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Scottish Statutory Instruments

2015 No. 360 (C. 45)

Water Industry

The Water Act 2014 (Commencement No. 1) (Scotland) Order 2015

Made

28th October 2015

Laid before the Scottish Parliament

30th October 2015

Coming into force

20th November 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 94(3) and (6) of, and Schedule 12 to, the Water Act 2014(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Water Act 2014 (Commencement No. 1) (Scotland) Order 2015 and comes into force on 20th November 2015.

Appointed day

2.  20th November 2015 is the day appointed for the coming into force of the following provisions of the Water Act 2014—

(a)Section 7(1) and (2) (arrangements with the Water Services Regulation Authority) so far as they insert paragraph 1A into Schedule 2 to the Water Services etc. (Scotland) Act 2005(2); and

(b)Section 7(3) and (4) for all purposes.

KEITH BROWN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th October 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order partly commences section 7 of the Water Act 2014 (“the 2014 Act”).

It commences section 7(1) and (2) for the limited purposes of inserting a new paragraph 1A into Schedule 2 of the Water Services etc. (Scotland) Act 2005 (“the 2005 Act”).

The new paragraph 1A of Schedule 2 to the 2005 Act will provide the Scottish Ministers with a power to make provision, by Order, about the Water Industry Commission for Scotland treating certain applications made to the Water Services Regulation Authority for a water supply or sewerage licence in England or Wales under the Water Industry Act 1991 (c. 56) as also being an application for a water services or sewerage services licence in Scotland under the 2005 Act.

The Order also commences paragraphs (3) and (4) of section 7 of the 2014 Act for all purposes.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2014 Act have been brought into force by commencement orders made before the date of this Order. Only sections 61 and 62, Schedule 8 (for limited purposes) and Parts 4 and 6 of the 2014 Act extend to Scotland. Amendments made by section 7 will also extend to Scotland by virtue of section 93(4). Section 7 is the only provision that falls to be commenced by the Scottish Ministers.

ProvisionDate of CommencementS.I. No.
Section 1 (partially)1st September 20152015/773
Section 1 (partially)1st September 20152015/1469
Section 4 (partially)1st September 20152015/773
Section 4 (partially)1st September 20152015/1469
Section 8 (partially)6th April 20152015/773
Section 14(2) (partially)6th April 20152015/773
Section 16(2) (partially)15th July 20152015/1469
Section 16 (for all remaining purposes)1st November 20152015/1469
Section 17 (partially)6th April 20152015/773
Section 17 (partially)15th July 20152015/1469
Section 23 (partially)1st January 20152014/3320
Section 23 (partially)6th April 20152015/773
Section 246th April 20152015/773
Section 29 (partially)1st January 20152014/3320
section 29(7)15th July 20152015/1469
Section 30 (partially)1st January 20152014/3320
Section 30(7)15th July 20152015/1469
Section 38 (partially)1st January 20152014/3320
Section 38 (partially)6th April 20152015/773
Section 40(1)14th July 20142014/1823
Section 411st November 20152015/1786 (W.249)
Section 42 to 476th April 20152015/773
Section 496th April 20152015/773
Section 516th April 20152015/773
Section 526th April 20152015/773
Section 53 (partially)6th April 20152015/773
Section 551st January 20152014/3320
Section 56 (partially)1st January 20152014/3320
Section 56 (partially)15th July 20152015/1469
Section 56 (partially)1st September 20152015/1469
Section 56 (partially)1st November 20152015/1469
Section 591st October 20142014/1823
Sections 64 to 681st January 20152014/3320
Section 69 (for all remaining purposes)1st January 20152014/3320
Section 82 (partially)1st January 20152014/3320
Sections 83 to 841st January 20152014/3320
Schedule 2 (partially)1st September 20152015/773
Schedule 2 (partially)1st September 20152015/1469
Schedule 4 (partially)1st September 20152015/773
Schedule 4 (partially)1st September 20152015/1469
Schedule 7 (partially)1st January 20152014/3320
Schedule 7 (partially)15th July 20152015/1469
Schedule 7 (partially)1st September 20152015/1469
Schedule 7 (partially)1st November 20152015/1469
Schedule 914th July 20142014/1823
(1)

2014 c.21 (“the Act”). The power in section 94(3) of the Act to appoint a day on which the remaining provisions of the Act shall come into force is vested in the “appropriate authority”. Section 94(6) of the Act states that the appropriate authority is the Secretary of State except as otherwise stated in the table in Schedule 12 to the Act. The appropriate authority in relation to section 7 of the Act is the Scottish Ministers.