Water Act 1989

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Blanket amendment text amended by S.I. 2011/1043 art. 3 4
Blanket amendment text amended by S.I. 2011/1043 art. 3 6

Commencement Orders yet to be applied to the Water Act 1989:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/766 art. 2 commences (2002 c. 40)
S.I. 2003/1397 art. 2 commences (2002 c. 40)
S.I. 2003/1900 art. 2 commences (2003 c. 21)
S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
S.I. 2004/641 art. 2-5 commences (2003 c. 37)
S.I. 2004/2304 art. 2 commences (2004 c. 21)
S.I. 2004/2917 art. 2 commences (2004 c. 21)
S.I. 2005/2040 art. 2-4 commences (2004 c. 36)
S.I. 2005/2714 art. 2-4 commences (2003 c. 37)
S.I. 2007/2194 art. 2-5 commences (2006 c. 46)
S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
S.I. 2009/3345 art. 2 commences (2009 c. 23)
S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
S.I. 2010/630 art. 3 commences (2009 c. 23)
S.I. 2011/556 art. 1-3 commences (2009 c. 23)
S.S.I. 2005/174 art. 2 commences (2004 asp 15)

194 Short title, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Water Act 1989.

(2)This section, so much of this Act as confers any power to make subordinate legislation or makes provision with respect to the exercise of any such power and sections 29 and 30 above shall come into force on the passing of this Act.

(3)The following provisions of this Act, except in so far as they are already in force in accordance with subsection (2) above, shall come into force on the transfer date, namely—

(a)sections 15 to 28 (including Schedules 5 and 6), section 31 and sections 33 to 36;

(b)Chapters II to V of Part II, except section 79;

(c)section 97;

(d)Parts III and IV, except so far as relating to the amendment, in Schedule 17, to the M1Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;

(e)Part V, except so far as relating to sections 33, 47 and 48 of the M2Control of Pollution Act 1974;

(f)Schedule 26 and section 190 so far as relating to that Schedule; and

(g)Part I of Schedule 27 and section 190 so far as relating to that Part of that Schedule.

(4)The provisions of this Act not brought into force on the passing of this Act or on the transfer date by subsection (2) or (3) above shall come into force on such day (whether that date or a day before or after that date) as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

(5)An order made by the Secretary of State under subsection (4) above may make such transitional provisions and savings in connection with the bringing into force by that order of any provision of this Act as the Secretary of State considers appropriate.

(6)This section and the following provisions of this Act shall extend to the whole of the United Kingdom, namely—

(a)Schedules 2 and 5 and sections 4, 13 and 23 so far as relating to any scheme under either of those Schedules;

(b)section 95; and

(c)any amendment or repeal by this Act of any provision contained in the M3Parliamentary Commissioner Act 1967, the M4Capital Allowances Act 1968, the M5House of Commons Disqualification Act 1975 or the M6Northern Ireland Assembly Disqualification Act 1975.

(7)Subject to any enactment by virtue of which a provision of this Act has effect in relation to any part of the territorial sea adjacent to or to any part of Great Britain, the following provisions of this Act shall extend to Great Britain only, namely—

(a)section 136 and Schedule 15 so far as they amend section 32 of the M7Land Drainage Act 1976;

(b)subsections (1) to (4), (6) and (7) of section 141 and, so far as they amend the M8Diseases of Fish Act 1937 or section 39 of the M9Salmon and Freshwater Fisheries Act 1975 (border rivers), subsection (5) of the said section 141 and Schedule 17;

(c)section 172;

(d)section 190 and Schedule 25 so far as they relate to the M10Agriculture Act 1970, the M11Health and Safety at Work etc. Act 1974 F1. . .; and

(e)section 190 and Schedule 27 so far as they relate to the Diseases of Fish Act 1937, the M12Border Rivers (Prevention of Pollution) Act 1951, section 126 of the M13Water Resources Act 1963 (border rivers), section 39(4) of the Salmon and Freshwater Fisheries Act 1975 and the M14Diseases of Fish Act 1983.

(8)The following provisions of this Act shall extend to Scotland only (subject, in the case of paragraph (a) below, to the application of sections 21 and 22 of the M15Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 to any provision of that Act), namely—

(a)subsection (5) of section 141 above and Schedule 17 to this Act, so far as they amend section 15 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;

(b)Part V;

(c)section 190 and Schedule 25 so far as they amend the M16Public Health (Scotland) Act 1897, the M17Agricultural Holdings (Scotland) Act 1949, the M18Rivers (Prevention of Pollution) (Scotland) Act 1951, the M19Valuation and Rating (Scotland) Act 1956 and the M20Water (Scotland) Act 1980;

(d)section 190 and Part I of Schedule 27 so far as they relate to section 104 of the M21Control of Pollution Act 1974.

(9)Subject to subsections (6) to (8) above, to any enactment by virtue of which a provision of this Act has effect in relation to any part of the territorial sea adjacent to England and Wales and to the application of section 39(1) of the Salmon and Freshwater Fisheries Act 1975 (border rivers) to any provision of this Act in so far as it amends or repeals an enactment contained in the said Act of 1975, this Act shall extend to England and Wales only.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Subordinate Legislation Made

P1Power of appointment conferred by s. 194(4) partly exercised: S.I. 1989/1146, 1557, 1561, 2278, 1991/1172

Amendments (Textual)

F1Words in s. 194(7)(d) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Marginal Citations