Water Act 2003

103 Powers to make further supplementary, consequential and transitional provision, etc E+W+S

(1) The Secretary of State may by regulations make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision—

(a) amending or repealing any enactment, instrument or document (including in particular any instrument appointing a company to be a water or sewerage undertaker),

(b) conferring functions, powers or duties on any person.

(3) The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the [F1 appropriate agency] of compensation to any person who—

(a) before the coming into force of any provision of this Act was not required by or by virtue of the WRA to have a licence under Chapter 2 of Part 2 of the WRA in respect of any abstraction,

(b) following the coming into force of any provision of this Act does require such a licence in respect of that abstraction, and

(c) has suffered loss or damage as a result of his having been—

(i) refused such a licence in respect of that abstraction, or

(ii) granted such a licence, but in respect of an abstraction of more limited extent than that of the abstraction he was carrying out before the coming into force of the provision in question,

or who is a person who falls within subsection (4).

(4) A person falls within this subsection if he satisfies the [F1 appropriate agency] of the following—

(a) that the nature of his operations, or proposed operations, requires him to make plans about the abstraction of water,

(b) that before the coming into force of any provision of this Act he would not have required a licence under Chapter 2 of Part 2 of the WRA in respect of any such abstraction for which he had reasonably planned (or, if there has already been such an abstraction, he did not require such a licence in respect of it),

(c) that following the coming into force of any such provision he does require such a licence in respect of it, and

(d) that he has suffered loss or damage as a result of his having been—

(i) refused a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or

(ii) granted such a licence, but in respect of an abstraction of more limited extent than he had reasonably applied for,

and he applies for compensation before any deadline provided for in the regulations under subsection (1).

(5) The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person who—

(a) before 31st July 2002 was carrying on any activities in respect of the supply of water,

(b) following the coming into force of any provision of this Act—

(i) is unable to continue to carry on those activities as a result of their having been prohibited,

(ii) is unable to continue to carry on those activities as a result of a licence under Chapter 1A of Part 2 of the WIA having been required in respect of them and his not having applied for, or his having been refused, a licence, or

(iii) is unable to continue to carry on those activities in the same manner as a result of his having been granted a licence the effect of which is to restrict the carrying on of the activities, and

(c) has suffered loss or damage as a result of—

(i) those activities having been prohibited,

(ii) a licence not having been granted, or

(iii) those activities having been restricted.

(6) Where regulations made under subsection (1) include provision for the discharge by the Director General of Water Services instead of the Water Services Regulation Authority of any functions conferred on the Authority by or by virtue of any provision of this Act, then, for the purposes of Schedule 3, any such function shall be treated as if it had been the subject of a transfer under section 36 when the provision in the regulations ceased to apply.

(7) The power to make regulations under this section is also exercisable by the Assembly, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

(8) Nothing in this Act shall be read as affecting the generality of subsection (1).

Textual Amendments

F1 Words in s. 103 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 423 (with Sch. 7)