The Water Services etc. (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006
S.S.I. 2006/167 · Made 22 March 2006
WATER INDUSTRY
Made 22nd March 2006
The Scottish Ministers, in exercise of the powers conferred by sections 34(2), 37(2) and 37(3) of the Water Services etc. (Scotland) Act 2005f1 and of all other powers enabling them in that behalf, hereby make the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and interpretation
- 2Appointed day
- 3Savings provisions
- Signature
- Schedule 1PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 1ST APRIL 2006
- Schedule 2PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 22ND APRIL 2006
- Explanatory note
1Citation and interpretation
This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006.
In this Order “the 2005 Act” means the Water Services etc. (Scotland) Act 2005.
2Appointed day
The provisions of the 2005 Act which are specified in column 1 of either Schedule 1 or Schedule 2 to this Order, the subject matter of which is described in column 2 of those Schedules shall, so far as not then in force, come into force on the day appointed in relation to that Schedule in the Table below; but where a particular purpose is specified in relation to any such provision in column 3 of those Schedules, that provision shall come into force on that day only for that purpose.
TABLE
| Schedule | Appointed Day |
|---|---|
| 1 | 1st April 2006 |
| 2 | 22nd April 2006 |
3Savings provisions
Notwithstanding the amendment of section 1 of the Sewerage (Scotland) Act 1968f1, by virtue of article 2 of, and Schedule 1 to, this Order, that section shall continue to have effect, on and after 1st April 2006, as it had effect immediately before that date in relation to the determination on and after that date of any question mentioned in subsection (4) of that section, arising from a decision made by Scottish Water before that date.
Notwithstanding the amendment of section 6 of the Water (Scotland) Act 1980f2 by virtue of article 2 of, and Schedule 1 to, this Order, that section shall continue to have effect, on and after 1st April 2006, as it had effect immediately before that date in relation to the determination on and after that date of any question mentioned in subsection (3) of that section, arising from a decision made by Scottish Water before that date.
Signature
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
22nd March 2006
Schedule 1PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 1ST APRIL 2006
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of 2005 Act | Subject Matter | Purpose |
| Section 3 | Customer Panels | |
| Section 23 | Determinations relating to provision of services | |
| Section 32 | Amendments to enactments | Only for the purpose of bringing into force the provisions of Schedule 5 of the 2005 Act specified in column 1 of this Table below |
| Schedule 5, paragraphs 7(3), 8(a) and 9(a) | Amendments to enactments |
Schedule 2PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 22ND APRIL 2006
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of 2005 Act | Subject Matter | Purpose |
| Section 26, apart from subsection (10) | Monitoring and enforcement of sewerage code | |
| Section 26(10) | Monitoring and enforcement of sewerage code | Only in relation to any sewerage nuisance to which the Sewerage Nuisance (Code of Practice)(Scotland) Order 2006f1 applies |
Explanatory note
(This note is not part of the Order)
Article 2 of, and Schedules 1 and 2 to, this Order bring into force further provisions of the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”) on 1st and 22nd April 2006.
Section 3 of the 2005 Act amends provisions in Part 1 of the Water Industry (Scotland) Act 2002 relating to the Water Customer Consultation Panels, customer representation and investigation of complaints by customers of Scottish Water.
Section 23 of the 2005 Act amends section 1 of the Sewerage (Scotland) Act 1968 and section 6 of the Water (Scotland) Act 1980, which make provision, respectively, for determining the costs of new connections to the public sewerage and water supply systems. This is to give the Water Industry Commission for Scotland responsibility for determining disputes concerning costs rather than the Scottish Ministers.
Section 26 of the 2005 Act makes provision for the monitoring and enforcement of any sewerage code made under section 25.
Article 3 makes savings provisions in consequence of the commencement of section 23 of the 2005 Act, to enable the Scottish Ministers to continue to determine disputes concerning the costs of new connections to the public sewerage and water supply systems arising before 1st April 2006.