2) was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 176 and Schedule 24, and the Water Act 2003, Schedule 7, Part 2, paragraph 28(4). In relation to Wales, the functions of the Secretary of State under sections 50 and 116 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the TFO”), article 2 and Schedule 1. The functions under section 82 were transferred to the National Assembly for Wales by those provisions of the TFO except so far as they are exercisable in relation to those parts of Wales which are within the catchment areas of the rivers Dee, Wye and Severn. Under article 5 and Schedule 2 of the TFO, the Secretary of State may exercise the functions under section 82 in relation to those parts of Wales only with the agreement of the National Assembly for Wales. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c.32), Schedule 11, paragraph 30.