Welsh Statutory Instrument 2004 No. 2916 (W.255) (C.120)

      The Water Act 2003 (Commencement No. 2) (Wales) Order 2004

      © Crown Copyright 2004

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      STATUTORY INSTRUMENTS

      2004 No. 2916 (W.255) (C.120)

      ENVIRONMENTAL PROTECTION, WALES

      The Water Act 2003 (Commencement No. 2) (Wales) Order 2004

        Made 9 November 2004 

      The National Assembly for Wales, in exercise of the powers conferred on it by section 105(3) and (6) of the Water Act 2003[1] ("the Act"), makes the following Order:

      Citation and application
           1.  - (1) This Order may be cited as the Water Act 2003 (Commencement No.2) (Wales) Order 2004.

          (2) This Order applies to Wales only.

      Appointed Day
                 2. The day appointed for the coming into force of the following provisions of the Act is 11 November 2004 - 



      Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[4].


      D. Elis-Thomas
      The Presiding Officer of the National Assembly

      9 November 2004


      EXPLANATORY NOTE

      (This note is not part of the Order)


      This Order brings into force in Wales, on 11 November 2004, certain provisions of the Water Act 2003, namely sections 77, 78, 80, 81 and 86(2)(f) (and section 86(1) as it relates to that paragraph).

      Sections 77, 78 and 80 amend the Reservoirs Act 1975[      5] ("the 1975 Act").

      Section 77 inserts a new section 12A into the 1975 Act, enabling the Secretary of State (to be understood as the National Assembly for Wales in Wales) to require undertakers to prepare plans setting out the action they would take in the case of flooding from large raised reservoirs.

      Section 78 inserts new sections 2(2A) and 12B into the 1975 Act, empowering the National Assembly, on the grounds of national security, to direct the Environment Agency not to include certain information in registers maintained under the 1975 Act ; not to consult persons on the preparation of plans referred to in section 12A of the 1975 Act; and not to publish such plans.

      Section 80 inserts a new section 27A into the 1975 Act, which applies the provisions of the 1975 Act to the Crown.

      Section 81 requires the National Assembly to take steps to encourage the conservation of water and enables it to make an Order requiring it to prepare reports on such steps.

      Section 86 amends the Environmental Protection Act 1990[6] as it concerns contaminated land and the pollution of controlled waters. Section 86(2)(f) clarifies the definition of "controlled waters" in section 78A(9)(a) of that Act.

      Section 101(1) and (2) partially commences Schedule 7 (minor and consequential amendments) and Schedule 9 (repeals and revocations).


      NOTE AS TO EARLIER COMMENCEMENT ORDERS

      (This Note is not part of the Order)


      The provisions of the Act referred to in Table 1 below have been brought into force in both England and Wales by Commencement Orders made before the date of this Order  - 


      TABLE 1
      Provision Date of Commencement S.I. No.
      Section 6(1) (partially) 1 April 2004 2004/641
      Section 9 1 April 2004 2004/641
      Section 10(11) 1 April 2004 2004/641
      Section 15 1 April 2004 2004/641
      Section 16 (except subsections (4) and (5)) 1 April 2004 2004/641
      Section 18 1 April 2004 2004/641
      Section 19 (4) 1 April 2004 2004/641
      Section 20 1 April 2004 2004/641
      Section 25 (1) (partially), (2) and (4) 1 April 2004 2004/641
      Section 26 1 October 2004 2004/2528
      Section 27 1 April 2004 2004/641
      Sections 28 and 29 1 October 2004 2004/2528
      Section 31 1 October 2004 2004/2528
      Section 37 1 April 2004 2004/641
      Section 38 (partially) 1 October 2004 2004/2528
      Section 48(1) (partially) 1 October 2004 2004/2528
      Section 49 1 October 2004 2004/2528
      Section 50 1 October 2004 2004/2528
      Section 53 1 April 2004 2004/641
      Sections 54 and 55 1 October 2004 2004/2528
      Section 56 (partially) 1 April 2004 2004/641
      Section 57 1 April 2004 2004/641
      Section 59 1 October 2004 2004/2528
      Sections 60 and 61 1 April 2004 2004/641
      Section 62 (partially) 1 October 2004 2004/2528
      Section 63 (partially) 1 October 2004 2004/2528
      Section 64 1 April 2004 2004/641
      Section 65 1 April 2004 2004/641
      Section 66 1 April 2004 2004/641
      Section 68 1 April 2004 2004/641
      Section 71 1 April 2004 2004/641
      Section 72 1 April 2004 2004/641
      Section 74 1 October 2004 2004/2528
      Section 76 1 October 2004 2004/2528
      Section 79 1 October 2004 2004/2528
      Sections 81 to 83 1 April 2004 2004/641
      Section 84 1 April 2004 2004/641
      Section 85 1 April 2004 2004/641
      Section 87 1 October 2004 2004/2528
      Sections 90 to 92 28 May 2004 2004/641
      Sections 93 to 97 and 99 28 May 2004 2004/641
      Section 100(1) 1 October 2004 2004/2528
      Section 100(2) (partially) 1 April 2004 and 28 May 2004 2004/641
      Section 100(2) (partially) 1 October 2004 2004/2528
      Section 100(3) (partially) 1 October 2004 2004/2528
      Section 100(4) (partially) 1 April 2004 2004/641
      Section 100(4) (partially) 1 October 2004 2004/2528
      Section 100(5) 1 April 2004 2004/641
      Section 100(6) and (7) (partially) 17 March 2004, 1 April 2004 and 28 May 2004 2004/641
      Section 100 (6) and (7) (partially) 1 October 2004 2004/2528
      Section 101(1) (partially) 17 March 2004 and 1 April 2004 2004/641
      Section 101(1) (partially) 1 October 2004 2004/2528
      Section 101(2) (partially) 17 March 2004, 1 April 2004 and 28 May 2004 2004/641
      Section 101(2) (partially) 1 October 2004 2004/2528
      Schedule 7 (partially) 1 April 2004 2004/641
      Schedule 7 (partially) 1 October 2004 2004/2528
      Schedule 8 (partially) 1 April 2004 2004/641
      Schedule 8 (partially) 1 October 2004 2004/2528
      Schedule 9 (partially) 1 April 2004 and 28 May 2004 2004/641
      Schedule 9 (partially) 1 October 2004 2004/2528

      The provisions of the Act referred to in Table 2 below will come into force in England and Wales by virtue of Commencement Orders made before the date of this Order:


      TABLE 2
      Provision Date of Commencement S.I. No.
      Section 24 1 April 2005 2004/641
      Section 101(1) insofar as it relates to para 27(2) of Sch.7 29 December 2004 2004/2528

      The provisions of the Act referred to in Table 3 below have been brought into force in Wales by a Commencement Order made before the date of this Order.


      TABLE 3
      Provision Date of Commencement S.I. No.
      Section 67 1 April 2004 2004/910 (W.93)
      Section 69 1 April 2004 2004/910 (W.93)
      Section 75 1 April 2004 2004/910 (W.93)
      Section 101(1) (partially) 1 April 2004 2004/910 (W.93)
      Schedule 7 (partially) 1 April 2004 2004/910 (W.93)
      Schedule 9 (partially) 1 April 2004 2004/910 (W.93)

      Notes:

      [1] 2003 c.37. See the table to section 105(6) for the meaning of "the appropriate authority" in relation to the commencement of sections 77, 78, 80, 81, 86 and 101of, and Schedule 9 to the Act.back

      [2] 1991 c.57.back

      [3] 1995 c.25.back

      [4] 1998 c.38.back

      [5] 1975 c.23.back

      [6] 1990 c.43.back


      Cymraeg (Welsh)


      ISBN 0 11091022 2


 

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