The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/558 |
| Year | 2019 |
Statutory Instruments
2019 No. 558
Exiting The European Union
Agriculture, England
Coast Protection, England
Companies, England And Wales
Environmental Protection, England
Flood Risk Management, England
Insolvency, England And Wales
Insurance
Public Health, England And Wales
Water
Water Industry, England And Wales
Water Resources
The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019
Made
20th March 2019
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018
M1
.
A draft of this instrument has been laid before and approved by a resolution of each House of Parliament pursuant to paragraph 1(1) of Schedule 7 to that Act.
Marginal Citations
M1
2018 c. 16.
(1)
These Regulations may be cited as the Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
(2)
Subject to paragraph (3), an amendment or revocation made by Parts 2 to 4 has the same extent and application as the provision amended or revoked.
(3)
Regulation 6 does not apply in relation to Scotland.
Commencement Information
I1
Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
In section 174(2)(k) of the Water Act 1989
M2
, for “an EU obligation” substitute
“ a retained EU obligation ”
.
Marginal Citations
M2
1989 c. 15; section 174(2)(k) was amended by S.I. 2011/1043.
Commencement Information
I2
Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
(1)
M3
is amended as follows.
(2)
In section 2(7)
M4
, for “EU obligation” substitute
“ retained EU obligation ”
.
(3)
In section 92
M5
—
(a)
in the heading, at the end insert
“ etc. ”
;
(b)
in subsection (1)—
(i)
in the words before paragraph (a) omit “enabling Her Majesty's Government in the United Kingdom to give effect”;
(ii)
for paragraph (a) substitute—
(a)
giving effect to any retained EU obligations, or
;
(iii)
at the beginning of paragraph (b) insert
“ enabling Her Majesty's Government in the United Kingdom to give effect ”
.
(4)
In section 127(3)(a)
M6
, for the words from “enabling” to “obligation or” substitute
“ giving effect to any retained EU obligation or enabling Her Majesty's Government in the United Kingdom to give effect ”
.
(5)
In section 131(3)(a)
M7
, for the words from “enabling” to “obligation or” substitute
“ giving effect to any retained EU obligation or enabling Her Majesty's Government in the United Kingdom to give effect ”
.
(6)
In section 206(3)(k)
M8
, for “an EU obligation” substitute
“ a retained EU obligation ”
.
Marginal Citations
M3
1991 c. 56.
M4
Section 2(7) was inserted by section 39(9) of the Water Act 2003 (c. 37) and amended by section 24(2) of the Water Act 2014 (c. 21) and by S.I. 2011/1043.
M5
Section 92(1)(a) was amended by S.I. 2011/1043.
M6
Section 127(3)(a) was amended by S.I. 2011/1043.
M7
Section 131(3)(a) was amended by S.I. 2011/1043.
M8
Section 206(3)(k) was amended by S.I. 2011/1043.
Commencement Information
I3
Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
(1)
M9
is amended as follows.
(2)
In section 93
M10
—
(a)
in subsection (1B), for the words from “enabling” to “in relation to” substitute
“ achievement of ”
;
(b)
omit subsection (2C);
(c)
in subsection (7), at the appropriate places insert the following definitions—
“environmental objectives”—
(a)
in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);
(b)
in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);
(c)
in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning as in those regulations;
;
“
hydromorphological quality element
” has the same meaning as in the Water Framework Directive;
;
“
the WFD Regulations
” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407).
.
(3)
In section 102
M11
—
(a)
in the heading, at the end insert
“ etc. ”
;
(b)
in the words before paragraph (a), omit “enabling Her Majesty's Government in the United Kingdom to give effect”;
(c)
for paragraph (a) substitute—
(a)
giving effect to any retained EU obligations, or
;
(d)
at the beginning of paragraph (b) insert
“ enabling Her Majesty's Government in the United Kingdom to give effect ”
.
(4)
In section 116
M12
—
(a)
in the heading, at the end insert
“ etc. ”
;
(b)
in subsection (1)—
(i)
in the words before paragraph (a), omit “enabling Her Majesty's Government in the United Kingdom to give effect”;
(ii)
for paragraph (a) substitute—
(a)
giving effect to any retained EU obligations, or
;
(iii)
at the beginning of paragraph (b) insert
“ enabling Her Majesty's Government in the United Kingdom to give effect ”
.
(5)
In each of sections 161ZA
M13
and 161ZB
M14
omit subsection (3).
(6)
In section 161ZC
M15
—
(a)
in subsection (8), omit the words from “and in sections” to the end;
(b)
after subsection (8) insert—
(9)
In sections 161ZA and 161ZB, “
environmental objectives
”, “
hydromorphological quality element
” and “
” have the meanings given by section 93(7) of this Act.
.
(7)
In section 204(2)(k)
M16
, for “an EU obligation” substitute
“ a retained EU obligation ”
.
Marginal Citations
M9
1991 c. 57.
M10
Section 93 was amended by S.I. 2009/3104, 2013/755 (W. 90) and 2018/942.
M11
Section 102(a) was amended by S.I. 2011/1043.
M12
Section 116(1)(a) was amended by paragraph 22 of Schedule 16 to the Marine and Coastal Access Act 2009 (c. 23) and by S.I. 2011/1043 and 2013/755 (W. 90). Article 4 of S.I. 1999/1746 disapplied section 116 in relation to part of the River Esk.
M13
Section 161ZA(3) was inserted by S.I. 2009/3104 and amended by S.I. 2013/755 (W. 90).
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