2006 No. 445 (C. 35 )

WATER INDUSTRY

The Water Services etc. (Scotland) Act 2005 (Commencement No. 4) Order 2006
Made
30th August 2006
The Scottish Ministers, in exercise of the powers conferred by sections 34(2) and 37(2) of the Water Services etc. (Scotland) Act 2005 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation
1
1
This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 4) Order 2006.
2
In this Order “the 2005 Act” means the Water Services etc. (Scotland) Act 2005.

Appointed Day
2
The provisions of the 2005 Act which are specified in column 1 of the Schedule to this Order, the subject matter of which is described in column 2 of that Schedule shall, so far as not then in force, come into force on 7th September 2006 (“the appointed day”); but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, that provision shall come into force on the appointed day only for that purpose.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
30th August 2006
SCHEDULE

PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 7TH SEPTEMBER 2006
Article 2
Column 1 | Column 2 | Column 3
Provisions of the 2005 Act | Subject Matter | Purpose
Sections 4(6) and 5(6) | Public water supply system and sewerage system: offences |
Sections 6 and 7 | Licence authorisation and granting of licences | Only in relation to applications for licences submitted in respect of the business undertaking established under section 13 of the 2005 Act
Section 8 | Compliance with licences |
Section 10 | Licensed providers to give information |
Section 11 | Participation of licensed providers |
Section 12 | Licences and compliance: further provision | Only for the purpose of bringing into force the provisions of Schedule 2 to the 2005 Act specified in column 1 of this table below
Section 13 | Water and sewerage services undertaking |
Section 14 | Financing, borrowing and guarantees |
Section 15 | Transfer of staff etc. to the undertaking |
Section 16 | Scottish Water to provide services |
Section 17 | Continuation of water services |
Section 18 | Discontinuation of water services |
Section 19 | Disconnections Code |
Section 20 | Continuation and discontinuation of sewerage services |
Section 21(4) and (5) | Liability for charges for services arranged by licensed providers |
Section 27 | Meaning of ‘eligible premises’ |
Section 32 | Amendments to enactments | Only for the purpose of bringing into force the provisions of Schedule 5 to the 2005 Act specified in column 1 of this table below
Schedule 2, apart from paragraph 4 | Licences and compliance: further provision |
Schedule 5, paragraph 7(7) | Amendments to enactments |
(This note is not part of the Order)
Article 2 of, and the Schedule to, this Order bring into force further provisions of the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”) on 7th September 2006.
The Order commences various provisions in Part 2 of the 2005 Act which establishes a licensing system for the provision of water and sewerage services to eligible premises by water services and sewerage services providers.
(This note is not part of the Order)
The following provisions of the 2005 Act were brought into force by the Water Services etc. (Scotland) Act 2005 (Commencement No. 1 and Savings) Order 2005 (S.S.I. 2005/351), the Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006 (S.S.I. 2006/40) and the Water Services etc. (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006 (S.S.I. 2006/167):
Provisions commenced on 20th June 2005 by S.S.I. 2005/351
Section 1(1) (partially)
Section 1(4) (partially)
Section 4, apart from subsection (6)
Section 5, apart from subsection (6)
Section 9 (partially)
Section 28
Section 29
Section 30 (Part 3)
Section 31
Schedule 1 (partially)
Schedule 4
Provisions commenced on 1st July 2005 by S.S.I. 2005/351
Section 1
Section 2
Section 21, apart from subsections (4) and (5)
Section 22
Section 24
Section 32 (only for the purpose of bringing into force the provisions of Schedule 5 specified in this column below)
Schedule 1
Schedule 3
Schedule 5, paragraphs 1 to 6; 7(1) to (2); 7(4); 7(6); 7(8) to (9); 8(b); 9(b) and 10
Provisions commenced on 10th February 2006 by S.S.I. 2006/40
Section 25
Section 26 (partially)
Provisions commenced on 1st April 2006 by S.S.I. 2006/167
Section 3
Section 23
Section 32 (only for the purpose of bringing into force the provisions of Schedule 5 specified in this column below)
Schedule 5, paragraphs 7(3), 8(a) and 9(a)
Provisions commenced on 22nd April 2006 by S.S.I. 2006/167
Section 26, apart from subsection (10)
Section 26(10) (only in relation to any sewerage nuisance to which the Sewerage Nuisance (Code of Practice) (Scotland) Order 2006 (S.S.I. 2006/155) applies)
2005 asp 3.