Décision No 1233 du Conseil permanent
After subsection (1) of section 61 of the Water Industry Act 1991 (disconnection for non-payment of charges) there is inserted—
After Schedule 4 to the Water Industry Act 1991 there is inserted, as Schedule 4A, the Schedule set out in Schedule 1 to this Act.
After section 63 of the Water Industry Act 1991 there is inserted—
In section 142 of the Water Industry Act 1991 (powers of undertakers to charge), in subsection (2) for “Subject to subsections (3) and (3A)” there is substituted “ Subject to subsections (2A), (3) and (3A) ” and after subsection (2) there is inserted—
In section 143 of that Act (charges schemes), in subsection (5)(a) after “a relevant undertaker” there is inserted “ in a case not falling within section 142(2A) above ”.
Section 143 of the Water Industry Act 1991 (charges schemes) is amended as follows.
In subsection (1), after “which” there is inserted “ has effect in relation to a specified period of twelve months and ”.
At the end there is inserted—
After section 143 of the Water Industry Act 1991 (charges schemes), there is inserted—
After section 144 of the Water Industry Act 1991 there is inserted—
After section 144A of the Water Industry Act 1991 there is inserted—
Section 145 of the Water Industry Act 1991 (which prevents charging by reference to rateable value in respect of services provided after 31st March 2000) shall cease to have effect.
In section 148 of the Water Industry Act 1991, in subsection (2)—
for paragraph (c) there is substituted—, and
for paragraph (e) there is substituted—
Section 162 of the Water Industry Act 1991 (works in connection with metering) is amended as follows.
In subsection (1), for paragraph (a) there is substituted—.
After subsection (1) there is inserted—
In subsection (4), for “subsection (1)(a)” there is substituted “ subsection (1A)(c) ”.
After section 209 of the Water Industry Act 1991, there is inserted—
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For the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981— and the Regulations shall apply to the transfer (whether or not they would apply apart from this provision).
the functions of the Customers Council are to be treated as transferring to the Water Industry Commissioner for Scotland on the date on which this section comes into force, and
the transfer is to be treated as the transfer of an undertaking,
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Subsection (2) below applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not—
provision about functions conferred by or by virtue of this Act; or
provision in connection with such provision.
An Order in Council to which this subsection applies—
shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of the Scotland Act 1998, this Act so far as it extends to Scotland shall be taken to be a pre-commencement enactment within the meaning of that Act.
Schedule 3 to this Act (minor and consequential amendments) has effect.
Schedule 4 to this Act (repeals) has effect.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other Act.
This Act may be cited as the Water Industry Act 1999.
The following provisions of this Act shall come into force on the day on which this Act is passed—
section 1 and Schedule 1,
section 2,
section 8,
section 14,
section 15 and Schedule 4, so far as they relate to the repeal of section 145 of the Water Industry Act 1991 and the heading preceding it, and
so much of any other provision of this Act as confers any power to make subordinate legislation.
The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
An order under subsection (3) above may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate for the purposes of, or in connection with, the provisions to which it applies.
In this Act—
Part I extends to England and Wales only,
Part II extends to Scotland only, and
section 15 and Schedules 3 and 4 have the same extent as the enactments which they amend or repeal.
Except as provided by subsection (5)(c) above, this Act does not extend to Northern Ireland.
Section 1(2).
Section 15(1).
In section 148(1) of the Water Industry Act 1991 (restriction on charging for metering), for “to be used” there is substituted “ capable of being used ”.
In section 149(2)(a) of that Act (further provision relating to charging by volume), for “in relation to which the meter is to be used” there is substituted “ to which the meter relates ”.
After section 150A of that Act there is inserted—
Section 195 of that Act (the Director’s register) is amended as follows. At the end of subsection (1) there is inserted “ and of section 143 above ” . After subsection (3) there is inserted—
Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) is amended as follows. In Part II (bodies of which all members are disqualified), the entry for the Scottish Water and Sewerage Customers Council and any committee established by it is repealed. The Water Industry Commissioner for Scotland
The Water (Fluoridation) Act 1985 is amended as follows. In section 4 (publicity and consultation about fluoridation schemes)— In section 5 (interpretation), the definition of “Customers Council” is repealed.
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subsection (2) is repealed,
in subsection (4), for “Customers Council” there is substituted “Commissioner”,
in subsection (5), for the words from “apply” in the second place where it occurs to the end there is substituted “to a charges scheme made under that section”, and
after subsection (6) there is inserted—
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for “Customers Council” and “Council” there is substituted “Commissioner”, and
for “it” and “its” there is substituted “he” and “his”.
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in subsection (1), for “Customers Council” there is substituted “Commissioner”,
in subsection (3), for “Customers Council” and “Council” there is substituted “Commissioner”.
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“the Commissioner” means the Water Industry Commissioner for Scotland (established under section 67A(1)); “Consultative Committee” means a Water Industry Consultative Committee established under section 67A(2);,
the definition of “the Customers Council” is repealed.
In section 177(2) (Parliamentary disqualification), the entry for the Scottish Water and Sewerage Customers Council or any committee established by it is repealed.
Schedule 9 (Customers Council) is repealed.
In Schedule 13 (minor and consequential amendments), paragraph 140(4)(c) and (5)(a) is repealed.
Chapter Short title Extent of repeal 1991 c. 56. The Water Industry Act 1991. Section 145 and the heading preceding it. 1995 c. 25. The Environment Act 1995. In Schedule 22, paragraph 114(2).
Chapter Short title Extent of repeal 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entry for the Scottish Water and Sewerage Customers Council and any committee established by it. 1985 c. 63. The Water (Fluoridation) Act 1985. In section 5, the definition of “Customers Council”. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. Section 66(2). Section 67. In section 68, subsection (1), in subsection (3) the words “Without prejudice to subsection (1)(c) above”, and in subsection (5) the words from “and without prejudice” to the end. In section 76, in subsection (4), in paragraph (a) the words “in draft” and in paragraph (b)(ii) the words “the Council and”, and in subsection (5) the words “in draft”. In section 125, the definition of “the Customers Council”. In section 177(2), the entry for the Scottish Water and Sewerage Customers Council and any committee established by it. Schedule 9. In Schedule 13, paragraph 140(4)(c) and (5)(a).