The 1998 Act re-enacted various provisions of the 1975 Act, including section 31(3) of the 1975 Act (re-enacted as section 24(3) of the 1998 Act). Paragraph 1 of Part 1 of Schedule 3 to the 1998 Act makes an express saving of subordinate legislation made under any provision of an Act repealed and re-enacted by the 1998 Act, and provides that such subordinate legislation has effect as if made under the corresponding re-enacted provision. Therefore the 1981 Regulations continued to have effect as if they were made under section 24(3) of the 1998 Act.

Section 31(3) of the 1975 Act gave the Secretary of State power to provide in regulations that prescribed provisions of Part 3 of that Act (concerning submarine pipelines) did not apply to a pipeline of a prescribed kind. The 1981 Regulations disapplied certain provisions in Part 3 of the 1975 Act (concerning authorisation for construction, compulsory increases in capacity and acquisition by third parties of rights to use) for pipelines (a) for the conveyance of water to or from an electricity generating station, and (b) for the conveyance of dissolved chlorine to any pipeline conveying water to an electricity generating station. These disapplications continued to apply to the corresponding re-enacted provisions in Part 3 of the 1998 Act (submarine pipelines).

An impact assessment has not been produced for this instrument as no impact on business or the private, voluntary or public sectors is foreseen.