Part 4Supplementary

100Devolution: Wales

I101

In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (referred to in this section as “the Order”), at the end there is inserted “ except section 12A(4). ”.

2

The entry relating to the WIA in Schedule 1 to the Order is amended as follows—

a

in the list of sections conferring on the Secretary of State functions which are not transferred by the Order—

I16I30i

after “sections 1,” there is inserted “ 2A, ”,

I3I11I16I20I27I30ii

for “17” there is substituted “ 16A, 17 to 17D, 17F to 17K, 17N to 17P, 17R, 22A to 22F, ”,

I20I30iii

after “27(3),” there is inserted “ 27A, 27B, 27E, 27G, 27I to 27K, 29, 29A, ”,

I3I27I30iv

after “35,” there is inserted “ 38B, 66B, 66F to 66L, 86(1A), 87B, 88A, 89, ”,

I31v

after “92,” there is inserted “ 95B, ”,

I11I30vi

after “152(2),” there is inserted “ 192A, 192B, ”,

I16I30vii

before “206(3)(e)” there is inserted “ 195A, ”,

I31viii

after “Schedules 1” there is inserted “ , 1A, 3A, ”,

I3I11I16I20I27I30ix

at the end there is inserted “ and except functions under such other sections or Schedules as are expressly stated in the succeeding paragraphs to be so excepted (but only to the extent stated). ”,

I23b

in the paragraph relating to functions under sections 2, 5 (etc)—

I16I27I39i

the reference to section 2 is omitted,

I11I27I39ii

the reference to sections 18 to 22 is omitted,

I8I16I17iii

for “37 to 39” there is substituted “ 37, 38, 39, 51A ”,

I3I11I27iv

the reference to sections 68 to 70 is omitted,

I27v

the reference to section 93A is omitted,

I16vi

for “94 to 96,” there is substituted “ 94, 95, 96, ”,

I40vii

after “104,” there is inserted “ 105A to 105C, ”,

I3I27I39viii

for “198 to 203” there is substituted “ 198 to 200 ”,

I27I39ix

the reference to section 205 is omitted,

I3I11I16I27I39x

at the end there is inserted “ (but not in relation to any licensed water suppliers). ”,

I34c

the paragraph relating to section 28(4) is omitted,

I3I11I16I27I39d

before the paragraph relating to functions under section 67 there is inserted—

Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to 203 are transferred to the Assembly in relation to—

a

any water or sewerage undertaker whose area is wholly or mainly in Wales;

b

any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and

c

in the case of functions under section 70, any other person who is a relevant person (as defined in that section) in relation to any such undertaker or licensed water supplier.

I3I27I39e

in the paragraph relating to functions under section 67, for paragraphs (a) and (b) there is substituted—

a

for the making of regulations concerning water supplied using the supply system of a water undertaker, the function is transferred in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales;

b

for the making of regulations concerning water supplied other than using the supply system of a water undertaker, the function is transferred in relation to Wales.

I39f

in the paragraph relating to functions under sections 3, 86 (etc), for “86” there is substituted “ 86 (except subsection (1A)) ”,

I11I23I35I39g

after that paragraph there is inserted—

In respect of the functions under sections 37A to 37D, 39B and 39C it is provided as follows—

a

functions under those provisions so far as relating to matters concerning the construction or enlargement of reservoirs are transferred to the Assembly in relation to Wales;

b

functions under those provisions so far as relating to matters other than the construction or enlargement of reservoirs are transferred to the Assembly in relation to any water undertaker whose area is wholly or mainly in Wales; and

c

the functions of the Assembly referred to in paragraph (b) above so far as they are exercisable in relation to England shall be exercisable only after consultation with the Secretary of State.

I39h

in the paragraph relating to section 152(1), after “Wales” there is inserted “ or (so far as relating to licensed activities using the supply system of any such water undertaker) any licensed water supplier ”,

I39i

for the paragraph relating to section 208 there is substituted—

In respect of the functions under section 208 it is provided as follows—

a

the functions under that section of giving directions for the purpose of mitigating the effects of any civil emergency and the function (in the case of sub-paragraphs (i) and (ii) below) of enforcing such directions are transferred to the Assembly—

i

in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales;

ii

in relation to any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and

iii

in relation to the Consumer Council for Water so far as relating to its functions in connection with any such water undertaker; and

b

it is directed that the other functions under that section shall be exercisable by the Assembly concurrently with the Secretary of State in relation to the bodies and so far as mentioned in paragraph (a)(i) to (iii) above.

I3I20I27I39j

in the paragraph relating to Article 2(c), at the end there is inserted “ or any licensed water supplier using the supply system of any such water undertaker. ”.

I12I24I393

In Schedule 2 to the Order, after the entry relating to the Environmental Protection Act 1990 there is inserted a new entry as follows—

Water Industry Act 1991 c 56

The functions of the Secretary of State under sections 37A to 37D, 39B and 39C so far as relating to matters other than the construction or enlargement of reservoirs shall be exercisable only after consultation with the Assembly.

4

The entry relating to the WRA in Schedule 1 to the Order is amended as follows—

I13a

in the paragraph referring to the functions of a Minister of the Crown under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “ , 20B(3) ”, and

b

in the list of provisions under which there are transferred functions of the Secretary of State to which paragraph 6 of Schedule 3 to the Government of Wales Act 1998 (c. 38) is applied, in the appropriate places there is inserted—

I4i

“section 27A and (so far as it relates to section 27A) Schedule 6,”

I4ii

“section 33A,”

I36iii

“section 51(1C) to 51(1F),”,

and in the entry in that list relating to section 161C, after “regulations)” there is inserted “ , but not including section 161C as applied by section 25B. ”.

I55

The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the Order is amended as follows—

a

after paragraph (e) in the list of sections conferring functions which are not transferred by the Order there is inserted—

f

functions exercisable by the Secretary of State in pursuance of sub-paragraph (bb) of the definition of “the relevant Minister” in paragraph 1(5) of Schedule 4;

g

the function of the Secretary of State under section 16A(5)(a);

b

after paragraph (e) of the list of functions which are transferred not in relation to Wales but in the manner specified there is inserted—

ea

functions under section 18A are transferred to the Assembly in relation to the local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or the greater part of which is in Wales;

I1I6I9I14I18I21I25I28I37I32I396

Subject to subsections (1) to (5), the references in Schedule 1 to the Order to—

a

the WIA generally and to specific sections of or Schedules to the WIA,

b

the WRA generally and to specific sections of or Schedules to the WRA,

c

the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990 (c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act 1995 (c. 25) generally and (where applicable) to specific sections of or Schedules to those Acts, and

d

any other Act generally and (where applicable) to specific sections of or Schedules to those Acts,

are to be treated as referring to those Acts (or those sections or Schedules) as amended by this Act.

I2I7I9I15I19I22I26I29I38I33I397

Subsection (6), and the amendments made by subsections (1) to (5), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (6) or the provisions amended by subsections (1) to (5).