Scottish Statutory Instruments
Water Industry
Water Resources
Made
26th January 2016
Laid before the Scottish Parliament
28th January 2016
Coming into force
1st April 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by section 94(3) and (6) of, and Schedule 12 to, the Water Act 2014(1) and all other powers enabling them to do so.
1. This Order may be cited as the Water Act 2014 (Commencement No. 2) (Scotland) Order 2016 and comes into force on 1st April 2016.
2. 1st April 2016 is the day appointed for the coming into force of section 7(1) and (2) of the Water Act 2014 (arrangements with the Water Services Regulation Authority) in so far as not already in force.
KEITH BROWN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
26th January 2016
(This note is not part of the Order)
This Order commences section 7(1) and (2) of the Water Act 2014 (“the 2014 Act”) in so far as not already in force.
The Water Act 2014 (Commencement No. 1) (Scotland) Order 2015 (S.S.I. 2015/360) commenced section 7(1) and (2) of the 2014 Act in so far as they insert paragraph 1A into Schedule 2 to the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”). This Order commences section 7(1) and (2) for all remaining purposes.
The effect of this Order is that section 7 of the 2014 Act is commenced in full so that it inserts a new paragraph 1B into schedule 2 to the 2005 Act. The new paragraph 1B imposes a duty on the Water Industry Commission for Scotland to forward to the Water Services Regulation Authority an application for a grant of a water services licence or sewerage services licence when certain conditions are met.
(This note is not part of the Order)
The following provisions of the 2014 Act have been brought into force by commencement orders made before the date of this Order. Only sections 61 and 62, Schedule 8 (for limited purposes) and Parts 4 and 6 of the 2014 Act extend to Scotland. Amendments made by section 7 will also extend to Scotland by virtue of section 93(4). Section 7 is the only provision that falls to be commenced by the Scottish Ministers.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 1st September 2015 | 2015/773 |
| Section 1 (partially) | 1st September 2015 | 2015/1469 |
| Section 1 (partially) | 1st January 2016 | 2015/1938 |
| Section 4 (partially) | 1st September 2015 | 2015/773 |
| Section 4 (partially) | 1st September 2015 | 2015/1469 |
| Section 4 (partially) | 1st January 2016 | 2015/1938 |
| Section 6 (partially) | 18th December 2015 | 2015/1938 |
| Section 7 (partially) | 20th November 2015 | 2015/360 (S.S.I.) |
| Section 8 (partially) | 6th April 2015 | 2015/773 |
| Section 10 (partially) | 18th December 2015 | 2015/1938 |
| Section 11 (partially) | 18th December 2015 | 2015/1938 |
| Section 14(2) (partially) | 6th April 2015 | 2015/773 |
| Section 14 (for all remaining purposes) | 18th December 2015 | 2015/1938 |
| Section 16(2) (partially) | 15th July 2015 | 2015/1469 |
| Section 16 (for all remaining purposes) | 1st November 2015 | 2015/1469 |
| Section 17 (partially) | 6th April 2015 | 2015/773 |
| Section 17 (partially) | 15th July 2015 | 2015/1469 |
| Section 22 | 18th December 2015 | 2015/1938 |
| Section 23 (partially) | 1st January 2015 | 2014/3320 |
| Section 23 (partially) | 6th April 2015 | 2015/773 |
| Section 24 | 6th April 2015 | 2015/773 |
| Section 29 (partially) | 1st January 2015 | 2014/3320 |
| section 29(7) | 15th July 2015 | 2015/1469 |
| Section 30 (partially) | 1st January 2015 | 2014/3320 |
| Section 30(7) | 15th July 2015 | 2015/1469 |
| Section 38 (partially) | 1st January 2015 | 2014/3320 |
| Section 38 (partially) | 6th April 2015 | 2015/773 |
| Section 40(1) | 14th July 2014 | 2014/1823 |
| Section 41 | 1st November 2015 | 2015/1786 (W.249) |
| Sections 42 to 47 | 6th April 2015 | 2015/773 |
| Section 49 | 6th April 2015 | 2015/773 |
| Section 51 | 6th April 2015 | 2015/773 |
| Section 52 | 6th April 2015 | 2015/773 |
| Section 53 (partially) | 6th April 2015 | 2015/773 |
| Section 55 | 1st January 2015 | 2014/3320 |
| Section 56 (partially) | 1st January 2015 | 2014/3320 |
| Section 56 (partially) | 15th July 2015 | 2015/1469 |
| Section 56 (partially) | 1st September 2015 | 2015/1469 |
| Section 56 (partially) | 1st November 2015 | 2015/1469 |
| Section 56 (partially) | 18th December 2015 | 2015/1938 |
| Section 56 (partially) | 1st January 2016 | 2015/1938 |
| Section 59 | 1st October 2014 | 2014/1823 |
| Sections 64 to 68 | 1st January 2015 | 2014/3320 |
| Section 69 (for all remaining purposes) | 1st January 2015 | 2014/3320 |
| Section 82 (partially) | 1st January 2015 | 2014/3320 |
| Sections 83 to 84 | 1st January 2015 | 2014/3320 |
| Schedule 1 | 1st January 2015 | 2015/1938 |
| Schedule 2 (partially) | 1st September 2015 | 2015/773 |
| Schedule 2 (partially) | 1st September 2015 | 2015/1469 |
| Schedule 3 | 1st January 2015 | 2015/1938 |
| Schedule 4 (partially) | 1st September 2015 | 2015/773 |
| Schedule 4 (partially) | 1st September 2015 | 2015/1469 |
| Schedule 7 (partially) | 1st January 2015 | 2014/3320 |
| Schedule 7 (partially) | 15th July 2015 | 2015/1469 |
| Schedule 7 (partially) | 1st September 2015 | 2015/1469 |
| Schedule 7 (partially) | 1st November 2015 | 2015/1469 |
| Schedule 7 (partially) | 18th December 2015 | 2015/1938 |
| Schedule 7 (partially) | 1st January 2016 | 2015/1938 |
| Schedule 9 | 14th July 2014 | 2014/1823 |
2014 c.21 (“the Act”). The power in section 94(3) of the Act to appoint a day on which the remaining provisions of the Act shall come into force is vested in the “appropriate authority”. Section 94(6) of the Act states that the appropriate authority is the Secretary of State except as otherwise stated in the table in Schedule 12 to the Act. In accordance with that table the appropriate authority in relation to section 7 of the Act is the Scottish Ministers.