The Water Act 2014 (Commencement No. 1 and Transitional Provision) (Wales) Order 2015

Made: 7 October 2015

The Welsh Ministers make the following Order in exercise of the power conferred on them by sections 91(3) and 94(3) of the Water Act 2014[^f00001].

Title and interpretation

1

• (1) The title of this Order is the Water Act 2014 (Commencement No. 1 and Transitional Provision) (Wales) Order 2015.

• (2) In this Order “the Act” (“y Ddeddf”) means the Water Act 2014.

Appointed day

2

1 November 2015 is the appointed day for the coming into force of section 41 (disputes about the provision of public sewers: premises in Wales) of the Act.

Transitional provision

3

Notwithstanding article 2, section 101A of the Water Industry Act 1991[^f00002] as in force immediately before the coming into force of this Order shall continue to have effect in relation to any dispute referred to the appropriate agency[^f00003] under that provision before the making of this Order.

Signed

Carl Sargeant — The Minister for Natural Resources, one of the Welsh Ministers — 7 October 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made by the Welsh Ministers and brings into force section 41 of the Water Act 2014 (“the 2014 Act”).

Section 41 (disputes about the provision of public sewers: premises in Wales) of the 2014 Act makes amendments to section 101A (further duty to provide sewers) of the Water Industry Act 1991 (“the 1991 Act”) so as to make provision about the determination of disputes about the provision of a public sewer in Wales.

Prior to the making of this Order, the dispute determination role in Wales rested with the Natural Resources Body for Wales (“NRBW”). Section 41 of the Act gives that role to the Welsh Ministers, or a person they appoint, and requires the NRBW to advise the parties and the person determining the dispute, if requested.

This Order also provides that the NRBW shall continue to exercise the determination role in relation to disputes referred for determination under section 101A of the 1991 Act before the coming into force of section 41 of the 2014 Act.

Footnotes

[^f00001]: 2014 c.21. The Welsh Ministers are the appropriate authority under section 94(3) of that Act for these purposes by virtue of the table in paragraph 1 of Schedule 12 to the Act.

[^f00002]: 1991 c.56.

[^f00003]: In relation to disputes between sewerage undertakers and owners or occupiers of premises in Wales, prior to the commencement of section 41 of the Act, “the appropriate agency” for the purposes of section 101A of the Water Industry Act 1991 is the Natural Resources Body for Wales.