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Welsh Statutory Instruments
Water, England And Wales
Made
22 May 2018
Laid before the National Assembly for Wales
25 May 2018
Laid before Parliament
30 May 2018
Coming into force
15 June 2018
The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the quality of water intended for domestic purposes or for use in a food production undertaking.
The Welsh Ministers make these Regulations in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972 and sections 67, 69, 77(3) and (4) and 213(2) of the Water Industry Act 1991(3).
S.I. 2004/3328, as amended by S.I. 2005/850, S.I. 2007/1349, S.I. 2008/301, S.I. 2012/1759 and S.I. 2014/1362. The functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers by virtue of section 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
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).
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 1999 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 provisions 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 provisions of the 1999 Order; the functions of the Secretary of State under section 213 were 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 1999 Order: see the entry in Schedule 1 to the 1999 Order. References in Schedule 1 to the 1999 Order to specific sections of the Act are treated by section 100(6) of the Water Act 2003 (“the 2003 Act”) as referring to those sections as amended by the 2003 Act. References to “licensed water suppliers” or the singular term in Schedule 1 to the 1999 Order now read “water supply licensees” or the singular term following the amendments in paragraph 127 of Schedule 7 to the Water Act 2014 (“the 2014 Act”); there are other amending instruments but none are relevant. By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006, the functions conferred on the Assembly are now exercisable by the Welsh Ministers. Section 69 of the Act was amended by paragraph 19 of Schedule 8 , and Part 3 of Schedule 9 , to the 2003 Act, and paragraph 68 of Schedule 7 to the 2014 Act. Section 213 of the Act was amended by paragraph 28 of Schedule 1 to the Competition and Service (Utilities) Act 1992 (c. 43) and by section 56 of, and paragraph 119(4) of Schedule 7 to the 2014 Act.
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