The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 No. 3172

Article 11

SCHEDULE

PART 1 MODIFICATIONS OF PUBLIC GENERAL ACTS

The House of Commons Disqualification Act 1975 (c. 24)

1.  In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)(1), insert at the appropriate place–

• “The Water Industry Commission for Scotland.”.

The Race Relations Act 1976 (c. 74)

2.  In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons added after commencement of general statutory duty)(2), in the list headed “Other Bodies, etc.”, insert at the appropriate place–

• “The Water Industry Commission for Scotland.”.

The Competition Act 1998 (c. 41)

3.  In the Competition Act 1998–

(a) in paragraph 19A(9) of Schedule 7 (performance of the Commission’s general functions: procedure)(3), in the definition of “special reference group”–

(i) the “or” at the end of paragraph (n) is omitted; and

(ii) after paragraph (o) there is added–

“; or

(p) article 3 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”; and

(b) in paragraph 1 of Schedule 7A (the Competition Commission: procedural rules for mergers and market references etc.)(4), in the definition of “special investigation”, for “, (n) and (o)” substitute “and (n) to (p)”.

The Utilities Act 2000 (c. 27)

4.  In section 104(1) of the Utilities Act 2000 (appointment of members of the Competition Commission)(5)–

(a) the “or” at the end of paragraph (b) is omitted, and

(b) after paragraph (c) there is added–

“; or

(d) article 3 or 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”.

PART 2 MODIFICATION OF SUBORDINATE LEGISLATION

The Public Interest Disclosure (Prescribed Persons) Order 1999

5.  In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999(6), there is inserted in the appropriate place the following entry–

“The Water Industry Commission for Scotland	The supply of water and the provision of sewerage services.
The Convener of the Water Customer Consultation Panels and any member of those Panels	The supply of water and the provision of sewerage services.”.

(1)

There have been amendments to Schedule 1 which are not relevant to this Order.

(2)

Schedule 1A was inserted by the Race Relations (Amendment) Act 2000 (c. 34), section 2(2) and Schedule 1 and was amended by S.I. 2001/3457.

(3)

Paragraph 19A was inserted by the Enterprise Act 2002 (c. 40), section 187(3) and amended by the 2003 Act, section 406 and Schedule 17, paragraph 153.

(4)

Schedule 7A was inserted by the Enterprise Act 2002 (c. 40), section 187(4) and Schedule 12 and amended by the 2003 Act, section 406 and Schedule 17, paragraph 154.

(5)

Section 104(1) was amended by the Water Act 2003 (c. 37), section 53.

(6)

S.I. 1999/1549; the relevant amending instrument is S.I. 2003/1993.