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The Suffolk and Essex Water (Amendment of Local Enactments etc.) Order 1994

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Statutory Instruments

1994 No. 978

WATER INDUSTRY, ENGLAND AND WALES

The Suffolk and Essex Water (Amendment of Local Enactments etc.) Order 1994

Made

29th March 1994

Coming into force

31st March 1994

Whereas provision is made in relation to Suffolk Water plc (“Suffolk”) in local statutory provisions;

And whereas the Director General of Water Services has made a variation under section 8 of the Water Industry Act 1991(1) (“the Act”) replacing Suffolk as a water undertaker;

And whereas by virtue of that variation Essex Water plc (“Essex”) will hold an appointment as the water undertaker for the whole area for which Suffolk holds an appointment as the water undertaker;

And whereas Suffolk has transferred all of its properties, rights and liabilities to Essex by a transfer scheme under Schedule 2 to the Act;

And whereas it appears to the Secretary of State appropriate for the purposes of the above–mentioned variation and transfer scheme that provision be made corresponding to provisions originally made by Schedule 26 to the Water Act 1989(2) and that local statutory provisions relating to Suffolk be amended or repealed;

Now therefore the Secretary of State, in exercise of powers conferred on him by paragraph 7 of Schedule 2 to the Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Suffolk and Essex Water (Amendment of Local Enactments etc.) Order 1994 and shall come into force on 31st March 1994.

Amendment of references in local statutory provisions etc.

2.—(1) As from 31st March 1994 any reference to, or to the undertaking of, Suffolk in any local statutory provision and in any charges scheme made by Suffolk under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2) below, as a reference to Essex or, as the case may be, to the undertaking of Essex.

(2) Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or to whom that provision or scheme has effect before 31st March 1994.

Repeal of local statutory provisions

3.  The local statutory provisions referred to in the Schedule to this Order are repealed to the extent indicated in that Schedule with effect from 31st March 1994.

Signed by authority of the Secretary of State

N. W. Summerton

An Under Secretary in the

Department of the Environment

29th March 1994

SCHEDULE

PART IPROVISIONS OF ENACTMENTS REPEALED

TitleReferenceProvisions
The Aldeburgh Corporation (Water) Act 1901.1901 c.ccxlix.Sections 44 and 52.
The Great Yarmouth Waterworks and Lowestoft Water and Gas Act 1907.1907 c.lxxxiv.Section 52.
The Lowestoft Water and Gas Act 1931.1931 c.xxvii.Sections 73 to 75.

PART IIPROVISIONS OF ORDERS REPEALED

TitleReferenceProvisions
The East Anglian Water Order 1961.S.I. 1961/2291.Section 16.
The East Anglian Water (Capital Powers) Order 1972.S.I. 1972/2050.The whole Order.
The East Anglian Water (Capital Powers) Order 1977.S.I. 1977/295.The whole Order.
The East Anglian Water (Capital Powers) Order 1985.S.I. 1985/240.The whole Order.

Explanatory Note

(This note is not part of the Order)

This Order amends references in local statutory provisions and charges schemes for the purposes of the replacement of Suffolk Water plc as water undertaker by Essex Water plc.

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