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The Water Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2015

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Citation and interpretation

1.—(1) This Order may be cited as the Water Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2015.

(2) In this Order—

“the 1991 Act” means the Water Industry Act 1991(1);

“the 2014 Act” means the Water Act 2014;

“old water supply licensee” means a person who is the holder for the time being of an “old water supply licence” as defined in paragraph 11 of Schedule 11 to the 2014 Act(2).

Provisions of the 2014 Act coming into force on 6th April 2015

2.—(1) The following provisions of the 2014 Act come into force on 6th April 2015 and are brought into force by the Secretary of State and the Welsh Ministers—

(a)subject to article 4, section 8 (bulk supply of water by water undertakers) as follows(3)—

(i)section 8(1) so far as it inserts section 40J (duty to provide information about bulk supplies) into the 1991 Act; and

(ii)section 8(2) so far as it relates to section 40J of the 1991 Act;

(b)section 17 (rules about charges for connections etc.) so far as it inserts section 144ZD (rules under section 144ZA: guidance) into the 1991 Act(4); and

(c)subject to article 4, section 24 (strategic priorities and objectives)(5).

(2) The following provisions of the 2014 Act come into force on 6th April 2015 and are brought into force by the Secretary of State only—

(a)subsection (2) of section 14 (exceptions to duty and undertakings in lieu of merger references) so far as it inserts section 33C (statement of methods) into the 1991 Act; and

(b)subject to article 5, chapter 4 of Part 1 (retail exit: non-household premises) as follows—

(i)section 42 (retail exit: non-household premises);

(ii)section 43 (application for retail exit);

(iii)section 44 (eligible licensees);

(iv)section 45 (transfer of undertaking);

(v)section 46 (operation of retail market);

(vi)section 47 (operation of retail market: charges etc.);

(vii)section 49 (modification of appointment and licence conditions);

(viii)section 51 (exit regulations: general);

(ix)section 52 (interpretation); and

(x)section 53 (procedure) except so far as subsection (1)(f) relates to sewerage licensees.

(3) Subject to article 6, the following provisions of the 2014 Act come into force on 6th April 2015 and are brought into force by the Welsh Ministers only—

(a)section 23 (general duty as regards undue preference in the provision of services) except so far as it relates to sewerage licensees in section 2(3)(ba)(ii) of the 1991 Act(6); and

(b)section 38 (guidance relating to rules about charges) except so far as it relates to sewerage licensees in section 144ZE(9)(e) of the 1991 Act(7).

Provisions of the 2014 Act coming into force on 1st September 2015

3.  The following provisions of the 2014 Act come into force on 1st September 2015 and are brought into force by the Secretary of State only—

(a)subsection (3) of section 1 (types of water supply licence and arrangements with water undertakers) so far as it relates to the provisions set out in paragraph (c);

(b)subsection (3) of section 4 (types of sewerage licence and arrangements with sewerage undertakers) so far as it relates to the provisions set out in paragraph (d);

(c)subject to article 5, paragraph 4 of Schedule 2 (water undertakers’ duties as regards water supply licensees) so far as it inserts section 66DB (codes under section 66DA: procedure) into the 1991 Act, with the exception of—

(i)subsection (1)(b) to the extent that it relates to subsection (3);

(ii)subsection (3); and

(iii)subsection (12); and

(d)subject to article 5, Schedule 4 (sewerage undertakers’ duties as regards sewerage licensees) so far as it inserts section 117G (codes under section 117F: procedure) into the 1991 Act, with the exception of subsections 2(e) and (7).

Transitional provisions made by the Secretary of State and the Welsh Ministers

4.—(1) The transitional provisions in this article are made by the Secretary of State and the Welsh Ministers, as follows—

(a)until section 8(1) of the 2014 Act comes into force to the extent that it substitutes section 40A of the 1991 Act, section 40A as referred to in section 40J(3) of the 1991 Act is to be read as if section 40A of the 1991 Act as substituted were in force; and

(b)in relation to section 24 of the 2014 Act—

(i)until the Secretary of State publishes a statement setting out strategic priorities and objectives for the Authority under section 2A(1) of the 1991 Act—

(aa)under section 2A(2) of the 1991 Act, the Authority must carry out those functions in accordance with the old guidance, as if the old guidance was a statement published under section 2A(1) of the 1991 Act; and

(bb)under section 192A(3A) of the 1991 Act, the forward work programme for any year must also include an explanation of how the projects described in it reflect the social or environmental policies set out or referred to in the old guidance;

(ii)until the Welsh Ministers publish a statement setting out strategic priorities and objectives for the Authority under section 2B(1) of the 1991 Act—

(aa)under section 2B(2) of the 1991 Act, the Authority must carry out those functions in accordance with old guidance, as if the old guidance was a statement published under section 2B(1) of the 1991 Act; and

(bb)under section 192A(3A) of the 1991 Act, the forward work programme for any year must also include an explanation of how the projects described in it reflect the social or environmental policies set out or referred to in the old guidance.

(2) In this article—

“the Authority” means the Water Services Regulation Authority(8);

“old guidance” means guidance issued by the Secretary of State or the Welsh Ministers to the Authority on social and environmental matters under section 2A(1) of the 1991 Act(9) as it had effect before being substituted under section 24(1) of the 2014 Act.

Transitional provisions made by the Secretary of State

5.  The transitional provisions in this article are made by the Secretary of State only, as follows—

(a)until section 1 of the 2014 Act comes into force so far as it relates to section 17A(1) of the 1991 Act, the references to a water supply licensee in the following provisions are to be read as references to an old water supply licensee—

(i)section 53(1)(f) of the 2014 Act; and

(ii)section 66DB(2)(f) of the 1991 Act (as inserted by Schedule 2 to the 2014 Act); and

(b)until paragraph 3 of Schedule 2 to the 2014 Act comes into force, section 66D as referred to in section 66DB of the 1991 Act is to be read as if section 66D of the 1991 Act as substituted were in force.

Transitional provisions made by the Welsh Ministers

6.  The transitional provisions in this article are made by the Welsh Ministers only, as follows—

(a)until section 1 of the 2014 Act comes into force so far as it relates to section 17A(1) of the 1991 Act, the references to a water supply licensee in the following provisions are to be read as references to an old water supply licensee(10)—

(i)section 2(3)(ba)(ii) of the 1991 Act (as inserted by section 23 of the 2014 Act); and

(ii)section 144ZE of the 1991 Act (as inserted by section 38 of the 2014 Act); and

(b)until paragraph 5 of Schedule 2 to the 2014 Act comes into force to the extent that it substitutes section 66E of the 1991 Act, section 66E as referred to in section 144ZE(1)(a) of the 1991 Act is to be read as if section 66E of the 1991 Act as substituted were in force(11).

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

12th March 2015

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

16th March 2015

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