text:
PART 1
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 and come into force in accordance with paragraphs (2) to (5).
2
Part 1 of these Regulations comes into force on the day after the day on which they are made.
3
Part 2 of these Regulations comes into force on 1st October 2005.
4
Part 3 of these Regulations comes into force on 1st December 2005.
5
Part 4 of these Regulations comes into force on 1st April 2006.
6
Any amendment or repeal made by these Regulations has the same extent as the enactment being amended or repealed.
7
Any supplementary provision made by these Regulations in relation to any enactment or instrument has the same extent as the enactment or instrument in relation to which the supplementary provision is made.
PART 2
CONSUMER COUNCIL FOR WATER
Effect of certain references in the instruments of appointment of water and sewerage undertakers made under the WIA
2
In each instrument made under sections 6 and 7 of the WIA appointing a company to be a water or sewerage undertaker, each reference to —
a
a customer service committee maintained under section 28 of that Act, or
b
the customer service committee to which a water or sewerage undertaker is allocated under that section,
is to have effect as a reference to the Consumer Council for Water.
Amendments to the Water Supply (Water Quality) Regulations 2000
3
1
The Water Supply (Water Quality) Regulations 2000 are amended as follows.
2
In regulation 2 (interpretation), the definition of “relevant customer services committee” is omitted.
3
In regulation 20 (authorisation of temporary supply of water that is not wholesome), in paragraph (4)(c), for “relevant customer services committee” there is substituted “Council”.
4
In regulation 24 (revocation and modification of authorisations), in paragraph (2)(d), for “relevant customer services committee” there is substituted “Council”.
5
In regulation 35 (provision of information), in paragraph (8), for “relevant customer services committee” there is substituted “Council”.
Amendments to the Water Supply (Water Quality) Regulations 2001
4
1
The Water Supply (Water Quality) Regulations 2001 are amended as follows.
2
In regulation 2 (interpretation), the definition of “relevant customer services committee” is omitted.
3
In regulation 20 (authorisation of temporary supply of water that is not wholesome), in paragraph (4)(c), for “relevant customer services committee” there is substituted “Council”.
4
In regulation 24 (revocation and modification of authorisations), in paragraph (2)(d), for “relevant customer services committee” there is substituted “Council”.
5
In regulation 35 (provision of information), in paragraph (8), for “relevant customer services committee” there is substituted “Council”.
PART 3
WATER SUPPLY LICENSING
Amendments to the Water (Meters) Regulations 1988
5
1
The Water (Meters) Regulations 1988 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (3) —
a
for the definition of “the customer”, there is substituted —
“the customer” in relation to a supply of water provided by an undertaker to any premises, means the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;
;
b
at the end of the definition of “undertakers”, “and” is omitted; and
c
the definition of “water charges” is omitted.
3
In regulation 8 (method of proof and effect of meter reading), in paragraph (1), after “fix charges” there is inserted “payable by the customer”.
4
In regulation 9 (adjustment of charges), in paragraph (1), after “payable by the undertakers” there is inserted “to the customer”.
5
In regulation 10 (information provided with bills), after “Where charges” there is inserted “payable by the customer”.
6
In regulation 11 (arbitration) —
a
for “any person” there is substituted “the customer”; and
b
for “that person” there is substituted “the customer”.
Amendment to the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989
6
In regulation 2 (interpretation) of the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 , in paragraph (1), in the definition of “customer”, at the end of that definition, justified in line with the beginning of that definition, there is inserted “and, in so far as these Regulations apply to water undertakers, “customer” does not include any licensed water supplier or any customer of a licensed water supplier;”.
Amendment to the Food Safety Act 1990
7
For section 55 of the Food Safety Act 1990 , there is substituted —
Water supply: England and Wales
55
Nothing in Part 2 of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether —
a
by a water undertaker;
b
by a licensed water supplier (within the meaning of the Water Industry Act 1991); or
c
by means of a private supply (within the meaning of Part 3 of that Act).
.
Amendments to the Water Supply (Water Fittings) Regulations 1999
8
1
The Water Supply (Water Fittings) Regulations 1999 are amended as follows.
2
In regulation 2 (application of regulations) —
a
in paragraph (1), after “water undertaker” there is inserted “or licensed water supplier”;
b
in paragraph (2)(b), after “water undertaker” there is inserted “whose supply system is used for the purposes of that supply”;
c
in paragraph (2)(c), after “water undertaker” there is inserted “or licensed water supplier”; and
d
in paragraph (3), after “water undertaker” there is inserted “or licensed water supplier”.
3
In regulation 3 (restriction on installation etc of water fittings), after “water undertaker”, in each place where it appears, there is inserted “or licensed water supplier”.
4
In paragraph 5 of the table in regulation 5 (notification) after “water undertaker” there is inserted “or licensed water supplier”.
5
In regulation 12 (approval by the regulator or the water undertaker), after paragraph (1)(a), there is inserted —
aa
every licensed water supplier;
.
6
In Schedule 1 (fluid categories), in the paragraph entitled “Fluid category 1”, after “water undertaker” there is inserted “or licensed water supplier”.
7
In Schedule 2 (requirements for water fittings) —
a
in paragraph 6, after “water undertaker” there is inserted “or licensed water supplier”;
b
in paragraph 8, after “water undertaker” there is inserted “or licensed water supplier”;
c
in paragraph 11, for “Water supply systems”, there is substituted “Water systems”; and
d
in paragraph 14(1)(a), after “water undertaker” there is inserted “or licensed water supplier”.
Amendments to the Drinking Water (Undertakings) (England and Wales) Regulations 2000
9
1
The Drinking Water (Undertakings) (England and Wales) Regulations 2000 are amended as follows.
2
In regulation 1 (citation, commencement, extent and interpretation), in paragraph (3) —
a
before the definition of “the relevant enforcement authority”, there is inserted —
“licensed water supplier” shall be construed in accordance with section 17B(9) of the Water Industry Act 1991 ;
; and
b
in the definition of “the relevant enforcement authority”, in sub-paragraph (a), after “mainly in Wales” there is inserted “or a company which is a licensed water supplier as regards licensed activities using the supply system of any such water undertaker”.
Amendments to the Water Supply (Water Quality) Regulations 2000
10
1
The Water Supply (Water Quality) Regulations 2000 are amended as follows.
2
In regulation 1 (citation, commencement and application), for paragraphs (6) and (7), there is substituted —
6
Parts I to VIII , X and XI of these Regulations apply in relation to the supply of water using the supply system of any water undertaker whose area is not wholly or mainly in Wales.
7
Part IX of these Regulations applies to local authorities in England, as regards the discharge of functions under that Part, in relation to the supply of water using the supply system of any water undertaker —
a
whose area is situated wholly in England; or
b
whose area is situated partly in England and partly in Wales, as regards the part of the supply system situated in England.
3
In regulation 2 (interpretation) —
a
after the definition of “the 1989 Regulations”, there is inserted —
“access agreement” means an agreement made or determined under section 66D(2) of the Act ;
;
b
in their appropriate places, new definitions are inserted as follows —
“combined licensee” means a company which is the holder of a combined licence within the meaning of Chapter 1A of Part 2 of the Act ;
“relevant supplier” means a water undertaker or licensed water supplier;
“retail licensee” means a company which is the holder of a retail licence within the meaning of Chapter 1A of Part 2 of the Act ;
“supply system” shall be construed in accordance with section 17B(5) of the Act ;
and
c
in the definition of “consumer”, for “water undertaker” there is substituted “relevant supplier”.
4
In regulation 5 (interpretation and application of Part IV – monitoring of water supplies), for paragraph (3) there is substituted —
3
This Part applies to water supplied for regulation 4(1) purposes by a relevant supplier in the performance of its duties under Chapter III.
4
Regulations 5 to 9 apply to a combined licensee in relation to samples taken from supply points as they apply to a water undertaker, but only in so far as the combined licensee is introducing water into a water supply zone in which the water undertaker takes samples under this Part (to the extent authorised by or under regulation 8) from supply points.
.
5
In regulation 6 (monitoring: general provisions) —
a
in paragraph (1), for “its water supply zones” there is substituted “the water supply zones which it supplies”; and
b
in paragraph (9), after “monitor” there is inserted “or cause to be monitored”.
6
In regulation 8 (authorisation of supply points), in paragraph (2), after “water undertaker” there is inserted “or on the joint written application of a water undertaker and combined licensee”.
7
In regulation 9 (numbers of samples), in paragraph (2)(a), “by it” is omitted and after “water supply zone” there is inserted “which it supplies”.
8
In regulation 10 (sampling: further provisions) —
a
for “water undertaker” there is substituted “relevant supplier”; and
b
for “its water supply zones” there is substituted “the water supply zones which it supplies”.
9
In regulation 12 (sampling for particular substances and parameters), at the end there is inserted —
2
For the purposes of establishing the quality of water to be supplied in any supply system into which a combined licensee introduces water, a combined licensee shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this Part.
,
and the text preceding this paragraph in regulation 12 is renumbered as paragraph (1) of that regulation.
10
In regulation 13 (sampling at treatment works) —
a
in paragraph (1)–
i
for “a water undertaker”, there is substituted “every water undertaker or combined licensee”; and
ii
for “serves its”, there is substituted “it uses to supply water to”; and
b
in paragraph (4), after “water undertaker” there is inserted “or combined licensee”.
11
In regulation 14 (sampling at service reservoirs), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”.
12
In regulation 15 (sampling: new sources) —
a
in paragraph (1), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”;
b
in paragraph (2), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”; and
c
in paragraph (3)–
i
in sub-paragraph (a)(ii), for “undertaker” there is substituted “water undertaker or combined licensee proposing to use the source”; and
ii
in sub-paragraph (b)(iii), after “water undertaker” there is inserted “or combined licensee proposing to use the source”.
13
In regulation 16 (collection and analysis of samples) —
a
in paragraph (1), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”;
b
in paragraph (2)(e)(i), for “either the laboratory or the undertaker” there is substituted “the laboratory, the water undertaker or the combined licensee”;
c
in paragraph (4), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”; and
d
in paragraph (11), after “water undertaker” there is inserted “or combined licensee”.
14
In regulation 17 (investigations: Schedule 1 parameters) —
a
in paragraph (1)–
i
for “a water undertaker has reason to believe that water supplied by it for regulation 4(1) purposes” there is substituted “a water undertaker or combined licensee has reason to believe that water of a relevant description”; and
ii
in the words after sub-paragraph (c), after “water undertaker”, there is inserted “or combined licensee”;
b
after paragraph (1), there is inserted —
1A
In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.
;
c
in paragraph (3)(b), for “water undertaker which has reason to believe that water supplied by it for regulation 4(1) purposes” there is substituted “every water undertaker or combined licensee which has reason to believe that water of a relevant description”;
d
for paragraph (5), there is substituted —
5
As soon as may be after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker or combined licensee shall —
a
notify the Secretary of State —
i
of those matters;
ii
whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), a failure in respect of that parameter is likely to recur; and
iii
of the action (if any) taken by it in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system; and
b
send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.
;
e
for paragraph (6) there is substituted —
6
Where the water undertaker or combined licensee has identified a failure attributable to the domestic distribution system or to the maintenance of such a system, it shall, at the same time as notification is given under paragraph (5) —
a
by notice in writing —
i
to those of its consumers who are likely to be affected by the failure, and
ii
to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,
inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and
b
send a copy of that notice to the Secretary of State and to each appropriate local authority.
6A
A relevant supplier which receives a notice under paragraph (6)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.
;
f
in paragraphs (7) and (8), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”; and
g
in paragraph (9), for “water undertaker”, there is substituted “relevant supplier”.
15
In regulation 18 (investigations: indicator parameters) —
a
in paragraph (1) for “water undertaker has reason to believe that water supplied by it for regulation 4(1) purposes” there is substituted “water undertaker or combined licensee has reason to believe that water of a relevant description”;
b
after paragraph (1), there is inserted —
1A
In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.
;
c
for paragraph (2), there is substituted —
2
As soon as may be after the matters specified in paragraph (1) have been identified, the water undertaker or combined licensee shall —
a
notify the Secretary of State —
i
of those matters;
ii
whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (1)(b), a recurrence of the inability to meet the specification in respect of that parameter is likely; and
b
send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.
;
d
for paragraph (3) there is substituted —
3
Where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the water undertaker or combined licensee shall, at the same time as notification is given under paragraph (2) —
a
by notice in writing —
i
to those of its consumers who are likely to be affected by the failure, and
ii
to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,
inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and
b
send a copy of that notice to the Secretary of State and to each appropriate local authority.
3A
A relevant supplier which receives a notice under paragraph (3)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.
; and
e
in paragraph (4), after “water undertaker”, there is inserted “or combined licensee”.
16
In regulation 19 (action by the Secretary of State) —
a
in paragraphs (1) and (4), for “the water undertaker, require the water undertaker” there is substituted “any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier”; and
b
in paragraph (5), for “water undertaker” there is substituted “relevant supplier”.
17
In regulation 20 (authorisation of temporary supply of water that is not wholesome) —
a
in paragraph (1)–
i
for “water undertaker”, there is substituted “relevant supplier”; and
ii
for sub-paragraph (b), there is substituted —
b
the supply of water by a relevant supplier in any of the water supply zones which it uses for the purposes of supplying water to consumers.
;
b
in paragraph (3)–
i
for “A water undertaker” there is substituted “Every water undertaker or combined licensee”; and
ii
in sub-paragraph (c), after “to take” there is inserted “, either alone or together with other relevant suppliers,”; and
c
in paragraph (4), after “water undertaker”, there is inserted “or combined licensee”.
18
In regulation 23 (publicity for authorisations) —
a
in the words before sub-paragraph (a), for “water undertaker” there is substituted “specified relevant suppliers jointly”;
b
in sub-paragraph (b), for “undertaker” there is substituted “specified relevant suppliers”; and
c
at the end there is inserted —
2
In this regulation “specified relevant suppliers” means relevant suppliers —
a
who use the same water supply zone for the purposes of supplying water to consumers; and
b
for the purposes of that supply, rely on an authorised departure relating to the same facts.
,
and the text preceding this paragraph in regulation 23 is renumbered as paragraph (1) of that regulation.
19
In regulation 24 (revocation and modification of authorisations) —
a
in paragraph (2)(a) and paragraph (3), for “water undertaker” there is substituted “relevant supplier”; and
b
after paragraph (2)(a), there is inserted —
aa
any other relevant supplier which, for the purposes of supplying water to consumers, uses the water supply zone in respect of which the authorised departure has been given;
.
20
In regulation 26 (treatment of raw water), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”.
21
In regulation 27 (risk assessment for cryptosporidium), in paragraphs (3), (4) and (5), after “water undertaker” there is inserted “or combined licensee”.
22
In regulation 28 (procedure following risk assessment, and prohibition of supply), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”.
23
In regulation 29 (treatment for cryptosporidium), in paragraphs (2), (4), (9) (in each place where it appears), (10) and (13), after “water undertaker” there is inserted “or combined licensee”.
24
In regulation 30 (contamination from pipes) —
a
in paragraph (1)–
i
in the words before sub-paragraph (a), for “water undertaker” there is substituted “relevant supplier” and for “undertaker’s pipes” there is substituted “relevant supplier’s pipes”; and
ii
in the words after sub-paragraph (b), for “the water undertaker” there is substituted “every water undertaker or combined licensee which introduces water into the supply system used by the relevant supplier”;
b
in paragraph (3), for “an undertaker” there is substituted “a water undertaker or combined licensee”;
c
in paragraph (4) (in each place where it appears), and in paragraph (5)(c), for “water undertaker” there is substituted “relevant supplier”; and
d
in paragraph (5)(c), for “the undertaker” there is substituted “the relevant supplier”.
25
In regulation 31 (application and introduction of substances and products) —
a
in paragraphs (2), (4)(c), (7) and (8), after “water undertaker” there is inserted “or combined licensee”; and
b
in paragraph (8), for “the undertaker” there is substituted “the water undertaker or combined licensee”.
26
In regulation 32 (use of processes), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”.
27
In regulation 33 (offences) —
a
in paragraphs (1), (3) and (4), after “water undertaker” there is inserted “or combined licensee”; and
b
in paragraph (4), for “that undertaker” there is substituted “that water undertaker or combined licensee”.
28
In regulation 34 (maintenance of records) —
a
in paragraph (1)–
i
for the words before sub-paragraph (a), there is substituted —
Every water undertaker or combined licensee shall, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing —
; and
ii
in sub-paragraphs (e) and (g), for “undertaker”, in each place where it appears, there is substituted “water undertaker or combined licensee”;
b
after paragraph (1), there is inserted —
1A
A retail licensee shall, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing —
a
the name of the zone;
b
particulars of any departure authorised under Part VI of these Regulations which applies to water supplied in the zone;
c
particulars of the action taken or required to be taken by the retail licensee to comply with —
i
any enforcement order made under section 18 of the Act;
ii
any departure authorised under Part VI; and
iii
any notice under regulation 19(4); and
d
such other particulars as the retail licensee may determine.
;
c
in paragraph (2)–
i
in the words before sub-paragraph (a), for “An undertaker” there is substituted “A water undertaker or combined licensee”;
ii
in sub-paragraph (a), after “2004”, there is inserted “or, in the case of a combined licensee, no later than 3 months after the day on which it first introduces water into a supply system for the purposes of supplying water to consumers”; and
iii
in sub-paragraph (c), for “undertaker” there is substituted “water undertaker or combined licensee”;
d
after paragraph (2), there is inserted —
2A
A retail licensee shall make —
a
initial entries in the record in respect of the matters mentioned in paragraph (1A)(a), (b) and (c)(ii) no later than 3 months after the day on which it first uses a supply system for the purposes of supplying water to consumers; and
b
entries in respect of the matters mentioned in paragraph (1A)(c)(i) and (iii) within 28 days of the date of the order and notice respectively.
;
e
in paragraph (3)–
i
for “undertaker” there is substituted “relevant supplier”; and
ii
after “paragraph (1)” there is inserted “or paragraph (1A) (as the case may be)”; and
f
in paragraph (4)–
i
in the words before sub-paragraph (a), for “an undertaker” there is substituted “a relevant supplier”;
ii
in sub-paragraph (a), after “paragraph (1)” there is inserted “or in sub-paragraph (a) of paragraph (1A)”; and
iii
in sub-paragraph (b), for “that paragraph” there is inserted “paragraph (1) or paragraph (1A)”.
29
Regulation 35 (provision of information) is amended as follows —
a
in paragraph (1), for “water undertaker” there is substituted “relevant supplier”;
b
in paragraph (2)–
i
in the words before sub-paragraph (a), for “water undertaker” there is substituted “relevant supplier”; and
ii
in sub-paragraph (b), for “undertaker” there is substituted “relevant supplier”;
c
in paragraph (4)–
i
in the words before sub-paragraph (a), after “water supplied” there is inserted “by any relevant supplier”; and
ii
in sub-paragraph (d), in the words before paragraph (i), for “the undertaker” there is substituted “each relevant supplier”;
d
after paragraph (4), there is inserted —
4A
A licensed water supplier shall provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of sending information to a local authority under paragraph (4).
; and
e
in paragraphs (8), (9) and (10), for “water undertaker” there is substituted “relevant supplier”.
30
In regulation 36 (publication of information) —
a
in paragraph (1)–
i
in the words before sub-paragraph (a), for “the preceding year containing” there is substituted “the water supplied by relevant suppliers in its area of appointment in the preceding year and containing”;
ii
in sub-paragraph (a), for “it supplied water” there is substituted “water was supplied”
iii
in sub-paragraph (c), “its” is omitted;
iv
in sub-paragraph (d), “its” is omitted;
v
in sub-paragraph (f), for “undertaker” there is substituted “relevant suppliers”; and
vi
in sub-paragraph (g), for “water undertaker” there is substituted “relevant suppliers”;
b
after paragraph (3), there is inserted —
3A
A licensed water supplier shall provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing its report under paragraph (1).
;
c
in paragraph (4)(a) for “water undertaker’s treatment works” there is substituted “treatment works of the water undertaker and treatment works of combined licensees”; and
d
in paragraph (5)(a), for “water undertaker’s service reservoirs” there is substituted “service reservoirs of the water undertaker and service reservoirs of combined licensees”.
31
In regulation 37 (application and interpretation), for paragraph (2), there is substituted —
2
In this Part “specified relevant supplier”, in relation to a local authority, means —
a
a water undertaker any of whose water supply zones include an area which is situated within the area of that authority; or
b
a licensed water supplier which uses any such water supply zones for the purposes of supplying water to consumers.
.
32
In regulation 38 (duties of local authorities: supplementary provision) —
a
in paragraph (1)(a), for “relevant water undertaker” there is substituted “specified relevant supplier”;
b
in paragraph (2)(a), after “A water undertaker” there is inserted “or combined licensee”; and
c
for paragraph (2)(b) there is substituted —
b
in paragraph (2)(e), for the words “the laboratory, the water undertaker or the combined licensee” there is substituted “the laboratory, the water undertaker, the combined licensee or the authority”.
.
33
In regulation 39 (contraventions by water undertakers) for “water undertaker” there is substituted “relevant supplier”.
Amendments to the Water Supply (Water Quality) Regulations 2001
11
1
The Water Supply (Water Quality) Regulations 2001 are amended as follows.
2
In regulation 1 (citation, commencement and application), for paragraphs (6) and (7), there is substituted —
6
Parts I to VIII, X and XI of these Regulations apply in relation to the supply of water using the supply system of any water undertaker whose area is wholly or mainly in Wales.
7
Part IX of these Regulations applies to local authorities in Wales, as regards the discharge of functions under that Part, in relation to the supply of water using the supply system of any water undertaker —
a
whose area is situated wholly in Wales; or
b
whose area is situated partly in England and partly in Wales, as regards the part of the supply system situated in Wales.
3
In regulation 2 (interpretation) —
a
after the definition of “the 1989 Regulations”, there is inserted —
“access agreement” means an agreement made or determined under section 66D(2) of the Act ;
;
b
in their appropriate places, new definitions are inserted as follows —
“combined licensee” means a company which is the holder of a combined licence within the meaning of Chapter 1A of Part 2 of the Act ;
“relevant supplier” means a water undertaker or licensed water supplier;
“retail licensee” means a company which is the holder of a retail licence within the meaning of Chapter 1A of Part 2 of the Act ;
“supply system” shall be construed in accordance with section 17B(5) of the Act ;
and
c
in the definition of “consumer”, for “water undertaker” there is substituted “relevant supplier”.
4
In regulation 5 (interpretation and application of Part IV – monitoring of water supplies), for paragraph (3) there is substituted —
3
This Part applies to water supplied for regulation 4(1) purposes by a relevant supplier in the performance of its duties under Chapter III.
4
Regulations 5 to 9 apply to a combined licensee in relation to samples taken from supply points as they apply to a water undertaker, but only in so far as the combined licensee is introducing water into a water supply zone in which the water undertaker takes samples under this Part (to the extent authorised by or under regulation 8) from supply points.
.
5
In regulation 6 (monitoring: general provisions) —
a
in paragraph (1), for “its water supply zones” there is substituted “the water supply zones which it supplies”; and
b
in paragraph (9), after “monitor” there is inserted “or cause to be monitored”.
6
In regulation 8 (authorisation of supply points), in paragraph (2), after “water undertaker” there is inserted “or on the joint written application of a water undertaker and combined licensee”.
7
In regulation 9 (numbers of samples), in paragraph (2)(a), “by it” is omitted and after “water supply zone” there is inserted “which it supplies”.
8
In regulation 10 (sampling: further provisions) —
a
for “water undertaker” there is substituted “relevant supplier”; and
b
for “its water supply zones” there is substituted “the water supply zones which it supplies”.
9
In regulation 12 (sampling for particular substances and parameters), at the end there is inserted —
2
For the purposes of establishing the quality of water to be supplied in any supply system into which a combined licensee introduces water, a combined licensee shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this Part.
,
and the text preceding this paragraph in regulation 12 is renumbered as paragraph (1) of that regulation.
10
In regulation 13 (sampling at treatment works) —
a
in paragraph (1)–
i
for “a water undertaker”, there is substituted “every water undertaker or combined licensee”; and
ii
for “serves its”, there is substituted “it uses to supply water to”; and
b
in paragraph (4), after “water undertaker” there is inserted “or combined licensee”.
11
In regulation 14 (sampling at service reservoirs), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”.
12
In regulation 15 (sampling: new sources) —
a
in paragraph (1), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”;
b
in paragraph (2), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”; and
c
in paragraph (3), in sub-paragraphs (a)(ii) and (b)(iii), after “water undertaker” there is inserted “or combined licensee proposing to use the source”.
13
In regulation 16 (collection and analysis of samples) —
a
in paragraph (1), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”;
b
in paragraph (2)(e)(i), for “either the laboratory or the undertaker” there is substituted “the laboratory, the water undertaker or the combined licensee”;
c
in paragraph (4), for “A water undertaker” there is substituted “Every water undertaker or combined licensee”; and
d
in paragraph (11), after “water undertaker” there is inserted “or combined licensee”.
14
In regulation 17 (investigations: Schedule 1 parameters) —
a
in paragraph (1)–
i
for “a water undertaker has reason to believe that water supplied by it for regulation 4(1) purposes” there is substituted “a water undertaker or combined licensee has reason to believe that water of a relevant description”; and
ii
in the words after sub-paragraph (c), after “water undertaker”, there is inserted “or combined licensee”;
b
after paragraph (1), there is inserted —
1A
In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.
;
c
in paragraph (3)(b), for “water undertaker which has reason to believe that water supplied by it for regulation 4(1) purposes” there is substituted “every water undertaker or combined licensee which has reason to believe that water of a relevant description”;
d
for paragraph (5), there is substituted —
5
As soon as may be after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker or combined licensee shall —
a
notify the National Assembly for Wales —
i
of those matters;
ii
whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), a failure in respect of that parameter is likely to recur; and
iii
of the action (if any) taken by it in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system; and
b
send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.
;
e
for paragraph (6) there is substituted —
6
Where the water undertaker or combined licensee has identified a failure attributable to the domestic distribution system or to the maintenance of such a system, it shall, at the same time as notification is given under paragraph (5) —
a
by notice in writing —
i
to those of its consumers who are likely to be affected by the failure, and
ii
to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,
inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and
b
send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.
6A
A relevant supplier which receives a notice under paragraph (6)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.
;
f
in paragraphs (7) and (8), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”; and
g
in paragraph (9), for “water undertaker”, there is substituted “relevant supplier”.
15
In regulation 18 (investigations: indicator parameters) —
a
in paragraph (1) for “water undertaker has reason to believe that water supplied by it for regulation 4(1) purposes” there is substituted “water undertaker or combined licensee has reason to believe that water of a relevant description”;
b
after paragraph (1), there is inserted —
1A
In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.
;
c
for paragraph (2), there is substituted —
2
As soon as may be after the matters specified in paragraph (1) have been identified, the water undertaker or combined licensee shall —
a
notify the National Assembly for Wales —
i
of those matters;
ii
whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (1)(b), a recurrence of the inability to meet the specification in respect of that parameter is likely; and
b
send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.
;
d
for paragraph (3) there is substituted —
3
Where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the water undertaker or combined licensee shall, at the same time as notification is given under paragraph (2) —
a
by notice in writing —
i
to those of its consumers who are likely to be affected by the failure, and
ii
to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,
inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and
b
send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.
3A
A relevant supplier which receives a notice under paragraph (3)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.
; and
e
in paragraph (4), after “water undertaker”, there is inserted “or combined licensee”.
16
In regulation 19 (action by the National Assembly for Wales) —
a
in paragraphs (1) and (4), for “the water undertaker, require the water undertaker” there is substituted “any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier”; and
b
in paragraph (5), for “water undertaker” there is substituted “relevant supplier”.
17
In regulation 20 (authorisation of temporary supply of water that is not wholesome) —
a
in paragraph (1)–
i
for “water undertaker”, there is substituted “relevant supplier”; and
ii
for sub-paragraph (b), there is substituted —
b
the supply of water by a relevant supplier in any of the water supply zones which it uses for the purposes of supplying water to consumers.
;
b
in paragraph (3)–
i
for “A water undertaker” there is substituted “Every water undertaker or combined licensee”; and
ii
in sub-paragraph (c), after “to take” there is inserted “, either alone or together with other relevant suppliers,”; and
c
in paragraph (4), after “water undertaker”, there is inserted “or combined licensee”.
18
In regulation 23 (publicity for authorisations) —
a
in the words before sub-paragraph (a), for “water undertaker” there is substituted “specified relevant suppliers jointly”;
b
in sub-paragraph (b), for “undertaker” there is substituted “specified relevant suppliers”; and
c
at the end there is inserted —
2
In this regulation “specified relevant suppliers” means relevant suppliers —
a
who use the same water supply zone for the purposes of supplying water to consumers; and
b
for the purposes of that supply, rely on an authorised departure relating to the same facts.
,
and the text preceding this paragraph in regulation 23 is renumbered as paragraph (1) of that regulation.
19
In regulation 24 (revocation and modification of authorisations) —
a
in paragraph (2)(a) and paragraph (3), for “water undertaker” there is substituted “relevant supplier”; and
b
after paragraph (2)(a), there is inserted —
aa
any other relevant supplier which, for the purposes of supplying water to consumers, uses the water supply zone in respect of which the authorised departure has been given;
.
20
In regulation 26 (treatment of raw water), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”.
21
In regulation 27 (risk assessment for cryptosporidium), in paragraphs (3), (4) and (5), after “water undertaker” there is inserted “or combined licensee”.
22
In regulation 28 (procedure following risk assessment, and prohibition of supply), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”.
23
In regulation 29 (treatment for cryptosporidium), in paragraphs (2), (4), (9) (in each place where it appears), (10) and (13), after “water undertaker” there is inserted “or combined licensee”.
24
In regulation 30 (contamination from pipes) —
a
in paragraph (1)–
i
in the words before sub-paragraph (a), for “water undertaker” there is substituted “relevant supplier” and for “water undertaker’s pipes” there is substituted “relevant supplier’s pipes”; and
ii
in the words after sub-paragraph (b), for “the water undertaker” there is substituted “every water undertaker or combined licensee which introduces water into the supply system used by the relevant supplier”;
b
in paragraph (3), after “water undertaker” there is inserted “or combined licensee”; and
c
in paragraphs (4) and (5), in each place where it appears, for “water undertaker” there is substituted “relevant supplier”.
25
In regulation 31 (application and introduction of substances and products) in paragraphs (2), (4)(c), (7) and (8) (in each place where it appears), after “water undertaker” there is inserted “or combined licensee”.
26
In regulation 32 (use of processes), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”.
27
In regulation 33 (offences) in paragraphs (1), (3) and (4) (in each place where it appears), after “water undertaker” there is inserted “or combined licensee”.
28
In regulation 34 (maintenance of records) —
a
in paragraph (1)–
i
for the words before sub-paragraph (a), there is substituted —
Every water undertaker or combined licensee shall, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing —
; and
ii
in sub-paragraphs (e) and (g), after “water undertaker”, in each place where it appears, there is inserted “or combined licensee”;
b
after paragraph (1), there is inserted —
1A
A retail licensee shall, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing —
a
the name of the zone;
b
particulars of any departure authorised under Part VI of these Regulations which applies to water supplied in the zone;
c
particulars of the action taken or required to be taken by the retail licensee to comply with —
i
any enforcement order made under section 18 of the Act;
ii
any departure authorised under Part VI; and
iii
any notice under regulation 19(4); and
d
such other particulars as the retail licensee may determine.
;
c
in paragraph (2)–
i
in the words before sub-paragraph (a), after “water undertaker” there is inserted “or combined licensee”;
ii
in sub-paragraph (a), after “2004”, there is inserted “or, in the case of a combined licensee, no later than 3 months after the day on which it first introduces water into a supply system for the purposes of supplying water to consumers”; and
iii
in sub-paragraph (c), after “water undertaker” there is inserted “or combined licensee”;
d
after paragraph (2), there is inserted —
2A
A retail licensee shall make —
a
initial entries in the record in respect of the matters mentioned in paragraph (1A)(a), (b) and (c)(ii) no later than 3 months after the day on which it first uses a supply system for the purposes of supplying water to consumers; and
b
entries in respect of the matters mentioned in paragraph (1A)(c)(i) and (iii) within 28 days of the date of the order and notice respectively.
;
e
in paragraph (3)–
i
for “water undertaker” there is substituted “relevant supplier”; and
ii
after “paragraph (1)” there is inserted “or paragraph (1A) (as the case may be)”; and
f
in paragraph (4)–
i
in the words before sub-paragraph (a), for “water undertaker” there is substituted “relevant supplier”;
ii
in sub-paragraph (a), after “paragraph (1)” there is inserted “or in sub-paragraph (a) of paragraph (1A)”; and
iii
in sub-paragraph (b), for “that paragraph” there is inserted “paragraph (1) or paragraph (1A)”.
29
Regulation 35 (provision of information) is amended as follows —
a
in paragraph (1), for “water undertaker” there is substituted “relevant supplier”;
b
in paragraph (2), in each place where it appears, for “water undertaker” there is substituted “relevant supplier”;
c
in paragraph (4)–
i
in the words before sub-paragraph (a), after “water supplied” there is inserted “by any relevant supplier”; and
ii
in sub-paragraph (d), in the words before paragraph (i), for “the water undertaker” there is substituted “each relevant supplier”;
d
after paragraph (4), there is inserted —
4A
A licensed water supplier shall provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of sending information to a local authority under paragraph (4).
; and
e
in paragraphs (8), (9) and (10), for “water undertaker” there is substituted “relevant supplier”.
30
In regulation 36 (publication of information) —
a
in paragraph (1)–
i
in the words before sub-paragraph (a), for “the preceding year containing” there is substituted “the water supplied by relevant suppliers in its area of appointment in the preceding year and containing”;
ii
in sub-paragraph (a), for “it supplied water” there is substituted “water was supplied”
iii
in sub-paragraph (c), “its” is omitted;
iv
in sub-paragraph (d), “its” is omitted; and
v
in sub-paragraphs (f) and (g), in each place where it appears, for “water undertaker” there is substituted “relevant suppliers”;
b
after paragraph (3), there is inserted —
3A
A licensed water supplier shall provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing its report under paragraph (1).
;
c
in paragraph (4)(a) for “water undertaker’s treatment works” there is substituted “treatment works of the water undertaker and treatment works of combined licensees”; and
d
in paragraph (5)(a), for “water undertaker’s service reservoirs” there is substituted “service reservoirs of the water undertaker and service reservoirs of combined licensees”.
31
In regulation 37 (application and interpretation), for paragraph (2), there is substituted —
2
In this Part “specified relevant supplier”, in relation to a local authority, means —
a
a water undertaker any of whose water supply zones include an area which is situated within the area of that authority; or
b
a licensed water supplier which uses any such water supply zones for the purposes of supplying water to consumers.
.
32
In regulation 38 (duties of local authorities: supplementary provision) —
a
in paragraph (1)(a), for “relevant water undertaker” there is substituted “specified relevant supplier”;
b
in paragraph (2)(a), after “A water undertaker” there is inserted “or combined licensee”; and
c
for paragraph (2)(b) there is substituted —
b
in paragraph (2)(e), for the words “the laboratory, the water undertaker or the combined licensee” there is substituted “the laboratory, the water undertaker, the combined licensee or the authority”.
.
33
In regulation 39 (contraventions by water undertakers) for “water undertaker” there is substituted “relevant supplier”.
PART 4
WATER SERVICES REGULATION AUTHORITY
Amendments to the Director General of Water Services' Register (Inspection and Charges) Order 1989
12
1
The Director General of Water Services' Register (Inspection and Charges) Order 1989 is amended as follows.
2
In article 2 (hours at which the register is to be open for inspection) —
a
for “Director General of Water Services” there is substituted “Water Services Regulation Authority”; and
b
for “his” there is substituted “its”.
Amendments to the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989
13
In regulation 11 (reference of disputes to the Director General of Water Services) of the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 —
a
in paragraphs (1) to (3), for “Director”, in each place where it appears, there is substituted “Authority”; and
b
in paragraph (2), for “him”, in each place where it appears, and for “he” there is substituted “it”.
Effect of certain references in the instruments of appointment of water and sewerage undertakers made under the WIA
14
In each instrument made under sections 6 and 7 of the WIA appointing a company to be a water or sewerage undertaker, each reference, however expressed, to the Director General of Water Services (or to him as the Director) is to have effect as a reference to the Water Services Regulation Authority (or, as the case may be, the Authority), and accordingly in those instruments “he”, “him” and cognate expressions, in relation to the Director General of Water Services, are to have effect as “it” (or the appropriate equivalent) in relation to the Water Services Regulation Authority.
Amendments to the Urban Waste Water Treatment (England & Wales) Regulations 1994
15
In regulation 7 (discharges of industrial waste water to collecting systems or treatment plants) of the Urban Waste Water Treatment (England & Wales) Regulations 1994 , in paragraphs (1) and (7), for “Director General of Water Services”, in each place where it appears, there is substituted “Water Services Regulation Authority”.
Amendment to the Water Supply (Water Fittings) Regulations 1999
16
In regulation 10 (enforcement) of the Water Supply (Water Fittings) Regulations 1999, in paragraph (2)(b), for “Director” there is substituted “Authority”.
Amendment to the Public Interest Disclosure (Prescribed Persons) Order 1999
17
In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 , for “Director General of Water Services” there is substituted “Water Services Regulation Authority”.
Amendment to the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
18
In regulation 3 (assistance to be provided) of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999 , in paragraphs (2) and (3), for “Director” there is substituted “Authority”.
Amendment to the Water Industry (Prescribed Conditions) Regulations 1999
19
In regulation 3 (areas of water scarcity) of the Water Industry (Prescribed Conditions) Regulations 1999 , in paragraph (3)(a), for “Director” there is substituted “Authority”.
Amendment to the Water Supply (Water Quality) Regulations 2000
20
In regulation 39 (contraventions by water undertakers) of the Water Supply (Water Quality) Regulations 2000, for “Director” there is substituted “Authority”.
Amendment to the Water Supply (Water Quality) Regulations 2001
21
In regulation 39 (contraventions by water undertakers) of the Water Supply (Water Quality) Regulations 2001, for “Director” there is substituted “Authority”.
Amendment to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
22
In regulation 12 (river basin management plans: public participation) of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 , in paragraph (4)(b), for “Director General of Water Services” there is substituted “Water Services Regulation Authority”.
Amendment to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
23
In Schedule 1 (river basin management plans: public participation) to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 , in sub-paragraph (4)(c) of paragraph 8, for “Director General of Water Services” there is substituted “Water Services Regulation Authority”.
Amendment to Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004
24
In regulation 3 (areas of water scarcity) of the Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004 , in paragraph (3)(a), for “Director” there is substituted “Authority”.
Amendment to the Water Mergers (Determination of Turnover) Regulations 2004
25
In regulation 2 (interpretation) of the Water Mergers (Determination of Turnover) Regulations 2004 , in paragraph (e) —
a
for “Director General for Water Services” there is substituted “Water Services Regulation Authority”; and
b
for “him” there is substituted “it”.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
20th July 2005


type: legislation

jurisdiction: UK

text:
PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the East Midlands Parkway Station (Land Acquisition) Order 2005 and shall come into force on 28th January 2005.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“ the Company ” means Midland Main Line Limited whose registered office is at 75 Davies Street, London W1K 5HT;
“the East Midlands Parkway Station” means the new Parkway railway station with parking and associated access and highway works to be constructed on the land shown on the land plan;
“the land plan” means the plan certified by the Secretary of State as the land plan for the purposes of this Order;
“the limits of land to be acquired” means the lines marked “Limit of Land to be Acquired” shown on the land plan;
“the limits of land to be temporarily used” means the lines marked “Limit of Land to be Temporarily used” shown on the land plan;
“occupier” means a person occupying land under a tenancy for a period of more than a month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976 );
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the Planning Act ” means the Town and Country Planning Act 1990 ;
“the Street Works Act ” means the New Roads and Street Works Act 1991 ;
“ the tribunal ” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
PART 2
ACQUISITION AND POSSESSION OF LAND
Powers of Acquisition
Power to acquire land
3
1
The Company may acquire compulsorily so much of the land shown on the land plan within the limits of land to be acquired and described in the book of reference as may be required for or in connection with the provision of the East Midlands Parkway Station and it may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
2
This article is subject to article 6(8).
Application of Part I of the Compulsory Purchase Act 1965
4
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Powers to acquire new rights
5
1
The Company may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 3 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 to this Order), where the Company acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in it.
3
Schedule 1 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Temporary use of land
6
1
The Company may, in connection with provision of the East Midlands Parkway Station —
a
enter upon and take temporary possession of so much of the land shown on the land plan within the limits of land to be temporarily used and described in the book of reference as may be required for the purposes of the provision of a working site storage for materials and equipment and access for construction purposes, and
b
remove any buildings and vegetation from that land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.
3
The Company may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the East Midlands Parkway Station.
4
Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the Company shall not be required to replace a building removed under this article.
5
The Company shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.
7
Without prejudice to article 16, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) except that the Company shall not be precluded from acquiring new rights over any part of that land under article 5.
9
Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article “building” includes structure or any other erection.
Compensation
Disregard of certain interests and improvements
7
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
8
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 4) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Company a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Company agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the Company agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the Company is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the Company may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the Company shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of rights affecting land
9
1
All private rights, easements, covenants and licences over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the Company, whether compulsorily or by agreement, or
b
on the entry on the land by the Company under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights, easements, covenants and licences over land of which the Company takes temporary possession under this Order shall be suspended and unenforceable for as long as the Company remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private right, easement, covenant or licence under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Planning Act (extinguishment of rights of statutory undertakers etc. ) applies.
Time limit for exercise of powers of acquisition
10
1
No notice to treat shall be served under Part I of the 1965 Act as applied to the acquisition of land by article 4 after the end of the period of 5 years beginning with the day on which this Order comes into force.
2
The powers conferred by article 6 shall cease at the end of the period referred to in paragraph (1), save that nothing in this paragraph shall prevent the Company remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.
Acquisition: supplementary matters
11
1
Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which article 3 applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those parts of that Schedule.
2
In their application by virtue of paragraph (1), Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect as if references in those Parts to “the undertaking” were references to the Company’s railway undertaking.
PART 3
MISCELLANEOUS AND GENERAL
Transfer of functions under Order
12
1
In this article —
“functions” includes powers, duties and obligations;
“transferee” means a person to whom all or any of the property or functions of the Company have been transferred by virtue of a transfer agreement; and
“transfer agreement” means an agreement entered into under paragraphs (2) or (3).
2
The Company may enter into and carry into effect an agreement to sell, lease, charge, or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of any land held by the Company for the purpose of, or in connection with, the East Midlands Parkway Station.
3
The Company may, with the consent of the Secretary of State, enter into and carry into effect an agreement with any other person with respect to the transfer of all or any of its functions under this Order, either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.
4
Any agreement or undertaking entered into by the Company in connection with the promotion of this Order shall, so far as relevant to any functions under this Order exercisable by the transferee under a transfer agreement, be binding on the transferee, and the exercise of the powers of any enactment including all or any part of the rights and powers conferred on the Company by or under this Order by any person in pursuance of a transfer agreement shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those rights and powers were exercised by the Company.
5
Where a transfer agreement is entered into references in this Order to the Company shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.
6
A transfer agreement may confer on the transferee the power of the Company to enter into a transfer agreement under this article in respect of any functions or property transferred to the transferee, and the provisions of this article shall apply in relation to the exercise of such power by such transferee as if references to the Company were references to the transferee.
Statutory undertakers etc.
13
The provisions of Schedule 2 to this Order shall have effect.
Certification of plan etc.
14
The Company shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference and land plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
15
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
16
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
PART 4
Protection for Network Rail
17
1
For the protection of Network Rail the following provisions shall, unless otherwise agreed in writing between the Company and Network Rail for the purposes of this article, apply and have effect.
2
In this article —
“railway property” means any railway of Network Rail, and any works, apparatus and equipment of Network Rail connected therewith and includes any lands held or used by Network Rail for the purposes of such railway or works, apparatus and equipment; and
“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes and for this purpose associated company means any company which is within the meaning of section 763 of the Companies Act 1985 the holding company of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited.
3
The Company shall not under the powers confirmed pursuant to this Order acquire or use or acquire new rights over any railway property unless such acquisition or use is with the consent of Network Rail.
4
The Company shall not in the exercise of powers conferred by or under this Order prevent pedestrian or vehicular access to the railway property unless preventing such access is with the consent of Network Rail.
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
7th January 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 8) Order 2005.
2
In this Order —
“ the Act ” means the Pensions Act 2004;
“the 1995 Act ” means the Pensions Act 1995 ;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“pay-as-you-go scheme” means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions).
Appointed days
2
1
Subject to article 3, the day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule —
a
for the purpose only of conferring power to make regulations, is 4th December 2005; and
b
for all other purposes, is 30th December 2005.
2
The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule is 9th December 2005.
3
The day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule is 1st January 2006.
4
The day appointed for the coming into force of the provisions of the Act specified in Part 4 of the Schedule —
a
for the purpose only of conferring power to make regulations, is 1st January 2006; and
b
for all other purposes, is 1st April 2006.
5
The day appointed for the coming into force of the provisions of the Act specified in Part 5 of the Schedule —
a
for the purpose only of conferring power to make regulations, is 1st January 2006; and
b
for all other purposes, is 6th April 2006.
6
The day appointed for the coming into force of the provisions of the Act specified in Part 6 of the Schedule is 6th April 2006.
Appointed day for the coming into force of section 287 of the Act in relation to pre-23rd September schemes
3
1
This article applies to a scheme which is a pre-23rd September 2005 scheme.
2
Where in relation to a pre-23rd September 2005 scheme —
a
both an application for authorisation under section 288 of the Act (general authorisation to accept contributions from European employers) and an application for approval under section 289 of the Act (approval in relation to particular European employer) have been made on or before 29th March 2006, the day appointed for the commencement of section 287 of the Act (occupational pension scheme receiving contributions from European employer) is the day after the expiry of the period of five months beginning with the application date;
b
such applications have not been made on or before 29th March 2006, the day appointed for the commencement of section 287 of the Act is 30th March 2006.
3
In this article —
“application date” means —
the date on which the trustees or managers of the relevant pre-23rd September 2005 scheme make both an application for authorisation and an application for approval under sections 288 and 289 of the Act, or
where those applications are not made on the same day, the date on which the last of those applications is made;
“pre-23rd September 2005 scheme” means an occupational pension scheme —
which —
has its main administration in the United Kingdom, and
is not a pay-as-you-go scheme, and
in relation to which —
the trustees or managers were accepting contributions on 22nd September 2005 from any person who, had section 287(6) of the Act been in force at that date, would have been a European employer, or
any such person was under a liability to pay contributions to the trustees or managers on 22nd September 2005.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
2nd December 2005


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2005 and shall come into force on 19th August 2005.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department, and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or Departments
2
1
For the purposes of section 2(2) of the Act, the Ministers or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of the Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of National Assembly for Wales
4
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in Schedule 3 to this Order.
2
Regulations made by the National Assembly for Wales in pursuance of this Order, that are not made jointly with a Minister, shall apply in relation to Wales only, and not to any other part of the United Kingdom.
3
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of earlier designations
5
The Orders specified in column (1) of Schedule 4 to this Order are revoked in so far as they relate to the National Assembly for Wales and to the designations listed in column (2) of that Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 2005, and shall come into force on 1st April 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Havant) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Havant except —
a
the entire length of the A27, and its on and off slip roads, within the borough; and
b
the entire length of the A3(M), and its on and off slip roads, within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
8th February 2005