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The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004

S.I. 2004/1822 · Made 13 July 2004

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CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

WATER SUPPLY

Made 13th July 2004

Coming into force 14th July 2004

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998f1;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 104, 112(1) and 113 of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation, commencement and extent
  2. 2Modifications
  3. Signature
  4. Schedule
  5. Part 1: MODIFICATIONS OF PUBLIC GENERAL ACTS
  6. Opencast Coal Act 1958 (c. 69)
  7. 1Paragraph 1
  8. Transport Act 1962 (c. 46)
  9. 2Paragraph 2
  10. Pipe-lines Act 1962 (c. 58)
  11. 3Paragraph 3
  12. Gas Act 1965 (c. 36)
  13. 4Paragraph 4
  14. Nuclear Installations Act 1965 (c. 57)
  15. 5Paragraph 5
  16. Sewerage (Scotland) Act 1968 (c. 47)
  17. 6Paragraph 6
  18. Transport Act 1968 (c. 73)
  19. 7Paragraph 7
  20. Health and Safety at Work etc. Act 1974 (c. 37)
  21. 8Paragraph 8
  22. House of Commons Disqualification Act 1975 (c. 24)
  23. 9Paragraph 9
  24. Competition Act 1980 (c. 21)
  25. 10Paragraph 10
  26. Civil Aviation Act 1982 (c. 16)
  27. 11Paragraph 11
  28. Telecommunications Act 1984 (c. 12)
  29. 12Paragraph 12
  30. Airports Act 1986 (c. 31)
  31. 13Paragraph 13
  32. Insolvency Act 1986 (c. 45)
  33. 14Paragraph 14
  34. Electricity Act 1989 (c. 29)
  35. 15Paragraph 15
  36. Social Security Administration Act 1992 (c. 5)
  37. 16Paragraph 16
  38. Radioactive Substances Act 1993 (c. 12)
  39. 17Paragraph 17
  40. Employment Rights Act 1996 (c. 18)
  41. 18Paragraph 18
  42. Social Security Fraud Act 2001 (c. 11)
  43. 19Paragraph 19
  44. Part 2: MODIFICATION OF SUBORDINATE LEGISLATION
  45. Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665)
  46. 20Paragraph 20
  47. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 and shall come into force on the day after the day on which it is made.

(2)

Subject to paragraph (3) below, the modifications specified in the Schedule to this Order have the same extent as the provision being amended or repealed.

(3)

The modifications specified in paragraphs 2, 3, 4, 7, 8, 11, 12, 13 and 15 of the Schedule to this Order extend to Scotland only.

2Modifications

The modifications specified in Parts 1 and 2 of the Schedule to this Order shall have effect.

Signature

ANNE C McGUIRE

Parliamentary Under Secretary of State

Scotland Office, Department for Constitutional Affairs Dover House, London

13th July 2004

1

In section 7(8) of the Opencast Coal Act 1958 (definitions etc. for the purposes of section 7)f1, in the definition of “statutory water undertakers”, in paragraph (ii), for the words from “a water authority” to the end substitute “Scottish Water”.

2

In section 63 of the Transport Act 1962 (abstraction of water by British Waterways Board) f1–

(a)

in subsection (7), for paragraph (d), substitute–

“(d)

Scottish Water.”; and

(b)

in subsection (14), the definition of “local water authority” is repealed.

3

(1)

The Pipe-lines Act 1962 is amended as follows.

(2)

In section 37 (fire brigades, police etc. to be notified of certain pipe-line accidents and to be furnished with information)f1–

(a)

in subsection (1), in paragraph (b)–

(i)

after “authorities” in the first place where it occurs omit the comma and substitute “and”; and

(ii)

the words “and local water authorities” are repealed;

(b)

in subsection (1), for paragraph (c) substitute–

“(c)

if Scottish Water will or may have, in consequence of the happening of the event, to take steps to–

(i)

prevent or combat pollution of water or flooding; or

(ii)

prevent injury to its sewers or sewage disposal works, interference with the free flow of the contents of any of its sewers or the prejudicial affection of the treatment and disposal of such contents or to combat the effects of any such injury, interference or affection,

to that body;”;

(c)

in subsection (2), in paragraph (b)–

(i)

after “authority” in the first place where it occurs insert “or”; and

(ii)

the words “or local water authority” are repealed;

(d)

in subsection (2), in paragraph (c)–

(i)

for “a sewerage authority” substitute “Scottish Water”;

(ii)

for “them” substitute “it”;

(iii)

for “either” substitute “any”; and

(iv)

for “paragraph” substitute “paragraphs (b) or”; and

(e)

in subsection (4), paragraph (c) is repealed.

(3)

In section 44 (protection of water against pollution)–

(a)

for “local water authority” substitute “Scottish Water”; and

(b)

after “they” insert “or it”.

(4)

In section 66(1) (general interpretation provisions)f2, the definition of “local water authority” is repealed.

4

(1)

The Gas Act 1965 is amended as follows.

(2)

In section 15(11)(b) (responsibility of public gas transporter for interference with supplies of water)f1, for “a local water authority” substitute “Scottish Water”.

(3)

In section 17(5) (accidents)f2–

(a)

in paragraph (a), the words “, local water authority” are repealed; and

(b)

after paragraph (a), insert–

“(zaa)

if it appears to them that Scottish Water will or may have duties to discharge, or will or may have to take precautionary or preventative action, in any such event, for that body,”.

(4)

In section 28(1) (interpretation of Part II)f3–

(a)

in the definition of “limits of supply”, for the words “any local water authority” substitute “Scottish Water”; and

(b)

the definition of “local water authority” is repealed.

(5)

In Schedule 2 (storage authorisation orders)f4, in Part 4 (general application of Schedule to Scotland), in paragraph 17(a), for “local water authorities” substitute “Scottish Water”.

(6)

In Schedule 4 (compulsory purchases)f5–

(a)

in paragraph 5(1)–

(i)

for “persons” substitute “person”;

(ii)

for “are statutory water undertakers” substitute “is Scottish Water”;

(iii)

for “the statutory water undertakers” substitute “Scottish Water”; and

(iv)

before “them” in both places where it occurs insert “it or”;

(b)

in paragraph 5(2)–

(i)

for “persons” in the first place where it occurs substitute “person”;

(ii)

for “are not statutory water undertakers” substitute “is not Scottish Water”; and

(iii)

for “those persons” substitute “that person”; and

(c)

paragraph 9(c) is repealed.

(7)

In Schedule 6 (power to enter on land and to prospect and survey)–

(a)

in paragraph 2(3)f6–

(i)

for “a sewerage authority” in both places where it occurs substitute “Scottish Water”; and

(ii)

for “functions” substitute “core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3)”;

(b)

in paragraph 2(4)f7–

(i)

for “statutory water undertakers” substitute “Scottish Water”; and

(ii)

for “the undertakers” substitute “Scottish Water”; and

(c)

in paragraph 11f8, heads (b) and (c) are repealed.

5

In section 3(3)(c) of the Nuclear Installations Act 1965 (grant and variation of nuclear site licences)f1, for the words from “any local water authority” to the end substitute “Scottish Water;”.

6

In section 37B of the Sewerage (Scotland) Act 1968 (exclusion from register of information affecting national security)f1–

(a)

in subsection (2), for “a sewerage authority” substitute “Scottish Water”;

(b)

in subsection (3)–

(i)

for “The sewerage authority” substitute “Scottish Water”; and

(ii)

for “they exclude” substitute “it excludes”; and

(c)

in subsection (4), for “the sewerage authority” substitute “Scottish Water”.

7

(1)

The Transport Act 1968 is amended as follows.

(2)

In section 109 (power of certain bodies to maintain or take over waterways and connected works)f1–

(a)

in subsection (2)–

(i)

for paragraph (b) substitute–

“(b)

Scottish Water;”; and

(ii)

paragraph (j) is repealed;

(b)

in subsection (3)–

(i)

in paragraph (b), for the words from “any” to “1963)” substitute “Scottish Water unless the Scottish Ministers”; and

(ii)

after “undertakers or of” insert occurs insert “Scottish Water or of”; and

(c)

in subsection (5), the words “or (b)(i)”and “, in the case of a local authority,” are repealed.

(3)

In section 112 (power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Waterways Board)f2–

(a)

in subsection (2), for the words “any local authority or water” substitute “Scottish Water or any local”; and

(b)

in subsection (3)(a), for the words “a water authority” substitute “Scottish Water”.

(4)

In section 113(5) (byelaws in respect of waterways owned or managed by certain bodies)f3, in the definition of “relevant authority” for the words from “any” in the second place where it occurs to “order)” substitute “, except where applying for the order, Scottish Water or any local authority”.

(5)

In paragraph 5(2)(a) of Schedule 13 (publication of proposed orders and consideration of objections)f4, for “a water authority” substitute “Scottish Water”.

8

In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information)f1–

(a)

in subsection (3)(c)(ii)–

(i)

for “, sewerage authority or water authority” substitute “or Scottish Water”; and

(ii)

for “that authority” substitute “that undertaker or, as the case may be, Scottish Water”; and

(b)

in subsection (5)(b)–

(i)

for “, a sewerage undertaker, a sewerage authority or a water authority” substitute “or a sewerage undertaker or to an officer of Scottish Water,”; and

(ii)

for “body” in the second place where it occurs insert “authority, undertaker or, as the case may be, Scottish Water”.

9

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)f1–

(a)

the entry “The Scottish Water and Sewerage Customers Council or any committee established by that council under paragraph 10(1) of Schedule 9 to the Local Government etc. (Scotland) Act 1994” is repealed; and

(b)

insert at the appropriate places the following entries–

  • “Scottish Water.”;

  • “A Water Customer Consultation Panel.”.

10

In section 11(3) of the Competition Act 1980 (references of public bodies and certain other persons to the Commission)f1, after paragraph (c) insert–

“(ca)

Scottish Water;”.

11

In Schedule 2 to the Civil Aviation Act 1982 (application of enactments relating to statutory undertakers etc.), in paragraph 3(2)(b), for the words from “a” to the end substitute “Scottish Water.”.

12

In section 98(9) of the Telecommunications Act 1984 (use of certain conduits for telecommunication purposes)f1–

(a)

in the definition of “public sewer”, in paragraph (b), for “a sewerage authority” substitute “Scottish Water”;

(b)

the definition of “sewerage authority” is repealed; and

(c)

in the definition of “water authority”, in paragraph (b), for the words from “shall” to “1994” substitute “means Scottish Water”.

13

In Schedule 2 to the Airport Act 1986 (application of enactments relating to statutory undertakers etc.), in paragraph 3(2)(b), for the words from “a” to the end substitute “Scottish Water”.

14

In section 233 of the Insolvency Act 1986 (supplies of gas, water, electricity etc.)f1–

(a)

in subsection (3)(c), for “a water authority” substitute “Scottish Water”; and

(b)

in subsection (5), paragraph (c) is repealed.

15

In Schedule 5 to the Electricity Act 1989 (water rights for hydro electric generating stations in Scotland)f1–

(a)

in paragraph 8–

(i)

in head (a), sub-head (i) is repealed; and

(ii)

after that head insert–

“(aa)

along with a copy of the draft order, on Scottish Water;”;

(b)

in paragraph 9, the words “naming the water authority affected by the proposed order,” are repealed;

(c)

in paragraph 12, after “from” in the second place where it occurs insert “Scottish Water or”; and

(d)

paragraph 14 is repealed.

16

In section 109B of the Social Security Administration Act 1992 (power to require information)f1–

(a)

in subsection (2A)(g)f2, for the words from “any” in the second place where it occurs to the end substitute “Scottish Water or any local authority which is to collect charges by virtue of an order under section 37 of the Water Industry (Scotland) Act 2002 (asp 3);”; and

(b)

in subsection (2D)(a)f3, for the words from “any” to the end substitute “Scottish Water,”.

17

In section 47(1) of the Radioactive Substances Act 1993 (general interpretation provisions)f1, in the definition of “relevant water body”, in paragraph (b), for “a water and sewerage authority established by section 62 of the Local Government etc. (Scotland) Act 1994” substitute “Scottish Water”.

18

In section 50(2) of the Employment Rights Act 1996 (right to time off for public duties)f1, for paragraph (h) substitute–

“(h)

Scottish Water or a Water Customer Consultation Panel,”.

19

In section 4(1)(c) of the Social Security Fraud Act 2001 (arrangements for payments in respect of information)–

(a)

for the words from “a” in the second place where it occurs to “1994 (c. 39)” substitute “Scottish Water”; and

(b)

for “authority” in the second place where it occurs substitute “that body”.

20

In Schedule 3, in Part 4 to the Electricity Safety, Quality and Continuity Regulations 2002 (notification of specified events), in paragraph 4(a)(i) for “(in Scotland, a water and sewerage authority)” substitute “(in Scotland, Scottish Water)”.

Explanatory note

(This note is not part of the Order)

This Order makes provision in consequence of the Water Industry (Scotland) Act 2002 (asp 3). Section 20 of that Act created Scottish Water, which took over the functions previously exercisable by the water and sewerage authorities (the former East, North and West of Scotland Water Authorities).

Article 2 provides for the modifications of the enactments specified in the Schedule to this Order. In the Schedule, modifications of public general enactments are in Part 1 and the modification of subordinate legislation is in Part 2.

The effect of the modifications is to remove references to the old water and sewerage authorities and the Scottish Water and Sewerage Customers Council and to insert references to Scottish Water and a Water Customers Consultation Panel in the enactments and subordinate legislation specified.