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(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.”, | |
(j) in the paragraph relating to Article 2(c), at the end there is inserted “or | 5 |
any licensed water supplier using the supply system of any such water | |
undertaker.”. | |
(3) 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 | 10 |
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 | 15 |
follows— | |
(a) 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 | 20 |
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— | |
(i) “section 27A and (so far as it relates to section 27A) Schedule 6,” | |
(ii) “section 33A,” | 25 |
(iii) “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.”. | |
(5) The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the | 30 |
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 | 35 |
“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 | 40 |
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 | 45 |
of which is in Wales;”. | |
(6) 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, | |
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(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 generally and (where applicable) to specific sections of or | |
Schedules to those Acts, and | 5 |
(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. | |
(7) Subsection (6), and the amendments made by subsections (1) to (5), do not | 10 |
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). | |
102 Minor and consequential amendments and repeals | |
(1) Schedules 7 and 8, which make minor amendments and amendments | 15 |
consequential on the provisions of this Act, have effect. | |
(2) The enactments and instrument mentioned in Schedule 9 are repealed or | |
revoked to the extent specified. | |
103 Specific transitional and transitory provisions | |
(1) Subject to subsection (2), each licence to abstract water under Chapter 2 of Part | 20 |
2 of the WRA which is in force immediately before the coming into force of | |
section 3 of this Act shall, after the coming into force of that section, be treated | |
as a full licence within the meaning of that Act. | |
(2) If— | |
(a) immediately before the coming into force of section 8 of this Act, a | 25 |
person is the holder of a licence under Chapter 2 of Part 2 of the WRA | |
to abstract water, and | |
(b) upon the coming into force of that section an abstraction authorised by | |
the licence becomes an abstraction to which the restriction on | |
abstraction does not apply, | 30 |
the licence shall cease to have effect (so far as it applies to that abstraction) | |
upon the coming into force of that section. | |
(3) Subject to subsection (4), the person who was the holder of a full licence which | |
ceases (or ceases in part) to have effect by virtue of subsection (2), and who had | |
been taken in consequence of that licence (or that part of the licence) to have a | 35 |
right to abstract water by virtue of section 48(1) of the WRA, shall be taken to | |
continue to have that right for the purposes of Chapter 2 of Part 2 of the WRA. | |
(4) A person shall cease to be taken to continue to have the right mentioned in | |
subsection (3), for the purposes mentioned there, if during a period of— | |
(a) four years, or | 40 |
(b) if the abstractions authorised under the licence (or relevant part of the | |
licence) were abstractions planned to be carried out at intervals of more | |
than four years, or for emergency purposes only, such longer period as | |
the Agency may determine on the application of the person, | |
he does not carry out any such abstraction as would have been authorised by | 45 |
the licence (or relevant part of the licence) if it had still been in force. | |
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(5) Where, immediately after the coming into force of any provision of this Act, an | |
abstraction of water to which the restriction on abstraction did not apply | |
becomes one to which the restriction on abstraction does apply, nothing in— | |
(a) section 39(1), 42(4) or 44(4) of the WRA (which relate to protected | |
rights), or | 5 |
(b) any other enactment specified in regulations made by the Secretary of | |
State, | |
prevents the Agency from granting a licence under Chapter 2 of Part 2 of the | |
WRA in respect of that abstraction, or the Secretary of State from giving the | |
Agency a direction to do so. | 10 |
(6) In subsections (2)(b) and (6), “the restriction on abstraction” has the meaning | |
given by section 72(1) of the WRA. | |
104 Powers to make further supplementary, consequential and transitional | |
provision, etc | |
(1) The Secretary of State may by regulations make— | 15 |
(a) such supplementary, incidental or consequential provision, or | |
(b) such transitory, transitional or saving provision, | |
as he considers necessary or expedient for the purposes of, in consequence of, | |
or for giving full effect to any provision of this Act. | |
(2) The provision which may be made under subsection (1) includes provision— | 20 |
(a) amending or repealing any enactment, instrument or document, | |
(b) conferring functions, powers or duties on any person. | |
(3) The provision which may be made under subsection (1) also includes, in | |
particular, provision for or in relation to the payment by the Environment | |
Agency of compensation to any person who— | 25 |
(a) before the coming into force of any provision of this Act was not | |
required by or by virtue of the WRA to have a licence under Chapter 2 | |
of Part 2 of the WRA in respect of any abstraction, | |
(b) following the coming into force of any provision of this Act does | |
require such a licence in respect of that abstraction, and | 30 |
(c) has suffered loss or damage as a result of his having been— | |
(i) refused such a licence in respect of that abstraction, or | |
(ii) granted such a licence, but in respect of an abstraction of more | |
limited extent than that of the abstraction he was carrying out | |
before the coming into force of the provision in question, | 35 |
or who is a person who falls within subsection (4). | |
(4) A person falls within this subsection if he satisfies the Environment Agency of | |
the following— | |
(a) that the nature of his operations, or proposed operations, requires him | |
to make plans about the abstraction of water, | 40 |
(b) that before the coming into force of any provision of this Act he would | |
not have required a licence under Chapter 2 of Part 2 of the WRA in | |
respect of any such abstraction for which he had reasonably planned | |
(or, if there has already been such an abstraction, he did not require | |
such a licence in respect of it), | 45 |
(c) that following the coming into force of any such provision he does | |
require such a licence in respect of it, and | |
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(d) that he has suffered loss or damage as a result of his having been— | |
(i) refused a licence under Chapter 2 of Part 2 of the WRA in | |
respect of that abstraction, or | |
(ii) granted such a licence, but in respect of an abstraction of more | |
limited extent than he had reasonably applied for, | 5 |
and he applies for compensation before any deadline provided for in the | |
regulations under subsection (1). | |
(5) The provision which may be made under subsection (1) also includes, in | |
particular, provision for or in relation to the payment by the Water Services | |
Regulation Authority of compensation to any person who— | 10 |
(a) before 31st July 2002 was carrying on any activities in respect of the | |
supply of water, | |
(b) following the coming into force of any provision of this Act— | |
(i) is unable to continue to carry on those activities as a result of | |
their having been prohibited, | 15 |
(ii) is unable to continue to carry on those activities as a result of a | |
licence under Chapter 1A of Part 2 of the WIA having been | |
required in respect of them and his not having applied for, or | |
his having been refused, a licence, or | |
(iii) is unable to continue to carry on those activities in the same | 20 |
manner as a result of his having been granted a licence the effect | |
of which is to restrict the carrying on of the activities, and | |
(c) has suffered loss or damage as a result of— | |
(i) those activities having been prohibited, | |
(ii) a licence not having been granted, or | 25 |
(iii) those activities having been restricted. | |
(6) Where regulations made under subsection (1) include provision for the | |
discharge by the Director General of Water Services instead of the Water | |
Services Regulation Authority of any functions conferred on the Authority by | |
or by virtue of any provision of this Act, then, for the purposes of Schedule 3, | 30 |
any such function shall be treated as if it had been the subject of a transfer | |
under section 39 when the provision in the regulations ceased to apply. | |
(7) The power to make regulations under this section is also exercisable by the | |
Assembly, in relation to provision dealing with matters with respect to which | |
functions are exercisable by the Assembly. | 35 |
(8) Nothing in this Act shall be read as affecting the generality of subsection (1). | |
105 Regulations and orders | |
(1) Any power under this Act to make any order or regulations is exercisable by | |
statutory instrument. | |
(2) A statutory instrument containing an order or regulations— | 40 |
(a) made by the Secretary of State under any provision of this Act except | |
section 12 (but including section 106), and | |
(b) which contains (or contain) provision amending or repealing any | |
enactment, | |
shall not be made unless a draft of the instrument has been laid before, and | 45 |
approved by a resolution of, each House of Parliament. | |
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(3) Otherwise, a statutory instrument containing any order or regulations made by | |
the Secretary of State under this Act, other than an order under section 106, | |
shall be subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
(4) Any power under this Act to make any order or regulations may be | 5 |
exercised— | |
(a) either in relation to all cases to which the power extends, or in relation | |
to those cases subject to specified exceptions, or in relation to any | |
specified cases or classes of case, | |
(b) so as to make, as respects the cases in relation to which it is exercised— | 10 |
(i) the full provision to which the power extends or any less | |
provision (whether by way of exception or otherwise), | |
(ii) the same provision for all cases in relation to which the power | |
is exercised, or different provision for different cases or | |
different classes of case or different provision as respects the | 15 |
same case or class of case for different purposes of this Act, | |
(iii) any such provision either unconditionally or subject to any | |
specified condition. | |
(5) Where any such power is expressed to be exercisable for alternative purposes | |
it may be exercised in relation to the same case for all or any of those purposes. | 20 |
(6) Any such power includes power— | |
(a) to make such incidental, supplementary, consequential, saving or | |
transitional provision (including provision amending, repealing or | |
revoking enactments or provisions of subordinate legislation) as the | |
authority making the order or regulations considers to be expedient, | 25 |
and | |
(b) to provide for a person to exercise a discretion in dealing with any | |
matter. | |
(7) In subsection (6)(a), “subordinate legislation” has the meaning given by the | |
Interpretation Act 1978 (c. 30). | 30 |
(8) Nothing in this Act shall be read as affecting the generality of subsection (6). | |
106 Interpretation, commencement, short title, and extent | |
(1) This Act may be cited as the Water Act 2003. | |
(2) In this Act— | |
(a) the “WIA” means the Water Industry Act 1991 (c. 56), | 35 |
(b) the “WRA” means the Water Resources Act 1991 (c. 57), | |
(c) “the Assembly” means the National Assembly for Wales. | |
(3) Apart from this section and sections 103 to 105, this Act comes into force on | |
such day as the Secretary of State may by order appoint. | |
(4) Different days may be appointed for different provisions and for different | 40 |
purposes. | |
(5) Subject to the following provisions of this section, this Act extends to England | |
and Wales only. | |
(6) The following provisions extend also to Scotland— | |
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