The Water Services etc. (Scotland) Act 2005 (Commencement No. 1 and Savings) Order 2005

Made14th June 2005

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 20051 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation1

1

This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 1 and Savings) Order 2005.

2

In this Order–

“the 2002 Act” means the Water Industry (Scotland) Act 20022;
“the 2005 Act” means the Water Services etc. (Scotland) Act 2005;
“the Commissioner” means the Water Industry Commissioner for Scotland3; and
“the Commission” means the Water Industry Commission for Scotland.

Appointed days2

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	20th June 2005
2	1st July 2005

Savings provisions3

1

Notwithstanding the repeal of section 32 of the 2002 Act by virtue of article 2 and Schedule 2, any charges scheme made by Scottish Water and approved under that section shall continue to have effect, on and after 1st July 2005, as if approved by the Commission under section 29A of that Act4.

2

Notwithstanding the transfer of functions to the Commission by virtue of article 2 above, the following functions under the 2002 Act shall remain exercisable by or in relation to the Commissioner until that office is dissolved by an order under section 2 of the 2005 Act–

a

section 5 (annual reports by, and information from, the Commissioner), but only in relation to the financial year beginning 1st April 2005;

b

section 6 (funding of the Commissioner); and

c

schedule 1, paragraph 4 (accounts), but only in relation to the financial year beginning 1st April 2005.

3

Notwithstanding the amendment or repeal by virtue of article 2 and Schedule 2 of the enactments specified in paragraphs 5, 6, 8(b), 9(b) and 10 of schedule 5 to the 2005 Act, those enactments shall continue to apply to or in relation to the Commissioner until that office is dissolved by an order under section 2 of the 2005 Act.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh14th June 2005

SCHEDULE 1PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 20TH JUNE 2005

Article 2

Column 1	Column 2	Column 3
Provisions of the 2005 Act	Subject matter	Purpose
Section 1(1)	Water Industry Commission for Scotland	Only for the purpose of bringing into force the new section 1(1) of the 2002 Act
Section 1(4)	Water Industry Commission for Scotland	Only for the purpose of bringing into force the provisions of Schedule 1 to the extent specified in column 3 of this Table below
Section 4, apart from subsection (6)	Public water supply system: offences
Section 5, apart from subsection (6)	Public sewerage system: offences
Section 9	Fees relating to licences	Only for the purpose of any water services or sewerage services licence applied for or held by any undertaking established under section 13 of the 2005 Act
Sections 28 and 29	Meanings of “public water supply system” and “public sewerage system”
Section 30 (Part 3)	Coal mine water pollution
Section 31	Offences by bodies corporate and partnerships
Schedule 1	Water Industry Commission for Scotland	Only for the purposes of bringing into force paragraphs 1 to 7 of the new Schedule A1 to the 2002 Act
Schedule 4	Powers of entry under the Coal Industry Act 1994

SCHEDULE 2PROVISIONS OF THE 2005 ACT COMING INTO FORCE ON 1ST JULY 2005

Article 2

Column 1	Column 2	Column 3
Provisions of the 2005 Act	Subject matter	Purpose
Section 1	Water Industry Commission for Scotland
Section 2	Dissolution of office of Commissioner
Section 21, apart from subsections (4) and (5)	Scottish Water’s charges for water and sewerage services
Section 22	Scottish Water’s functions: powers of the Scottish Ministers
Section 24	Qualification of duty to provide services
Section 32	Amendments to enactments	Only for the purpose of bringing into force the provisions of Schedule 5 specified in column 1 of this Table below
Schedule 1	Water Industry Commission for Scotland
Schedule 3	Certain pre-existing agreements as to charges
Schedule 5, paragraphs 1 to 6; 7(1) to (2); 7(4); 7(6); 7(8) to (9); 8(b); 9(b) and 10	Amendments to enactments

(This note is not part of the Order)

This Order appoints 20th June and 1st July 2005 for the coming into force of certain of the provisions of the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”), as set out in Schedules 1 and 2 of this Order.

Article 2 provides that the provisions specified in the schedules to this Order, so far as not then in force, shall come into force on the corresponding appointed day specified in the Table within the article.

Article 3(1) makes provision to save Scottish Water’s charges schemes made under section 32 of the Water Industry (Scotland) Act 2002, (“the 2002 Act”), until a replacement scheme can be made under the new section 29A of the 2002 Act (as inserted by section 21(1) of the 2005 Act).

Articles 3(2) to (3) make savings provisions in consequence of the commencement of provisions in the 2005 Act establishing the new Water Industry Commission for Scotland (“the Commission”) which, among other things, takes over, as from 1st July 2005, functions previously exercised by the office of the Water Industry Commissioner for Scotland (“the Commissioner”) (whose office will shortly be dissolved by an order under section 2 of the 2005 Act). This is to ensure that, notwithstanding the transfer of functions to the Commission, the Commissioner will remain responsible for exercising a number of functions under the 2002 Act, such as the preparation of an annual report (section 5) and accounts (Schedule 1, paragraph 4) and will be able to be funded under section 6 of that Act, until such time as that office is dissolved. Moreover, the Commissioner in carrying out any remaining functions before dissolution will continue to be subject to the Public Finance and Accountability (Scotland) Act 2000 (asp 1), the Ethical Standards in Public Life etc.(Scotland) Act 2000 (asp 7), the Scottish Public Services Ombudsman Act 2002 (asp 11), the Freedom of Information (Scotland) Act 2002 (asp 13) and the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4).