Joint Committee on Statutory Instruments Thirtieth Report



APPENDIX 4

Memorandum by the Department of the Environment, Transport and the Regions

THE WATER AND SEWERAGE UNDERTAKERS (INSET APPOINTMENTS) REGULATIONS 2000 (S.I. 2000/1842)

1. The Committee has requested a memorandum on the following point:

    "Given the transfer to the National Assembly for Wales of the Secretary of State's functions under section 7(6) of the Water Industry Act 1991 in relation to a water or sewerage undertaker whose area is wholly or mainly in Wales, explain under what Power the Secretary of State made regulation 2(2)."

2. Section 7(6) of the Water Industry Act 1991 conferred power on the Secretary of State to make regulations amending section 7(5)(a) by substituting, for the quantity of water specified there, such smaller quantity as he considers appropriate. The Secretary of State's functions under section 7(6) were transferred to the National Assembly for Wales in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales but not in relation to any undertaker whose areas is not wholly or mainly in Wales.

3. Regulation 2(2) substitutes a smaller quantity of 100 megalitres in relation to any undertaker whose area is not wholly or mainly in Wales. It does not affect the quantity for any undertaker whose area is wholly or mainly in Wales (the figure remains unchanged at 250 megalitres).

4. The Department considers that the function transferred to the National Assembly for Wales is that of making regulations which amend section 7(5)(a) by substituting a smaller quantity of water in relation to undertakers whose areas is wholly or mainly in Wales. Since the quantity of water in relation to those undertakers is unchanged, the Department considers that the Secretary of State had power to make regulations under section 7(6), not withstanding that the substituted section 7(5)(a) extends to both England and Wales. The Committee may wish to be aware that one intention of the regulations was to render the amended statute readily comprehensible in relation to all undertakers, whether or not their areas are wholly or mainly in Wales.

30 October 2000


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 5 February 2001