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Statutory Instruments

2014 No. 3320 (C. 155)

Water Industry, England And Wales

Insurance

The Water Act 2014 (Commencement No. 2 and Transitional Provisions) Order 2014

Made

15th December 2014

The Secretary of State makes the following Order, in exercise of the powers conferred by sections 91(1) and 94(3) and (6) of, and Schedule 12 to, the Water Act 2014(1).

Citation and interpretationI1

1.—(1) This Order may be cited as the Water Act 2014 (Commencement No. 2 and Transitional Provisions) Order 2014.

(2) In this Order—

the 1991 Act” means the Water Industry Act 1991 ( 2 );

the 2014 Act” means the Water Act 2014 .

Provisions in Part 1 of the 2014 Act coming into force on 1st January 2015I2

2.—(1) Subject to article 3, the following provisions in Part 1 of the 2014 Act (water industry) come into force on 1st January 2015(3)—

(a)section 23 (general duty as regards undue preference in the provision of services) except so far as it relates to sewerage licensees in section 2(3)(ba)(ii) of the 1991 Act; and

(b)section 38 (guidance relating to rules about charges) except so far as it relates to sewerage licensees in section 144ZE(9)(e) of the 1991 Act.

(2) The following provisions in Part 1 of the 2014 Act come into force on 1st January 2015—

(a)section 29 (standards of performance: water supply) as follows—

(i)subsection (2) so far as it relates to the provision set out in paragraph (ii); and

(ii)subsection (5) except so far as it relates to section 38A(2A) of the 1991 Act;

(b)section 30 (standards of performance: sewerage) as follows—

(i)subsection (2) so far as it relates to the provision set out in paragraph (ii); and

(ii)subsection (5) except so far as it relates to section 95A(2A) of the 1991 Act;

(c)section 55 (modification of appointment and licence conditions);

(d)section 56 (further amendments) so far as it relates to the provisions set out in sub-paragraph (e); and

(e)in Schedule 7 (further amendments)

(i)paragraph 2 so far as it relates to the provisions set out in paragraphs (ii) to (v);

(ii)paragraph 97;

(iii)paragraph 120(1) so far as it relates to the provisions set out in paragraphs (iv) and (v);

(iv)paragraph 120(2)(b); and

(v)paragraph 120(3) so far as it relates to sections 8 and 86ZA of the 1991 Act(4).

Transitional provisionsI3

F13.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Until paragraph 5 of Schedule 2 to the 2014 Act comes into force so far as it relates to section 66E of the 1991 Act, the reference to rules under section 66E in section 144ZE(1)(a) of the 1991 Act (as inserted by section 38 of the 2014 Act) has effect as if section 66E of the 1991 Act as substituted is in force.

(3) In paragraph (1), “old water supply licensee” means a person who is the holder for the time being of an “old water supply licence” as defined in paragraph 11 of Schedule 11 to the 2014 Act( 5 ).

Provisions in Part 4 of the 2014 Act coming into force on 1st January 2015I4

4. The following provisions in Part 4 of the 2014 Act (flood insurance) come into force on 1st January 2015—

(a)section 64 (the Flood Reinsurance Scheme);

(b)section 65 (scheme administrator);

(c)section 66 (scheme funding);

(d)section 67 (scheme administration);

(e)section 68 (replacement of the scheme or administrator);

(f)section 69 (disclosure of HMRC council tax information) so far as it is not already in force;

(g)section 82 (interpretation) as follows—

(i)subsections (1) to (5); and

(ii)subsection (7) so far as it relates to subsection (5);

(h)section 83 (period of operation); and

(i)section 84 (regulations and orders).

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

15th December 2014

(1)

2014 c.21. The power in section 94(3) to appoint a day on which the remaining provisions of the 2014 Act come into force is vested in the “appropriate authority”. Section 94(6) provides that the appropriate authority is the Secretary of State except as stated in the table in Schedule 12.

(3)

The Secretary of State is the appropriate authority for the purposes of sections 23 and 38 in relation to wholly or mainly English undertakers.

(4)

Section 8 was amended by section 40(3) of the Competition and Service (Utilities) Act 1992 (c.43), section 36(2) of the Water Act 2003 (c.37) and section 13 of the 2014 Act. Section 86ZA was inserted by section 40(1) of the 2014 Act.

(5)

“Old water supply licence” is defined as “a water supply licence granted under old section 17A” (of the 1991 Act).

Status: There are currently no known outstanding effects for The Water Act 2014 (Commencement No. 2 and Transitional Provisions) Order 2014.
The Water Act 2014 (Commencement No. 2 and Transitional Provisions) Order 2014 (2014/3320)
Version from: 1 April 2016

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Art. 3(1) revoked (1.4.2016) by The Water Act 2014 (Commencement No. 6, Transitional Provisions and Savings) Order 2016 (S.I. 2016/465), Sch. 2 para. 6(a)
I1 Art. 1 in force at made date
I2 Art. 2 in force at made date
I3 Art. 3 in force at made date
I4 Art. 4 in force at made date
Defined Term Section/Article ID Scope of Application
old water supply licence art. 3. def_82e1ff7279
old water supply licensee art. 3. def_5ca4975baa
the 1991 Act art. 1. def_a572617cb7
the 2014 Act art. 1. def_b97ac1669e

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