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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Water Act 2003 (Commencement No. 2, Transitional Provisions and Savings) Order 2004 No. 2528 URL: http://www.bailii.org/uk/legis/num_reg/2004/20042528.html |
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Made | 23rd September 2004 |
(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.
Provisions coming into force on 1st October 2004
2.
The following provisions of the Act shall come into force on 1st October 2004 -
(e) section 48(1) (financial penalties) in so far as it inserts into the WIA-
(f) section 49 (enforcement of certain provisions);
(g) section 50 (links between directors' pay and standards of performance);
(h) sections 54 (determination references under section 12 of the WIA) and 55 (conditions of appointment under the WIA);
(i) section 59 (charges for services provided with the help of an undertaker);
(j) section 62 (water resources management plans) and section 63 (drought plans) in so far as these sections have effect for the purpose of enabling the Secretary of State to make regulations and give directions in relation to drought plans under section 39B of the WIA or 37B, as applied by section 39B(5) of the WIA;
(k) section 74 (Environment Agency to be enforcement authority under the Reservoirs Act 1975);
(l) section 76 (service of documents);
(m) section 77 (flood plans: large raised reservoirs);
(n) section 78 (national security);
(o) section 79 (offences);
(p) section 80 (Crown application);
(q) in section 86 (contaminated land: pollution of controlled waters)-
(r) section 87 (transfer of discharge consents);
(s) in section 100 (devolution: Wales)-
(t) section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made-
(u) section 101(2), in so far as it relates to the following repeals specified in Schedule 9-
Provisions coming into force on 29th December 2004
3.
Section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendment made by paragraph 27(2) of Schedule 7, shall come into force on 29th December 2004.
Transitional provisions and savings
4.
- (1) The transitional provisions and savings in the Schedule shall have effect.
(2) Paragraph (1) shall come into force on 1st October 2004.
Elliot Morley
Minister of State, Department for Environment, Food and Rural Affairs
23rd September 2004
(b) section 192B(7) of the WIA (annual and other reports) shall have effect as if the reference to the Council were references to the customer service committees; and
(c) in sections 192A and 192B of the WIA, projects, functions or activities shall not be taken to include the projects, functions or activities of the customer service committees.
4.
- (1) The duty in section 35A(2) of the WIA (remuneration and standards of performance) shall first apply in relation to the first financial year of a company which ends on or after 31st March 2005.
(2) The duty in section 35A(5) of the WIA shall first apply in relation to the first financial year of a company which begins on or after 1st April 2005.
5.
Sections 54 (determination references under section 12 of the WIA) and 55 (conditions of appointment under the WIA), in so far as they relate to the introduction of section 16B(6) of the WIA, or that section as applied by the introduction of section 12(3B) of the WIA, shall have effect in relation to the application of the provisions in sections 110(1) to (4), (6), (8) and (9) and 111 to 115 of the Enterprise Act 2002[8] relating to penalties (as those provisions are applied by section 16B(6) of the WIA or that section as applied by section 12(3B) of the WIA) -
6.
The amendments made by section 87 shall not apply in relation to any transfer of a consent under paragraph 11(1) of Schedule 10 to the WRA which takes effect before 1st October 2004.
7.
Section 100(6) (devolution: Wales) shall have effect in relation to references to any Act generally only to the extent that those Acts have been amended as at the date of this Order.
8.
Until the coming fully into force of section 36(1) (transfer to the Water Services Regulation Authority and the Council of functions, property etc), any reference to the Water Services Regulation Authority in -
shall have effect as if it were a reference to the Director General of Water Services.
Sections 74(1) and 76 extend to Scotland.
The provision brought into force on 29th December 2004 amends a provision of Water Industry Act 1991 inserted by section 70(1) of the Enterprise Act 2002, which will be brought into force on the same day in relation to water industry mergers.
Provision | Date of Commencement | S.I. No. |
s.6 (partially) | 1.4.2004 | 2004/641 |
s.9 | 1.4.2004 | 2004/641 |
s.10 (partially) | 1.4.2004 | 2004/641 |
s.15 | 1.4.2004 | 2004/641 |
s.16 (partially) | 1.4.2004 | 2004/641 |
s.18 | 1.4.2004 | 2004/641 |
s.19 (partially) | 1.4.2004 | 2004/641 |
s.20 | 1.4.2004 | 2004/641 |
s.25 (partially) | 1.4.2004 | 2004/641 |
s.27 | 1.4.2004 | 2004/641 |
s.37 | 1.4.2004 | 2004/641 |
s.53* | 1.4.2004 | 2004/641 |
s.56, Sch.4 (partially) | 1.4.2004 | 2004/641 |
s.57 | 1.4.2004 | 2004/641 |
s.60 | 1.4.2004 | 2004/641 |
s.61 | 1.4.2004 | 2004/641 |
s.64 | 1.4.2004 | 2004/641 |
s.65 | 1.4.2004 | 2004/641 |
s.66![]() |
1.4.2004 | 2004/641 |
s.67 | 1.4.2004 | 2004/910 (W. 93) |
s.68![]() |
1.4.2004 | 2004/641 |
s.71 | 1.4.2004 | 2004/641 |
s.72 | 1.4.2004 | 2004/641 |
s.82 | 1.4.2004 | 2004/641 |
s.83 | 1.4.2004 | 2004/641 |
s.84 | 1.4.2004 | 2004/641 |
s.85* | 1.4.2004 | 2004/641 |
s.90 | 28.5.2004 | 2004/641 |
s.91 | 28.5.2004 | 2004/641 |
s.92 | 28.5.2004 | 2004/641 |
s.93 | 28.5.2004 | 2004/641 |
s.94 | 28.5.2004 | 2004/641 |
s.95 | 28.5.2004 | 2004/641 |
s.96 | 28.5.2004 | 2004/641 |
s.97 | 28.5.2004 | 2004/641 |
s.99 | 28.5.2004 | 2004/641 |
s.100 (partially) | 17.3.2004 | 2004/641 |
s.100 (partially) | 1.4.2004 | 2004/641 |
s.100 (partially) | 28.5.2004 | 2004/641 |
s.101(1), Sch.7 (partially) | 1.4.2004 | 2004/641 |
s.101(1), Sch.8 (partially) | 1.4.2004 | 2004/641 |
s.101(2), Sch.9 (partially) | 1.4.2004 | 2004/641 |
s.101(2), Sch.9 (partially) | 28.5.2004 | 2004/641 |
Provision | Date of Commencement | S.I. No. |
s.69![]() |
17.3.2004 | 2004/641 |
s.75![]() |
1.4.2004 | 2004/641 |
s.81 | 1.4.2004 | 2004/641 |
s.101(1), Sch.7 (partially)![]() |
17.3.2004 | 2004/641 |
s.101(2), Sch.9 (partially)![]() |
17.3.2004 | 2004/641 |
Provision | Date of Commencement | S.I. No. |
s.24 | 1.4.2005 | 2004/641 |
[2] The power in section 105(3) to appoint a day on which provisions of the Water Act 2003 shall come into force is vested in the "appropriate authority". The appropriate authority in relation to provisions of the Act for which a day is appointed by this Order (except sections 77, 78, 80 and 86) is the Secretary of State after consulting "the Assembly" (the National Assembly for Wales: section 105(2)); the appropriate authority in relation to sections 77, 78, 80 and 86 is the Secretary of State in relation to England and the Assembly in relation to Wales (section 105(5) and (6)).back
[3] The expression "the WIA" means the Water Industry Act 1991 (c. 56) (section 105(2) of the Act).back
[5] The expression "the WRA" means the Water Resources Act 1991 (c. 57) (section 105(2) of the Act).back
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