Statutory Instruments
2003 No. 1788
WATER, ENGLAND AND WALES
The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003
Made
15th July 2003
Laid before Parliament
16th July 2003
Coming into force
11th August 2003
The Secretary of State as respects England and the National Assembly for Wales as respects Wales, being designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in the case of the Secretary of State in relation to measures relating to the collection, treatment and discharge of urban waste water and the treatment and discharge of waste water from certain industrial sectors, and in the case of the National Assembly for Wales in relation to the designation and review of sensitive and less sensitive areas in respect of the collection, treatment and discharge of urban waste water and the treatment and discharge of waste water from certain industrial sectors, in exercise of the powers conferred on them by section 2(2) of that Act hereby make the following Regulations:
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
(2) In these Regulations—
“the principal Regulations” means the Urban Waste Water Treatment (England and Wales) Regulations 1994( 3 );
“the appropriate authority” means—
in relation to England, the Secretary of State; and
in relation to Wales, the National Assembly for Wales,
and other expressions used in the principal Regulations shall have the same meaning as in those Regulations.
Decisions taken on a review of sensitive areas or high natural dispersion areas
2. —(1) Where the appropriate authority decides on a review under regulation 3(2) of the principal Regulations( 4 )—
(a) that any area of water identified as a sensitive area or as a high natural dispersion area should no longer be identified as such; or
(b) that any area of water not previously identified as a sensitive area or as a high natural dispersion area should be identified as such,
the authority shall give notice in writing to the appropriate agency informing the appropriate agency of its decision and the date on which it takes effect.
(2) The appropriate authority shall before its decision takes effect—
(a) publish the notice mentioned in paragraph (1)—
(i) through its web-site;
(ii) if the notice relates to England, in the London Gazette; and
(iii) if the notice relates to Wales, in at least one daily newspaper circulating throughout that part of Wales to which the notice relates;
(b) ensure that revised maps are deposited with the appropriate agency —
(i) reflecting the authority’s decision; and
(ii) indicating the date on which the decision takes effect; and
(c) take such other steps as it considers appropriate to publicise its decision.
(3) A decision on a review under regulation 3(2) of the principal Regulations takes effect on the date stated in the appropriate authority’s notice under paragraph (1) and shall continue in force until a subsequent decision changing it following such a review takes effect.
Duty to maintain up to date information about sensitive areas and high natural dispersion areas
3. —(1) The appropriate authority and the appropriate agency shall each ensure that their web-site makes available to the public—
(a) maps of all areas of water currently identified as a sensitive area or as a high natural dispersion area; and
(b) the dates on which any area of water was identified as a sensitive area or high natural dispersion area, or ceased to be so identified.
(2) The appropriate agency shall keep available at its principal office and at each of its principal regional offices for inspection by the public at all reasonable times free of charge—
(a) the maps showing sensitive areas and high natural dispersion areas deposited with the appropriate agency for the purposes of regulation 2 of these Regulations (together with any maps previously deposited for the purposes of regulation 3 of the principal Regulations); and
(b) the information mentioned in paragraph (1)(b) in documentary form.
Consequential amendments
4. —(1) The principal Regulations are amended as follows.
(2) In regulation 3(1) at the beginning insert “Subject to regulation 2 of the Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003,”.
(3) Regulations 3(3) and 12(b) shall cease to have effect.
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
The Presiding Officer of the National Assembly
Signed by authority of the Secretary of State
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
S.I. 1992/1711 as respects the Secretary of State, and S.I. 2003/1246 as respects the National Assembly for Wales.
S.I. 1994/2841 as amended by paragraph 233 of Schedule 22 of the Environment Act 1995 (c. 25) .
The function of the Secretary of State under regulation 3(2) of the principal Regulations has been transferred in relation to Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 ) (see the entry in Schedule 1 for the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841 ).