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The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 in Wales

S.I. 2005/3172 · Made 10 November 2005 · Extends to United Kingdom

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CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

WATER SUPPLY

Made 10th November 2005

Coming into force 11th November 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 104, 112(1) and 113 of the Scotland Act 1998f1, makes the following Order;

In accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation, commencement and extent
  2. 11Modifications
  3. Signature
  4. Schedule
  5. Part 1: MODIFICATIONS OF PUBLIC GENERAL ACTS
  6. The House of Commons Disqualification Act 1975 (c. 24)
  7. 1Paragraph 1
  8. The Race Relations Act 1976 (c. 74)
  9. 2Paragraph 2 Repealed
  10. The Competition Act 1998 (c. 41)
  11. 3Paragraph 3
  12. The Utilities Act 2000 (c. 27)
  13. 4Paragraph 4
  14. Part 2: MODIFICATION OF SUBORDINATE LEGISLATION
  15. The Public Interest Disclosure (Prescribed Persons) Order 1999
  16. 5Paragraph 5
  17. Explanatory note

1Citation, commencement and extentI1

(1)

This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 and shall come into force on the day after the day on which it is made.

(2)

Articles 2 to 10 extend to Scotland only.

(3)

The modifications specified in the Schedule have the same extent as the provisions being amended or repealed.

11ModificationsI1

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

Signature

DAVID CAIRNS

Parliamentary Under Secretary of State, Scotland Office,

Department for Constitutional Affairs

Dover House, London

10th November 2005

1I1

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

  • “The Water Industry Commission for Scotland.”.

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3I1

In the Competition Act 1998–

(a)

in paragraph 19A(9) of Schedule 7 (performance of the Commission’s general functions: procedure)f1, in the definition of “special reference group”–

(i)

the “or” at the end of paragraph (n) is omitted; and

(ii)

after paragraph (o) there is added–

“; or

(p)

article 3 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”; and

(b)

in paragraph 1 of Schedule 7A (the Competition Commission: procedural rules for mergers and market references etc.)f2, in the definition of “special investigation”, for “, (n) and (o)” substitute “and (n) to (p)”.

4I1

In section 104(1) of the Utilities Act 2000 (appointment of members of the Competition Commission)f1–

(a)

the “or” at the end of paragraph (b) is omitted, and

(b)

after paragraph (c) there is added–

“; or

(d)

article 3 or 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”.

5I1

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1, there is inserted in the appropriate place the following entry–

“

The Water Industry Commission for ScotlandThe supply of water and the provision of sewerage services.
The Convener of the Water Customer Consultation Panels and any member of those PanelsThe supply of water and the provision of sewerage services.

”.

Explanatory note

(This note is not part of the Order)

This Order makes provisions and modifications in consequence of the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”).

The Order provides for a right of reference for Scottish Water, enabling it to require the Water Industry Commission for Scotland (“the WIC”) to refer its determination of Scottish Water’s charges under the Water Industry (Scotland) Act 2002 to the Competition Commission (“the Commission”). The Order also provides for a right of reference to the Commission for water and sewerage services providers against the conditions of their licences granted under the 2005 Act, or against any modification of those conditions. The Order also modifies enactments as a consequence of the creation of the WIC in the 2005 Act, and to reflect the functions of the Commission in considering a reference under this Order.

Article 3 provides for the WIC to refer licence conditions, or the modification of such conditions, or a determination or a revised determination of Scottish Water’s charges to the Commission, and provides for the terms in which a reference is to be framed. Article 4 sets out the time limits within which the Commission’s report on a reference is to be made. Article 5 provides the Commission with powers of investigation in relation to references, by applying provisions in the Enterprise Act 2002, subject to the modifications specified in the article. Article 6 places a duty on the Commission to consult on the conclusions it proposes to include in its report on a reference.

Article 7 requires the Commission to report to the WIC on a reference and requires the WIC to publish it. The Commission and WIC are obliged to consider any issues of public interest, or commercial or personal sensitivity which may arise.

Article 8 enables the WIC to propose modifications of a water services licence or a sewerage service licence, or a determination or a revised determination of Scottish Water’s charges in consequence of the Commission’s report. Article 9 enables the Commission to veto the modifications proposed by the WIC and to replace these in whole or in part with its own modifications. Article 10 obliges the Commission to consider any issues of public interest, or commercial or personal sensitivity before publishing modifications made under article 9. Article 10 also provides the Commission with powers of investigation for the purposes of article 9.

Article 11 and the Schedule provide for the modification of primary and subordinate legislation. The modifications either insert references to the WIC or the Convener and any member of the Water Customer Consultation Panels or refer to the powers of the Commission to consider references under this Order.