The Water Act 1989 (Commencement No. 3) (Scotland) Order 1989

Made: 28th August 1989

The Secretary of State for Scotland, in exercise of the powers conferred on him by section 194(4) of the Water Act 1989( [^f00001]) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Water Act 1989 (Commencement No. 3) (Scotland) Order 1989.

• (2) In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Water Act 1989.

Commencement

2

Except insofar as they are already in force in accordance with section 194(2), the provisions specified in the Schedule to this Order shall come into force in Scotland on 1st September 1989.

SCHEDULE

Provisions coming into force on 1st September 1989.

• Section 13 so far as relating to any scheme under Schedule 5

• Section 172

• Schedule 1, paragraphs 11 and 13 and section 1 so far as relating to those paragraphs of that Schedule

• Schedule 2 and section 4 so far as relating to any scheme under that Schedule

• Schedule 3, paragraphs 6 and 7 and section 5 so far as relating to those paragraphs of that Schedule

• Schedule 4, paragraph 6 and section 6 so far as relating to that paragraph of that Schedule

• Schedule 25, paragraphs 4, 12, 17, 22, 36, 41, 46, 56 and 60 and section 190 so far as relating to those paragraphs of that Schedule

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 28th August 1989

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st September 1989 the provisions of the Water Act 1989 extending to Scotland which are not brought into force directly by section 194(2) or (3) of the Act other than—

section 141(5) and Schedule 17, paragraph 4 (amendment of section 15 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26));

section 169 and Schedule 23 so far as relating to sections 33, 47 and 48 of the Control of Pollution Act 1974 (c. 40) (provisions not yet in force relating to sanitary appliances on and waste from vessels and exclusion of vessels from inland waters); and

Part II of Schedule 27 insofar as it relates to the House of Commons Disqualification Act 1975 (c. 24) and that part of section 190 which relates to that Part.

The provisions brought into force by this Order empower the Secretary of State to agree to indemnify water authorities against certain liabilities and costs arising in connection with fluoridation of the water supply (section 172) and make certain minor and consequential amendments (Schedule 25) mostly following on the coming into force of the main Scottish provisions (amendment of the Water (Scotland) Act 1980 (c. 45) and Part II of the Control of Pollution Act 1974) also on 1st September 1989 by virtue of section 194(3) of the Act (see Water Authorities (Transfer of Functions) (Appointed Day) Order 1989, S.I. 1989/1530). The Order also brings into force provisions which are consequential on the establishment of the National Rivers Authority and the successor companies to the water authorities in England and Wales.

Footnotes

[^f00001]: 1989 c. 15