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Statutory Instrument 2006 No. 984 (C. 30)The Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 984 (C. 30)WATER, ENGLAND AND WALESThe Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006
The Secretary of State makes the following Order in exercise of the powers conferred on her by sections 104(6)(a) and 105(3) to (6) of the Water Act 2003[1], and having consulted the National Assembly for Wales[2]: Citation and interpretation 1.—(1) This Order may be cited as the Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006. (2) In this Order—
Provisions coming into force on 1st April 2006
(b) section 2 (restrictions on impounding); (c) section 3 (existing impounding works); (d) section 4 (existing impounding works: works notices); (e) in section 8 (amendments relating to section 7), subsections (3) to (7) and subsection (1) in so far as it relates to those subsections; (f) section 11 (who may apply for a licence); (g) section 12 (abolition of combined licences); (h) section 13 (applications: types of abstraction licence); (i) section 14 (publication of application for licence); (j) section 19 (form, contents and effect of licences) for all remaining purposes; (k) section 21 (modification of licences); (l) section 22 (proposals for modification at instance of Agency or Secretary of State); (m) section 23 (transfer and apportionment of licences); (n) section 25 (compensation for modification of licence on direction of Secretary of State) for all remaining purposes; (o) section 30 (enforcement notices, and related procedures and offences); (p) section 33 (application of certain water resources provisions to the Act); (q) section 62 (water resources management plans) in so far as it has effect to insert into the WIA[3] section 37A and 37D, and for all remaining purposes as respects the insertion into the WIA of section 37B; (r) in section 100 (devolution: Wales)—
(ii) subsection (2)(g) in so far as it relates to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article; (iii) subsection (4)(b)(iii); (iv) subsection (6) in so far as it relates to references to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article; and (v) subsection (7) in so far as it relates to subsection (6) (so far as brought into force by sub-paragraph (iv) above) or the amendments made by subsections (2) and (4) (so far as brought into force by sub-paragraphs (i) and (iii) above); and (s) in section 101 (minor and consequential amendments and repeals)—
(ii) subsection (2) in so far as it relates to the repeals specified in Schedule 9 of sections 30, 31, 36, 49, 50, 52(8) and 125(2) of the WRA[4] and the repeal in relation to section 25(2) of that Act. Transitional and savings provisions Conversion of certain licences into transfer licences 1.—(1) The Agency must, before 1st May 2006—
(b) serve on every such holder so identified notice in writing of his entitlement under sub-paragraph (2) and of the requirements of sub-paragraph (3). (2) The holder of a relevant licence containing relevant provisions may make an application to the Agency for the grant of a transfer licence in substitution for that part of the relevant licence which contains the relevant provisions.
(b) be made on a form issued by the Agency for the purpose; and (c) provide, or be accompanied by, such information as the Agency may reasonably request in connection with the application. (4) Where it receives an application, the Agency must before the relevant date—
(b) on granting the transfer licence—
(ii) in any other case, revoke the relevant licence. (5) In sub-paragraph (4), the "relevant date" is the date of the day after the end of the period of six months beginning on the day the application is received by the Agency.
(b) in any other case, on 1st October 2006. (8) Subsection (1)(a) of section 43 of the WRA[7] (appeals to the Secretary of State) has effect in relation to the decision of the Agency on an application under sub-paragraph (2)—
(b) to vary or revoke a relevant licence under sub–paragraph (4)(b), as if it were a decision on an application to the Agency for a licence under Chapter 2 of Part 2 of the WRA.
(b) the period within which notice of appeal under subsection (1)(a) of section 43 of the WRA against the decision of the Agency may be given has ended without any such notice having been given; or (c) notice of appeal under subsection (1)(a) of section 43 of the WRA against that decision has been given and the appeal has been withdrawn or determined. (10) In this paragraph—
(11) In this paragraph and paragraph 2, "combined licence" means a licence under section 36 of the WRA[8] (application for combined abstraction and impounding licence) which is in force immediately before 1st April 2006.
(b) vary the combined licence by omitting the provisions referred to in paragraph (a). (2) A licence granted in accordance with sub-paragraph (1)(a) must provide for the licence to take effect on 1st April 2007.
(b) varied in accordance with sub-paragraph (1)(b), as if that licence had been granted or varied (as the case may be) on an application to the Agency.
(b) paragraph 1 applies as if—
(ii) sub-paragraph (5) were omitted; (iii) in sub-paragraph (7)(a), after "on" where it first appears, there were inserted "1st April 2007, or (if later)"; (iv) in sub-paragraph (7)(b), for "1st October 2006" there were substituted "1st April 2007"; and (v) in sub-paragraph (10), in the definition of "relevant licence", the words "(other than a combined licence)" were omitted. (8) In this paragraph, "impounding licence" means a licence[10] under Chapter 2 of Part 2 of the WRA to obstruct or impede the flow of inland waters by means of impounding works. (This note is not part of the Order) This Order brings into force on 1st April 2006 in England and Wales certain provisions of the Water Act 2003 ("the Act"), and makes transitional provision and savings in respect of some of those provisions. The provisions of Part 1 of the Act brought into force by these Regulations relate to the licensing of abstraction and impounding of water. The provisions of Part 3 of the Act brought into force by these Regulations enable the Secretary of State to make regulations and give directions in relation to water resources management plans. Transitional provisions and savings consequential upon the coming into force of certain provisions in Part 1 of the Act are made in the Schedule to this Order. (This note is not part of the Order) The following provisions of the Water Act 2003 have been brought into force in England and Wales by commencement orders made before the date of this Order:
(*) These provisions also extend partially to Scotland (section 105(9) of the Act) and were brought into force in Scotland by the same Order. (†) These provisions also extend to Scotland (section 105(9) of the Act) and were brought into force in Scotland by the same Order. (‡) These provisions also extend to Scotland and Northern Ireland (section 105(8) of the Act) and were brought into force in Scotland and Northern Ireland by the same Order. The following provisions of the Water Act 2003 have been brought into force in England by commencement orders made before the date of this Order:
The following provisions of the Act have been brought into force in Wales by commencement orders made before the date of this Order:
The following provisions of the Act will be brought into force in England and Wales by commencement orders made before the date of this Order:
Notes: [1]2003 c. 37.back [2]The power in section 105(3) of the Act to appoint a day on which provisions of the Water Act 2003 shall come into force is vested in the "appropriate authority". The appropriate authority in relation to provisions of the Act for which a day is appointed by this Order is the Secretary of State after consulting "the Assembly" (the National Assembly for Wales: section 105(2) of the Act).back [3]See section 105(2)(a) of the Act.back [4]See section 105(2)(b) of the Act.back [5]Section 46 of the WRA was amended by section 19 of the Act.back [6]Section 24A of the WRA was inserted by section 1 of the Act.back [7]Section 43 of the WRA was amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 134, and section 14 of the Act.back [8]Section 36 of the WRA was repealed by section 12 of the Act.back [9]Section 25(1A) of the WRA was inserted by section 2 of the Act.back [10]For the definition of "licence" in this context, see sections 25(6) and (7) and section 72(1) of the WRA.back [11]Section 198 of the WRA was amended by section 23 of the Act.back [12]Section 199 of the WRA was amended by section 8(5) of the Act.back [13]Section 35 of the WRA was amended by section 11 of the Act.back [14]Section 37 of the WRA was substituted by section 14(1) of the Act.back [15]S.I. 2006/641.back [16]Section 37B of the WIA was inserted by section 62 of the Act.back [17]Sections 37A and 37D of the WIA were inserted by section 62 of the Act.back ISBN0 11 074437 3 -- Back --
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