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

    117

 

     (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,

           (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

5

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

Schedules to those Acts,

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

10

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

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

(5).

15

 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.

     (2)    The enactments mentioned in Schedule 9 are repealed to the extent specified.

 94    Specific transitional and transitory provisions

20

     (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

as a full licence within the meaning of that Act.

     (2)    If—

25

           (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

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

the licence becomes an abstraction to which the restriction on

30

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

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.

35

     (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

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

40

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

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

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

rights), or

 

 

Water Bill [HL]
Part 4 — Supplementary

    118

 

           (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

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

Agency a direction to do so.

5

     (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

provision, etc

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

10

           (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,

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

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

15

           (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

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

compensation to any person who—

20

           (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,

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

require such a licence in respect of that abstraction, and

25

           (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

limited extent than that of the abstraction he was carrying out

before the coming into force of the provision in question.

30

     (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—

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

supply of water,

35

           (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,

                  (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

40

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

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

45

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

                  (i)                 those activities having been prohibited,

 

 

Water Bill [HL]
Part 4 — Supplementary

    119

 

                  (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

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

Services Regulation Authority of any functions conferred on the Authority by

5

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.

     (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

10

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

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

statutory instrument.

15

     (2)           A statutory instrument containing an order or regulations—

           (a)           made by the Secretary of State under any provision of this Act except

section 10 (but including section 97), and

           (b)           which contains (or contain) provision amending or repealing any

enactment,

20

            shall not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.

     (3)    Otherwise, 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

25

Parliament.

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

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

30

specified cases or classes of case,

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

                  (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

35

is exercised, or different provision for different cases or

different classes of case or different provision as respects the

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

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

specified condition.

40

     (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.

     (6)    Any such power includes power—

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

transitional provision (including provision amending, repealing or

45

revoking enactments or provisions of subordinate legislation) as the

 

 

Water Bill [HL]
Part 4 — Supplementary

    120

 

authority making the order or regulations considers to be expedient,

and

           (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

5

Interpretation Act 1978 (c. 30).

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

 97    Interpretation, commencement, short title, and extent

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

     (2)    In this Act—

10

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

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

           (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.

15

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

purposes.

     (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—

20

           (a)           sections 63 and 64,

           (b)           section 69(1),

           (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.

25

 

 

 
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 30 April 2003