Water Services (No. 2) Act 2013

45.

Amendment of Act of 2007

45. (1) Section 9 of the Act of 2007 is amended—

(a) in subsection (1) by deleting “(whether or not the offence is committed in its functional area)”, and

(b) by deleting subsection (2).

(2) Section 11 of the Act of 2007 is amended—

(a) in subsection (1) by deleting—

(i) “which brought the prosecution, or person specified under regulations made under section 9(2) as the case may be”, and

(ii) “or other person”,

and

(b) in subsection (2) by deleting “or person specified under regulations made under section 9(2)”.

(3) Section 31 of the Act of 2007 is amended—

(a) in subsection (2)—

(i) by deleting “Subject to regulations made under subsection (3),” and “in its functional area”, and

(ii) in paragraph (a) by deleting “in its functional area”,

(b) in subsection (5) by deleting “in part or all of its functional area”,

(c) in subsection (12) by deleting—

(i) “other than with a group water services scheme or another water services authority”, and

(ii) paragraph (b),

and

(d) by deleting subsections (1), (3), (7), (9), (11), (13), (14), (15), (16), (17), (18) and (20).

(4) Section 32 of the Act of 2007 is amended—

(a) in subsection (1)—

(i) by deleting “, and shall when directed by the Minister,” and “, whether within or outside its functional area,”,

(ii) in paragraph (j) by deleting “in part or all of its functional area or elsewhere as appropriate”, and

(iii) in paragraph (l) by deleting “within its functional area”,

and

(b) by deleting subsections (2), (3), (4), (5), (7), (8), (9), (10), (11) and (12).

(5) Section 41 of the Act of 2007 is amended—

(a) in subsection (1), by substituting the following definition for the definition of “road authority”:

“‘road authority’ means—

(a) in the case of a toll road within the meaning of Part V of the Roads Act 1993, the National Roads Authority, and

(b) in all other cases, a local authority within the meaning of the Act of 2001, other than a local authority referred to in Part 2 of Schedule 6 to that Act.”,

and

(b) by deleting subsections (13) and (14).

(6) Section 42 of the Act of 2007 is amended—

(a) in paragraph (b) of subsection (1) by deleting “in the functional area of the authority”, and

(b) in paragraph (b) of subsection (2) by deleting “in the functional area of the authority”.

(7) Section 44 of the Act of 2007 is amended in subsection (1) by deleting “in the functional area of a water services authority” and “of that area”.

(8) Section 50 of the Act of 2007 is amended in subsection (2) by deleting “in its functional area”.

(9) Section 54 of the Act of 2007 is amended in subsection (3) by deleting “, and shall on request from an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services in relation to a matter affecting a waterworks under his or her control,”.

(10) Section 56 of the Act of 2007 is amended in subsection (16) by deleting “in all or part of its functional area”.

(11) Section 58 of the Act of 2007 is amended in subsection (1)—

(a) in paragraph (a) by deleting “serving any part of its functional area,”, and

(b) by deleting paragraph (b).

(12) Section 63 of the Act of 2007 is amended by deleting subsection (13).

(13) Section 65 of the Act of 2007 is amended in subsection (3) by deleting “that granted it”.

(14) Section 68 of the Act of 2007 is amended by deleting subsection (3).

(15) Section 69 of the Act of 2007 is amended in subsection (5) by deleting “by which it was made”.

(16) Section 70 of the Act of 2007 is amended in subsection (5) by substituting “when a leak” for “in whose functional area a leak”.

(17) Section 73 of the Act of 2007 is amended by deleting subsection (2).

(18) Section 92 of the Act of 2007 is amended by deleting subsection (3).

(19) Section 93 of the Act of 2007 is amended in paragraph (a) of subsection (2) by deleting “to its functional area”.

(20) Section 95 of the Act of 2007 is amended—

(a) in subsection (1) by deleting “whether or not it is situated in its functional area,”,

(b) in paragraph (a) of subsection (2) by deleting “whether within or outside its functional area”, and

(c) by deleting subsection (3).

(21) Section 97 of the Act of 2007 is amended by deleting subsection (6).

(22) Section 98 of the Act of 2007 is amended in subsection (3) by deleting “in whose functional area the relevant pipes or accessories are situated”.

(23) Section 104 of the Act of 2007 is amended by deleting subsection (10).

(24) The amendments of the Act of 2007 effected by this section shall not have effect for the purposes of the operation of an excluded provision.