The Water Services etc. (Scotland) Act 2005 (Commencement No. 1 and Savings) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order appoints 20th June and 1st July 2005 for the coming into force of certain of the provisions of the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”), as set out in Schedules 1 and 2 of this Order.

Article 2 provides that the provisions specified in the schedules to this Order, so far as not then in force, shall come into force on the corresponding appointed day specified in the Table within the article.

Article 3(1) makes provision to save Scottish Water’s charges schemes made under section 32 of the Water Industry (Scotland) Act 2002, (“the 2002 Act”), until a replacement scheme can be made under the new section 29A of the 2002 Act (as inserted by section 21(1) of the 2005 Act).

Articles 3(2) to (3) make savings provisions in consequence of the commencement of provisions in the 2005 Act establishing the new Water Industry Commission for Scotland (“the Commission”) which, among other things, takes over, as from 1st July 2005, functions previously exercised by the office of the Water Industry Commissioner for Scotland (“the Commissioner”) (whose office will shortly be dissolved by an order under section 2 of the 2005 Act). This is to ensure that, notwithstanding the transfer of functions to the Commission, the Commissioner will remain responsible for exercising a number of functions under the 2002 Act, such as the preparation of an annual report (section 5) and accounts (Schedule 1, paragraph 4) and will be able to be funded under section 6 of that Act, until such time as that office is dissolved. Moreover, the Commissioner in carrying out any remaining functions before dissolution will continue to be subject to the Public Finance and Accountability (Scotland) Act 2000 (asp 1), the Ethical Standards in Public Life etc.(Scotland) Act 2000 (asp 7), the Scottish Public Services Ombudsman Act 2002 (asp 11), the Freedom of Information (Scotland) Act 2002 (asp 13) and the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4).