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Statutory Instrument 1989 No. 1557 (C.52)

The Water Act 1989 (Commencement No. 2 and Transitional Provisions) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1557 (C.52)

WATER, ENGLAND AND WALES

The Water Act 1989 (Commencement No. 2 and Transitional Provisions) Order 1989

Made25th August 1989

    The Secretary of State for the Environment, and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by section 194(4) and (5) of the Water Act 1989[1] and of all other powers enabling them in that behalf, hereby make the following Order:
    Citation and interpretation
        1.—(1)  This Order may be cited as the Water Act 1989 (Commencement No. 2 and Transitional Provisions) Order 1989.

        (2)  In this Order, except where the context otherwise requires, references to sections and Schedules are to references to sections and Schedules of the Water Act 1989.
    Provisions coming into force on 1st September 1989
        2.    The provisions specified in Schedule 1 to this Order shall come into force on1st September 1989.
    Provisions coming into force in Northern Ireland on 1st September 1989
        3.—(1)  Section 4, including Schedule 2, and section 13 shall, so far as they extend to Northern Ireland, come into force there on 1st September 1989.

        (2)  The amendments and repeals referred to in section 194(6)(c) shall, so far as they extend to Northern Ireland and are not brought into force by section 19(3), come into force there on 1st September 1989.
    Provisions coming into force on 1st April 1990.
        4.    The provisions specified in Schedule 2 to this Order shall come into force on 1st April 1990.
    Savings of provisions
        5.—(1)  The repeal on 1st September 1989 in consequence of article 2 of section 34(1) of, and Part I of Schedule 6 to, the Water Act 1973 shall not affect the continued operation of, or the power of the Secretary of State to revoke or vary, the provisions mentioned in Schedule 3 hereto.

        (2)  The repeal on 1st April 1990 in consequence of article 4 of section 59(3) of, and sections 74(1) and (2) of Schedule 3 to, the Water Act 1945[2] shall not affect the continued application on or after that date of any of the repealed provisions by virtue of any local statutory provision.
    Transitional provisions
        6.    The amendments to section 16 of the Water Act 1945 (power to prohibit or restrict the use of hosepipes) made by paragraph 7(3) of Schedule 25 (brought into force on 1st September 1989 by article 3 of the Water Act 1989 (Commencement No. 1) Order 1989[3]) shall not affect the validity of any prohibition or restriction imposed under that section and in force immediately before that date; and in the case of a prohibition or restriction imposed by a water authority subsections (4) and (5) of that section shall apply as if references to an undertaker were, where appropriate, references to the successor company.


Signed by authority of the Secretary of State

Colin Moynihan

Parliamentary Under Secretary of State
Department of the Environment

24th August 1989
Signed by authority of the Secretary of State

Ian Grist

Parliamentary Under Secretary of State
Welsh Office

25th August 1989





Notes:

[1] 1989 c. 15; see section 189(9) as to the joint exercise of functions exercisable concurrently.

[2] 1945 c. 42 (8 & 9 Geo. 6).

[3] S.I. 1989/1146.

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