House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Water Bill [HL]


Water Bill [HL]
Part 4 — Supplementary

    114

 

                  “(a)                    does not satisfy the standards reasonably required by the

undertaker; or

                  (b)                    is such that the making of the communication would be

prejudicial to the undertaker’s sewerage system.”

     (4)    After subsection (5) there is inserted—

5

           “(5A)              Where the sewer or drain satisfies the standards reasonably required by

it, a sewerage undertaker may, as a condition of permitting the

communication to be made, require that the sewer or that part of the

drain forming the lateral drain be vested in it by virtue of a declaration

under section 102 above.”

10

     (5)    In subsection (6)—

           (a)           for “(3) to (5)” there is substituted “(3) to (5A)”,

           (b)           in paragraph (b), after “(5)” there is inserted “or (5A)”,

           (c)           at the end there is added “(and, accordingly, section 105 above shall not

apply to any requirement under subsection (5A) above).”

15

     (6)    In section 219 of the WIA (general interpretation), in the definition of “public

sewer”, after “means” there is inserted “(subject to section 106(1A) above)”.

Part 4

Supplementary

 92    Devolution: Wales

20

     (1)    In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the

National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672)

(referred to in this section as “the Order”), at the end there is inserted “except

section 12A(4).”.

     (2)    The entry relating to the WIA in Schedule 1 to the Order is amended as

25

follows—

           (a)           in the list of sections conferring on the Secretary of State functions

which are not transferred by the Order—

                  (i)                 after “sections 1,” there is inserted “2A,”,

                  (ii)                for “17” there is substituted “16A, 17 to 17D, 17F to 17K, 17N to

30

17P, 17R, 22A to 22F,”,

                  (iii)               after “27(3),” there is inserted “27A, 27B, 27E, 27G, 27I to 27K, 29,

29A,”,

                  (iv)                after “35,” there is inserted “38B, 66B, 66F to 66K, 86(1A),”,

                  (v)                 after “92,” there is inserted “95B,”,

35

                  (vi)                after “152(2),” there is inserted “192A, 192B,”,

                  (vii)               before “206(3)(e)” there is inserted “195A,”,

                  (viii)              after “Schedules 1” there is inserted “, 1A, 3A,”,

                  (ix)                at the end there is inserted “and except functions under such

other sections or Schedules as are expressly stated in the

40

succeeding paragraphs to be so excepted (but only to the extent

stated).”,

           (b)           in the paragraph relating to functions under sections 2, 5 (etc)—

                  (i)                 the reference to section 2 is omitted,

                  (ii)                the reference to sections 18 to 22 is omitted,

45

 

 

Water Bill [HL]
Part 4 — Supplementary

    115

 

                  (iii)               for “37 to 39” there is substituted “37, 38, 39, 51A”,

                  (iv)                the reference to sections 68 to 70 is omitted,

                  (v)                 the reference to section 93A is omitted,

                  (vi)                for “198 to 203” there is substituted “198 to 200”,

                  (vii)               the reference to section 205 is omitted,

5

                  (viii)              at the end there is inserted “(but not in relation to any licensed

water suppliers).”,

           (c)           the paragraph relating to section 28(4) is omitted,

           (d)           before the paragraph relating to functions under section 67 there is

inserted—

10

                                      “Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to

203 are transferred to the Assembly in relation to—

                        (a)                        any water or sewerage undertaker whose area is wholly

or mainly in Wales;

                        (b)                        any licensed water supplier so far as relating to licensed

15

activities using the supply system of any such water

undertaker; and

                        (c)                        in the case of functions under section 70, any other

person who is a relevant person (as defined in that

section) in relation to any such undertaker or licensed

20

water supplier.”,

           (e)           in the paragraph relating to functions under sections 3, 86 (etc), for “86”

there is substituted “86 (except subsection (1A))”,

           (f)           after that paragraph there is inserted—

                                      “In respect of the functions under sections 37A to 37D, 39B and

25

39C it is provided as follows—

                        (a)                        functions under those provisions so far as relating to

matters concerning the construction or enlargement of

reservoirs are transferred to the Assembly in relation to

Wales;

30

                        (b)                        functions under those provisions so far as relating to

matters other than the construction or enlargement of

reservoirs are transferred to the Assembly in relation to

any water undertaker whose area is wholly or mainly in

Wales; and

35

                        (c)                        the functions of the Assembly referred to in paragraph

(b) above so far as they are exercisable in relation to

England shall be exercisable only after consultation with

the Secretary of State.”,

           (g)           in the paragraph relating to section 152(1), after “Wales” there is

40

inserted “or (so far as relating to licensed activities using the supply

system of any such water undertaker) any licensed water supplier”,

and

           (h)           for the paragraph relating to section 208 there is substituted—

                                      “In respect of the functions under section 208 it is provided as

45

follows—

                        (a)                        the functions under that section of giving directions for

the purpose of mitigating the effects of any civil

emergency and the function (in the case of sub-

 

 

Water Bill [HL]
Part 4 — Supplementary

    116

 

                        (a)                        paragraphs (i) and (ii) below) of enforcing such

directions are transferred to the Assembly—

                               (i)                              in relation to any water or sewerage undertaker

whose area is wholly or mainly in Wales;

                               (ii)                             in relation to any licensed water supplier so far

5

as relating to licensed activities using the supply

system of any such water undertaker; and

                               (iii)                            in relation to the Consumer Council for Water so

far as relating to its functions in connection with

any such water undertaker; and

10

                        (b)                        it is directed that the other functions under that section

shall be exercisable by the Assembly concurrently with

the Secretary of State in relation to the bodies and so far

as mentioned in paragraph (a)(i) to (iii) above.”

     (3)    In Schedule 2 to the Order, after the entry relating to the Environmental

15

Protection Act 1990 there is inserted a new entry as follows—

“           Water Industry Act 1991 c 56

                         The functions of the Secretary of State under sections 37A to 37D, 39B

and 39C so far as relating to matters other than the construction or

enlargement of reservoirs shall be exercisable only after consultation

20

with the Assembly.”

     (4)    The entry relating to the WRA in Schedule 1 to the Order is amended as

follows—

           (a)           in the paragraph referring to the functions of a Minister of the Crown

under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “,

25

20B(3)”, and

           (b)           in the list of provisions under which there are transferred functions of

the Secretary of State to which paragraph 6 of Schedule 3 to the

Government of Wales Act 1998 (c. 38) is applied, in the appropriate

places there is inserted—

30

                  (i)                 “section 27A and Schedule 6,”

                  (ii)                “section 33A,”

                  (iii)               “section 51(1C) to 51(1F),”

                         and in the entry in that list relating to section 161C, after “regulations)”

there is inserted “, but not including section 161C as applied by section

35

25B.”.

     (5)    The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the

Order is amended as follows—

           (a)           after paragraph (e) in the list of sections conferring functions which are

not transferred by the Order there is inserted—

40

                           “(f)                             functions exercisable by the Secretary of State in

pursuance of sub-paragraph (bb) of the definition of

“the relevant Minister” in paragraph 1(5) of Schedule

4;”,

           (b)           after paragraph (e) of the list of functions which are transferred not in

45

relation to Wales but in the manner specified there is inserted—

                           “(ea)                             functions under section 18A are transferred to the

Assembly in relation to the local flood defence

scheme for a district which is in the area of a regional

 

 

Water Bill [HL]
Part 4 — Supplementary

    117

 

                           flood defence committee the whole or the greater part

of which is in Wales;”.

     (6)    Subject to subsections (1) to (5), the references in Schedule 1 to the Order to—

           (a)           the WIA generally and to specific sections of or Schedules to the WIA,

           (b)           the WRA generally and to specific sections of or Schedules to the WRA,

5

           (c)           the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990

(c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act

1995 (c. 25) generally and (where applicable) to specific sections of or

Schedules to those Acts, and

           (d)           any other Act generally and (where applicable) to specific sections of or

10

Schedules to those Acts,

                   are to be treated as referring to those Acts (or those sections or Schedules) as

amended by this Act.

     (7)    Subsection (6), and the amendments made by subsections (1) to (5), do not

affect the power to make further Orders varying or omitting the references

15

mentioned in subsection (6) or the provisions amended by subsections (1) to

(5).

 93    Minor and consequential amendments and repeals

     (1)    Schedules 7 and 8, which make minor amendments and amendments

consequential on the provisions of this Act, have effect.

20

     (2)    The enactments mentioned in Schedule 9 are repealed to the extent specified.

 94    Specific transitional and transitory provisions

     (1)    Subject to subsection (2), each licence to abstract water under Chapter 2 of Part

2 of the WRA which is in force immediately before the coming into force of

section 1 of this Act shall, after the coming into force of that section, be treated

25

as a full licence within the meaning of that Act.

     (2)    If—

           (a)           immediately before the coming into force of section 6 of this Act, a

person is the holder of a licence under Chapter 2 of Part 2 of the WRA

to abstract water, and

30

           (b)           upon the coming into force of that section the abstraction authorised by

the licence becomes an abstraction to which the restriction on

abstraction does not apply,

            the licence is hereby revoked upon the coming into force of that section.

     (3)    Subject to subsection (4), the right which the holder of a full licence revoked by

35

virtue of subsection (2) was taken to have by virtue of section 48(1) of the WRA

is to be a protected right for the purposes of Chapter 2 of Part 2 of the WRA.

     (4)    A protected right referred to in subsection (3) ceases to be a protected right if

during a period of four years the person who was the holder of the licence in

question does not carry out any such abstraction as would have been

40

authorised by the licence if it had still been in force.

     (5)    Where, immediately after the coming into force of any provision of this Act, an

abstraction of water to which the restriction on abstraction did not apply

becomes one to which the restriction on abstraction does apply, nothing in—

 

 

Water Bill [HL]
Part 4 — Supplementary

    118

 

           (a)           section 39(1), 42(4) or 44(4) of the WRA (which relate to protected

rights), or

           (b)           any other enactment specified in regulations made by the Secretary of

State,

            prevents the Agency from granting a licence under Chapter 2 of Part 2 of the

5

WRA in respect of that abstraction, or the Secretary of State from giving the

Agency a direction to do so.

     (6)    In subsections (2)(b) and (6), “the restriction on abstraction” has the meaning

given by section 72(1) of the WRA.

 95    Powers to make further supplementary, consequential and transitional

10

provision, etc

     (1)    The Secretary of State may by regulations make—

           (a)           such supplementary, incidental or consequential provision, or

           (b)           such transitory, transitional or saving provision,

                   as he considers necessary or expedient for the purposes of, in consequence of,

15

or for giving full effect to any provision of this Act.

     (2)    The provision which may be made under subsection (1) includes provision—

           (a)           amending or repealing any enactment, instrument or document,

           (b)           conferring functions, powers or duties on any person.

     (3)    The provision which may be made under subsection (1) also includes, in

20

particular, provision for or in relation to the payment by the Agency of

compensation to any person who—

           (a)           before the coming into force of any provision of this Act was not

required by or by virtue of the WRA to have a licence under Chapter 2

of Part 2 of the WRA in respect of any abstraction,

25

           (b)           following the coming into force of any provision of this Act does

require such a licence in respect of that abstraction, and

           (c)           has suffered loss or damage as a result of his having been—

                  (i)                 refused such a licence in respect of that abstraction, or

                  (ii)                granted such a licence, but in respect of an abstraction of more

30

limited extent than that of the abstraction he was carrying out

before the coming into force of the provision in question.

     (4)    The provision which may be made under subsection (1) also includes, in

particular, provision for or in relation to the payment by the Authority of

compensation to any person who—

35

           (a)           before 31st July 2002 was carrying on any activities in respect of the

supply of water,

           (b)           following the coming into force of any provision of this Act—

                  (i)                 is unable to continue to carry on those activities as a result of

their having been prohibited,

40

                  (ii)                is unable to continue to carry on those activities as a result of a

licence under Chapter 1A of Part 2 of the WIA having been

required in respect of them and his not having applied for, or

his having been refused, a licence, or

                  (iii)               is unable to continue to carry on those activities in the same

45

manner as a result of his having been granted a licence the effect

of which is to restrict the carrying on of the activities, and

 

 

Water Bill [HL]
Part 4 — Supplementary

    119

 

           (c)           has suffered loss or damage as a result of—

                  (i)                 those activities having been prohibited,

                  (ii)                a licence not having been granted, or

                  (iii)               those activities having been restricted.

     (5)    Where regulations made under subsection (1) include provision for the

5

discharge by the Director General of Water Services instead of the Water

Services Regulation Authority of any functions conferred on the Authority by

or by virtue of any provision of this Act, then, for the purposes of Schedule 3,

any such function shall be treated as if it had been the subject of a transfer

under section 35 when the provision in the regulations ceased to apply.

10

     (6)    The power to make regulations under this section is also exercisable by the

Assembly, in relation to provision dealing with matters with respect to which

functions are exercisable by the Assembly.

     (7)    Nothing in this Act shall be read as affecting the generality of subsection (1).

 96    Regulations and orders

15

     (1)    Any power under this Act to make any order or regulations is exercisable by

statutory instrument.

     (2)    A statutory instrument containing any order or regulations made by the

Secretary of State under this Act, other than an order under section 97, shall be

subject to annulment in pursuance of a resolution of either House of

20

Parliament.

     (3)    A statutory instrument containing an order under section 97 shall also be

subject to annulment in pursuance of a resolution of either House of

Parliament if it contains provision amending or repealing any enactment.

     (4)    Any power under this Act to make any order or regulations may be

25

exercised—

           (a)           either in relation to all cases to which the power extends, or in relation

to those cases subject to specified exceptions, or in relation to any

specified cases or classes of case,

           (b)           so as to make, as respects the cases in relation to which it is exercised—

30

                  (i)                 the full provision to which the power extends or any less

provision (whether by way of exception or otherwise),

                  (ii)                the same provision for all cases in relation to which the power

is exercised, or different provision for different cases or

different classes of case or different provision as respects the

35

same case or class of case for different purposes of this Act,

                  (iii)               any such provision either unconditionally or subject to any

specified condition.

     (5)    Where any such power is expressed to be exercisable for alternative purposes

it may be exercised in relation to the same case for all or any of those purposes.

40

     (6)    Any such power includes power—

           (a)           to make such incidental, supplementary, consequential, saving or

transitional provision (including provision amending, repealing or

revoking enactments or provisions of subordinate legislation) as the

authority making the order or regulations considers to be expedient,

45

and

 

 

Water Bill [HL]
Part 4 — Supplementary

    120

 

           (b)           to provide for a person to exercise a discretion in dealing with any

matter.

     (7)    In subsection (6)(a), “subordinate legislation” has the meaning given by the

Interpretation Act 1978 (c. 30).

     (8)    Nothing in this Act shall be read as affecting the generality of subsection (6).

5

 97    Interpretation, commencement, short title, and extent

     (1)    This Act may be cited as the Water Act 2003.

     (2)    In this Act—

           (a)           the “WIA” means the Water Industry Act 1991 (c. 56),

           (b)           the “WRA” means the Water Resources Act 1991 (c. 57),

10

           (c)           “the Assembly” means the National Assembly for Wales.

     (3)    Apart from this section and sections 94 to 96, this Act comes into force on such

day as the Secretary of State may by order appoint.

     (4)    Different days may be appointed for different provisions and for different

purposes.

15

     (5)    Subject to the following provisions of this section, this Act extends to England

and Wales only.

     (6)    The following provisions extend also to Scotland—

           (a)           sections 63 and 64,

           (b)           section 69(1),

20

           (c)           section 71.

     (7)    Any amendment or repeal made by Schedule 7, 8 or 9 has the same extent as

the enactment being amended or repealed.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 20 February 2003