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Section 37D Water resources management plans: supplementaryF1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Directions given under section 37A F2, 37AA or 37B above may be—

(a)

general directions applying to all water undertakers; or

(b)

directions applying only to one or more water undertakers specified in the directions,

and shall be given by an instrument in writing.

(2)

It shall be the duty of each water undertaker to whom directions apply to comply with the directions.

(3)

The duties of—

(a)

a water undertaker under sections 37A to 37C above and under this section; and

(b)

a F3water supply licensee under section 37C above,

shall be enforceable by the Secretary of State under section 18 above.

(F44)

The Minister may by order made by statutory instrument amend the period for the time being specified in section 37A(6)(c).

(5)

In subsection (4), “the Minister” means—

(a)

the Secretary of State, in relation to an order applying to water undertakers whose areas are wholly or mainly in England, and

(b)

the Welsh Ministers, in relation to an order applying to water undertakers whose areas are wholly or mainly in Wales.

(6)

A statutory instrument containing an order made by the Secretary of State under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

A statutory instrument containing an order made by the Welsh Ministers under subsection (4) is subject to annulment in pursuance of a resolution of the Assembly.

(8)

Subsection (9) applies in relation to a statutory instrument containing both—

(a)

an order made by the Secretary of State under subsection (4), and

(b)

an order made by the Welsh Ministers under subsection (4).

(9)

If in accordance with subsection (6) or (7) (negative resolution procedure)—

(a)

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing an order made by the Secretary of State be annulled, or

(b)

the Assembly resolves that an instrument containing an order made by the Welsh Ministers be annulled,

the instrument is to have no further effect and Her Majesty may by Order in Council revoke the instrument.

Annotations

Textual amendments

F1

Ss. 37A-37D inserted (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2006 for specified provisions and further purposes and 1.4.2007 otherwise) by Water Act 2003 (c. 37), ss. 62, 105(3); S.I. 2004/2528, art. 2(j) (with art. 4); S.I. 2005/2714, art. 2(i) (with Sch. paras. 6, 8); S.I. 2006/984, art. 2(q) (with art. 3, Sch.); S.I. 2007/1021, art. 2(a)

F2

Word in s. 37D(1) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 27(4), 94(2)(g)

F3

Words in s. 37D(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 49; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F4

S. 37D(4)-(9) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 28(3), 94(2)(g)

Modifications

C1

Ss. 37A-37D modified (1.10.2004 for specified purposes and 1.10.2005 for further specified purposes and 1.4.2007 otherwise) by S.I. 1999/672, Sch. 2 (as amended by Water Act 2003 (c. 37), ss. 100(3)(7), 105(3); S.I. 2004/2528, art. 2(s) (with savings in art. 4); S.I. 2005/2714, art. 2(k) (with Sch. 2 para. 8); S.I. 2007/1021, art. 2(c)

Notes on Part III

Modifications

C1

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C3

Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5

Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Notes on Chapter I

Textual amendments

F1

Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)