The Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 4) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Water Environment and Water Services (Scotland) Act 2003 (“the 2003 Act”) on 6th March 2006.

Regulation 2(a) commences section 29 of the 2003 Act which inserts, respectively, new section 1(3A) to (3D) into the Sewerage (Scotland) Act 1968 (“the 1968 Act”) and new section 6(2A) to (2E) into the Water (Scotland) Act 1980 (c. 45) (“the 1980 Act”). These provisions enable the Scottish Ministers to make regulations on what comprises a reasonable cost for the purposes of section 1 of the 1968 Act and section 6 of the 1980 Act. The regulations may include provision on the matters which may be taken into, or left out of, account in calculating that reasonable cost, and for the method of calculation to be applied.

Regulation 2(b) commences section 32 of the 2003 Act, which amends the 1980 Act to clarify the circumstances in which infrastructure, including waterworks and mains, vest in Scottish Water.

Regulation 2(c) commences section 33 of the 2003 Act, which inserts a definition of “public SUD system” into section 59(1) of the 1968 Act, which definition is referred to in section 1(3B) of the 1968 Act. Regulation 2(c) also commences associated definitions.