The Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004

• Citation: S.I. 2004/641
• Sections: 13

Section 1 Citation and interpretation

(1) This Order may be cited as the Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004.

(2) In this Order—

“ the Act ” means the Water Act 2003; and

“ the Authority ” means the Water Services Regulation Authority.

(3) Unless the contrary intention appears, any reference in this Order to a section or Schedule is a reference to a section of or a Schedule to the Act.

Section 2 Provisions coming into force on 17th March 2004

The following provisions of the Act shall come into force on 17th March 2004—

(a) section 69 (grants for drainage works and flood warning systems), in so far as it applies in relation to England ;

(b) in section 100 (devolution: Wales)—

(i) subsection (6), in so far as it relates to references to provisions amended by any provision of the Act which comes into force by virtue of this article; and

(ii) subsection (7), in so far as it relates to subsection (6) so far as brought into force by virtue of sub-paragraph (i);

(c) section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendment made by paragraph 42 of Schedule 7; and

(d) section 101(2), in so far as it relates to the following repeals specified in Schedule 9—

(i) the repeal of sections 147 to 149, and the repeal in relation to section 221(1), of the WRA ; and

(ii) the repeal of section 101(1) of the Environment Act 1995 .

Section 3 Provisions coming into force on 1st April 2004

The following provisions of the Act shall come into force on 1st April 2004—

(a) section 6(1) (rights to abstract small quantities), in so far as it inserts into the WRA section 27A (variation of small quantity threshold);

(b) section 9 (power to provide for further exemptions);

(c) in section 10 (orders under section 33 of the WRA, etc ), subsection (11);

(d) section 15 (general consideration of licence applications);

(e) section 16 (protection from derogation), except the amendments made by subsections (4) and (5);

(f) section 18 (register of certain protected rights);

(g) in section 19, subsection (4), and section 20 (form, contents and effect of licences);

(h) in section 25 (compensation for modification of licence on direction of the Secretary of State), subsection (1), in so far as it relates to subsection (2), and subsections (2) and (4);

(i) section 27 (withdrawal of compensation for certain revocations and variations);

(j) section 37 (conditions relating to costs of water regulation);

(k) section 53 (specialist members of the Competition Commission);

(l) section 56 (licensing of water suppliers), but—

(i) in its application to paragraphs 2 and 4 of Schedule 4, only in so far as the paragraph in question has effect for the purpose of inserting into the WIA such provisions as are specified in relation to that paragraph in the second column of the table in Schedule 1 to this Order and, where in relation to any such provision any purpose is specified in the corresponding entry in the third column to that table, only in so far as the provision has effect for the specified purpose ;

(ii) in its application to paragraph 1 of Schedule 4, only for the purposes of giving effect to paragraphs 2 and 4 of that Schedule to the extent specified in sub-paragraph (i);

(m) section 57 (the Chief Inspector of Drinking Water and the Drinking Water Inspectorate);

(n) sections 60 and 61 (penalties);

(o) section 64 (drought orders and drought permits: charges);

(p) section 65 (drought orders: procedure at local inquiries);

(q) sections 66 and 68 (land drainage and flood defence);

(r) section 71 (extension of Environment Agency’s powers of entry under the WRA);

(s) section 72 (efficient use of water resources);

(t) section 75 (extension of enforcement authority’s reserve powers under the Reservoirs Act 1975), in so far as it applies in relation to England ;

(u) sections 81 to 83 (water conservation);

(v) section 84 (fire hydrants);

(w) section 85 (control of water from coal mines);

(x) in section 100 (devolution: Wales)—

(i) subsection (2)(a)(ii), (iv) and (ix), b(iv), (viii) and (x), (d), (e), (f), (i) and (j), in so far as they relate to provisions brought into force by virtue of this Order;

(ii) subsection (4)(b)(i) and (ii);

(iii) subsection (5);

(iv) subsection (6), in so far as it relates to references to provisions amended by any provision of the Act which comes into force by virtue of this article or by virtue of the Water Act 2003 (Commencement) (Wales) Order 2004 ; and

(v) subsection (7), in so far as it relates to subsection (6) (so far as brought into force by virtue of sub-paragraph (iv)) or the amendments made by subsections (2), (4) and (5) (so far as brought into force by sub-paragraphs (i) to (iii));

(y) section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made by the provisions of Schedules 7 and 8 specified in Schedule 2 to this Order; and

(z) section 101(2), in so far as it relates to the following repeals specified in Schedule 9—

(i) the repeal of section 14(8) and (8A), and the repeal in relation to section 86(1), of the WIA;

(ii) the repeal of sections 33, 77(4) and 79A(8) of the WRA;

(iii) the repeal in relation to section 104(1) of the Utilities Act 2000 ;

(iv) the repeal of section 1 of the Metropolis Water Act 1852 ;

(v) the repeals in relation to Schedule 4 to the Environment Act 1995;

(vi) the repeal in relation to Schedule 7 and the repeal of paragraph 13(3) of Schedule 10 to the Competition Act 1998 ; and

(vii) the repeal in relation to the references in the National Assembly for Wales (Transfer of Functions) Order 1999 to sections 68 to 70 of the WIA, in so far as they relate to provisions brought into force by this Order.

Section 4 Provisions coming into force on 28th May 2004

The following provisions of the Act shall come into force on 28th May 2004—

(a) sections 90 to 92 (water mains, etc);

(b) sections 93 to 97, and 99 (sewers and drains);

(c) in section 100 (devolution: Wales)—

(i) subsection (2)(b)(iii);

(ii) subsection (6), in so far as it relates to references to provisions amended by any provision of the Act which comes into force by virtue of this article; and

(iii) subsection (7), in so far as it relates to subsection (6) (so far as brought into force by virtue of sub-paragraph (ii)) or the amendment made by subsection (2)(b)(iii); and

(d) section 101(2), in so far as it relates to the following repeals specified in Schedule 9—

(i) the repeals in relation to sections 98(5), 101A(2), 102(1)(a) and 103(1)(a) of the WIA; and

(ii) the repeal of section 104(6) of the WIA.

Section 5 Provisions coming into force on 1st April 2005

Section 24 (claims arising out of water abstraction) shall come into force on 1st April 2005.

Section 6 Transitional provisions

(1) The transitional provisions in Schedule 3 to this Order shall have effect.

(2) Paragraph (1) shall come into force—

(a) so far as it relates to paragraph 4 of Schedule 3 to this Order, on 1st April 2005; and

(b) otherwise, on 1st April 2004.

Section 1

(1) Until the relevant day, sections 27A (variation of small quantity threshold) and 33A (power to provide for further exemptions) of the WRA, as inserted by sections 6 and 9 respectively, shall have effect as if—

(a) all of the provisions of section 6(1) (rights to abstract small quantities) were in force; and

(b) those sections did not enable an order or regulations to be made so as to come into force before the relevant day.

(2) In this paragraph, “the relevant day” means the first day on which all of the provisions of section 6(1) are in force.

Section 2

Until the coming fully into force of section 1 (licences to abstract water), sections 38(1A) (general consideration of licence applications) and 46A (limited extension of abstraction licence validity) of the WRA, as inserted by sections 15 and 20 respectively, shall have effect as if—

(a) any reference to a “full licence or a transfer licence” were a reference to a licence under Chapter 2 of Part 2 of the WRA;

(b) in paragraph (a) of section 38(1A), the words “of the same type” were omitted; and

(c) in subsection (3) of section 46A, the words “of the type in question” were omitted.

Section 3

Until the coming fully into force of section 17 (protected rights), section 39B (register of certain protected rights) of the WRA, as inserted by section 18, shall have effect as if it did not enable regulations or an order to be made so as to come into force before that time.

Section 4

Until the coming fully into force of section 23 (transfer and apportionment of licences), the amendments made by section 24 shall have effect as if in section 48A(7)(b) of the WRA (civil remedies for loss or damage due to water abstraction) the words “and section 59C(6) below” were omitted.

Section 5

Any appointment as a technical assessor under section 86 of the WIA (assessors for the enforcement of water quality), or designation under subsection (4) of that section, which—

(a) was made before the coming into force of section 57 (the Chief Inspector of Drinking Water and the Drinking Water Inspectorate); and

(b) is still current at that time,

shall have effect as if it were an appointment as, or (as the case may be) a designation of, an inspector under section 86 of the WIA as amended by section 57.

Section 6

A designation in writing for the purposes of section 169 of the WRA (powers of entry for enforcement purposes) which—

(a) was made before the coming into force of section 71 (extension of Environment Agency’s powers of entry); and

(b) is still current at that time,

shall have effect as if given for the purposes of section 169 of the WRA as amended by section 71.

Section 7

Until the coming fully into force of section 36(1) (transfer to the Authority and the Consumer Council for Water of functions, property etc), any reference to the Authority in—

(a) any provision of the Act which comes into force by virtue of this Order (except section 37);

(b) any provision of the WIA which is introduced or amended by the Act and by virtue of this Order; or

(c) Schedule 1 to this Order,

shall have effect as if it were a reference to the Director General of Water Services.