Citation and interpretation

1. —(1) This Order may be cited as the Water Act 2014 (Commencement No. 5 and Transitional Provisions) Order 2015.

(2) In this Order—

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

“the 2014 Act” means the Water Act 2014.

Provisions of the 2014 Act coming into force on 18th December 2015

2. The following provisions of the 2014 Act come into force on 18th December 2015—

(a) section 6 (arrangements with the Water Industry Commission for Scotland) as follows—

(i) subsection (1) so far as it relates to sub-paragraph (ii); and

(ii) subsection (2) so far as it inserts section 17FA into the 1991 Act;

(b) section 10 (agreements by water undertakers to adopt infrastructure)( 3 ) as follows—

(i) subsection (1) so far as it relates to sub-paragraph (ii); and

(ii) subsection (3) so far as it inserts sections 51CD to 51CG into the 1991 Act;

(c) section 11 (agreements by sewerage undertakers to adopt infrastructure)( 4 ) as follows—

(i) subsection (1) so far as it relates to sub-paragraph (ii); and

(ii) subsection (3) so far as it inserts sections 105ZF to 105ZI into the 1991 Act;

(d) section 14 (exceptions to duty and undertakings in lieu of merger references), so far as not already in force;

(e) section 22 (primary duty to secure resilience)( 5 ), so far as not already in force;

(f) section 56 (further amendments) so far as it relates to paragraph (g); and

(g) in Schedule 7 (further amendments)—

(i) paragraph 3(8)(b) so far as it relates to sections 51CD to 51CG and 105ZF to 105ZI of the 1991 Act;

(ii) paragraphs 2 and 3(1), (2) and (8)(a) and (c) so far as they relate to sub-paragraph (i);

(iii) paragraph 147; and

(iv) paragraph 143 so far as it relates to sub-paragraph (iii).

Provisions of the 2014 Act coming into force on 1st January 2016

3. The following provisions of the 2014 Act come into force on 1st January 2016—

(a) section 1 (types of water supply licence and arrangements with water undertakers) as follows—

(i) subsection (1) so far as it substitutes section 17A(2) to (6) of the 1991 Act( 6 ); and

(ii) subsection (2);

(b) section 4 (types of sewerage licence and arrangements with sewerage undertakers) as follows—

(i) subsection (1) so far as it inserts section 17BA(2) to (5) into the 1991 Act; and

(ii) subsection (2);

(c) section 56 so far as it relates to paragraph (f);

(d) Schedule 1 (water supply licences: authorisations);

(e) Schedule 3 (sewerage licences: authorisations); and

(f) in Schedule 7—

(i) paragraph 11;

(ii) paragraph 12(2);

(iii) paragraph 12(1) so far as it relates to sub-paragraph (ii);

(iv) paragraph 13;

(v) paragraph 15(3), (4)(a), (c) and (d) and (5);

(vi) paragraph 15(1) so far as it relates to sub-paragraph (v);

(vii) paragraphs 16 to 18; and

(viii) paragraph 2 so far as it relates to sub-paragraphs (i) to (vii).

Transitional provisions

4. —(1) Despite the commencement of section 1 of the 2014 Act in relation to section 17A(5) of the 1991 Act, the general authorisation given by the Secretary of State to the Authority under section 17A(1) of the 1991 Act continues to have effect in relation to an old water supply licence, until the old water supply licence has been withdrawn or replaced with a new water supply licence.

(2) Until section 1 of the 2014 Act comes into force to the extent that it substitutes section 17A(1) of the 1991 Act, section 17A(2) to (6) of the 1991 Act continues to have effect in relation to an old water supply licence as it was prior to being substituted by the 2014 Act.

(3) Guidance issued by the Authority under section 17D(3) of the 1991 Act( 7 ) on estimates of the quantity of water to be supplied to any premises applies to a new water supply licensee so far as its licence relates to the use of the supply system of a wholly or mainly Welsh undertaker as it currently applies to an old water supply licensee.

(4) Guidance issued by the Authority under section 17A(9) of the 1991 Act (prior to that section being substituted by the 2014 Act) on the factors to be taken into account in determining the extent of any premises for the purposes of section 17A(3) of the 1991 Act has effect as if it was published under paragraph 10 of Schedule 2A and paragraph 4 of Schedule 2B to the 1991 Act.

(5) In this article—

“the Authority” means the Water Services Regulation Authority( 8 );

“new water supply licence” has the meaning given in paragraph 11 of Schedule 11 to the 2014 Act( 9 );

“new water supply licensee” means a person who is the holder for the time being of a new water supply licence;

“old water supply licence” has the meaning given in paragraph 11 of Schedule 11 to the 2014 Act( 10 );

“old water supply licensee” means a person who is the holder for the time being of an old water supply licence.