Search Legislation

Flood and Water Management Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Flood and Water Management Act 2010, SCHEDULE 5 is up to date with all changes known to be in force on or before 20 April 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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

 Help about changes and effects
Close

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.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 34

SCHEDULE 5E+WSpecial Administration

This schedule has no associated Explanatory Notes

Transfer schemesE+W

1(1)This paragraph amends paragraph 2 of Schedule 2 to the Water Industry Act 1991 (transfer schemes).E+W

(2)In sub-paragraph (1) omit “and, in relation to the matters affecting them, of any other appointees”.

(3)In sub-paragraph (3) for “, of the existing appointee and, in relation to the matters affecting them, of any other appointees,” substitute “ and the existing appointee ”.

(4)In sub-paragraph (4) for “, the new appointee and, in relation to the provisions of the order which affect them, any other appointees” substitute “ and the new appointee ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I1Sch. 5 para. 1 in force at 1.4.2011 by S.I. 2011/694, art. 3(j) (with art. 5(3))

2At the end of paragraph 3(2)(b) of Schedule 2 add “ (but may not impose new liabilities on any other appointee); ”.E+W

Annotations: Help about Annotation
Close

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.

Commencement Information

I2Sch. 5 para. 2 in force at 1.4.2011 by S.I. 2011/694, art. 3(j) (with art. 5(3))

ObjectivesE+W

3After section 23(2A) of the Water Industry Act 1991 (special administration order: effect) insert—E+W

(2B)Where a company is in special administration as a result of an order made on the grounds that the company is or is likely to be unable to pay its debts—

(a)a purpose of the special administration order is to rescue the company as a going concern, and

(b)the transfer purpose under subsection (2)(a) or (2A)(a) applies only if the special administrator thinks that—

(i)it is not likely to be possible to rescue the company as a going concern, or

(ii)transfer is likely to secure more effective performance of the functions or activities mentioned in subsection (2)(a) or (2A)(a).

(2C)Where subsection (2B) applies, subsections (2)(b) and (2A)(b) have effect as if they referred to carrying out functions, or carrying on activities, pending rescue or transfer.

(2D)For the purpose of rescuing the company as a going concern a special administrator may propose—

(a)a company voluntary arrangement under Part 1 of the Insolvency Act 1986, or

(b)a compromise or arrangement in accordance with Part 26 of the Companies Act 2006.

(2E)The Secretary of State may by regulations made by statutory instrument—

(a)modify a provision of the Insolvency Act 1986 or the Companies Act 2006 in respect of the arrangements and compromises mentioned in subsection (2D) in so far as they apply to a company which is or has been in special administration;

(b)make other supplemental provision about those arrangements and compromises (which may, in particular, apply or modify the effect of an enactment about insolvency or companies).

(2F)Provision under subsection (2E)(a) or (b) may, in particular, confer a function on—

(a)the Secretary of State,

(b)the Welsh Ministers, or

(c)the Authority.

(2G)Regulations under subsection (2E) may not be made unless—

(a)the Welsh Ministers have consented to the making of the regulations, and

(b)a draft has been laid before and approved by resolution of each House of Parliament (and section 213(1) shall not apply).

Annotations: Help about Annotation
Close

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.

Commencement Information

I3Sch. 5 para. 3 in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

Financial assistanceE+W

4(1)This paragraph amends sections 153 and 154 of the Water Industry Act 1991 (government financial assistance where special administration order made).E+W

(2)For section 153(1)(b) substitute—

(b)offer indemnities in respect of liabilities or loss incurred or sustained in the course of functions under the order.

(3)After section 153(1) insert—

(1A)An indemnity under subsection (1)(b) may be offered to—

(a)the special administrator,

(b)an employee of the special administrator,

(c)a member or employee of a firm of which the special administrator is or was a member or employee (or a successor of that firm),

(d)a body corporate of which the special administrator is or was an employee, or

(e)an officer, employee or member of a body corporate within paragraph (d).

(4)In section 153(3) for “by Schedule 3 to this Act” substitute “ by or under section 23 ”.

(5)After section 153(3) insert—

(3A)Arrangements for a grant, loan or indemnity which are made while a special administration order is in force may continue to have effect after the order ceases to have effect.

(6)In section 154(2) for “Immediately” substitute “ As soon as is reasonably practicable ”.

(7)In section 154(3) for “possible” substitute “ is reasonably practicable ”.

(8)In section 154(5) for “by Schedule 3 to this Act” substitute “ by or under section 23 ”.

(9)This paragraph has effect in respect of special administration orders made whether before or after this section comes into force.

Annotations: Help about Annotation
Close

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.

Commencement Information

I4Sch. 5 para. 4 in force at 1.4.2011 by S.I. 2011/694, art. 3(j)

Hive downE+W

5(1)In section 23 of the Water Industry Act 1991 (special administration order) after subsection (2G) (inserted by paragraph 2 above) insert—E+W

(2H)A transfer under subsection (2) or (2A) may be effected by—

(a)transferring all or part of the company's undertaking to a wholly-owned subsidiary of the company, and

(b)then transferring securities in the subsidiary to another company.

(2)The Secretary of State may by order amend Schedule 2 to the Water Industry Act 1991 in consequence of sub-paragraph (1).

(3)An order under sub-paragraph (2) may not be made unless—

(a)the Welsh Ministers have consented to the making of the order, and

(b)a draft has been laid before and approved by resolution of each House of Parliament.

(4)Amendments made by or under this paragraph apply to special administration orders made before or after the commencement of this section.

Annotations: Help about Annotation
Close

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.

Commencement Information

I5Sch. 5 para. 5 in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

Application of general administration lawE+W

6(1)For section 23(3) of (and Schedule 3 to) the Water Industry Act 1991 (special administration order: application of Insolvency Act 1986) substitute—E+W

(3)Schedule B1 to the Insolvency Act 1986 (administration) applies to special administration (subject to regulations under subsection (3A)).

(3A)The Secretary of State may make regulations about special administration which—

(a)apply (with or without modification) an insolvency provision;

(b)disapply an insolvency provision;

(c)modify the effect of an insolvency provision;

(d)make provision similar to, and in place of, an insolvency provision.

(3B)In subsection (3A) “insolvency provision” means a provision of the Insolvency Act 1986 or another enactment about insolvency (including (i) a provision about administration, (ii) a provision about consequences of insolvency, and (iii) a provision conferring power to make rules).

(3C)A reference in an enactment to Part II of the Insolvency Act 1986 includes a reference to that Part as applied by or under this section (subject to regulations under subsection (3A)).

(3D)Regulations under subsection (3A) shall be made by statutory instrument and may not be made unless—

(a)the Welsh Ministers have consented to the making of the regulations, and

(b)a draft has been laid before and approved by resolution of each House of Parliament (and section 213(1) shall not apply).

(2)Section 24(4) and (5) of the Water Industry Act 1991 (which apply to special administration orders specified provisions of the Insolvency Act 1986) shall cease to have effect.

(3)Section 249(1)(a) and (aa) of the Enterprise Act 2002 (which preserve an old version of Insolvency Act 1986 in its application to water and sewerage undertakers and suppliers) shall cease to have effect.

(4)In section 24(2)(d) of the Water Industry Act 1991 (special administration orders made on special petition) for “section 440 of the Companies Act 1985” substitute “ section 124A of the Insolvency Act 1986 ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I6Sch. 5 para. 6 in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

Strategic suppliesE+W

7(1)In section 66G(10) of the Water Industry Act 1991 (designation of strategic supply) after “its own customers” insert “ , and supplies which it is obliged to make under section 66A or 66C, ”.E+W

(2)In section 66H(10) of the Water Industry Act 1991 (designation of collective strategic supply) after “its own customers” insert “ , and supplies which it is obliged to make under section 66A or 66C, ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I7Sch. 5 para. 7 in force at 1.4.2011 by S.I. 2011/694, art. 3(j)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources