Water Act 1973

Part I

National policy

National policy for water

1

• (1) It shall be the duty of the Secretary of State and the Minister of Agriculture, Fisheries and Food (in this Act referred to as " the Minister") to promote jointly a national policy for water in England and Wales and so to discharge their respective functions under subsections (2) and (3) below as to secure the effective execution of that policy by the bodies responsible for the matters mentioned in those subsections.

• (2) It shall be the duty of the Secretary of State to secure the effective execution of so much of that policy as relates to—

• (a) the conservation, augmentation, distribution and proper use of water resources, and the provision of water supplies;

• (b) sewerage and the treatment and disposal of sewage and other effluents;

• (c) the restoration and maintenance of the wholesomeness of rivers and other inland water ;

• (d) the use of inland water for recreation;

• (e) the enhancement and preservation of amenity in connection with inland water; and

• (f) the use of inland water for navigation.

• (3) It shall be the duty of the Minister to secure the effective execution of so much of that policy as relates to land drainage and to fisheries in inland and coastal waters.

• (4) Accordingly in the following provisions of this Act " the appropriate Minister or Ministers " means—

• (a) in relation to a matter falling exclusively within subsection (2) above, the Secretary of State ;

• (b) in relation to a matter falling exclusively within subsection (3) above, the Minister; and

• (c) in relation to a matter falling partly within one and partly within the other of those subsections, both the Secretary of State and the Minister acting jointly;

and " the Ministers " means both the Secretary of State and the Minister acting jointly.

• (5) It shall be the duty of the Welsh National Water Development Authority established under section 2 below to consider and advise the appropriate Minister or Ministers on any matter concerning that part of the national policy for water which falls to be executed by the Authority and on any other matters (including matters for which the Authority are not responsible) referred to the Authority by the appropriate Minister or Ministers.

• (6) It shall be the duty of the Secretary of State to collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England and Wales.

• (7) The Secretary of State may also (in so far as he considers it appropriate to do so) collaborate with others in collating and publishing the like information relating to the demand for water, and to water resources, whether in England and Wales or elsewhere.

Water authorities

Establishment of water authorities

2

• (1) For the purpose of exercising functions conferred on them by or by virtue of Part II of this Act, there shall be established in accordance with the following provisions of this section authorities to be known as regional water authorities, being the authorities named in column 1 of Schedule 1 to this Act, and also an authority to be known as the Welsh National Water Development Authority (in this Act referred to as " the Welsh authority ").

• (2) Subject to subsection (5) below and Part IV of Schedule 5 to this Act—

• (a) the regional water authorities shall exercise their functions as respects the existing areas described in column 2 of Schedule 1 to this Act (being, in general, areas established for the purposes of functions relating to water resources or land drainage); and

• (b) the Welsh authority shall exercise their functions as respects the existing areas of the Dee and Clwyd, Glamorgan, Gwynedd, South West Wales, Usk and Wye River Authorities.

In this subsection any reference to an existing area is a reference to that area as existing immediately before the passing of this Act except that, in the case of an area which is altered after the passing of this Act under any enactment other than this section, it is a reference to the altered area.

• (3) In this Act and any other enactment " water authority " means an authority established in accordance with this section and " water authority area " means, in relation to any functions of a water authority, the area as respects which the water authority are for the time being to exercise those functions.

• (4) Each of the authorities mentioned in subsection (1) above shall be established by an order made by the Ministers and shall come into existence on a day appointed by the order, and—

• (a) the order or orders establishing the regional water authorities shall be made not later than one month after the passing of this Act; and

• (b) the order establishing the Welsh authority shall be made in accordance with section 3(10) below.

• (5) The Ministers may by order change the name of any water authority or alter the boundaries of a water authority area for the purposes of any functions specified in the order.

• (6) Without prejudice to any power exercisable by virtue of section 34 below, an order under this section may contain such transitional, incidental, supplementary or consequential provision as the Ministers consider necessary or expedient for the purposes of the order.

• (7) Part I of Schedule 2 to this Act shall have effect in relation to the boundaries of water authority areas, Part II of that Schedule shall have effect in relation to maps of such areas and of watercourses in them and Part III shall have effect in relation to the alteration of such boundaries.

• (8) The supplementary provisions contained in Part I of Schedule 3 to this Act and the administrative and financial provisions contained in Part III of that Schedule shall have effect with respect to water authorities.

Members of water authorities

3

• (1) A regional water authority shall consist of the following members, that is to say—

• (a) a chairman appointed by the Secretary of State;

• (b) such number of members appointed by the Minister as may be specified in an order under section 2 above, being not less than two or more than four;

• (c) such number of members appointed by the Secretary of State as may be so specified ; and

• (d) such number of members as may be so specified appointed by local authorities in accordance with subsections (6) to (8) below ;

and any such order shall be so framed that the total number of members appointed by the Secretary of State and the Minister is less than the number of those appointed by local authorities.

• (2) The members appointed by the Minister shall be persons who appear to him to have had experience of, and shown capacity in, agriculture, land drainage or fisheries.

• (3) The members appointed by the Secretary of State shall be persons who appear to the Secretary of State to have had experience of, and shown capacity in, some matter relevant to the functions of water authorities.

• (4) One of the members of the Severn-Trent Water Authority appointed by the Secretary of State shall be a member of the Welsh authority.

• (5) In appointing the members of a regional water authority the Minister concerned shall have regard to the desirability of members of the authority being familiar with the requirements and circumstances of the authority's area.

• (6) Subject to subsections (8) and (9) below, if a quarter or more of the population of any county is resident within the area of a regional water authority, then,—

• (a) in the case of a metropolitan county, the county council may appoint two members, and the councils of the districts within the county may between them appoint two members, of the water authority;

• (b) in the case of a non-metropolitan county or of a county in Wales, the county council may appoint one member, and the councils of the districts within the county may between them appoint one member, of the water authority;

and if one-sixth or more, but less than one-fourth, of die population of any county is resident within that area, the county council may, after consultation with the councils of the districts within the county and wholly or partly within that area appoint one member of the water authority.

Where the area of a water authority is different for different functions, that area shall be taken for the purposes of this subsection to be the area as respects which the authority discharge any functions or, as respects the period between the passing of this Act and 1st April 1974, the area as respects which they will discharge any functions as from that date.

• (7) In the case of the Thames Water Authority, the Greater London Council may appoint ten members, and the London borough councils and the Common Council of the City of London may between them appoint ten members, of the Authority.

• (8) In the case of the South West Water Authority, the Cornwall and Devon county councils may each appoint two members, the councils of the districts in Cornwall may between them appoint two members, and the councils of the districts in Devon may between them appoint two members, of the Authority.

• (9) The Ministers may by order vary the membership of any regional water authority, but any such order which makes different provision in relation to a regional water authority from the provision made by this section in relation to that authority shall not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

• (10) The constitution of the Welsh authority shall be prescribed by the order establishing it under section 2 above, but—

• (a) an order establishing that authority or any order varying the constitution of the authority shall not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament; and

• (b) a draft of the order establishing that authority shall be so laid not later than one month after the passing of this Act.

In reckoning that period for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (11) An order made under or by virtue of this section which is required to be laid before Parliament shall, notwithstanding that it makes different provision in relation to one water authority from the provision made by this section or any order under it in relation to any other water authority or authorities, proceed in Parliament as if its provisions would, apart from this section, require to be enacted by a public Bill which cannot be referred to a select or other committee of either House under the Standing Orders of either House relating to Private Bills.

• (12) Members of a water authority appointed by a local authority or authorities may be members of that authority or one of those authorities or other persons.

• (13) Any member of a water authority so appointed who at the time of his appointment was a member of the local authority or of one of the local authorities appointing him shall, if he ceases to be a member of that local authority, cease also to be a member of the water authority at the expiration of the period of three months beginning with the date when he ceases to be a member of the local authority or on the appointment of another person in his place, whichever first occurs; but for the purposes of this subsection a member of a local authority shall not be deemed to have ceased to be a member of the local authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

National Water Council

Establishment and functions of National Water Council

4

Supplementary provisions as to water authorities

Directions to water authorities

5

Arrangements for discharge of functions of water authorities

6

Supply of goods and services, etc.

7

• (1) The powers conferred by section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services to local authorities and public bodies)—

• (a) shall be exercisable by a local authority within the meaning of that section as if a water authority and the Council were each a public body within the meaning of that section;

• (b) shall be exercisable by a water authority as if another water authority, any such local authority or a development corporation, and no other body, were a public body within the meaning of that section ; and

• (c) shall, so far as concerns the discharge of sewerage or sewage disposal functions, be exercisable by a development corporation as if a water authority, and no other body, were a public body within the meaning of that section.

• (2) A water authority may require an existing local authority who between the passing of this Act and 1st April 1974 are discharging functions transferred by this Act to the water authority or, where that local authority is abolished by the 1972 Act, the local authority or one of the local authorities who replace the abolished authority, to enter into an agreement under section 1(1) of the said Act of 1970 with the water authority for a period of not more than five years from that date, and it shall be the duty of the local authority who have been so required to enter into such an agreement, unless it is determined by the Secretary of State that the requirement is unreasonable having regard to the discharge of those functions immediately before that date and the operation of any enactment which comes into force on that date.

• (3) An existing local authority who between the passing of this Act and 1st April 1974 discharge functions transferred by this Act to a water authority, or, where that local authority is abolished by the 1972 Act, the local authority or one of the local authorities who replace the abolished authority, may require the water authority to enter into an agreement under section 1(1) of the said Act of 1970 with the requiring authority for a period of not more than five years from that date, and it shall be the duty of the water authority to enter into such an agreement, unless it is determined by the Secretary of State that the requirement is unreasonable having regard to the circumstances of the existing local authority immediately before that date and the operation of any enactment which comes into force on that date.

• (4) If an authority who have required another authority, and an authority who have been required, to enter into an agreement under subsection (2) or (3) above, are unable to agree on all or any of the terms of the agreement, the terms or term may be determined by the Secretary of State ; and any question whether a local authority replace an existing local authority shall also be determined by him.

• (5) A water authority and a statutory water company may enter into an agreement providing that either of the parties shall do any of the following things, that is to say—

• (a) supply goods or materials to the other party ;

• (b) provide administrative, professional or technical services for the other party;

• (c) allow the other party to use any vehicle, plant or apparatus and, without prejudice to paragraph (b) above, place at the disposal of the other party the services of any person employed in connection with the vehicle or other property in question ;

• (d) carry out works of maintenance in connection with land or buildings for the maintenance of which the other party is responsible ;

and any such agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

• (6) Either party to an agreement under subsection (5) above may purchase and store any goods or materials which in their opinion they may require for the purposes of paragraph (a) of that subsection, but nothing in paragraphs (a) to (c) of that subsection shall authorise a party to any such agreement to construct any buildings or works.

Rationalisation of holdings of property, and of functions

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• (1) It shall be the duty of every water authority to consider, in consultation with any other water authority concerned, the desirability, in the interest of rationalisation, of doing either or both of the following, that is to say—

• (a) altering the boundaries of their area for the purposes of any functions of theirs;

• (b) transferring property of theirs to some other water authority.

• (2) In discharging their duty to consider the desirability of altering the boundaries of their area for the purposes of any functions, a water authority shall first consider those boundaries which are different for the purposes of different functions, and in discharging their duty to consider the desirability of transferring any property, they shall first consider any property of theirs held for the purposes of any functions which is situated outside their area as constituted for the purposes of those functions.

• (3) If a water authority decide that it is desirable to do either or both of the things mentioned in subsection (1) above, they shall make a recommendation to the appropriate Minister or Ministers accordingly, and the appropriate Minister or Ministers may—

• (a) if the water authority recommend the alteration of the boundaries of their area, make an order under section 2 above altering those boundaries in accordance with the recommendation; and

• (b) if the water authority recommend the transfer of any property of theirs, make an order transferring that property and any rights or liabilities of theirs in connection therewith to a water authority specified in the recommendation.

• (4) A statutory instrument containing an order under subsection (3)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Where a water authority area adjoins any part of Scotland, and it appears to the water authority that there may be water in watercourses or underground strata in that part of Scotland, or in the water authority area, which could be transferred from that part of Scotland to the water authority area, or from the water authority area to that part of Scotland, as the case may be, the water authority shall, in so far as they consider it appropriate to do so, consult with regional water boards, river purification authorities and other authorities in that part of Scotland with a view to securing the best use of that water in the public interest.

• (6) In subsection (5) above " river purification authority " has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951.

Part II — Functions of Water Authorities

Transfer to water authorities of functions of river authorities

9

Subject of Part IV of Schedule 5 to this Act and to the provisions of any instrument under this Act, the functions which immediately before 1st April 1974 are exercisable by river authorities as respects their respective areas under any enactment or instrument shall be exercisable by water authorities as respects water authority areas and accordingly, but subject to any such provision, in any enactment or instrument—

• (a) any reference to a river authority or any reference which falls to be construed as a reference to a river authority shall, except where it is a reference to a specified river authority or is to be construed as such, be construed as a reference to a water authority; and

• (b) any reference to a river authority area or any reference which falls to be construed as a reference to a river authority area shall, except where it is a reference to a specified area or is to be construed as such, be construed as a reference to water authority area.

Water conservation

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• (1) It shall be the duty of each water authority to take all such action as the authority may from time to time consider necessary or expedient, or as directions under this Act or the Water Resources Act 1963 may require them to take, for the purpose of conserving, redistributing or otherwise augmenting water resources in their area, of securing the proper use of water resources in their area, or of transferring any such resources to the area of another water authority.

• (2) The reference in this section to action for the purpose of augmenting water resources includes a reference to action for the purpose of treating salt water (whether taken from the sea or elsewhere) by any process for removing salt or other impurities.

Water supply

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• (1) It shall be the duty of a water authority to supply water within their area.

• (2) It shall be the duty of every local authority to take such steps from time to time as may be necessary for ascertaining the sufficiency and wholesomeness of water supplies within their area and to notify the water authority of any insufficiency or unwholesomeness in those supplies.

• (3) Where the following conditions are satisfied, that is to say—

• (a) a local authority notify a water authority that the supply of water to specified premises in the local authority's area is insufficient or unwholesome to the extent of causing a danger to health ; and

• (b) a supply of wholesome water by the water authority for domestic purposes is required for those premises and it is not practicable to provide such a supply in pipes, but is practicable to provide such a supply otherwise, at a reasonable cost;

it shall be the duty of the water authority to provide a supply of wholesome water otherwise than in pipes for domestic purposes to, or within a reasonable distance of, those premises.

• (4) Any dispute between the local authority and the water authority as to the insufficiency or unwholesomeness of any supply of water or whether it causes a danger to health shall be determined by the Secretary of State.

• (5) If any question arises under subsection (3) above whether or not any description of supply of water can be provided at a reasonable cost in the area of a local authority, the Secretary of State, if requested to do so by the local authority, by a parish or community council or by ten or more local government electors in that area, shall after consulting that authority and the water authority, determine that question, and the water authority shall give effect to his determination.

• (6) Subject to subsections (7) and (9) below, any functions exercisable by statutory water undertakers as such under any enactment or instrument shall be exercisable also by water authorities and shall not be exercisable by local authorities, and accordingly (but subject as aforesaid) references in any enactment or instrument to statutory water undertakers as such shall be construed as references to water authorities, statutory water companies, joint water boards and joint water committees, and to no other body.

• (7) The following provisions shall have effect with respect to the supply of water:—

• (a) in sections 27, 36 and 37 of the Water Act 1945 (miscellaneous duties as to the supply of water) references to statutory water undertakers shall be construed as references only to water authorities ;

• (b) subject to any provision to the contrary contained in any instrument made under or by virtue of this Act, Parts VII and IX of Schedule 3 to that Act (supply of water for domestic purposes, and duties as to constancy of supply and pressure) shall apply throughout every water authority area, whether or not applied by or under any other enactment; and

• (c) references in those Parts to statutory water undertakers shall be construed as references only to water authorities.

• (8) Section 10 of that Act (variation of limits of supply) shall not authorise the Secretary of State to vary the boundary between two water authority areas.

• (9) No functions shall be exercisable by local authorities under Part IV of the Public Health Act 1936, except under sections 123, 124(1) and (2), 125(1) and (2), 137, 138, 140 and 141, and accordingly that Part of that Act, except those provisions and section 142, shall cease to have effect.

• (10) In this section, except subsection (6), " local authority " does not include a county council or the Greater Loudon Council.

Supply of water by statutory water companies on behalf of water authorities

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• (1) Where the area of a water authority includes the whole or part of the limits of supply of a statutory water company, the authority shall discharge their duties with respect to the supply of water within those limits through the company.

• (2) Where it appears to a water authority that subsection (1) above will apply to their area on 1st April 1974 they shall, on or before 1st November 1973, or such later date as the Secretary of State may authorise in the case of that authority generally or in any particular case, send to the company concerned a draft of arrangements to be entered into between the authority and the company whereby the company undertake to act on behalf of the authority for the purposes of that subsection and provision is made for such incidental, supplementary and consequential matters (including matters of a financial nature) as the authority think desirable.

• (3) Arrangements for the purposes of subsection (1) above may include provision for—

• (a) the management or operation of sources of supply;

• (b) the supply of water in bulk by or to the company;

• (c) the company's charges for the supply of water.

• (4) If, within a period of two months beginning with the date on which a draft of any such arrangements was sent by a water authority to the company, the water authority and the company have not entered into the arrangements, the water authority shall, within seven days of the end of that period, notify the Secretary of State of that fact and the Secretary of State shall settle the terms of the arrangements, which shall, subject to subsection (5) below, be binding on the authority and the company.

• (5) The parties to any arrangements in force by virtue of the foregoing provisions of this section, as varied (if it be the case) under this subsection, may vary the arrangements or either of the parties may, in default of agreement, apply to the Secretary of State to vary the arrangements and the Secretary of State may by direction to the parties vary the arrangements in a manner specified in the direction and the arrangements as varied shall, subject to a further application of this subsection, be binding on the parties.

• (6) The Secretary of State shall not so settle or vary arrangements under this section as to oblige the company to fix their charges at a level which will endanger their ability, so long as their undertaking is managed efficiently, to provide a reasonable return on their paid-up capital, having regard to their probable future expenditure and to the need to provide for any contributions which they may lawfully carry to any reserve fund or contingency fund, to make good depreciation (in so far as provision therefor is not made by any such fund as aforesaid) and to meet all other costs, charges and expenses properly chargeable to revenue.

• (7) It shall be the duty of a water authority on whose behalf water is being supplied by a statutory water company to take all reasonable steps for making water available to the company to enable them to meet the foreseeable demands of consumers within their limits of supply.

• (8) Subject to the provisions of any order made under section 254 of the 1972 Act as applied by section 34 below, so much of the enactments relating to the undertaking of a statutory water company as imposes on the company any duty to supply water, except Part VIII of Schedule 3 to the Water Act 1945 (supply for public purposes) and any local statutory provision which is similar to any provision of that Part, shall cease to have effect.

• (9) For sections 12 and 13 of the Water Act 1945 (supply of water in bulk and default powers) there shall be substituted the sections set out in Part I of Schedule 4 to this Act.

• (10) Sections 2(1)(b) and (4) and 4(2) to (4) of the Water Act 1948 (which also relate to the supply of water in bulk) shall cease to have effect.

• (11) Part II of Schedule 4 to this Act shall have effect in relation to the making and confirmation of orders by a water authority under sections 12 and 13 of the Water Act 1945 as substituted by Part I of that Schedule.

Power of statutory water undertakers to supply places outside their limits of supply

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• (1) Statutory water undertakers shall have power to make agreements with other statutory water undertakers to supply water outside their limits of supply, subject to such conditions as may be specified in the agreement.

• (2) An agreement under subsection (1) above may contain such incidental, consequential and supplementary provisions as the statutory water undertakers consider necessary or expedient for the purposes of the agreement.

• (3) While statutory water undertakers are supplying water outside their limits of supply in pursuance of an agreement under subsection (1) above, the enactments relating to that part of their limits of supply which is contiguous to the area in which they are supplying water in pursuance of the agreement shall have effect, subject to subsection (4) below, as if the area within which they are thus supplying water were an area within their limits of supply and to which those enactments extend apart from this subsection.

• (4) Where an area in which undertakers are supplying water in pursuance of such an agreement is contiguous to areas within the undertakers' limits of supply but to which different enactments apply, the Secretary of State may determine, upon the application of the undertakers, which of those enactments are to apply to the area in which the undertakers are supplying water in pursuance of the agreement; and the Secretary of State may determine under this subsection that different enactments shall apply to different parts of the area and that any enactment is to apply to the whole of the area or to any part of it subject to such modifications or exceptions as he may specify.

Sewerage and sewage disposal

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

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

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

Arrangements for discharge of sewerage functions

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• (1) Subject to subsection (6) below, it shall be the duty of a water authority and every relevant authority whose area is wholly or partly situated in the water authority's area to endeavour to make arrangements for the relevant authority to discharge as respects their area the functions of the water authority under Part II of the Public Health Act 1936, other than those excepted by subsection (3) below.

• (2) Arrangements under subsection (1) above shall—

• (a) require the relevant authority to prepare and annually revise a programme for the discharge of the said functions as respects their area, having regard to any guidance given to them by the water authority, and to submit every such programme to the water authority for their approval;

• (b) require the relevant authority to carry out any programme approved by the water authority under paragraph (a) above;

• (c) provide for vesting in the water authority any public sewer provided by the relevant authority in pursuance of the arrangements;

• (d) require the relevant authority to provide such vehicles and equipment as may be necessary for maintaining the sewers which it is their function to maintain under the arrangements;

• (e) provide for the water authority to reimburse the relevant authority any expenses incurred by the latter in the discharge of the said functions;

• (f) provide for the relevant authority to conduct on behalf of the water authority any prosecutions or other legal proceedings in connection with the discharge of those functions; and

• (g) provide for the transfer to the water authority of officers of the relevant authority in the event of the ending of the arrangements under subsection (7) below and for the compensation of any such officers who suffer loss as a result of any variation or the ending of the arrangements under that subsection.

• (3) Subsection (1) above shall not apply to any functions of a water authority relating to—

• (a) sewage disposal;

• (b) the maintenance or operation of any sewer which immediately before 1st April 1974 was vested in a joint sewerage board or the Greater London Council.

• (4) Subject to subsection (6) below, a water authority shall, not later than 1st November 1973, or such later date as the Secretary of State may authorise in the case of that authority generally or in any particular case, send to every relevant authority with whom they are under a duty to endeavour to make arrangements under subsection (1) above a draft of the arrangements with the .relevant authority.

• (5) Subject to subsection (6) below, if within a period of two months beginning with the date on which any such draft was sent by a water authority to a relevant authority, the two authorities have not entered into the arrangements, the water authority shall, within seven days of the end of that period, notify the Secretary of State of that fact and the Secretary of State shall settle the terms of the arrangements, which shall be binding on both authorities.

• (6) If at any time before arrangements are settled under this section a water authority and a relevant authority come to the conclusion that in the interests of efficiency it would be inexpedient to enter into any arrangements under subsection (1) above or, as the case may be, to be bound by arrangements settled by the Secretary of State under subsection (5) above—

• (a) the water authority shall not take the action required by subsection (4) or (5) above ; or

• (b) where the water authority have already notified the Secretary of State under subsection (5) above that arrangements have not been entered into, they shall further notify him of the conclusion and he shall not settle the terms of the arrangements.

• (7) The parties to any arrangements in force by virtue of subsection (1) or subsection (5) above, as varied (if it is the case) under this subsection, may vary or end the arrangements, or either of the parties may, in default of agreement, apply to the Secretary of State to vary or end the arrangements and the Secretary of State may by direction to the parties vary the arrangements in a manner specified in the direction or end the arrangements, and—

• (a) in the case of variation, the arrangements shall (subject to a further application of this subsection), be binding on the parties ; and

• (b) the ending of the arrangements shall not preclude the parties from entering into further arrangements under this section.

• (8) Where by virtue of this section any functions of a water authority are to be discharged by a local authority, then, subject to the terms of the arrangements, the local authority may arrange for the discharge of those functions by a committee, subcommittee or officer of theirs and—

• (a) where by virtue of this subsection any such functions may be discharged by a committee of a local authority, then, unless the water authority or local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the local authority; and

• (b) where by virtue of this subsection any such functions may be discharged by a sub-committee of a local authority, then, unless the water authority, the local authority or the committee otherwise direct, the subcommittee may arrange for the discharge of any of those functions by an officer of the local authority.

• (9) Any arrangements made by a local authority or committee under subsection (8) above for the discharge of any functions by a committee, sub-committee or officer shall not prevent the authority or committee by whom the arrangements are made from discharging those functions.

• (10) In this section " relevant authority " means—

• (a) except in relation to a new town as respects which an order is in force under section 34 of the New Towns Act 1965, the council of a district or London borough or the Common Council of the City of London; and

• (b) in relation to any such new town, whichever of the following bodies is selected by the water authority, that is to say, the development corporation and any such council within whose area the town is wholly or partly situated.

Requisitioning of sewers for domestic purposes

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• (1) It shall be the duty of a water authority to provide any public sewer to be used for domestic purposes for the drainage of premises in their area—

• (a) if the owners or occupiers of the premises require the authority to provide a public sewer, otherwise than for the drainage of new buildings which they propose to erect on the premises, and the conditions mentioned in subsection (2) below are satisfied; or

• (b) if the owners of the premises require the authority to provide a public sewer for the drainage of new buildings which they propose to erect on the premises and the conditions mentioned in subsection (3) below are satisfied; or

• (c) if the conditions specified in subsection (4) below are satisfied.

• (2) In a case to which paragraph (a) of subsection (1) above applies, the conditions which must be satisfied are—

• (a) that the reckonable charges payable in respect of the premises will not be less than the qualifying amount; and

• (b) that the persons making the requisition agree severally with the water authority to pay the reckonable charges in respect of the premises for three years at least from the date on which the laying of the sewer is completed.

• (3) In a case to which paragraph (b) of subsection (1) applies, the conditions which must be satisfied are—

• (a) that the sewer which the owners of the premises require the water authority to provide is a sewer communicating (in such manner and in such place as the authority consider appropriate) with a private sewer provided by the owners; and

• (b) that the owners undertake to meet any relevant deficit.

• (4) The conditions mentioned in paragraph (c) of subsection (1) above are—

• (a) that the reckonable charges payable in respect of the premises will be less than the qualifying amount; and

• (b) that the local authority in whose area the premises are situated undertake to meet any relevant deficit.

• (5) Any obligation to pay an annual sum under subsection (3) or (4) above shall cease on the expiration of a period of twelve years from the date on which the laving of the sewer is completed.

• (6) A water authority may require a landowner (other than a public authority) to deposit with them, as security for the payment of an annual sum under subsection (3) above, such sum, not exceeding the total expense of laying the sewer, as the water authority may require.

• (7) The water authority shall pay interest at a rate prescribed by regulations made by the Secretary of State or, if no rate is for the time being prescribed, at 4 per cent. per annum, on any sum in their hands by virtue of subsection (6) above, and—

• (a) shall, on the request of the landowner appropriate out of that sum any amount due under his undertaking; and

• (b) when the undertaking is finally discharged, repay to him any sum remaining in their hands.

• (8) A water authority may agree with a local authority or any other person who is obliged by virtue of this section to meet any portion of the expense of providing a sewer that the whole or any part of the amount for which that person is liable shall be deemed to be satisfied by payment of a capital sum.

• (9) If the conditions mentioned in subsection (2), (3) or (4) above are satisfied and the water authority do not lay the necessary sewer within six months or such longer period as may be agreed between the parties or be determined under subsection (10) below, they shall, unless they show that the failure was due to unavoidable accident or other unavoidable cause, be liable on summary conviction to a fine not exceeding £400.

• (10) Any dispute arising under this section—

• (a) as to the qualifying amount in the case of any premises ;

• (b) as to the nature or extent of the work necessary for laying a sewer; or

• (c) as to the period within which a sewer is to be laid,

shall be determined by a referee appointed by the parties or in default of agreement by the President of the Institution of Civil Engineers.

• (11) In this section—

• " local authority " does not include a county council or the Greater London Council;

• " qualifying amount ", in relation to any premises, means one eighth of the expense of providing such a sewer as is sufficient to satisfy the requirements of subsection (1) above in the case of those premises and of providing any other sewer which it is necessary or appropriate to provide in consequence;

• " reckonable charges ", in relation to a sewer, means charges in respect of the drainage of premises attributable to its use and includes such proportion of any charge payable under Part III of this Act for services which include sewerage as is stated by the water authority to be so attributable;

• " relevant deficit " means the difference between the qualifying amount and the reckonable charges received by a water authority in respect of each year.

• (12) A sewer shall be treated for the purposes of this section as used for domestic purposes if it is used for removing the contents of a lavatory or removing water used for cooking or washing other than water used for the business of a laundry or a business of preparing food or beverages for consumption otherwise than on the premises.

• (13) It shall be the duty of a water authority, at the request of any person, to state the proportion of any charge under Part III of this Act which is a reckonable charge for the purposes of this section.

• (14) Nothing in section 14 above or any arrangements made under section 15 above shall be taken to impose on a water authority any such obligation to provide a public sewer as may be imposed on them under this section without the requirements of this section being satisfied.

River pollution

17

• (1) The Rivers (Prevention of Pollution) Acts 1951 to 1961 shall have effect in relation to new or altered outlets or discharges of a water authority subject to such exceptions and modifications as may be prescribed by regulations made by the Secretary of State.

• (2) Any such regulations may in particular provide for securing—

• (a) that consent to tile bringing into use of a new or altered outlet or the making of a new discharge shall be granted (or be deemed to be granted) by the Secretary of State;

• (b) that, in such cases and subject to such conditions as may be prescribed by the regulations, any necessary consent shall be deemed to be granted by the Secretary of State unless the Secretary of State requires an application for it to be made to him by the water authority; and

• (c) that where a consent is deemed to be granted as mentioned in paragraph (b) above, the water authority shall give such notice of that fact as may be prescribed by the regulations.

• (3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) In section 7 of the Rivers (Prevention of Pollution) Act 1951 (restrictions on new or altered outlets for the discharge of trade or sewage effluents), subsection (9) and the proviso to subsection (16) shall cease to have effect.

• (5) Where an estuary is situated in the areas of two or more water authorities, the Secretary of State may direct those authorities to make arrangements under section 6 above for the discharge by a joint committee of theirs of their functions relating to the restoration and maintenance of the wholesomeness of rivers and other waters.

Fisheries

18

Land drainage

19

General provisions as to recreation

20

• (1) Every water authority and all other statutory water undertakers may take steps to secure the use of water and land associated with water for the purposes of recreation and it shall be the duty of all such undertakers to take such steps as are reasonably practicable for putting their rights to the use of water and of any land associated with water to the best use for those purposes.

• (2) In discharging their duty under subsection (1) above statutory water undertakers other than a water authority shall consult the water authority for the area in which the water or land in question is situated and shall take account of any proposals formulated by the authority for discharging their own duty under that subsection.

• (3) A water authority may, with the consent of the owner of an inland water which they have no right to use for the purposes of recreation or of land associated therewith and of any other person having a right to use the water or an estate or interest in the land, use the water or land for those purposes.

• (4) In exercising their functions under subsection (1) or (3) above a water authority shall not obstruct or otherwise interfere with navigation which is subject to the control of a harbour or navigation authority without the consent of the harbour or navigation authority.

In this subsection " harbour authority " has the same meaning as in the Harbours Act 1964 and " navigation authority " has the same meaning as in the Water Resources Act 1963.

• (5) Where the Secretary of State makes an order under section 23 of the Water Act 1945 or section 67 of the Water Resources Act 1963 authorising a water authority to carry out works for or in connection with the construction or operation of a reservoir in England or conferring compulsory powers for that purpose on a water authority, and it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area, he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

Discharge of functions with respect to recreation in Wales

21

• (1) The Welsh authority shall, after consultation with the Severn-Trent Water Authority, prepare a plan for the use for the purposes of recreation of the rights of both authorities to the use of water in Wales and of any land in Wales associated with water.

• (2) Any such plan, in so far as it falls to be carried out in the area of the Severn-Trent Water Authority, shall be carried out by that authority in accordance with a scheme agreed between them and the Welsh authority or, in default of agreement, in accordance with any directions of the Secretary of State.

• (3) Without prejudice to paragraph 2 of Schedule 3 to this Act, the Welsh authority may acquire by agreement any right to use water in Wales and any estate or interest in, or right over, land in Wales which is associated with water for die purpose of using the water or land for the purposes of recreation.

• (4) Where the Welsh authority acquire any estate, interest or right under subsection (3) above which relates to water or land in the area of the Severn-Trent Water Authority, they may instead of using it themselves for the purposes of recreation grant the Severn-Trent Water Authority such derivative estate, interest or right as may be appropriate for enabling that authority to use it for those purposes.

• (5) It shall be the duty of a water authority who are carrying out works for or in connection with the construction or operation of a reservoir in Wales which permanently affect one or more communities and are not primarily intended by the authority to benefit the inhabitants of that or those communities to provide, or assist others to provide, facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

• (6) A water authority shall, in discharging their duty under subsection (5) above, consult the community councils of the communities affected in the case of communities having such councils, and in any case the council of any district in which any community affected is situated.

Duties with regard to nature conservation and amenity

22

• (1) In formulating or considering any proposals relating to the discharge of any of the functions of water authorities, those authorities and the appropriate Minister or Ministers shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest, and of protecting buildings and other objects of architectural, archaeological or historic interest and shall take into account any effect which the proposals would have on the beauty of, or amenity in, any rural or urban area or on any such flora, fauna, features, buildings or objects.

• (2) In formulating or considering any such proposals, water authorities and the appropriate Minister or Ministers shall have regard to the desirability of preserving public rights of access to areas of mountains, moor, heath, down, cliff or foreshore and other places of natural beauty and shall take into account any effect which the proposals would have on the preservation of any such rights of access.

• (3) Where the Nature Conservancy Council are of opinion that any area of land, not being land for the time being managed as a nature reserve, is of special interest by reason of its flora, fauna or geological or physiographical features and may at any time be affected by schemes, operations or activities of a water authority, it shall be the duty of that council to notify that fact to the water authority in whose area the land is situated.

Water Space Amenity Commission

23

Periodical reviews, plans and programmes

24

• (1) It shall be the duty of each water authority, as soon as practicable after 1st April 1974, in consultation with any water authority or authorities likely to be affected by the matters mentioned below—

• (a) to carry out a survey of the water in their area, the existing management of that water, the purposes for which it is being used and its quality in relation to its existing and likely future uses, and to prepare a report setting out the results of the survey;

• (b) to prepare an estimate of the future demand for the use of that water during the period of twenty years from the date on which the survey is completed or such longer or shorter period from that date as the appropriate Minister or Ministers may in any particular case direct; and

• (c) to prepare a plan as to action to be taken during that period by the authority (whether by way of executing works or securing the execution of works by other persons or otherwise) for the purpose of securing more efficient management of water in their area, including the meeting of future demands for water and the use of water and restoring or maintaining the wholesome-ness of rivers and other inland or coastal waters in their area.

• (2) Where a statutory water company are supplying water in a water authority area, the water authority may require that company—

• (a) to carry out a survey of the existing consumption of and demand for water supplies in the part of the water authority area within their limits of supply ;

• (b) to prepare an estimate of the future water supply requirements of that part of the area ;

• (c) to formulate proposals for meeting the existing or future water supply requirements of that part of the area, including proposals for the joint use with any other statutory water undertakers of any existing or proposed new source of water supply ; and

• (d) to submit a report on any of the matters mentioned in paragraphs (a) to (c) above to the water authority within such time as the authority may specify.

• (3) Each water authority shall keep under review the particulars contained in any report or estimate prepared by them, and any plan prepared by them, under subsection (1) above, and shall at the times required by subsection (4) below revise those particulars and that plan, either by way of amendment or by taking fresh steps under subsection (1) above, or both, as the authority may consider appropriate having regard to changes which have occurred since the previous survey or (as the case may be) the revision last effected by them under this subsection.

• (4) The times at which a water authority are to carry out a revision under subsection (3) above shall be at intervals of not more than seven years, and, subject to that requirement, such times as they consider appropriate having particular regard to the times at which like revisions are proposed to be carried out by other water authorities.

• (5) Subsection (1) above shall not apply to water authorities' land drainage functions, but it shall be the duty of each water authority to carry out from time to time, and in any event at such times as the Minister may direct, a survey of their area in relation to those functions.

• (6) A water authority shall from time to time prepare, in the light of the most recent surveys (if any) carried out and the most recent plan (if any) prepared by them under the foregoing provisions of this section, one or more programmes of a general nature for the discharge of their functions over a period of not more than seven years and shall submit any such programme for the approval of the appropriate Minister or Ministers, and, if the appropriate Minister or Ministers so direct, shall at such time or times as may be specified in the direction, prepare and submit for his or their approval one or more such programmes, containing particulars of any description so specified, for the carrying out by the authority during a period so specified of projects of any class so specified.

• (7) Any programme of a water authority under subsection (6) above relating to the supply of water shall take account of any operations proposed under subsection (2) above to be undertaken in their area by a statutory water company, joint water board or joint water committee and involving a substantial outlay on capital account.

• (8) In carrying out their duty under the foregoing provisions of this section a water authority shall—

• (a) consult every local authority whose area is wholly or partly included in the area of the water authority; and

• (b) have regard to any of the following plans prepared for any part of that area under the Town and Country Planning Act 1971, that is to say, a structure plan, a local plan and any development plan within the meaning of Schedule 8 to that Act.

• (9) A water authority or other statutory water undertakers shall, in carrying out any project involving substantial outlay on capital account, act in accordance with any approved programme for the time being applicable to the discharge of their functions or the carrying out of their operations under subsection (6) above.

• (10) Each water authority shall make arrangements for the carrying out of research and related activities (whether by the authority or by others) in respect of matters affecting the authority's functions, and in particular, but without prejudice to the generality of this subsection, may make arrangements for the carrying out of research and related activities in respect of such matters by subscribing or otherwise financially contributing to an organisation formed for that purpose.

• (11) The appropriate Minister or Ministers may give directions to a water authority with respect to the making of arrangements under subsection (10) above.

• (12) In the performance of their functions under this section a water authority shall consult the appropriate Minister or Ministers ; and every authority—

• (a) shall send to the appropriate Minister or Ministers, to every local authority whose area is wholly or partly included in the area of the water authority and to the Water Space Amenity Commission a copy of any report prepared by the water authority in consequence of a survey under this section and of any amendments made by them to any such report;

• (b) shall furnish a copy of any such report or amendments to any person on payment of such reasonable sum as the authority may determine; and

• (c) shall furnish the appropriate Minister or Ministers with such other information as he or they may reasonably require with respect to anything done by the water authority in pursuance of this section.

Discharge of recreation and amenity functions in and around Greater London

25

Duties of statutory water undertakers and Council to their staff

26

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

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

Superannuation of employees of statutory water undertakers

27

• (1) Statutory water undertakers may establish and administer pension schemes and pension funds in the interests of persons who are or have been employed by them, and may pay pensions, allowances and gratuities to or in respect of such persons or enter into and carry into effect agreements or arrangements with any other person for securing or preserving pension rights for any such persons.

• (2) It shall be the duty of all statutory water companies, by participating in a scheme for or in respect of persons who are or have been employed by any such company, to secure benefits in respect of their service after their entry into the scheme not less in amount than the corresponding benefits for employees and former employees of water authorities in the standard water authority scheme and on terms (including terms as to the transferability of benefits) not less favourable to the persons entitled to the benefits than the terms of that scheme ; and in this section " standard water company scheme " means a scheme under this subsection and " standard water authority scheme " means a scheme designated by an order under subsection (3) below.

• (3) The Secretary of State may by order—

• (a) designate any scheme made for or in respect of employees and former employees of water authorities (including in particular a scheme contained in regulations under section 7 of the Superannuation Act 1972) as the standard water authority scheme ;

• (b) designate a corporation to manage the standard water company scheme; and

• (c) prescribe a date before which any person who is in the employment of a statutory water company on 31st March 1974 and intends to remain in the employment of such a company after that date, and for whom on that date superannuation arrangements will be in operation, may opt that the standard water company scheme shall not apply to him.

• (4) A person who has exercised the option conferred by subsection (3)(c) above may revoke it at any time after 31st March 1974.

• (5) Every employee of a statutory water company who is eligible for membership of the standard water company scheme shall be a member of that scheme unless he has exercised the option conferred by subsection (3)(c) above and has not revoked it.

• (6) Any question whether the terms of the standard water company scheme are less favourable than the terms of the standard water authority scheme shall be determined by the Secretary of State.

• (7) The powers conferred on statutory water undertakers by this section are without prejudice to any of their other powers.

Emergencies and disasters

28

Where an emergency or disaster involving destruction of or damage to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster and a water authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants in a way connected with the discharge of their functions, they shall assist any principal council within the meaning of section 138 of the 1972 Act in taking any action under that section which is calculated to avert, alleviate or eradicate in the water authority area or among its inhabitants the effects or potential effects of the event.

Part III

General duties and powers relating to finance

29

• (1) It shall be the duty of every water authority so to discharge their functions as to secure that, taking one year with another, their revenue is not less than sufficient to meet their total outgoings properly chargeable to revenue account.

• (2) The Secretary of State may with the approval of the Treasury and after consultation with the Council by order direct—

• (a) that an authority shall discharge their functions during any period specified in the direction with a view to securing that they achieve in respect of that period a rate of return on the value of their net assets (as for the time being defined for the purposes of this section by the Secretary of State) which is not less than such rate as the Secretary of State specifies in the direction as the rate of return which he considers it is reasonable for the authority to achieve;

• (b) that an authority shall in the discharge of their functions be under any such other financial obligation (in addition to or instead of an obligation imposed by virtue of paragraph (a) above) as the Secretary of State may think fit

• (3) An order made by virtue of paragraph (a) of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) An order shall not be made by virtue of paragraph (b) of subsection (2) above unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

• (5) It shall be the duty of every water authority to secure that their charges make a proper contribution to the discharge of their duty under this section and Part III of Schedule 3 to this Act, taking into account their present circumstances and future prospects and any directions given to them under this section.

Water charges

30

• (1) Subject to the provisions of this Act, a water authority shall have power to fix, and to demand, take and recover such charges for the services performed, facilities provided or rights made available by them (including separate charges for separate services, facilities or rights or combined charges for a number of services, facilities or rights) as they think fit.

• (2) A water authority may fix any of their charges by means of a scheme under section 31 below or by agreement with any person.

• (3) Subject to subsections (4) to (6) below, a water authority may fix their charges by reference to such criteria, and may adopt such system for the calculation of their amount, as appears to them to be appropriate.

• (4) In fixing charges for services, facilities or rights a water authority shall have regard to the cost of performing those services, providing those facilities or making available those rights.

• (5) A water authority may make different charges for the same service, facility or right in different cases, but it shall be the duty of every water authority to take such steps as will ensure that, as from a date not later than 1st April 1981, their charges are such as not to show undue preference to, or discriminate unduly against, any class of persons.

• (6) The Secretary of State may, after consultation with the Council, give all or any of the water authorities directions as to the criteria to be applied or the system to be adopted by them under subsection (3) above and in giving a direction under this subsection the Secretary of State shall have regard to the provisions of subsections (4) and (5) above.

• (7) Where a water authority introduce a new system of charges, they may make such transitional charging arrangements as they think fit applying for a period not exceeding five years.

• (8) Nothing in any enactment passed before this Act shall so operate, in relation to a water authority, as to oblige them to fix separate charges for separate services, facilities or rights.

• (9) No local statutory provision, other than one which expressly provides, in relation to any service, facility or right, that no charge shall be made for it, shall limit the discretion of a water authority or of a statutory water company through whom such an authority are supplying water as to the charges to be made by them, whether it purports to limit them by specifying or providing for specifying the charges to be made, or by fixing or providing for fixing maximum charges, or otherwise.

• (10) Any such limitation in a local statutory provision shall cease to have effect on 1st April 1974, but water authorities and companies through whom water authorities are supplying water shall, in fixing their charges as respects any period beginning not earlier than 1st April 1974 and ending before 1st April 1981, have regard to any special circumstances which appear to them to be relevant and, in particular, to any differences in the levels of charges which would, apart from the cesser, have been likely to be in force after the former date in different parts of the area to which the provision applied.

Charges schemes

31

• (1) A water authority may make a scheme (in this Act referred to as a " charges scheme ") for the charges to be paid for any services performed, facilities provided or rights made available by the authority.

• (2) The charges to be paid to an authority for any services, facilities or rights to which a charges scheme of that authority relates shall be those for which the scheme provides.

• (3) The Secretary of State may give directions to all water authorities or any particular water authority as to the services, facilities or rights for which provision is to be made in a charges scheme.

• (4) All charges schemes shall be so framed as to show the methods by which and the principles on which the charges are to be made, and shall be published in such manner as in the opinion of the authority will secure adequate publicity for them.

• (5) A charges scheme may revoke or amend any previous charges scheme made by the authority.

• (6) Nothing in any charges scheme shall affect any power of a water authority to make any such agreement as to charges as they are empowered to make by any enactment passed before this Act, and in particular by—

• (a) section 7 of the Public Health (Drainage of Trade Premises) Act 1937 (reception and disposal of trade effluents);

• (b) section 27 of the Water Act 1945 (supply of water for non-domestic purposes); and

• (c) section 63 of the Water Resources Act 1963 (special charges in respect of spray irrigation).

Meters

32

Part IV — Miscellaneous

Abolition of existing central and local bodies

33

Consequential, transitional and supplementary provision

34

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

• (2) The provisions of Part II of that Schedule, being provisions which reproduce with modifications certain provisions of section 262 of the 1972 Act (local Acts and instruments), shall have effect with respect to local statutory provisions in force immediately before 1st April 1974.

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

Isles of Scilly

35

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

• (3) Except as provided by an order under this section, this Act shall not extend to the Isles of Scilly.

Orders, regulations and byelaws

36

• (1) Any power to make orders or regulations conferred on the appropriate Minister or Ministers by or by virtue of this Act shall be exercisable by statutory instrument.

• (2) Any power to make an order conferred by or by virtue of any provision of this Act shall include power to make an order varying or revoking any order previously made under or by virtue of that provision.

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

Expenses

37

There shall be defrayed out of moneys provided by Parliament—

• (a) any expenses incurred by any Minister under this Act;

• (b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation

38

• (1) In this Act, unless the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “the appropriate Minister or Ministers” and “the Ministers” have the meanings assigned to them by section 1 above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “county”, “district”, “county council”, and “district council”, mean respectively a county, district, county council and district council established by the 1972 Act;

• “development corporation” means a development corporation established under the New Towns Act 1965 or any Act replaced by that Act;

• “existing local authority” means a local authority within the meaning of the Local Government Act 1933;

• “joint water board” and “joint water committee” mean respectively a joint board and a joint committee which has been constituted under section 9 of the Water Act 1945 and on which a statutory water company is represented;

• “land drainage” includes defence against water (including sea water), irrigation other than spray irrigation, warping and the provision of flood warning systems, and “land drainage functions” shall be construed accordingly;

• “local authority” means a county council, . . . a district council, a London borough council or the Common Council of the City of London;

• “local land drainage committee” and “regional land drainage committee”mean respectively the committees referred to by those names in sections 2 and 4 respectively of the Land Drainage Act 1976;

• “local land drainage district” means a local land drainage district established or continued under section 4 of the Land Drainage Act 1976 and any part of a water authority area which is to be treated as a local land drainage district for the purposes of sections 45 to 49 of that Act (in accordance with section 89(2) of that Act);

• “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect to some area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• “London excluded area” has the meaning given by section 116 of the Land Drainage Act 1976;

• “the 1972 Act” means the Local Government Act 1972;

• “public authority” includes a statutory water company;

• “public sewer” has the same meaning as in the Public Health Act 1936 and “private sewer” shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “river authority”, “underground strata”, “inland water”, “watercourse” and “water resources” have the same meanings respectively as in the Water Resources Act 1963;

• “statutory water company” means a company authorised immediately before the passing of this Act by any local statutory provision to supply water or a company in whom the assets of any company so authorised have subsequently become vested;

• “statutory water undertakers” has the meaning assigned to it by section 11(6) above;

• “supply of water in bulk” and “water fittings” have the same meanings as in the Water Act 1945;

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

• (3) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

Commencement

39

• (1) The following provisions of this Act shall come into operation on 1st April 1974, that is to say—

• section 9, except so far as relating to sections 21 and 22 of the Land Drainage Act 1930, Part VI of the Local Government Act 1948, section 21 of the Land Drainage Act 1961 and section 82 of the Water Resources Act 1963;

• section 10;

• section 11, except subsection (6) so far as relating to section 12 of the Water Act 1945;

• section 12(1) and (6) to (11), except subsections (9) and (11) so far as relating to section 12 of the Water Act 1945;

• section 13(3) and (4);

• section 14;

• section 16;

• section 17;

• section 18;

• section 19(6) to (11);

• section 20;

• section 21(3) to (6);

• section 24;

• section 25;

• section 28;

• section 29(1);

• section 33;

• section 40(2), except so far as relating to the amendments of the House of Commons Disqualification Act 1957 made by Schedule 8;

• section 40(3).

• (2) Any provision of, or any instrument made under, another Act which is modified or amended by a provision of this Act which comes into operation before 1st Aril 1974 shall between the passing of this Act and that date have effect both as modified or amended by this Act and as it would have had effect without the modification or amendment.

Short title, minor amendments, repeals and extent

40

• (1) This Act may be cited as the Water Act 1973.

• (2) The enactments specified in Schedule 8 to this Act shall have effect subject to the amendments, modifications and adaptations set out in that Schedule, being amendments, modifications and adaptations which are consequential on the foregoing provisions of this Act and minor amendments.

• (3) The enactments specified in Schedule 9 to this Act (which include enactments that were obsolete or unecessary before the passing of this Act) are hereby repealed to the extent mentioned in column 3 of that Schedule.

• (4) The following provisions of this Act, that is to say—

• (a) section 4(5) to (8), so far as relating to the matters mentioned in section 4(5)(d) and (e);

• (b) section 9, so far as relating to any enactment which extends to Scotland;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) paragraphs 43, and 93 of Schedule 8;

• (e) in Schedule 9, the repeals in the Water (Scotland) Act 1967; and

• (f) so much of this Act as relates to the interpretation or commencement of the foregoing provisions;

extend to Scotland, but except as aforesaid this Act does not extend to Scotland.

• (5) This Act, except section 4(5) to (8), so far as relating to the matters mentioned in section 4(5)(d) and (e) . . . and so much of this Act as relates to the interpretation of those provisions, does not extend to Northern Ireland.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 1 AND 2

SCHEDULE 2

PART I — Boundaries of Water Authority Areas

General

1

• (1) An order under section 2 above which establishes a water authority or alters the boundaries of a water authority area shall define the water authority area to which it relates, and any waters comprised in it which it is necessary to define for the purpose of the exercise of any of the water authority's functions, in such a way that that area and any such waters can be identified by members of the public and. without prejudice to the 'generality of this paragraph, any such order may define the whole or any part of a water authority area or of any such waters—

• (a) by reference to areas or waters defined for the purposes of the exercise of functions relating to water in enactments in force immediately before the passing of this Act;

• (b) by reference to any map;

• (c) by reference to any instrument made under an enactment;

or partly by one of those means and partly by another or the others.

• (2) For the purposes of this Schedule a map of any area or any waters may consist of a number of maps of parts of that area or those waters and there may be different maps in relation to different functions of a water authority.

• (3) In this Part of this Schedule " low-water mark " means low-water mark of ordinary spring tides, and "the sea" includes any bay, estuary or arm of die sea.

Seaward boundaries of water authority areas for general purposes

2

• (1) Without prejudice to section 19(1) of the Land Drainage Act 1961, the seaward boundary of a water authority area for the purposes of the functions of the authority shall, except as provided by an order under section 2 above or paragraph 3, 4 or 5 below, be low water mark on the coast of the area.

• (2) Subject to any order made under section 2 above, where a river, stream or other watercourse, whether natural or artificial and whether tidal or not, or any creek in so far as it does not form part of such a watercourse, discharges into the sea, the whole of the mouth of the watercourse within a line from low-water mark at the seaward extremity of one bank to low-water mark at the seaward extremity of the other bank, or the whole of the creek within such a line, as the case may be, shall form part of a water authority area, and, if both banks are in the same water authority area, shall form part of that water authority area.

• (3) Where the entrance to a dock is on the coast, the whole of the dock shall form part of a water authority area, and, if both sides of the dock are in the same water authority area, shall form part of that water authority area.

• (4) Where sub-paragraph (2) or sub-paragraph (3) above applies, but the banks of the watercourse or creek or the sides of the dock, as the case may be, are in different water authority areas, an order under section 2 above may designate the water authority area in which any part of the watercourse, creek or dock is to be comprised.

3

In any such case as is mentioned in paragraph 2(4) above, an order under section 2 above may designate any tidal waters and direct that, so far as they are below low-water mark, they shall be excluded from all the water authority areas ; and an order made solely for that purpose may designate the waters to which it applies as being all tidal waters which, in so far as they are below low-water mark, lie to seaward of a line specified in the order by reference to a map.

Seaward boundaries for the purposes of fisheries functions

4

• (1) Subject to any order under section 2 above, for the purposes of the functions of a water authority relating to fisheries, the area of the authority shall include those tidal waters and parts of the sea adjoining the coast of the water authority area in which Her Majesty's subjects have the exclusive right of fishing.

• (2) Any question arising under this paragraph as to the extent of the area of a water authority shall be determined by the Minister, whose decision shall be final.

Seaward boundaries for the purposes of river pollution functions

5

• (1) Subject to any order under section 2 above, for the purposes of the functions of a water authority relating to the restoration and maintenance of the wholesomeness of rivers and other waters, the area of the authority shall include those tidal waters and parts of the sea adjoining the coast of the water authority area to which any of the provisions of the Rivers (Prevention of Pollution) Act 1951 apply—

• (a) by virtue of an order made, or having effect as if made, under section 6 of that Act; or

• (b) by virtue of section 9(2) of the Rivers (Prevention of Pollution) Act 1961 (which applies certain provisions of that Act to controlled waters as defined in the Clean Rivers (Estuaries and Tidal Waters) Act 1960).

• (2) Any question arising under this paragraph as to the extent of the area of a water authority shall be determined by the Secretary of State, whose decision shall be final.

PART II — Maps

6

In this Part of this Schedule—

• " area map " means a map of a water authority area;

• " main river map " means a map of a water authority area relating to a water authority's land drainage functions— which shows by a distinctive colour the extent to which any watercourse in that area is to be treated as the main river, or part of the main river, for the purposes of Part II of the Land Drainage Act 1930, and which indicates (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 3 of the Land Drainage Act 1961 (designation of watercourses for drainage works in the interests of agriculture).

7

As soon as practicable after the coming into force of an order under section 2 above establishing a water authority or altering a water authority area, the Secretary of State shall send the authority one or more maps which are to be their area map in relation to their functions, except their land drainage functions, or shall notify them of-one or more maps which are to be their area map as aforesaid, or partly one and partly the other.

8

The main river maps on 1st April 1974 shall consist of the following maps, in so far as not replaced by maps sent to water authorities under paragraph 9 below:—

• (a) in the case of the areas which immediately before that date consisted of the Thames Catchment Area and the Lee Catchment Area, of maps prepared under section 5 of the Land Drainage Act 1930 and current immediately before that date,

• (b) in the case of other areas, of main river maps kept by river authorities immediately before that date under section 11 of the Water Resources Act 1963,

and in either case, shall also consist of any maps sent to water authorities under paragraph 9 below.

9

The Minister may at any time send a water authority one or more new maps to be substituted for the whole or part of the main river map of the authority's area, and containing a statement to that effect specifying the date on which the substitution is to take effect; and the substitution shall take effect in accordance with the statement.

10

Until a main river map of a water authority area has been prepared showing the boundaries of that area for the purposes of the water authority's land drainage functions, the boundaries of the water authority area as shown on the area map for the purposes of the authority's functions relating to water conservation shall be treated also as the boundaries of the water authority area for the purposes of their land drainage functions.

11

• (1) Where—

• (a) the area of a water authority is altered so as to affect any of the particulars shown on their main river map, or

• (b) the Minister confirms a scheme under section 3 of the Land Drainage Act 1961, or

• (c) a water authority apply to the Minister for the variation of their main river map, so far as it shows the extent to which any watercourse is to be treated as the main river or part of the main river,

the Minister shall take such action as he considers appropriate either—

• (i) by requiring the relevant water authority to send him any part of their main river map, altering it and sending it back to them, or

• (ii) by preparing a new main river map and sending it to the water authority, or

• (iii) by notifying the authority that he does not intend to vary their main river map.

• (2) Before altering a map or preparing a new map under paragraph (c) of sub-paragraph (1) above the Minister shall give notice of his intention to do so in such manner as he thinks best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then alter or prepare the map, whether in accordance with the proposals contained in the notice or otherwise.

12

• (1) Every water authority shall, subject to paragraph 11(1) above, keep their area maps at their principal office and provide reasonable facilities for inspecting those maps and taking copies of and extracts from them.

• (2) Any local authority whose area is wholly or partly within a water authority area shall, on application to the water authority, be entitled to be furnished with a copy of any of the authority's area maps, on payment of such sum as the local authority and the water authority may agree.

13

• (1) An area map relating to any functions shall be conclusive evidence for all purposes as to the boundaries of the water authority area in relation to those functions.

• (2) A main river map shall be conclusive evidence for all purposes as to what is the main river.

• (3) An area map shall be taken to be a document within the meaning of the Documentary Evidence Act 1868, as that Act applies to the Secretary of State and the Minister; and that Act, as it so applies shall have effect—

• (a) in relation to an area map other than a main river map, as if it had been issued by the Secretary of State and the Minister acting separately and not jointly ;

• (b) in relation to a main river map, as if it had been issued by the Minister.

PART III — Alteration of Boundaries

14

• (1) Before making an order altering the boundaries of a water authority area the Ministers shall—

• (a) consult with such persons or representative bodies as they consider it appropriate to consult at that stage;

• (b) prepare a draft order;

• (c) cause a notice to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected—

• (i) stating their intention to make the order and its general effect;

• (ii) specifying the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette ; and

• (iii) stating that any person may within that period by notice in writing to the Ministers object to die making of the order.

• (2) The Ministers shall also cause copies of the notice and of the draft order to be served on any public authorities who appear to them to be concerned.

15

• (1) Before making an order altering the boundaries of a water authority area, the Ministers shall consider any objections which may be duly made to the draft order, and may if they think fit cause a local inquiry to be held with respect to any such objections; and the Ministers may make the order either in the form of the draft or in that form as altered in such manner as they may think fit, but no order shall be made so as to include in any water authority area any tidal waters which would have been outside all the water authority areas if the order had been made in the form of the draft.

• (2) Subsections (2) to (5) of section 250 of the 1972 Act shall apply in relation to a local inquiry under this paragraph as they apply to a local inquiry which a Minister causes to be held under subsection (1) of that section, but with the substitution in subsection (4) for the words " such local authority or " of the words " such water authority or ".

16

• (1) Where an objection has been duly made by any body on whom notice is required to be served under paragraph 14 above and has not been withdrawn, then, if the order is made, the Ministers shall serve notice of the making of the order on every such body who has duly made an objection which has not been withdrawn.

• (2) Where a notice is required to be served under sub-paragraph (1) above, the order shall not have effect before the expiry of a period of twenty-eight days from the date of service of that notice; and if within that period any such body gives notice to either of the Ministers objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

17

A statutory instrument containing an order altering the boundaries of a water authority area which is not subject to special parliamentary procedure shall be subject to annulment in pursuance of a resolution of either House of Parliament.

18

After making an order altering the boundaries of a water authority area the Ministers shall publish in the London Gazette, and in such other manner as they think best adapted for informing persons affected, a notice stating that the order has been made and naming the places where a copy of the order may be seen at all reasonable hours:

19

• (1) Subject to sub-paragraph (2) below, if any person desires to question the validity of an order altering the boundaries of a water authority area on the ground that it is not within the powers of this Act, or that any requirement of this Act has not been complied with, he may, within six weeks after the first publication of the notice required by paragraph 18 above, make an application for the purpose to the High Court; and if any such application is duly made, the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant.

• (2) Sub-paragraph (1) above shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if for the reference to the first publication of the notice required by paragraph 18 above there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

• (3) Except as provided by sub-paragraph (1) above, the validity of an order altering the boundaries of a water authority area shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

SCHEDULE 3

Part I

General

1

A water authority shall be a body corporate.

2