Water Industry (Financial Assistance) Act 2012 Explanatory Notes

Territorial Extent and Application

5.The Act extends to England and Wales.

6.The power in the provision inserted by section 1 may be exercised by the Secretary of State in relation to charges payable by customers in the areas of undertakers wholly or mainly in England.

7.The power in the provision inserted by section 2 may be exercised by the Secretary of State in relation to infrastructure that can be used by undertakers whose areas are wholly or mainly in England.

8.The areas of appointment of water and sewerage undertakers do not follow the national boundary between England and Wales. Under section 108 of, and paragraph 19 of Schedule 7 to, the Government of Wales Act 2006, the National Assembly for Wales has legislative competence in relation to “water supply” but not in relation to the “appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.” The Government proceeds in accordance with a convention that it will not normally ask Parliament to legislate in relation to matters within the legislative competence of the National Assembly for Wales without the Assembly’s consent. Defra obtained the agreement of the Welsh Ministers that no Legislative Consent Motion in the National Assembly for Wales was required for any provision in this Act.

9.The Act does not extend to Scotland or Northern Ireland.

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