Statutory Instruments of the Scottish Parliament

"the 1994 Act" means the Local Government etc. (Scotland) Act 1994[2];

"the 2002 Act" means the Water Industry (Scotland) Act 2002; and

"an authority" means a new water and sewerage authority.

General consequential and savings provisions
     2. This Order is without prejudice to the provisions of the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999[3].

     3.  - (1) Any reference in any enactment to an authority shall, insofar as may be necessary or expedient for the purposes of the exercise of any function by Scottish Water, be construed as a reference to Scottish Water.

    (2) Any thing done or treated by virtue of any enactment as having been done by, to or in relation to an authority in connection with the discharge of any of its functions shall be treated as having been done by, to or in relation to Scottish Water.

    (3) The things referred to in paragraph (2) include, in particular -

(a) any agreement, charges scheme, instrument, decision, designation, determination, declaration or order made or treated as having been made by an authority;

(b) any notice or direction given or treated as given by or to an authority;

(c) any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or annexation granted or treated as granted by or to an authority;

(d) any application, request, proposal or objection made or treated as made by or to an authority;

(e) any fee paid to or by an authority;

(f) any conditional requirement imposed or treated as opposed by or on an authority;

(g) any proceedings instituted by or against an authority;

(h) any appeal allowed by or in favour of or against an authority; or

(i) any obligation owed to or by an authority in respect of any order made under section 79 of the 1994 Act.

     4.  - (1) Subject to paragraph (2) below, the charges scheme made by each authority and approved under section 76 of the 1994 Act for the financial year beginning 1st April 2002 shall have effect as if made by Scottish Water under section 31 of the 2002 Act and approved under section 32 of that Act.

    (2) Each scheme referred to in paragraph (1) above shall have effect in relation to the water area and the sewerage area of the authority that made it.

    (3) The provisions of this article apply to any charges scheme referred to in the Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002[4] as they apply to the charges schemes referred to in paragraph (1) above.

     5.  - (1) Subject to paragraph (2) below, the code of practice drafted by each authority and approved under section 66 of the 1994 Act which had effect on 31 March 2002 shall continue in effect until the customer standards code to be prepared under section 26 of the 2002 Act is approved under section 27 of that Act.

    (2) Each code referred to in paragraph (1) above shall continue to have effect only in relation to the water area and sewerage area of the authority that drafted it.

The Water Services Charges (Billing and Collection) (Scotland) Order 2002
     6.  - (1) The Water Services Charges (Billing and Collection) (Scotland) Order 2002[5] is amended as follows.

    (2) In Article 1(2) the definitions of "the appropriate water authority", "the East Authority", "the first added area", "the second added area", "the third added area", "the North Authority", "water authority" and "the West Authority" are deleted.

    (3) In Article 2, for "a water authority" substitute "Scottish Water".

    (4) In Article 3(1)-

(a) the words "(other than those referred to in Articles 4 and 5 below)" are deleted; and

(b) for "the appropriate water authority" substitute "Scottish Water".

    (5) Articles 4 and 5 are deleted.

    (6) In Article 6-

(a) in paragraph (1)-


(i) for "a water authority" substitute "Scottish Water"; and

(ii) the words ", 4 or 5" are deleted;



(b) in paragraph (2) the words "4 or 5" and "(as the case may be)" are deleted; and

(c) in paragraph (3) for the words "a water authority" and "that water authority" substitute "Scottish Water".

    (7) In Article 7-

(a) the words ", 4, 5(1)" are deleted; and

(b) for "the water authority to which the obligation in question is owed" substitute "Scottish Water".

    (8) In Article 8(4)-

(a) in sub-paragraph (a) for "a water authority" substitute "Scottish Water" and

(b) in sub-paragraph (b), for "that authority" substitute "Scottish Water".

    (9) In Article 13-

(a) in paragraph (3)-


(i) for the words "A water authority" substitute "Scottish Water";

(ii) for the words "such an authority", substitute "it";

(iii) the word "relevant" is deleted;

(iv) for the words "the authority" in both places they occur substitute "Scottish Water"; and



(b) paragraph (4) is deleted.

The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002
     7.  - (1) The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002[6] are amended as follows.

    (2) In regulation 2-

(a) for the definition of "charges scheme", substitute ""charge scheme" means a charges scheme made under section 76 of the Local Government etc (Scotland) Act 1994 for the period beginning 1st April 2002;"; and

(b) the definition of "new water and sewerage authority" is deleted.

    (3) In regulation 3(a) for "a new water and sewerage authority" substitute "Scottish Water".

    (4) In regulation 4(2) in the definition of "E" for "the new water and sewerage authority" substitute "Scottish Water".

The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992
     8.  - (1) The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992[7] are amended as follows.

    (2) In regulation 1(2), after the definition of "the 1994 Act" there is inserted ""the 2002 Act" means the Water Industry (Scotland) Act 2002;".

    (3) In regulations 17(2)(b), 28(4) and 28A(c) after the words "the 1994 Act", there is inserted "or section 37 of the 2002 Act.".

    (4) In regulation 30-

(a) in paragraph (1)-


(i) for the words "and paragraph 2(2) of Schedule 10 to the 1994 Act" substitute ", paragraph 2(2) of Schedule 10 of the 1994 Act and paragraph 2(2) of schedule 4 to the 2002 Act";

(ii) at the end of paragraph (1)(a) there is added-


     " or within sub-paragraph (1) of paragraph 1 of the said Schedule 4"; and



(iii) in paragraph (1)(d), for the words "Order 1996" there is substituted "Orders 1996, 1997, 1998 and 2002"; and



(b) in paragraph (2), after the words "the 1994 Act" there is inserted-



     " or within sub-paragraph (1) of paragraph 1 of schedule 4 to the 2002 Act".

ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
28th March 2002

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, made under sections 24(3), 68(2), (3) and 69, of the Water Industry Act 2002 (asp 3) sets out additional provisions relating to the transfer of functions, property and liabilities from the new water and sewerage authorities to Scottish Water. Article 3 makes consequential and savings provisions relating to the transfer of property and liabilities. Articles 4 and 5 make provision to save the current charges schemes and codes of practice made under the provisions of Local Government etc. (Scotland) Act 1994 until a replacement scheme and code can be made under the provisions of the Water Industry (Scotland) Act 2002. Article 6 makes consequential provisions relating to the billing and collection of water and sewerage charges by local authorities.. Article 7 makes consequential provisions arising from the provisions of a domestic water and sewerage charges reduction scheme. Article 8 makes consequential provisions to the Council Tax (Administration and Enforcement) (Scotland) Regulations 2002 to allow local authorities to recover charges due to Scottish Water.

[1] 2002 asp 3.back

[2] 1994 c.39.back

[3] S.I. 1999/1379.back

[4] S.S.I. 2002/167.back

[5] S.S.I. 2002/33.back

[6] S.S.I. 2002/47.back

[7] S.I. 1992/1332. Relevant amendments and additions were made by S.I. 1996/430.back

ISBN 0 11061338 4