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Water Industry Act 1991
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- 1991 c. 56
- SCHEDULE 5
- Applications for orders
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Changes and effects yet to be applied to Schedule 5 Crossheading Applications-for-orders:
Changes and effects
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- s. 76-76C substituted for s. 76 by 2010 c. 29 s. 36
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 36A-36G inserted by 2010 c. 29 s. 35(1)
- s. 106A inserted by 2010 c. 29 Sch. 3 para. 16(2)
- s. 106B inserted by 2010 c. 29 s. 42(1)
- s. 144C inserted by 2010 c. 29 s. 45(1)
- s. 154A inserted by 2012 c. 8 s. 1
- s. 154B inserted by 2012 c. 8 s. 2
Commencement Orders yet to be applied to the Water Industry Act 1991:
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/975 art. 2 commences (2003 c. 37)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/694 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
Applications for ordersE+W
1(1)Where the Director or a water undertaker applies to the Secretary of State for an order under section 65(5) of this Act, the applicant shall—E+W
(a)submit to the Secretary of State a draft of the order applied for;
(b)publish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in the locality which would be affected by the provision proposed to be made by the order;
(c)not later than the date on which that notice is first published serve a copy of the notice on every affected local authority and every affected water undertaker; and
(d)publish a notice in the London Gazette which-
(i)states that the draft order has been submitted to the Secretary of State;
(ii)names every local authority on whom a notice is required to be served under this paragraph;
(iii)specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and
(iv)gives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.
(2)The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—
(a)state the general effect of the order applied for;
(b)specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; and
(c)state that any person may, within that period, by notice to the Secretary of State object to the making of the order.
(3)For the purposes of subsection (1)(c) above a local authority or a water undertaker which is not the applicant shall be affected by an application for an order if its area includes the whole or any part of the locality which would be affected by the provision proposed to be made by the order.
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