Water Act 1989

• (5) In section 35 of the 1945 Act (property in and damage to water fittings)—

• (a) in subsection (2), for the words “fittings let for hire by the undertakers”, “undertakers as the actual owners” and “by, the undertakers” there shall be substituted, respectively, the words “water fittings let for hire by a water undertaker”, “water undertaker as the actual owner” and “by, the undertaker”; and

• (b) in subsection (4), for the words “the undertakers” there shall be substituted, in the first place where they occur, the words “a water undertaker” and, in the second place, the words “the water undertaker”.

• (6) In section 41 of the 1945 Act (power of companies to issue redeemable stock)—

• (a) in subsection (1), for the words “all” to “may have” there shall be substituted the words “every statutory water company (within the meaning of the Water Act 1989) which has created and issued any redeemable stock or has”;

• (b) in subsections (2) to (6), for the word “undertakers”, wherever it occurs, there shall be substituted the word “company”; and

• (c) in paragraph (b) of the proviso to subsection (3), after the word “enactment” there shall be inserted the words “or resolution”.

• (7) In section 43 of the 1945 Act (appointment of officers as directors), for the words from the beginning to “then” there shall be substituted the words “Subject to any provision of a memorandum and articles having effect by virtue of an order made for the purposes of section 101(2)(c) of the Water Act 1989 (substitution of memorandum and articles) and to any modification of any such memorandum and articles, the following provisions shall have effect in relation to any statutory water company (within the meaning of that Act)”.

• (8) In section 45 of the 1945 Act (false information), for the words “record or journal or in furnishing any return, abstract or” there shall be substituted the words “journal or in furnishing any”.

• (9) Section 46 of the 1945 Act (restriction on right to prosecute) shall cease to have effect.

• (10) In section 56 of the 1945 Act (service of notices etc.), for the words from “consent” to “either” there shall be substituted the words “which is required by any provision of this Act to be given to any person may be given”.

• (11) In section 59(1) of the 1945 Act (interpretation), in the definition of “watercourse”, for the words “local authority or a water authority” there shall be substituted the words “sewerage undertaker”.

The Requisitioned Land and War Works Act 1945 (c. 43)

8

In section 17(1) of the Requisitioned Land and War Works Act 1945 (publication of proposed orders relating to highways)—

• (a) in paragraph (b), after the word “water,” there shall be inserted the word “sewerage,”; and

• (b) after that paragraph there shall be inserted the following paragraph—

(bb) to be sent to the National Rivers Authority where the National Rivers Authority has any mains or pipes laid along, across, over or under any such highways as aforesaid; and

.

The Fire Services Act 1947 (c. 41)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Requisitioned Land and War Works Act 1948 (c. 17)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Coast Protection Act 1949 (c. 74)

11

• (1) In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards)—

• (a) in subsection (2)(b), for the words from the beginning to “drainage authority” there shall be substituted the words “the National Rivers Authority and any sea defence commissioners, internal drainage board”; and

• (b) in subsection (8)(a), for the words from the beginning to “drainage authority” there shall be substituted the words “in relation to the National Rivers Authority, an internal drainage board”.

• (2) In section 5 of that Act (objections to, and approval of, proposals to carry out coast protection work)—

• (a) in subsection (1), for the words from “on any” to “whose area” there shall be substituted the words “on the National Rivers Authority and on any internal drainage board in whose district”; and

• (b) in subsection (6), for the words from “in the area” onwards there shall be substituted the words

the coast protection authority shall, before or as soon as possible after the commencement of the work, give notice of the nature of the work— (a) to the National Rivers Authority where it is not represented on the coast protection authority; and (b) to any internal drainage board which are not so represented and in whose district the work is to be or has been carried out.

• (3) In section 8(1) of that Act (notice to be given where a coast protection authority prepares a works scheme), for the words from “on any” to “whose area” there shall be substituted the words “on the National Rivers Authority and on any internal drainage board in whose district”.

• (4) In section 16(4) of that Act (notice to be given to a coast protection authority for an adjoining area before an application relating to coast protection work is determined), for the words from “and to any” onwards there shall be substituted the words “and to the National Rivers Authority and to any internal drainage board whose district comprises the whole or any part of their area, and shall consider any representations made by the National Rivers Authority or by any such authority or board.”

• (5) In section 17 of that Act (notification to coast protection authority of coast protection work to be carried out by certain authorities)—

• (a) in subsection (3), for the words from “and to any” to “whose area” there shall be substituted the words “to the National Rivers Authority and to any internal drainage board whose district”; and

• (b) in subsection (9), for the words from “served” to “drainage authority” there shall be substituted the words “served by the National Rivers Authority or an internal drainage board”.

• (6) In section 45(1)(b) of that Act (service of notices and other documents), for the words from “or a coast” to “drainage authority” there shall be substituted the words “including the National Rivers Authority and an internal drainage board, or a coast protection board”.

• (7) In section 47 of that Act (savings), for paragraph (c) there shall be substituted the following paragraph—

(c) authorise or require any person— (i) to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable by the National Rivers Authority or an internal drainage board, or (ii) to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained by the National Rivers Authority or an internal drainage board, unless the National Rivers Authority or the internal drainage board consents or the work is done by, or under a scheme prepared by, a coast protection board on which the National Rivers Authority or the internal drainage board is represented and is to be carried out in the area of that coast protection board;

.

• (8) In paragraph 1(b) of Schedule 1 to that Act (procedure for making orders), for the words from the beginning to “drainage authority” there shall be substituted the words “on the National Rivers Authority and on any sea defence commissioners, coast protection board, internal drainage board”.

• (9) In Schedule 2 to that Act (provisions as to orders restricting excavation of materials from the seashore), in each of paragraphs 2 and 12, for the words from “any catchment” to “whose area” there shall be substituted the words “the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,”.

The Agricultural Holdings (Scotland) Act 1949 (c. 75)

12

In section 28 of the Agricultural Holdings (Scotland) Act 1949 (Land Court may grant certificate of failure to fulfil responsibilities to farm in accordance with rules of good husbandry), at the end there shall be added the words—

The National Parks and Access to the Countryside Act 1949 (c. 97)

13

• (1) In section 20(2) of the National Parks and Access to the Countryside Act 1949 (byelaws for protection of nature reserves), in the proviso, for the words from “undertakers” to “drainage authority” there shall be substituted the words “undertakers, or an internal drainage board”.

• (2) In section 99(6) of that Act (contributions by local authorities), for the words from “incurred by” to “being” there shall be substituted the words “incurred by the National Rivers Authority or an internal drainage board being”.

• (3) In Schedule 1 to that Act (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(4)—

• (a) for the words “the persons carrying on a statutory undertaking, being a water undertaking,” there shall be substituted the words “the National Rivers Authority or a water undertaker”; and

• (b) for the words “the undertaking” there shall be substituted the words “the statutory undertaking carried on by that Authority or, as the case may be, undertaker”.

The Public Utilities Street Works Act 1950 (c. 39)

14

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The Border Rivers (Prevention of Pollution) Act 1951 (c. 7)

15

The Border Rivers (Prevention of Pollution) Act 1951 shall cease to have effect.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

16

In section 20(4) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (modifications of Rent Acts as respects occupation by employees), for the words from “or to provide” onwards there shall be substituted the words “or being powers or duties of an internal drainage board.”

The Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)

17

In section 18(6) and section 19(3) of the Rivers (Prevention of Pollution) (Scotland) Act 1951, for the words from “tidal waters” to “an authority” there shall be substituted the words “controlled waters within the meaning of section 30A of the Control of Pollution Act 1974” and for the word “authority’s” there shall be substituted the words “river purification authority’s”.

The Finance Act 1952 (c. 33)

18

Subsections (1)(a) and (2) of section 74 of the Finance Act 1952 (stamp duties in relation to the transfer of undertakings of any water undertakers) shall cease to have effect.

The Town Development Act 1952 (c. 54)

19

• (1) In section 2(2) of the Town Development Act 1952 (contributions to specified expenses)—

• (a) for paragraph (e) there shall be substituted the following paragraph—

(e) payments under section 41 of the Water Act 1989 in respect of the provision of a water main needed for the purposes or in consequence of the development;

• (b) in paragraph (ee), for the words “section 16 of the Water Act 1973” there shall be substituted the words “section 72 of the Water Act 1989”; and

• (c) in paragraph (f), for the words from “to a” to “drainage authority”, in the second place where those words occur, there shall be substituted the words “to the National Rivers Authority or to an internal drainage board in respect of expenses incurred by the National Rivers Authority or the internal drainage board”.

• (2) In section 8(1)(b) of that Act (the kinds of action for which provision for participation by agreement may be made), for the words from “participating council” to “being action” there shall be substituted the words “participating council, being action”.

• (3) In section 16 of that Act (contributions to expenses of land drainage works), for the words from “incurred by” to “drainage authority” there shall be substituted the words “incurred by the National Rivers Authority or by an internal drainage board”.

The Local Government (Miscellaneous Provisions) Act 1953 (c. 26)

20

Section 6(2) of the Local Government (Miscellaneous Provisions) Act 1953 (which makes provision as to access to sewers and other apparatus) shall have effect as if the references to water undertakers included references to the Authority, a water undertaker and a sewerage undertaker.

The Rural Water Supplies and Sewerage Act 1955 (c. 13)

21

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The Valuation and Rating (Scotland) Act 1956 (c. 60)

22

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The Coal-Mining (Subsidence) Act 1957 (c. 59)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Manoeuvres Act 1958 (c. 7)

24

• (1) In section 1(3)(a) of the Manoeuvres Act 1958 (notice to certain bodies where provision to authorise execution of manoeuvres is proposed in parts of their areas), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

(i) to the National Rivers Authority and to any local authority or parish or community council any part of whose area is included in the manoeuvres area;

.

• (2) In section 2(1) of that Act (powers exercisable for purposes of manoeuvres)—

• (a) in the proviso, for the words “source of supply belonging to a private owner or public authority” there shall be substituted the words “relevant source of supply”; and

• (b) after the proviso there shall be inserted the words—

In this section “relevant source of supply” means a source of supply which belongs to the National Rivers Authority, a water undertaker or a private owner, or from which the National Rivers Authority, a water undertaker or a private owner is authorised to take water.

The Finance Act 1958 (c. 56)

25

Subsection (5) of section 35 of the Finance Act 1958 (miscellaneous amendments in connection with stamp duty) shall cease to have effect.

The Opencast Coal Act 1958 (c. 69)

26

• (1) In section 7 of the Opencast Coal Act 1958 (limitation on compulsory rights orders)—

• (a) in subsection (2)(c), for the words from “or of the body” to “drainage authority,” there shall be substituted the words “or of any internal drainage board”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 12(1) of that Act (removal and disposal of chattels from land comprised in compulsory rights order), in the proviso, for the words from “or to the body” to “that authority” there shall be substituted the words “and used by those undertakers for the purposes of their undertaking or belonging to an internal drainage board and used by that board”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 39(6)(b) of that Act (restrictions on powers to enter land for the purpose of carrying out operations), for the words from “a sewerage” to “drainage authority, to” there shall be substituted the words “by an internal drainage board, and those persons or that board object to the proposed operations on the ground that the carrying out of the operations would be seriously detrimental to the carrying on of their undertaking, or, in the case of an internal drainage board, to”.

• (5) In section 51(1) of that Act (interpretation), in the definition of “appropriate Minister”, in paragraph (e), for the words “drainage authority” there shall be substituted the words “internal drainage board”.

The Radioactive Substances Act 1960 (c. 34)

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

28

In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies in England and Wales), at the end there shall be inserted the following sub-paragraphs—

(i) regional and local flood defence committees; (j) advisory committees established and maintained under section 2 or 141 of the Water Act 1989; (k) customer service committees established and maintained under section 6 of that Act.

;

The Trustee Investments Act 1961 (c. 62)

29

• (1) In section 11(4)(a) of the Trustee Investments Act 1961 (authorities who may invest property in accordance with Local Authority investment schemes), for the words from “parish” to “the Common” there shall be substituted the words “parish, the Common”.

• (2) Paragraph 10 of Part II of Schedule 1 to that Act (investments in debentures or in guaranteed or preference stock of a statutory water company to be narrower-range investment) shall cease to have effect except in so far as it relates to the debentures or guaranteed or preference stock of a company which is a statutory water undertaker within the meaning of an enactment in force in Northern Ireland.

• (3) Sub-paragraph (2) above shall not require any property which immediately before the coming into force of this paragraph is, by virtue of the said paragraph 10, comprised in a particular part of any fund to be treated, for the purposes of that Act or any other purpose, as comprised in a different part of that fund.

The Pipe-lines Act 1962 (c. 58)

30

• (1) In section 37 of the Pipe-lines Act 1962 (fire brigades, police etc. to be notified of certain pipe-line accidents and to be furnished with information)—

• (a) in subsection (1)—

• (i) in paragraph (b), for the words from the beginning to “statutory water” there shall be substituted the words “to all statutory water”; and

• (ii) in paragraph (c), for the words “sewerage authorities” there shall be substituted the words “sewerage undertakers”;

• (b) in subsection (2)—

• (i) in paragraph (b), for the words from the beginning to “statutory water” there shall be substituted the words “in the case of any statutory water”; and

• (ii) in paragraph (c), for the words “sewerage authority” there shall be substituted the words “sewerage undertaker”.

• (2) In section 66(1) of that Act (interpretation)—

• (a) in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”; and

• (b) for the definition of “statutory water undertakers” there shall be substituted the following definition—

“statutory water undertakers” means the National Rivers Authority or a water undertaker;

.

The Harbours Act 1964 (c. 40)

31

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 58 of that Act (drainage and river authorities not to be harbour authorities for purposes of that Act if not possessing exceptional powers), for the words “a water authority” there shall be substituted the words “the National Rivers Authority, a water undertaker”.

• (3) In paragraph 6(2) of Schedule 3 to that Act (procedure for making harbour revision and empowerment orders), in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Gas Act 1965 (c. 36)

32

• (1) In section 8(5) of the Gas Act 1965 (liability to pay compensation where consent to controlled operations is refused), for the words from “or by” to “it shall” there shall be substituted the words “or by the National Rivers Authority, it shall”.

• (2) In section 9(5) of that Act (compensation for withdrawal of consent or variation of conditions), for the words from “or by” to “it shall” there shall be substituted the words “or by the National Rivers Authority, it shall”.

• (3) In section 15 of that Act (responsibility of public gas supplier for interference with supplies of water)—

• (a) in subsection (2)(a), for the words from “undertakers” to “shall” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall”;

• (b) in subsection (3), for the words from “undertakers”, in the first place where it occurs, to “provide” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall, if the statutory water undertakers or the National Rivers Authority provide”;

• (c) in subsection (4), for the words from “undertakers” to “shall” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall”;

• (d) in subsection (5)(b), for the words from “charges”, in the first place where it occurs, to “so payable” there shall be substituted the words

amounts payable— (i) by virtue of section 129 of the Water Act 1989; and (ii) in respect of the alternative supply of water to which subsection (3) or subsection (4) of this section relates, having regard to the amount, if any, which would have been payable as mentioned in sub-paragraph (i) above

; and

• (e) in subsection (10), for the words from “undertakers” to “or any” there shall be substituted the words “undertakers, the National Rivers Authority or any”.

• (4) In section 17(5) of that Act (duty of public gas supplier to make arrangements with various bodies on the occurrence of any accident), in paragraph (a) for the words from the beginning to “undertakers” there shall be substituted the words “for the National Rivers Authority and for every police force, fire authority, statutory water undertakers and sewerage undertaker”.

• (5) In section 28 of that Act (interpretation)—

• (a) in subsection (1), in the definition of “Minister concerned with water resources”, for paragraphs (a) to (c) there shall be substituted the following paragraph—

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

and

• (b) for the definition of “statutory water undertakers” in that subsection there shall be substituted the following definition—

“statutory water undertakers” means any water undertaker

;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In Schedule 2 to that Act (storage authorisation orders), in each of paragraphs 4(2), 7(3), 12(1) and 16(2)—

• (a) in paragraph (a), for the words from “authority, every” to “within” there shall be substituted the words “authority and every local authority who are not a local planning authority, being, in either case, an authority within”;

• (b) in paragraph (b), for the words “limits of supply” there shall be substituted the word “area”; and

• (c) after paragraph (b) there shall be inserted the following paragraph—

(bb) on the National Rivers Authority, and

;

and, in paragraph 12(6), after the words “paragraph (b)” there shall be inserted the words “or paragraph (bb)”.

• (7) In Schedule 3 to that Act (certificates as respects planning permission and grant of statutory licences to abstract water)—

• (a) in paragraph 4—

• (i) in sub-paragraph (1), for the words from “apply to” onwards there shall be substituted the words “apply to the National Rivers Authority for a certificate under this Schedule as respects those controlled operations.”;

• (ii) in sub-paragraph (2), for the words from the beginning to “shall” there shall be substituted the words “Where such an application is made, the National Rivers Authority shall”;

• (iii) in sub-paragraph (3), for the words from the beginning to “statutory” there shall be substituted the words “Where, in the opinion of the National Rivers Authority, a statutory”; and

• (iv) in sub-paragraph (4), for the words from the beginning to “shall” there shall be substituted the words “On issuing the certificate, the National Rivers Authority shall”;

• (b) in paragraph 5—

• (i) in sub-paragraph (1), for the words from the beginning to “have issued” there shall be substituted the words “Where the National Rivers Authority has issued”;

• (ii) in sub-paragraph (3), for the words from “and to” to “opportunity” there shall be substituted the words “and to the National Rivers Authority an opportunity”; and

• (iii) in sub-paragraph (4), for the words from the beginning to “had issued” there shall be substituted the words “Where an application is made to the National Rivers Authority for a certificate under this Schedule and at the expiry of any period prescribed by regulations under this Schedule (or if an extended period is at any time agreed upon in writing by the applicant and the National Rivers Authority, at the end of that period) no certificate has been issued by the National Rivers Authority in accordance with this Schedule, the foregoing provisions of this paragraph shall apply as if the National Rivers Authority had issued”;

and

• (c) in paragraph 6, for the words from “Schedule, the” to “or as” there shall be substituted the words “Schedule, the National Rivers Authority or as”.

• (8) In Part II of Schedule 4 to that Act (compulsory purchases affecting supplies of water), in paragraph 5—

• (a) in sub-paragraph (1), for the words from “undertakers or a” to “provide” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall, if the statutory water undertakers or the National Rivers Authority provide”;

• (b) in sub-paragraph (2), for the words from “undertakers” to “shall” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall”; and

• (c) in sub-paragraph (4)(b), for the words from “charges”, in the first place where it occurs, to “fees”, in the fourth place where it occurs, there shall be substituted the words “amounts payable, by virtue of section 129 of the Water Act 1989, in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the amounts payable by virtue of that section in respect of the protected right (or where amounts are payable by virtue of that section in respect of an alternative supply but no amounts”.

• (9) In Schedule 6 to that Act (power to enter on land and to prospect and survey land), in paragraph 2—

• (a) for sub-paragraph (3) there shall be substituted the following sub-paragraph—

(3) If notice of intention to carry out any such operations is given as respects land which is held by statutory undertakers or by an internal drainage board, and the statutory undertakers or the internal drainage board object to the proposed operations on the ground that the carrying out of the operations would be seriously detrimental to the carrying on of their undertaking or, in the case of an internal drainage board, to the performance of their functions, the operations shall not be carried out except with the consent of the appropriate Minister.

• (b) in sub-paragraph (4), for the words from “statutory” to “the undertakers” there shall be substituted the words “the National Rivers Authority or by statutory water undertakers unless he complies with any reasonable requirements imposed by the National Rivers Authority or, as the case may be, by the undertakers”; and

• (c) in sub-paragraph (6), for paragraph (c) there shall be substituted the following paragraph—

(c) when used in relation to an internal drainage board, means the Secretary of State or the Minister of Agriculture, Fisheries and Food.

The Nuclear Installations Act 1965 (c. 57)

33

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The Agriculture Act 1967 (c. 22)

34

In section 50(3) of the Agriculture Act 1967 (bodies which are excepted from control of sale of certain land), for paragraph (g) there shall be substituted the following paragraph—

(g) the National Rivers Authority or any water undertaker or sewerage undertaker;

.

The Leasehold Reform Act 1967 (c. 88)

35

In section 28(5) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after paragraph (e) there shall be inserted the following paragraph—

(ee) to the National Rivers Authority;

.

The Capital Allowances Act 1968 (c. 3)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Countryside Act 1968 (c. 41)

37

• (1) In section 8(4) of the Countryside Act 1968 (local authority to consult various bodies before providing certain recreational facilities), for the words from “of, any” to “such other” there shall be substituted the words “of, the National Rivers Authority and such”.

• (2) In section 12(4) of that Act (local planning authorities to consult various bodies before providing facilities in or near National Parks), for the words from “of, any” to “such other” there shall be substituted the words “of the National Rivers Authority and such”.

• (3) In section 13(7) of that Act (lakes in National Parks - exemption from the making of byelaws for lakes owned by certain bodies), for the words from “managed” onwards there shall be substituted the words “managed by any statutory undertakers”.

• (4) In section 16(7) of that Act (local planning authorities to consult certain bodies before making agreement or order relating to access to open country), for the words from “of, any” to “question and” there shall be substituted the words “of the National Rivers Authority, and”.

• (5) In section 38 of that Act (avoidance of pollution), for the words “statutory water undertakers or which statutory water undertakers are” there shall be substituted the words “the National Rivers Authority or a water undertaker or which that Authority or a water undertaker is”.

The Transport Act 1968 (c. 73)

38

• (1) In section 109 of the Transport Act 1968 (powers to maintain or take over waterways and connected works)—

• (a) in subsection (2)—

• (i) for paragraph (b) there shall be substituted the following paragraph—

(b) the National Rivers Authority;

• (ii) for paragraph (h) there shall be substituted the following paragraph—

(h) a water undertaker;

• (b) in subsection (3), for paragraph (b) there shall be substituted the following paragraph—

(b) the National Rivers Authority unless the Ministers (as defined in section 82(9) of the Water Resources Act 1963) have consented to the agreement or transfer;

and

• (c) in subsection (5)—

• (i) for the words from “authority or” to “may” there shall be substituted the words “authority may”; and

• (ii) for the words from “authorities (whether” to “who” there shall be substituted the words “authorities who”.

• (2) In section 112 of that Act (power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Waterways Board)—

• (a) in subsection (2), for the words from “any local” to “in whose” there shall be substituted the words “the National Rivers Authority or any local authority in whose”; and

• (b) in subsection (3)(a), for the words from “local authority” to “or the” there shall be substituted the words “local authority, the National Rivers Authority or the”.

• (3) In section 113(5) of that Act (byelaws in respect of waterways owned or managed by certain bodies), in the definition of “relevant authority”, for the words from “means” to “order)” there shall be substituted the words “means, except in a case where it is itself the applicant for the order, the National Rivers Authority or any local authority”.

• (4) In paragraph 5(2) of Schedule 13 to that Act (inquiries in connection with proposed orders relating to inland waterways), in paragraph (a), for the words from “authority or” onwards there shall be substituted the words “authority or the National Rivers Authority”.

The Post Office Act 1969 (c. 48)

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Authorities (Goods and Services) Act 1970 (c. 39)

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Agriculture Act 1970 (c. 40)

41

• (1) In section 98 of the Agriculture Act 1970 (extent of Part VI of that Act), for the words from “regional” to “1973” there shall be substituted the words “National Rivers Authority”.

• (2) Where before the transfer date there is power, by virtue of any saving under Part I of Schedule 3 to that Act, for grants to be made for any purposes to statutory water undertakers, then on and after that date that power shall be exercisable by virtue of that saving as a power to make grants for those purposes to water undertakers.

The Town and Country Planning Act 1971 (c. 78)

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1972 (c. 70)

43

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Schedule 13 to that Act (borrowing and lending by local authorities)—

• (a) in paragraph 1(a), for the words from “police” to “harbour” there shall be substituted the words “police or harbour”; and

• (b) in paragraph 13(2), for the words from “police” onwards there shall be substituted the words “police authority”.

The Land Compensation Act 1973 (c. 26)

44

• (1) In section 44(2) of the Land Compensation Act 1973 (compensation for injurious affection), after the words “Gas Act 1986” there shall be inserted the words “paragraph 3 of Schedule 18 to the Water Act 1989”.

• (2) In section 58(2) of that Act (determination of material detriment where part of house etc. proposed for compulsory acquisition), after the words “Gas Act 1986” there shall be inserted the words “paragraph 4 of Schedule 18 to the Water Act 1989”.

The Fair Trading Act 1973 (c. 41)

45

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Health and Safety at Work etc. Act 1974 (c. 37)

46

In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information)—

• (a) in subsection (3)(c), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,

;

and

• (b) in subsection (5)(b), for the words from “local authority” to “or board” there shall be substituted the words “body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body”.

The Consumer Credit Act 1974 (c. 39)

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Control of Pollution Act 1974 (c. 40)

48

• (1) In section 2(3)(a) of the Control of Pollution Act 1974 (duty of a disposal authority to consult various bodies in preparing or revising a waste disposal plan), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

(i) the National Rivers Authority, and

.

• (2) In section 3 of that Act (prohibition on unlicensed disposal of waste), after subsection (4) there shall be inserted the following subsection—

(5) In this section and subsections (5) and (6) of the following section “land” includes land covered with waters where the land is above the low-water mark of ordinary spring tides and the waters are not inland waters (within the meaning of Chapter I of Part III of the Water Act 1989).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In section 14 of that Act (disposal of waste in England and Wales)—

• (a) in subsection (9), for the words “water authority”, wherever they occur, there shall be substituted the words “sewerage undertaker”;

• (b) in subsection (10)—

• (i) for the words “water authority”, in both places where they occur, there shall be substituted the words “sewerage undertaker”; and

• (ii) for the words “the authority” there shall be substituted the words “the undertaker”;

and

• (c) for subsection (11) there shall be substituted the following subsection—

(11) For the purposes of so much of the Water Act 1989 as relates to charging by sewerage undertakers the reception and disposal by a sewerage undertaker or other person of matter delivered to it or him by another sewerage undertaker in pursuance of subsection (9) of this section shall be treated as a service provided for that other undertaker by the sewerage undertaker in the course of carrying out its functions.

• (6) In section 28(1) of that Act (supplementary provisions relating to pipes), for the words “21(4) or 26” there shall be substituted the words “or 21(4)”.

• (7) In section 62(2)(a) of that Act (exceptions to restrictions on the use of loudspeakers in a street), for the words “a water authority” there shall be substituted the words “the National Rivers Authority, a water undertaker or a sewerage undertaker”.

• (8) In section 73(1) of that Act (interpretation of Part III of that Act), in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

• (9) In section 90(2) of that Act (establishment charges and interest in respect of certain expenses of authorities), for the words from the beginning to “any other” there shall be substituted the words “Where a sum is payable to a”.

• (10) For section 95 of that Act there shall be substituted the following section—

(95) Section 187 of the Water Act 1989 (service of documents) shall apply for the purposes of the service of any document required or authorised by virtue of this Act to be served on or by a water undertaker or sewerage undertaker as it applies for the purposes of the service of any document required or authorised by virtue of that Act to be served on or by any person.

• (11) In section 98 of that Act (interpretation of Part V of that Act), in the definition of “relevant authority”, after the words “Middle Temple” there shall be inserted the words “and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker”.

The Reservoirs Act 1975 (c. 23)

49

In section 1(4)(a) of the Reservoirs Act 1975 (meaning of “undertakers” for the purposes of that Act), for the words “a water authority, that authority” there shall be substituted the words “the National Rivers Authority or a water undertaker, that Authority or, as the case may be, undertaker”.

The Coal Industry Act 1975 (c. 56)

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Development Agency Act 1975 (c. 70)

51

In section 27(1) of the Welsh Development Agency Act 1975 (interpretation), in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Local Land Charges Act 1975 (c. 76)

52

In section 1(1)(a) of the Local Land Charges Act 1975 (local land charges), after the words “water authority” there shall be inserted the words “sewerage undertaker”.

The Restrictive Trade Practices Act 1976 (c. 34)

53

In section 41(1)(a) of the Restrictive Trade Practices Act 1976 (disclosure of information), after the words “the Civil Aviation Authority,” there shall be inserted the words “the Director General of Water Services,” and after the words “or the Airports Act 1986” there shall be inserted the words “or the Water Act 1989”.

The Development of Rural Wales Act 1976 (c. 75)

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Interpretation Act 1978 (c. 30)

55

• (1) Schedule 1 to the Interpretation Act 1978 (definitions of words and expressions) shall be amended as follows.

• (2) After the definition of “Secretary of State” there shall be inserted the following definition—

“Sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.

• (3) For the definitions of “Water authority” and “water authority area” there shall be substituted the following definition—

“Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.

The Employment Protection (Consolidation) Act 1978 (c. 44)

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Estate Agents Act 1979 (c. 38)

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

58

In section 61(2) of the Ancient Monuments and Archaeological Areas Act 1979 (meaning of “statutory undertakers” for the purposes of that Act), in paragraph (a), for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Competition Act 1980 (c. 21)

59

• (1) For paragraph (c) of section 11(3) of the Competition Act 1980 (references of public bodies etc. to the Monopolies Commission) there shall be substituted the following paragraph—

(c) the National Rivers Authority;

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water (Scotland) Act 1980 (c. 45)

60

• (1) In section 31 of the Water (Scotland) Act 1980 (consultation with authorities in England), for the words “water authorities” there shall be substituted the words “water undertakers”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government, Planning and Land Act 1980 (c. 65)

61

• (1) In section 4 of the Local Government, Planning and Land Act 1980 (power to direct bodies to publish information)—

• (a) for paragraph (c) of subsection (4) there shall be substituted the following paragraph—

(c) the National Rivers Authority.

• (b) after subsection (5) there shall be inserted the following subsection—

(5A) In this section “the relevant Minister” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food.

and

• (c) in subsection (6), for the words “subsection (5)” there shall be substituted the words “subsections (5) and (5A)”.

• (2) In section 8(1)(b) of that Act (meaning of “functional work”), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) a sewerage undertaker; or

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 170(1) of that Act (meaning of “statutory undertakers” for the purposes of Part XVI of that Act), in paragraph (a) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In Schedule 16 to that Act (bodies to whom Part X of that Act applies)—

• (a) after paragraph 17 there shall be inserted the following paragraph—

(17A) The National Rivers Authority

;

and

• (b) in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Highways Act 1980 (c. 66)

62

• (1) After subsection (4) of section 21 of the Highways Act 1980 (extinguishment of rights of statutory undertakers as to apparatus etc.) there shall be inserted the following subsection—

(4A) Subsection (4) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that subsection, any person who is— (a) the owner or occupier of premises the drains of which communicated with that sewer; or (b) the owner of a private sewer which communicated with that sewer, is entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

• (2) In section 73 of that Act (power to prescribe improvement line for widening streets)—

• (a) in subsection (3), after the word “main,” there shall be inserted the word “sewer,”; and

• (b) in subsection (11)(c), at the end there shall be inserted the words “or by sewerage undertakers as a pumping station or sewage disposal works”.

• (3) In section 74 of that Act (power to prescribe a building line)—

• (a) in subsection (3)—

• (i) for the words “or water undertakers” there shall be substituted the words “water undertakers or sewerage undertakers”; and

• (ii) after the word “main,” there shall be inserted the word “sewer,”;

• (b) in subsection (11)(b), at the end there shall be inserted the words “or by sewerage undertakers as a pumping station or sewage disposal works”.

• (4) In section 100 of that Act (drainage of highways)—

• (a) in subsection (5), for the words from “water authority” onwards there shall be substituted the words “sewerage undertaker under Schedule 19 to the Water Act 1989 for the purposes of the drainage of highways within the area of that undertaker”; and

• (b) in subsection (6)—

• (i) for the words “under the Public Health Act 1936” there shall be substituted the words “under Schedule 19 to the Water Act 1989”; and

• (ii) for the words “water authority”, in both places where they occur, there shall be substituted the words “sewerage undertaker”.

• (5) In section 107(4) of that Act (orders and schemes providing for construction of bridges or tunnels to be subject to special parliamentary procedure), for the words “any navigation authority or water authority” there shall be substituted the words “the National Rivers Authority or any navigation authority”.

• (6) In section 121(6) of that Act (definition of “appropriate Minister”), in paragraph (a) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

• (7) In section 185(3)(b) of that Act (protection of undertakings where power to install refuse or storage bins in streets is exercised), for the words “or water undertakers” there shall be substituted the words “water or sewerage undertakers”.

• (8) In section 241(2) of that Act (acquisition of land between improvement line and boundary of street), after the words “removal of” there shall be inserted the word “sewers,”.

• (9) In section 254(4) of that Act (drainage of highway into watercourse)—

• (a) in paragraph (a), for the words “water authority without the consent of that board or authority” there shall be substituted the words “the National Rivers Authority without the consent of that board or that Authority”; and

• (b) in paragraph (b), after the word “culvert,” there shall be inserted the word “sewer,”.

• (10) In section 264(3)(c) of that Act (determination of differences between various bodies relating to use of sewers), for the words “water authority” there shall be substituted the words “sewerage undertaker”.

• (11) In section 276 of that Act (contributions to land drainage works which will benefit trunk roads)—

• (a) for the words “a water authority” there shall be substituted the words “the National Rivers Authority”; and

• (b) for the words “the authority” there shall be substituted the words “that Authority”.

• (12) In section 329(1) of that Act (further provision as to interpretation)—

• (a) in the definition of “drainage authority”, for the words “a water authority” there shall be substituted the words “the National Rivers Authority”; and

• (b) for the definition of “water undertakers” there shall be substituted the following definition—

“water undertakers” means the National Rivers Authority or a water undertaker.

• (13) In section 339 of that Act (saving for works etc. of drainage authorities etc.)—

• (a) in subsection (1)—

• (i) for the words “a water authority” there shall be substituted the words “the National Rivers Authority”; and

• (ii) for the words “that authority or” there shall be substituted the words “the National Rivers Authority or that”;

and

• (b) in subsection (4), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”.

• (14) In Schedule 1 to that Act (procedures for making or confirming certain orders and schemes)—

• (a) in item (ii) of the Table set out at the end of paragraph 3, for the words “Every navigation authority and water authority” there shall be substituted the words “The National Rivers Authority and every navigation authority”; and

• (b) in paragraph 11(b), for the words “every navigation authority and water authority” there shall be substituted the words “the National Rivers Authority and every navigation authority”.

• (15) In Schedule 11 to that Act (provisions as to orders under section 93 of that Act), in paragraph 13(1), after the word “mains,” there shall be inserted the word “sewers,”.

The Water Act 1981 (c. 12)

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The New Towns Act 1981 (c. 64)

64

• (1) In section 5(5)(a) of the New Towns Act 1981 (restrictions on powers of development corporations), after the words “or gas” there shall be inserted the words “or for the provision of sewerage services”.

• (2) In section 79(1)(a) of that Act (meaning of “statutory undertakers”), in sub-paragraph (iii) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Acquisition of Land Act 1981 (c. 67)

65

In section 8(1)(a)(iii) of the Acquisition of Land Act 1981 (definition of “statutory undertakers”), for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Wildlife and Countryside Act 1981 (c. 69)

66

• (1) In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of Part I of that Act), in the definition of “authorised person”, after paragraph (c) there shall be inserted the following paragraph—

(d) any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;

.

• (2) In section 36(7) of that Act (marine nature reserves), in the definition of “relevant authority”, for the words “a water authority or any other statutory water undertakers,” there shall be substituted the words “the National Rivers Authority, a water undertaker, a sewerage undertaker,”.

The Civil Aviation Act 1982 (c. 16)

67

• (1) In section 46(2)(d) of the Civil Aviation Act 1982 (power to exercise control over land in interests of civil aviation), after the word “mains,” there shall be inserted the word “sewers,”.

• (2) In section 48 of that Act (power of Secretary of State to stop up and divert highways etc. in interests of civil aviation)—

• (a) in each of subsections (3)(e) and (6)(c), after the word “mains,” there shall be inserted the word “sewers,”; and

• (b) at the end of paragraph (b) of subsection (7) there shall be inserted the words

and (c) the reference in paragraph (c) to water undertakers is a reference to the National Rivers Authority, a water undertaker or a sewerage undertaker.

The Telecommunications Act 1984 (c. 12)

68

• (1) In section 98 of the Telecommunications Act 1984 (use of certain conduits)—

• (a) in subsection (7)(b), for the word “authority” there shall be substituted the word “person”;

• (b) in subsection (8)—

• (i) in paragraph (a), for the words “another authority” there shall be substituted the words “another person”; and

• (ii) for the words “other authority”, wherever they occur, there shall be substituted the words “other person”;

and

• (c) in subsection (9)—

• (i) for paragraph (a) of the definition of “water authority” there shall be substituted the following paragraph—

(a) in England and Wales, means the National Rivers Authority or a water undertaker;

• (ii) for paragraph (a) of the definition of “water main” there shall be substituted the following paragraph—

(a) in England and Wales, means a water main within the meaning of the Water Act 1989 or any resource main within the meaning of paragraph 1 of Schedule 19 to that Act;

.

• (2) In section 101 of that Act (general restrictions on disclosure of information)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (3), after paragraph (i) there shall be inserted the following paragraph—

(j) the Water Act 1989.

• (3) In paragraph 23(10) of Schedule 2 to that Act (undertaker’s works), in paragraph (a)(i) of the definition of “relevant undertaker”, after the word “undertaking;” there shall be inserted the word “or”.

The Road Traffic Regulation Act 1984 (c. 27)

69

In paragraph 4 of Schedule 5 to the Road Traffic Regulation Act 1984 (buildings in relation to which a Secretary of State is the appropriate authority for the purposes of section 74 of that Act), for the words “a water authority or by a statutory water company as defined in section 38 of the Water Act 1973” there shall be substituted the words “the National Rivers Authority, a water undertaker or a sewerage undertaker”.

The Building Act 1984 (c. 55)

70

• (1) In section 25 of the Building Act 1984 (provision of water supply), after subsection (6) there shall be inserted the following subsection—

(7) Section 65 of the Water Act 1989 (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of Chapter II of Part II of that Act.

• (2) In section 82 of that Act (notices under section 81 of that Act relating to demolition)—

• (a) in subsection (4), for the words “gas or water” there shall be substituted the words “or gas or with apparatus or works of a water undertaker or sewerage undertaker”; and

• (b) in subsection (5)(a), for the words from “section 67” onwards there shall be substituted the words “section 167 of the Water Act 1989 (interference with water supplies or with waterworks)”.

• (3) In section 101 of that Act (incorporation of Part VI of Schedule 3 to the 1945 Act)—

• (a) in subsection (1), for the words from “Part VI” onwards there shall be substituted the words “paragraphs 2 and 3 of Schedule 19 of the Water Act 1989 (street works) shall apply, with the necessary modifications, as they apply for the purpose of conferring power on a water undertaker or sewerage undertaker to lay a relevant pipe, within the meaning of that Schedule.”; and

• (b) for subsection (2) there shall be substituted the following subsection—

(2) Those paragraphs shall also so apply so far as necessary for the purposes of any power to lay or maintain a sewer or drain which is conferred by this Act on a person other than a local authority.

• (4) In section 126 of that Act, for the definition of “public sewer” there shall be substituted the following definition—

“public sewer” has the same meaning as in the Public Health Act 1936;

.

The Companies Act 1985 (c. 6)

71

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Business Names Act 1985 (c. 7)

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water (Fluoridation) Act 1985 (c. 63)

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1985 (c. 68)

74

• (1) In section 573(1) of the Housing Act 1985 (meaning of “public sector authority”), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”.

• (2) In paragraph 4(6) of Schedule 8 to that Act (calculation of rent in relation to shared ownership leases), for the words from “for services” onwards there shall be substituted the words “in respect of any services provided by a water undertaker or sewerage undertaker in the course of the carrying out of its functions”.

• (3) In item 2 of Part II of Schedule 14 to that Act (debits to the Housing Revenue Account of amounts equal to rents, rates etc.), for the words “water rates or charges” there shall be substituted the words “charges for the supply of water or for the provision of sewerage services”.

The Agricultural Holdings Act 1986 (c. 5)

75

In Part II of Schedule 3 to the Agricultural Holdings Act 1986—

• (a) in paragraph 9 (provisions applicable to Case C—failure to farm in accordance with rules of good husbandry), after sub-paragraph (2) there shall be inserted the following sub-paragraph—

(3) In determining whether to grant a certificate under this paragraph, the Tribunal shall disregard any practice adopted by the tenant in compliance with any obligation accepted by or imposed on the tenant under section 112 of the Water Act 1989.

;

and

• (b) in each of paragraphs 10 and 11 (provisions applicable to Cases D and E), after sub-paragraph (2) there shall be inserted the following sub-paragraph—

(3) For the purposes of that Case compliance with any obligation accepted by or imposed on the tenant under section 112 of the Water Act 1989 shall not be capable of constituting a breach by the tenant of the terms or conditions of his tenancy.

The Airports Act 1986 (c. 31)

76

In section 74 of the Airports Act 1986 (restriction on disclosure of information)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (3), after paragraph (j) there shall be inserted the following paragraph—

(k) the Water Act 1989.

The Gas Act 1986 (c. 44)

77

In section 42 of the Gas Act 1986 (general restrictions on disclosure of information)—

• (a) in subsection (2)(b), after the words “Director General of Fair Trading” there shall be inserted the words “the Director General of Water Services”; and

• (b) in subsection (3), after paragraph (k) there shall be inserted the following paragraph—

(l) the Water Act 1989.

The Insolvency Act 1986 (c. 45)

78

• (1) In each of sections 233(3)(c) and 372(4)(c) of the Insolvency Act 1986 (supplies of gas, water etc. in a case of insolvency), for the words “statutory water undertakers” there shall be substituted the words “a water undertaker”.

• (2) In section 413(2) of that Act (consultation with the Insolvency Rules Committee), at the end there shall be inserted the words “other than rules which contain a statement that the only provision made by the rules is provision applying rules made under section 411, with or without modifications, for the purposes of provision made by section 23 or 24 of or Schedule 6 to the Water Act 1989.”

The Local Government Act 1988 (c. 9)

79

• (1) In section 3(3) of the Local Government Act 1988 (qualification of definition of works contract for the purposes of Part I of that Act), for the words “water authority” there shall be substituted the words “sewerage undertaker”.

• (2) In section 25(2) of that Act (assistance not requiring consent), for paragraph (b) there shall be substituted the following paragraph—

(b) the assistance or benefit is provided in consequence of, or in connection with, the making by the authority, or by persons who include the authority, of a requirement under section 40 or 71 of the Water Act 1989 for the provision of a water main or public sewer;

.

The Local Government Finance Act 1988 (c. 41)

80

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The power of the Secretary of State to make regulations under section 119 of the said Act of 1988 (statutory references to rating), his power by virtue of sub-paragraph (1) above to make regulations under section 74(2) of that Act and his power to make an order under section 147 of that Act (power to make supplementary provision) shall each include power to make such modifications of any provision of this Act relating to the said functions, or of any enactment amended by any such provision, as the Secretary of State considers appropriate for the purposes for which those powers are conferred.

• (3) In paragraph 10(1)(b) of Schedule 5 to that Act (exemption for hereditaments subject to contributions under paragraph 1(a) of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975), for the words from “paragraph 1(a)” onwards there shall be substituted the words “section 28(3)(a) of that Act.”

SCHEDULE 26

Part I — Water Authorities

Water authority members

1

• (1) Notwithstanding the repeals made by this Act, any regulations under paragraph 3 of Part I of Schedule 3 to the 1973 Act which are in force immediately before the transfer date and paragraphs 4 to 7 of that Part of that Schedule shall continue, to such extent as the Secretary of State may direct, to have effect on and after that date in the case of any person who is or who has been (whether before, on or after the transfer date) chairman or member of a water authority.

• (2) The Secretary of State may by regulations provide for any liability which is—

• (a) saved by virtue of this paragraph; and

• (b) transferred in accordance with a scheme under Schedule 2 to this Act to a successor company,

to be transferred, at a time when that company is wholly owned by the Crown, to that company’s nominated holding company.

Pensions etc.

2

• (1) The repeal by this Act of section 27 of the 1973 Act (superannuation of employees of statutory water undertakers) shall not, subject to any transfer in accordance with a scheme under Schedule 2 to this Act of any rights or liabilities which have arisen or might arise under the scheme, affect the operation on and after the transfer date, in relation to any period of employment before that date, of any scheme made or designated under that section.

• (2) The Secretary of State may by regulations make such transitional provisions and savings as he considers appropriate in relation to so much of any provision having effect immediately before the transfer date by or under any enactment as provides for or relates to the payment by a water authority of pensions, allowances or gratuities to or in respect of persons who have been—

• (a) officers or employees of any person whose activities at any time before the transfer date appear to the Secretary of State to have consisted in, or to have been connected with, the carrying out of any function which is transferred by this Act or which corresponds to any such function or to any other function under this Act; or

• (b) chairmen or members of any body whose activities at any such time so appear to the Secretary of State.

• (3) Without prejudice to the generality of sub-paragraph (2) above or to any transfer in accordance with a scheme under Schedule 2 to this Act of any liability saved by regulations under that sub-paragraph, such regulations may—

• (a) subject to sub-paragraphs (4) and (5) below, impose requirements on the Authority, on any successor company or on the nominated holding company of any successor company;

• (b) modify any such provision as is mentioned in sub-paragraph (2) above;

• (c) in the case of regulations made after the transfer date, require provision contained in the regulations to be treated as if it came into force on that date.

• (4) No requirement shall be imposed on any company by any regulations under sub-paragraph (2) above made after the company has ceased to be wholly owned by the Crown; but a company’s ceasing to be wholly owned by the Crown shall not affect any requirement imposed on it by any regulations under that sub-paragraph made before the company ceased to be so wholly owned.

• (5) It shall be the duty of the Secretary of State to pay to the Authority out of money provided by Parliament all such sums as the Authority may require for fulfilling requirements imposed on it by regulations under sub-paragraph (2) above.

• (6) The reference in sub-paragraph (2) above to the payment of pensions, allowances or gratuities includes a reference to the payment of compensation for loss of office or of any such compensation as is payable for any other reason to or in respect of any person who holds or has held any such office or employment as is mentioned in that sub-paragraph.

The Local Government Act 1974 (c. 7)

3

• (1) Nothing in this Act shall prevent the completion on or after the transfer date by a Local Commissioner of any investigation which he began to conduct before that date and which is an investigation under Part III of the Local Government Act 1974 in pursuance of a complaint made in relation to a water authority.

• (2) Nothing in this Act shall prevent the making on or after the transfer date of a complaint under the said Part III in respect of any action which was taken by or on behalf of a water authority before that date.

• (3) Notwithstanding the amendment of the said Part III by paragraph 12 of Schedule 1 to this Act, the provisions of that Part shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, in so far as the provisions of a scheme under Schedule 2 to this Act allocate a water authority’s rights or liabilities in relation to any such complaint to any person, that person shall, on and after that date, stand in the place of the water authority for the purposes of this paragraph.

Part II — Water and Sewerage Services

Arrangements with statutory water companies

4

• (1) Subject to sub-paragraph (2) below, where any arrangements for the purposes of section 12 of the 1973 Act (supply by statutory water companies on behalf of water authorities) are in force immediately before the transfer date, those arrangements shall cease to have effect on that date but their so ceasing to have effect shall not affect their operation on and after that date (subject to the transfer of rights and liabilities in accordance with a scheme under Schedule 2 to this Act) in relation to—

• (a) proceedings for, or any indemnity in respect of or of proceedings for, any breach of duty occurring before the transfer date (whether or not any right of action has arisen in respect of that breach before that day); and

• (b) claims for, or the payment of any sums in respect of, a contribution payable under section 1 of the Rural Water Supplies and Sewerage Act 1944.

• (2) In so far as any such arrangements relate to matters for which provision could have been made by an agreement under section 12 of the 1945 Act (supply of water in bulk) those arrangements shall (in accordance with paragraph 5 below) continue to have effect on and after the transfer date as if they had been contained in such an agreement.

Agreements for water supply in bulk

5

• (1) Any agreement made or having effect as if made under section 12 of the 1945 Act (supply of water in bulk) which is in force immediately before the transfer date shall continue in force on and after that date notwithstanding the repeal of that section but subject to the transfer of rights and liabilities under the agreement in accordance with a scheme under Schedule 2 to this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water main requisitions

6

• (1) Where—

• (a) any water authority have, at any time before the transfer date, been required for the purposes of any of the provisions of sections 36 or 37 of the 1945 Act or of section 29 of Schedule 3 to that Act (water main requisitions) to lay any main or do any other thing for bringing water to any place; and

• (b) the requirement has not been complied with before the transfer date,

then, notwithstanding any repeal made by this Act, the provisions of that Act shall have effect for the purpose of making the water undertaker for the area in which that place is situated liable for any contravention of that requirement occurring on or after the transfer date (including so much of any continuing contravention as occurs on or after that date), and for the purpose of preserving on and after that date the effect of any obligation to make payments, to pay interest or to comply with any undertaking.

• (2) Provisions which have effect for any purpose by virtue of sub-paragraph (1) above shall so have effect as if the water undertaker in question were the same person in law as the water authority and as if any reference in the 1945 Act to water rates or to charges payable under Part III of the 1973 Act included a reference to any charges imposed by virtue of this Act or Chapter I of Part V of the Water Industry Act 1991 in respect of the supply of water by that undertaker.

Domestic connections

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-domestic supplies

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disconnections etc.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Separate service pipes

10

Any notice served in relation to any premises by a water authority or statutory water company under section 42 of Schedule 3 to the 1945 Act which is effective immediately before the transfer date in relation to any premises shall have effect on and after that date, with the appropriate modifications, as if it had been served for the purposes of section 50(3) of this Act by the water undertaker in whose area those premises are situated.

Constancy and pressure requirements

11

• (1) Where immediately before the transfer date section 39 of Schedule 3 to the 1945 Act (constancy and pressure requirements)—

• (a) has effect with respect to water in a water main or other pipe of a water authority or statutory water company; and

• (b) so has effect subject to any provision made by or under any enactment,

that provision shall have effect, on and after that date, as if it were contained (in so far as it would qualify any duty imposed by section 51 of this Act) in an order made under subsection (4) of section 51 of this Act in relation to the water undertaker in which that main or other pipe is vested on that date.

• (2) So much of any local statutory provision, other than a provision applying or modifying the effect of the said section 39, as has the effect, immediately before the transfer date, that there are different requirements as to the pressure of water in a water main or other pipe of a water authority or statutory water company from those imposed by section 51 of this Act, shall have effect, on and after that date, as if it were contained (in so far as it would qualify the duty imposed by that section) in an order made under subsection (4) of that section in relation to the water undertaker in which that main or other pipe is vested on that date.

• (3) Any requirement imposed in relation to any premises under section 60(1) of Schedule 3 to the 1945 Act (power to require provision of cisterns in certain cases) and effective immediately before the transfer date shall have effect on and after that date as if it had been imposed by the water undertaker for the area in which the premises are situated under section 51(5) of this Act or, as the case may be, under section 43(1)(f) or 45(6)(b) of this Act.

• (4) Where any work commenced by virtue of the said section 60(1) by a water authority or statutory water company in relation to any premises is not completed before the transfer date, the work may be completed on and after that date by the water undertaker for the area in which those premises are situated as if the requirements of subsection (6) of section 51 of this Act with respect to the service of a notice and the expiration of the period specified in that notice had been satisfied before that date.

Consents by water authorities

12

Any consent given before the transfer date for the purposes of section 65, 67 or 68 of Schedule 3 to the 1945 Act (consents to certain uses of water or to interference with waterworks etc.) shall have effect on and after that date as if given for the purposes of the corresponding provision of Chapter II of Part II of this Act or of section 167 of this Act and, if given by a water authority, as if given by that authority’s successor company.

Sewerage functions under the Public Health Acts

13

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The provisions of Schedule 8 to this Act which vest functions of the Secretary of State in the Director in relation to appeals, references and applications under—

• (a) the said Act of 1937;

• (b) the said Part V; or

• (c) section 43(5) or 45(4) of the Control of Pollution Act 1974,

shall not, on and after the transfer date, affect the powers and duties of the Secretary of State in relation to any such appeal, reference or application which was made before that date; and any written permission given before the transfer date for the purposes of section 60(5) of the Public Health Act 1961 (extension of time) shall have effect in relation to any appeal made on or after that date as if given by the Director.

• (3) So much of any provision of the said Act of 1936 as, by virtue of section 338 of that Act (sewers and drains of collegiate and other corporate bodies and Government departments), has effect in accordance with that section shall continue so to have effect on and after the transfer date notwithstanding the amendments and repeals made by this Act, but shall so have effect subject to the power conferred by section 191(1) of this Act.

Sewer requisitions

14

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subject to sub-paragraph (4) below, where any rights or liabilities of a water authority in respect of any agreement or undertaking entered into before the transfer date for the purposes of section 16 of the 1973 Act, or in respect of any sums deposited with them before that date for those purposes, are transferred in accordance with a scheme under Schedule 2 to this Act to the authority’s successor company, those rights and liabilities shall continue to have effect, on and after that date, as rights and liabilities of that company and, in the case of any such right which was subject to subsection (5) of that section (twelve year limit on payments), shall continue to be so subject notwithstanding the repeal of that section.

• (4) On and after the transfer date subsection (8) of section 72 of this Act shall apply, as it applies in relation to the sums mentioned in that subsection, in relation to sums deposited under subsection (6) of section 16 of the 1973 Act.

• (5) Notwithstanding the repeal by this Act of section 16 of the 1973 Act, subsection (10) of that section (determination of certain matters by referee) shall continue to have effect on and after the transfer date for the purposes of anything saved by sub-paragraph . . . (3) above.

Arrangements for carrying out sewerage functions

15

• (1) This paragraph applies to any arrangements between a water authority and a relevant authority which have been made under section 15 of the 1973 Act (arrangements for carrying out sewerage functions) continue to have effect (notwithstanding the repeal of sub-paragraph (2) of this paragraph) in accordance with paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 and were in force immediately before the transfer date.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subject to sub-paragraph (5) below, on and after the transfer date the arrangements shall be varied only by agreement between the sewerage undertaker for the relevant area and the relevant authority and shall be brought to an end only by such agreement or under sub-paragraph (4) below.

• (4) Subject to sub-paragraph (6) below, the arrangements may be brought to an end by the sewerage undertaker for the relevant area or the relevant authority giving reasonable notice to the other.

• (5) Any reasonable notice with respect to the arrangements which has been given before the transfer date under paragraph 5(1)(b) of Schedule 4A to the 1973 Act (termination of arrangements by relevant authority) shall, if it expires after the transfer date, take effect when it expires as if it had been reasonable notice given under sub-paragraph (4) above to the sewerage undertaker for the relevant area.

• (6) The sewerage undertaker for the relevant area shall not give any notice under sub-paragraph (4) above which expires before 1st April 1992.

• (7) Section 101(2) of the Local Government Act 1972 (delegation by committee or sub-committee) shall apply for the purposes of the arrangements only if and to the extent that the sewerage undertaker for the relevant area does not otherwise direct.

• (8) In this paragraph “relevant authority” has the same meaning as in section 73 of this Act.

Water charges etc.

16

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) So much of any such scheme as is mentioned in sub-paragraph (1) above as has effect immediately before the transfer date and relates to charges in respect of anything which does not fall to be done on and after that date in the course of the carrying out of the functions of the Authority or any water undertaker or sewerage undertaker shall have effect on and after that date, in relation to the doing of that thing by the successor company of the water authority which made the scheme, as if it were contained in an agreement for the doing of that thing between that company and the person who would have been liable to the charge under the scheme.

• (4) The repeal by this Act of section 30 of the 1973 Act (charges) and the preceding provisions of this paragraph shall not affect the liability of any person for any charge which—

• (a) has been fixed before the transfer date by virtue of subsection (1)(b)(ii) of that section (environmental services charge); and

• (b) is due to a water authority immediately before that date or would have become due to such an authority on or after that date in respect of a period ending no later than with the end of the financial year current on that date;

and such a charge shall, subject to the provisions of the scheme, be payable on or after that date to the person to whom the right to receive it is transferred in accordance with a scheme under Schedule 2 to this Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The repeal by this Act of section 123 of the Public Health Act 1936 (power of local authorities to give guarantees to water companies) shall not affect any liability arising under any undertaking given under that section before the transfer date to a water authority or statutory water company; but any such undertaking given before that date to a water authority shall have effect on and after that date as if given to the water undertaker for the area to which, or to any part of which, the undertaking relates.

• (9) The repeal by this Act of subsection (4) of section 38 of the 1945 Act (liability for charges etc.) shall not affect the right under that subsection of the occupier of any premises to deduct from his rent at any time on or after the transfer date any sum paid by him (whether or not before that date) in respect of any charge arising under Part III of the 1973 Act in respect of services performed, facilities provided or rights made available before that date.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint water boards and joint water committees

17

Subject to any transfer of property, rights or liabilities in accordance with a scheme under Schedule 2 to this Act, nothing in this Act shall affect—

• (a) the existence or constitution of any joint water board or joint water committee constituted by virtue of an order made under section 9 of the 1945 Act before the transfer date;

• (b) any rights or liabilities arising by virtue of any agreement made in pursuance of such an order; or

• (c) the application in relation to any such board or committee of any provision of Schedule 3 to the 1945 Act or the operation of Part V of that Act in relation to any such provision.

The Rural Water Supplies and Sewerage Act 1944 (c. 26)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws under section 17 of the Water Act 1945

19

• (1) Subject to sub-paragraph (2) below, any byelaws made or having effect as if made under section 17 of the 1945 Act and in force immediately before the transfer date and section 19 of that Act so far as it relates to any such byelaws shall, notwithstanding any repeal made by this Act, have effect on and after that date as they had effect before that date but as if—

• (a) for any reference (however framed) in those byelaws or in section 19(2), (4) or (5) of that Act to the undertakers who made the byelaws there were substituted, in relation to each locality to which those byelaws relate, a reference to the water undertaker for the area in which that locality is situated; and

• (b) every duty imposed on a water undertaker by virtue of paragraph (a) above were enforceable under section 20 of this Act by the Secretary of State;

and, notwithstanding any repeal by this Act, Part V of that Act shall accordingly have effect in relation to any provisions having effect under this paragraph as it had effect in relation to those provisions immediately before the transfer date.

• (2) The power of the Secretary of State under section 62 of this Act to make regulations with respect to the matters specified in that section shall include power, by regulations under that section—

• (a) to modify the operation of sub-paragraph (1) above in relation to any byelaws made under section 17 of the 1945 Act and having effect by virtue of that sub-paragraph; and

• (b) to revoke or amend any such byelaws.

• (3) So long as any byelaws under section 17 of the 1945 Act have effect by virtue of this paragraph, the references in the provisions of sections 43(1)(g), 45(6)(c) and 46(3)(b) of this Act to such regulations under section 62 of this Act as are prescribed for the purposes of those provisions shall include references to any byelaws which have effect by virtue of this paragraph.

The Building Act 1984 (c. 55)

20

• (1) Any directions given before the transfer date by a water authority under subsection (3) of section 18 of the Building Act 1984 which are effective immediately before that date in relation to any drain or sewer shall have effect on and after that date as if they were notifications given under that subsection by the sewerage undertaker for the area which immediately before that date is the water authority’s area for the purposes of section 14 of the 1973 Act.

• (2) Notwithstanding its repeal by this Act, section 69 of the Building Act 1984 (notices requiring provision of water supply to occupied house), except subsection (7), shall continue to have effect on and after the transfer date for the purposes of any notice served under that section before that date; but, in relation to any such notice, the water undertaker for the area in which the house in question is situated shall, on and after that date, stand in the place of the statutory water undertakers on whom any obligation or power is imposed or conferred by virtue of the notice.

Part III — Control of Pollution

General provisions for Chapter I of Part III of this Act

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order under section 32(3) of the 1974 Act

22

• (1) Except in so far as the Secretary of State by order otherwise provides, section 107(1) of this Act shall not apply to any discharges which are of a kind or in any area specified in an order which was made under subsection (3) of section 32 of the 1974 Act (preservation of existing exemptions) and is in force immediately before the transfer date.

• (2) The Secretary of State may by order require the Authority to publish in a manner specified in the order such information about the operation of any provision made by or under this paragraph as may be so specified; and so much of any order under the said subsection (3) as is in force immediately before the transfer date and requires a water authority to publish information shall have effect on and after that date as if it had been made by virtue of this sub-paragraph and as if that requirement were a requirement that the Authority publish the information.

• (3) The power to make an order under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Recovery of costs under section 36(3) or 46(5) of the 1974 Act

23

Nothing in this Part of this Schedule shall prejudice any provision of a scheme under Schedule 2 to this Act in accordance with which any right which accrued under section 36(3) or 46(5) of the 1974 Act (recovery of costs) to a water authority before the transfer date is transferred to the water authority’s successor company.

Existing transitional provisions

24

• (1) Where anything to which paragraph 21 above applies has effect immediately before the transfer date with modifications specified in regulations made under section 40 of the 1974 Act (transitional provisions), it shall continue to have effect on and after that date with those modifications notwithstanding the repeal of that section by this Act.

• (2) A consent which by virtue of section 40(4) of the 1974 Act, or of any provision of any order under section 32(3) of that Act, is deemed to have been given under that Act in respect of any application which by virtue of paragraph 21 above has effect on and after the transfer date as an application made under Schedule 12 to this Act shall cease to have effect on the disposal of that application by—

• (a) the giving of an unconditional consent on that application;

• (b) the expiration, without an appeal under paragraph 8 of that Schedule to this Act being brought, of the period of three months beginning with the date on which notice is served on the applicant that the consent applied for is refused or is given subject to conditions; or

• (c) the withdrawal or determination of any such appeal.