Statutory Instruments
Water, England And Wales
Made
26th May 2016
Laid before Parliament
1st June 2016
Coming into force
27th June 2016
The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a)sections 67, 69, 77(3) and (4) and 213(2) of the Water Industry Act 1991(1), and
(b)in relation to regulations 26, 31 and 33, section 2(2) of the European Communities Act 1972(2).
The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment(3).
1991 c.56; the functions of the Secretary of State under section 67 were transferred to the National Assembly for Wales (“the Assembly”) (a) for the making of regulations concerning water supplied using the supply system of a water undertaker, in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales, and (b) for the making of regulations concerning water supplied other than using the supply system of a water undertaker, in relation to Wales, by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the Order”); the functions of the Secretary of State under section 69 were, in relation to any water undertaker whose area is wholly or mainly in Wales and any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker, transferred to the Assembly by the same provision of the Order; the functions of the Secretary of State under section 77 were transferred to the Assembly in relation to Wales by the same provision of the Order; the functions of the Secretary of State under section 213 were made exercisable by the Assembly to the same extent as the powers to which that section applies were made exercisable by the Assembly by virtue of the same provision of the Order; see the entry in Schedule 1 to the Order. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32), the functions transferred to and made exercisable by the Assembly are now exercisable by the Welsh Ministers. Section 69 was amended by paragraph 19 of Schedule 8, and Part 3 of Schedule 9, to the Water Act 2003 (c.37). It is prospectively amended by paragraph 68 of Schedule 7 to the Water Act 2014 (c.21) from a date to be appointed. Section 213(2) was amended by paragraph 28 of Schedule 1 to the Competition and Service (Utilities) Act 1992 (c.43) and by section 36(2) of, and paragraph 49(3) of Schedule 8 to, the Water Act 2003. It is prospectively amended by paragraph 119(4) of Schedule 7 to the Water Act 2014 from a date to be appointed.
1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).