The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/558

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 20181.

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.

1 Introductory

PART 1

Introductory

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(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.

2 Amendment of primary legislation

PART 2

Amendment of primary legislation

S-2 Water Act 1989

Water Act 1989

2. In section 174(2)(k) of the Water Act 19892, for “an EU obligation” substitute “a retained EU obligation”.

S-3 Water Industry Act 1991

Water Industry Act 1991

3.—(1) The Water Industry Act 19913is amended as follows.

(2) In section 2(7)4, for “EU obligation” substitute “retained EU obligation”.

(3) In section 925

(a)

(a) in the heading, at the end insert “etc.”;

(b)

(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)

“(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)6, 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)7, 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)8, for “an EU obligation” substitute “a retained EU obligation”.

S-4 Water Resources Act 1991

Water Resources Act 1991

4.—(1) The Water Resources Act 19919is amended as follows.

(2) In section 9310

(a)

(a) in subsection (1B), for the words from “enabling” to “in relation to” substitute “achievement of”;

(b)

(b) omit subsection (2C);

(c)

(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 10211

(a)

(a) in the heading, at the end insert “etc.”;

(b)

(b) in the words before paragraph (a), omit “enabling Her Majesty’s Government in the United Kingdom to give effect”;

(c)

(c) for paragraph (a) substitute—

“(a)

“(a) giving effect to any retained EU obligations, or”;

(d)

(d) at the beginning of paragraph (b) insert “enabling Her Majesty’s Government in the United Kingdom to give effect”.

(4) In section 11612

(a)

(a) in the heading, at the end insert “etc.”;

(b)

(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)

“(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 161ZA13and 161ZB14omit subsection (3).

(6) In section 161ZC15

(a)

(a) in subsection (8), omit the words from “and in sections” to the end;

(b)

(b) after subsection (8) insert—

S-9

“9 In sections 161ZA and 161ZB, “environmental objectives”, “hydromorphological quality element” and “Water Framework Directive” have the meanings given by section 93(7) of this Act.”.

(7) In section 204(2)(k)16, for “an EU obligation” substitute “a retained EU obligation”.

S-5 Water Act 2014

Water Act 2014

5. In paragraph 5(b) of Schedule 8 to the Water Act 201417, for the words from “obligations” to “treaties” substitute “retained EU obligations”.

3 Amendment of secondary legislation

PART 3

Amendment of secondary legislation

S-6 The Sludge (Use in Agriculture) Regulations 1989

The Sludge (Use in Agriculture) Regulations 1989

6. After regulation 11 of the Sludge (Use in Agriculture) Regulations 198918, insert—

S-12

Reporting

12.—(1) The appropriate authority must prepare and publish a report on the implementation of these Regulations.

(2) A report under paragraph (1) must be published in such manner as the appropriate authority considers appropriate.

(3) The first report under this regulation must be published by 31st December 2019.

(4) Subsequent reports under this regulation must be published at intervals not exceeding three years.

(5) In this regulation, the “appropriate authority” means—

(a)

(a) in relation to England, the Secretary of State;

(b)

(b) in relation to Wales, the Welsh Ministers.”.

S-7 The Urban Waste Water Treatment (England and Wales) Regulations 1994

The Urban Waste Water Treatment (England and Wales) Regulations 1994

7.—(1) The Urban Waste Water Treatment (England and Wales) Regulations 199419are amended as follows.

(2) In regulation 5—

(a)

(a) in paragraph (1)(a)—

(i) for “such” substitute “a”;

(ii) omit the words from “as” to “Directive”;

(b)

(b) in paragraph (5), omit the words from “and with” to “Directive”;

(c)

(c) in paragraph (6), omit the words from “for the purpose” to the end;

(d)

(d) in paragraph (8)(a), for “the Directive and other Community Directives” substitute “retained EU law”.

(3) After regulation 12 insert—

S-12A

Reporting

12A.—(1) The appropriate authority must prepare and publish a situation report on the disposal of urban waste water and sludge.

(2) The appropriate authority must review and assess compliance with these Regulations in each agglomeration and prepare and publish a report on—

(a)

(a) the level of that compliance;

(b)

(b) identified reasons for non-compliance where applicable;

(c)

(c) proposed measures to achieve compliance with these Regulations.

(3) A report under paragraph (1) and (2) must be published in such manner as the appropriate authority considers appropriate.

(4) The first reports under paragraphs (1) and (2) must be published by 31st December 2020.

(5) Subsequent reports must be published at intervals not exceeding two years.

(6) In this regulation, the “appropriate authority” means—

(a)

(a) in relation to England, the Secretary of State;

(b)

(b) in relation to Wales, the Welsh Ministers.”.

(4) In regulation 13—

(a)

(a) in the words before paragraph (a)—

(i) for “the following obligations” substitute “the obligations of the Secretary of State and the Welsh Ministers under regulation 12A to publish a report”;

(ii) after “the Secretary of State” insert “and the Welsh Ministers”;

(b)

(b) omit paragraphs (a) and (b).

(5) In Part 1 of Schedule 1, in paragraph (c), for “Council Directives” substitute “retained EU law”.

(6) In Part 1 of Schedule 3, in paragraph 4, for “any other relevant Community Directives” substitute “retained EU law”.

(7) In Schedule 4, for “other Community Directives” substitute “retained EU law”.

S-8 The Water Supply (Water Fittings) Regulations 1999

The Water Supply (Water Fittings) Regulations 1999

8.—(1) The Water Supply (Water Fittings) Regulations 199920are amended as follows.

(2) In regulation 1(2), omit the definitions of “EEA Agreement” and “EEA State”.

(3) In regulation 4—

(a)

(a) omit paragraph (2)(a);

(b)

(b) in paragraph (2)(c), omit “of an EEA State”;

(c)

(c) in paragraph (6)(a)—

(i) omit the words from “, a European” to “paragraph (2)(a)”;

(ii) omit “of an EEA State”.

S-9 The Drinking Water (Undertakings) (England and Wales) Regulations 2000

The Drinking Water (Undertakings) (England and Wales) Regulations 2000

9. In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 200021, for “implements” substitute “implemented”.

S-10 The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003

The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003

10.—(1) The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 200322are amended as follows.

(2) In regulation 4, for paragraph (2) substitute—

S-2

“2 In this regulation—

(a) “environmental objectives” means the objectives set under regulation 12, in accordance with regulation 13, of the principal Regulations (as applied by regulation 5 of these Regulations);

(b) “programme of measures” means the programme of measures established under regulation...

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