The Secretary of State, in relation to England, and the Welsh Ministers in relation to Wales, make the following Regulations in exercise of the powers conferred by—

a
sections 34, 36A(5), 37(1), (4) and (6), 37A, 43(2)(a) and (3), 44(3)(a), 45, 59, 189 and 219(2)(f) of the Water Resources Act 1991 M1; and
b
sections 103(1) to (3) and (7) and 104(4) and (6) of the Water Act 2003 M2.

Annotations:

Marginal Citations

1991 c. 57. Section 34 was amended by paragraph 1 of Schedule 24 to the Environment Act 1995 (c.25) (“the 1995 Act”) and by paragraph 2 of Schedule 7 to the Water Act 2003 (c. 37) (“the 2003 Act”). Section 36A was inserted by section 13(1) of the 2003 Act. Section 37 was substituted by section 14(1) of the 2003 Act. Section 37A was inserted by section 14(2) of the 2003 Act. Section 45 was amended by paragraph 1 of Schedule 24 to the 1995 Act and by section 13(3) of the 2003 Act. Section 189 was amended by section 23(3) of the 2003 Act. Sections 34, 37, 37A, 45 and 189 were amended by S.I. 2013/755 (W. 90). See section 221(1) for the definitions of “prescribed” and “the Ministers”. The power to make Regulations under this Act was transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (references to the Water Resources Act 1991 in that Schedule are treated as references to that Act as amended by the 2003 Act by virtue of section 100(6) of the 2003 Act). Those functions were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

2003 c. 37. Section 103(3) was amended by S.I. 2013/755 (W. 90). The power of the National Assembly for Wales to make regulations under section 103 in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly was transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.