2006 No. 40 (C. 4)

WATER INDUSTRY

The Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006

Made

The Scottish Ministers, in exercise of the powers conferred by section 37(2) and (3) of the Water Services etc. (Scotland) Act 20051, hereby make the following Order:

Citation1

This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006.

Appointed day2

The day appointed for the coming into force of the following provisions of the Water Services etc. (Scotland) Act 2005 is 10th February 2006–

a

section 25; and

b

section 26(12) insofar as it applies to section 25.

RHONA BRANKINAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Order)

This Order appoints 10th February 2006 for the coming into force of section 25 and section 26(12) (insofar as it applies to section 25) of the Water Services etc. (Scotland) Act 2005 (asp 3) (“the 2005 Act”).

Section 25 of the 2005 Act enables the Scottish Ministers to make an order containing a code of practice (called a “sewerage code”) for the purposes of assessing, controlling and minimising sewerage nuisance. Section 26(12) defines “local authority” for the purposes of section 25.

(This note is not part of the Order)

The following provisions of the 2005 Act were brought into force by the Water Services etc. (Scotland) Act 2005 (Commencement No. 1 and Savings) Order 2005 (S.S.I. 2005/351):–

Provisions commenced on 20th June 2005

Section 1(1) and (4) (partially)

Section 4 (apart from subsection (6))

Section 5 (apart from subsection (6))

Section 9 (partially)

Sections 28 to 31

Schedule 1 (partially)

Schedule 4

Provisions commenced on 1st July 2005

Sections 1 and 2

Sections 21 (apart from subsections (4) and (5))

Section 22

Section 24

Section 32 (partially)

Schedule 1

Schedule 3

Schedule 5, paragraphs 1 to 6; 7(1) to (2); 7(4); 7(6); 7(8) to (9); 8(b); 9(b) and 10