Explanatory Notes

Water Services etc. (Scotland) Act 2005

2005 asp 3

17 March 2005

Commentary on Sections

Part 4: Miscellaneous and General


Section 31: Offences by bodies corporate and partnerships

198.Section 31 provides that officers of companies and other corporations and members of partnerships can be held personally liable, in certain circumstances, for offences under the Act that their companies or partnerships commit.

Section 32: Amendments to enactments

199.Section 32 introduces schedule 5, which makes consequential amendments to enactments as a result of this Act.

Section 33: Ancillary provision

200.Section 33 enables Ministers to make orders for incidental, supplemental, consequential, transitional, transitory or saving provisions where they consider that these are necessary or expedient for the purposes of or in consequence of the Act. The parliamentary procedure for making these orders is defined in section 34: where an order is used to amend primary legislation, affirmative procedure is prescribed; otherwise an order would be subject to negative procedure.


Section 34: Orders and regulations

201.Section 34(1) provides that the powers to make orders and regulations that the Act confers on the Scottish Ministers are exercisable by statutory instrument. Subsection (2) provides that in exercising such powers, Ministers can make such incidental, consequential, transitional or saving provisions as considered necessary or expedient and can make different provision for different circumstances.

202.Subsections (3) and (4) set out the parliamentary procedure which the various statutory instruments that are capable of being made under the powers in the Act are subject to.

203.Subsection (3) provides that some statutory instruments are subject to negative procedure or annulment. Subsection (4), however, specifies affirmative procedure for some statutory instruments, whereby Ministers cannot make and bring into force a statutory instrument until the instrument has been laid in draft before the Parliament and the Parliament has by resolution approved it. This procedure requires closer Parliamentary scrutiny and is applied to the few provisions in the Act that enable primary legislation to be amended, or enable provisions in the Act to be modified in a significant way.

204.Subsection (3) applies negative procedure to statutory instruments in respect of the following provisions:

205.Subsection (4) applies affirmative procedure to statutory instruments in respect of the following provisions:

Section 35: Interpretation

206.Section 35(1) specifies the meaning to be placed upon the abbreviated references to legislation in the Act. Subsection (2) provides that the definition of Scottish Water's core functions given at section 70(2) of the 2002 Act is to apply for the purpose of the Act.

Section 36: Crown application

207.Section 36 provides that the provisions in the Act bind the Crown.

Section 37: Short title and commencement

208.Section 37(1) specifies the title by which the Act should be cited. Subsections (2) and (3) empower Ministers to bring different provisions in the Act into force at different times following Royal Assent. This section, as well as sections 33 to 36, however, come into force on Royal Assent.