Water Act 1973

• (5) Any member of a regional or local land drainage committee appointed by or on behalf of a constituent council who at the time of his appointment was a member of that council shall if he ceases to be a member of that council, cease also to be a member of the committee at the expiration of the period of three months beginning with the date when he ceases to be a member of the council or on the appointment of another person in his place, whichever first occurs ; but for the purposes of this sub-paragraph a member of a council shall not be deemed to have ceased to be a member of the council by reason of retirement if he has been re-elected a member thereof not later than the date of his retirement;

• (6) The chairman of a local land drainage committee may resign his office at any time by giving notice in writing to the chairman of the regional land drainage committee.

• (7) Any other member of such a committee may resign his office at any time by giving notice in writing to the chairman of the committee.

• (8) Paragraph 4 of Schedule 3 above shall apply in relation to members of a regional or local land drainage committee appointed by or on behalf of a constituent council or constituent councils as it applies in relation to members of a water authority appointed by a local authority or authorities, but with the substitution in sub-paragraph (2) of a reference to the resolution or scheme establishing the committee for the reference to the order establishing the authority.

• (9) A person shall, so long as he is, and for twelve months after he ceases to be, a member of a water authority's regional land drainage committee or any of their local land drainage committees, be disqualified from being appointed to any paid office by the water authority other than the office of chairman of the authority or chairman of their regional land drainage committee or one of their local land drainage committees.

8

• (1) Paragraphs 6 to 10 and 19 of Schedule 3 above shall also apply in relation to regional and local land drainage committees and their proceedings as they apply in relation to water authorities and their proceedings, but as if paragraph 19 gave any such committee power to authorise the signature of documents on their behalf by an officer of the water authority.

• (2) Subsections (1) and (2), (4) to (7) and (9) of section 6 above shall apply to every regional and local land drainage committee as they apply to a water authority, but a regional land drainage committee shall not make arrangements under those provisions, as applied by this paragraph, for the discharge in a local land drainage district of any functions which fall to be discharged there by the local land drainage committee.

• (3) A water authority may not make rules with regard to the proceedings of their regional land drainage committee or any of their local land drainage committees.

9

• (1) Subject to the following provisions of this paragraph, a person nominated by one or more constituent councils may act as deputy for a member of a regional or local land drainage committee appointed by or on behalf of that council or those councils and may accordingly (instead of that member) attend and vote at a meeting of the committee.

• (2) A person nominated under sub-paragraph (1) above as deputy for a member of a regional land drainage committee may by virtue of that nomination attend and vote at a meeting of a sub-committee of that committee (other than a meeting of a local land drainage committee) to which the member for whom he is a deputy belongs.

• (3) A person nominated under sub-paragraph (1) above as deputy for a member of a local land drainage committee may attend and vote at a meeting of a sub-committee of that committee to which the member for whom he is a deputy belongs.

• (4) A person acting as deputy for a member of a regional or local land drainage committee shall be treated for the purposes for which he is nominated as a member of that committee.

• (5) A person shall not act as deputy for a member of a regional or local land drainage committee unless his nomination has been notified to an officer of the water authority appointed to receive such nominations.

• (6) A nomination shall be in writing and may apply either to a particular meeting or to all meetings during a stated period or until the nomination is revoked.

• (7) A person shall not act as deputy for more than one member of a regional or local land drainage committee.

PART II — Financial Provisions for Land Drainage

Notional local land drainage districts

10

For the purposes of this Part of this Schedule and of Part III below, a water authority area in relation to which no scheme under paragraph 4 or paragraph 6 above is in force shall be treated as a single local land drainage district, and any parts of such an area in relation to which no such scheme is in force shall be treated as included in a single such district.

Precepts by water authorities

11

• (1) For the purposes of this paragraph the aggregate amount required to be raised by precepts to local authorities by a water authority in respect of a local land drainage district for any financial year shall be ascertained as follows, that is to say—

• (a) subject to paragraph (b) below, that aggregate amount shall be an amount equal to so much of the relevant expenditure of the water authority for that financial year as is neither defrayed out of any reserve fund, replacement fund or sinking fund maintained by the authority nor defrayed out of sums received by the authority in respect of that year and that district otherwise than by virtue of this paragraph ;

• (b) there shall also be added to (or, as the case may be, deducted from) that amount—

• (i) any amount required to be provided in that financial year by way of new working capital;

• (ii) any amount required to be brought forward from a previous financial year;

which is required to be added or deducted in accordance with this paragraph.

• (2) Not later than the month of February immediately preceding each financial year, each water authority shall estimate the aggregate amount required to be raised for that year by precepts to local authorities in respect of each local land drainage district in their area; and the amount so estimated shall be apportioned by the water authority among the local authorities any part of whose area is comprised in a local land drainage district on the basis of the appropriate penny rate product for the relevant area for the relevant year (calculated in accordance with Part III of this Schedule).

• (3) A water authority may issue precepts to local authorities requiring payments of amounts apportioned to those authorities under sub-paragraph (2) above ; and each such authority shall pay, in accordance with any precept issued to them, the amount demanded by that precept.

• (4) If at any time during a financial year it appears to a water authority that the aggregate amount for which they have issued precepts for that year in respect of any local land drainage district will fall short of the aggregate amount required to be raised by precept by them for that year in respect of that district, they shall estimate the amount of the deficiency ; and sub-paragraphs (2) and (3) above shall have effect in relation to an amount estimated under this sub-paragraph as they have effect in relation to an amount estimated under sub-paragraph (2) above, except that the words from the beginning of sub-paragraph (2) to " financial year" shall be omitted.

• (5) Subject to sub-paragraph (6) below, the aggregate amount for which precepts in respect of a local land drainage district may be issued under this paragraph for any one financial year to a local authority shall not, unless special consent has been obtained, exceed 1.7 times the appropriate penny rate product for the relevant area of the authority for the relevant year.

• (6) Where a water authority have borrowed or propose to borrow any money under this Act, if a special resolution is passed sub-paragraph (5) above shall have effect, during the currency of the loan, as if for the reference to 1.7 times the appropriate penny rate product for any relevant area there were substituted a reference to such greater amount as may be specified in the resolution.

• (7) In this paragraph " special consent" and " special resolution " mean respectively a consent given and a resolution passed—

• (a) in the case of a local land drainage district with a local land drainage committee, by a majority of the whole number of the local authority members of that committee ; and

• (b) in the case of any other local land drainage district, by a majority of the whole number of those of the local authority members of the regional land drainage committee who were appointed to that committee by or on behalf of constituent councils any part of whose area is in the district.

• (8) It shall be the duty of a water authority to prepare, in such form as the Minister may direct, a statement of the purposes to which the amount demanded by any precept by the authority under this paragraph is intended to be applied, and of the basis on which it is calculated ; and a local authority shall not be liable to pay the amount demanded by any such precept until they have received such a statement.

• (9) It shall also be the duty of a water authority, as soon as practicable after the end of each financial year, to calculate the amount by which the amount demanded by any precept for that year issued under this paragraph to a local authority in respect of any relevant area exceeds, or falls short of, the amount which would have fallen to be so demanded from that authority if the apportionment under sub-paragraph (2) above had been made, in relation to each of the local authorities referred to in that sub-paragraph, on the basis of the actual penny rate product for that year for the relevant area, multiplied by the appropriate factor for that year notified to the authority with the notification of the conclusive calculation of the amount (if any) of the resources element of rate support grant payable to the authority for that year ; and—

• (a) if in any case the calculation under this sub-paragraph shows an excess, the amount of the excess shall be recoverable by the local authority from the water authority ;

• (b) if in any case it shows a deficiency, the amount of the deficiency shall be recoverable by the water authority from the local authority.

• (10) As soon as practicable after the end of each financial year, each water authority shall ascertain the actual amount which was the aggregate amount required to be raised by precept by them for that year in respect of each local land drainage district in their area and shall determine whether, and (if so) how far, the aggregate amount for which precepts have been issued by them for that year exceeds or falls short of the amount ascertained under this sub-paragraph.

• (11) If the comparison under sub-paragraph (10) above shows an excess or a deficiency, the amount of the excess or deficiency shall be brought forward to the next financial year and (if an excess) shall be deducted, or (if a deficiency) shall be added, in ascertaining the aggregate amount required to be raised by precept by the water authority for that next financial year.

• (12) The duty imposed on water authorities by sub-paragraph (2) above shall apply in relation to the financial year beginning on 1st April 1974 as it applies in relation to any subsequent financial year; and the power of a water authority to issue precepts under sub-paragraph (3) above shall accordingly be exercisable before that day.

• (13) In this paragraph—

• " the appropriate factor " means the appropriate factor as defined by regulations for the time being in force under section 5 of the Local Government Act 1966;

• " the conclusive calculation " means the conclusive calculation notified under such regulations ;

• " local authority " means the council of a county or a London borough;

• " local authority members ", in relation to a committee, means the members of that committee appointed by, or on behalf of, constituent councils;

• " relevant expenditure ", in relation to a local land drainage district, means expenditure by a water authority in the performance of land drainage functions in or for the benefit of that district;

• " the relevant year " means, in relation to any precepts, the financial year for which they are to be issued.

General drainage charges

12

• (1) For section 1 of the Land Drainage Act 1961 (general drainage charges) there shall be substituted the following sections:—

(1) (1) Subject to subsection (2) below, a water authority may raise at an amount per acre of chargeable land in a local land drainage district a charge to be known as a general drainage charge and to be levied on the occupiers of the land in accordance with the following provisions of this Part of this Act and sections 24 to 27 and 29 of the Agriculture (Miscellaneous Provisions) Act 1968. (2) A water authority shall not levy a general drainage charge in respect of any local land drainage district unless the regional land drainage committee for the authority's area have recommended that such a charge should be raised. (3) In this section and section 1A below, "local land drainage district" has the meaning assigned to it by the Water Act 1973. Amount of general drainage charge. (1A) (1) The general drainage charge raised by a water authority for a local land drainage district for any year shall be at a uniform amount per acre of chargeable land in that district, and that amount shall be ascertained, subject to subsection (2) below, by— (a) dividing the aggregate amount demanded by the precepts issued by the water authority under sub-paragraphs (2) and (3) of paragraph 11 of Schedule 5 to the Water Act 1973 in respect of the year for which the charge is raised by the aggregate amount of the appropriate penny rate products on the basis of which the amount so demanded was apportioned in pursuance of the said sub-paragraph (2); and (b) multiplying the quotient by one new penny and by such number as the Minister may specify by order made for the purposes of this paragraph. (2) The number specified in an order made under subsection (1) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister considers will secure, so far as reasonably practicable, that the aggregate amount produced by any charge levied by reference to a quotient ascertained in pursuance of subsection (1)(a) above will be equal to the aggregate amount which, if the chargeable land in the local land drainage district were liable to be rated, would be produced by a rate levied on that land at an amount in the pound (of rateable value) equal to that quotient multiplied by one new penny. (3) An order under this section may be made so as to apply either to all general drainage charges or to the general drainage charges proposed to be raised in any one or more water authority areas specified in the order or in any one or more local land drainage districts situated in one or more water authority areas and there specified, and any such order applying to more than one local land drainage district may make different provision as respects the different districts to which it applies. (4) In subsection (1) above "appropriate penny rate product" has the same meaning as it has for the purposes of Schedule 5 to the Water Act 1973 ; but the reference to precepts in paragraph (a) of that subsection does not include precepts issued by virtue of the application of sub-paragraph (3) of paragraph 11 of the said Schedule to amounts estimated under sub-paragraph (4) (which authorises the issue of supplementary precepts).

• (2) In accordance with sub-paragraph (1) above section 21(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (introduction of system of drainage charges on an acreage basis) shall cease to apply to general drainage charges.

PART III — Calculation of Appropriate Penny Rate Product

13

• (1) For the purposes of the application of this Schedule to any water authority area, " relevant area " means, in relation to any local authority, so much of their area as is comprised in any local land drainage district in the water authority area, and the appropriate penny rate product for each relevant area of any local authority for the relevant year shall be calculated in accordance with this paragraph.

• (2) There shall be estimated, in such manner as the Ministers may direct, the amount of the product of a rate of one new penny in the pound for each relevant area of the authority for the relevant year.

• (3) The appropriate penny rate product for each relevant area of the authority for the relevant year shall be the product of a rate of one new penny in the pound for that area for that year as estimated in accordance with sub-paragraph (2) above, multiplied by the appropriate factor as defined by regulations for the time being in force under section 5(3) of the Local Government Act 1966 and as it was most recently estimated and notified by the Secretary of State to the local authority before the time when the calculation in accordance with this paragraph falls to be made.

• (4) In this Part of this Schedule " local authority " has the meaning assigned to it by paragraph 11(13) above and "relevant year"—

• (a) has the meaning assigned to it by sub-paragraph (4) of paragraph 3 above in any case where the appropriate penny rate product falls to be calculated for the purposes of that paragraph ; and

• (b) has the meaning assigned to it by sub-paragraph (13) of paragraph 11 above in any case where the appropriate penny rate product falls to be calculated for the purposes of that paragraph.

PART IV — London

General

14

Nothing in section 9 or section 19(1) above shall make any land drainage function exercisable in the London excluded area by the Thames Water Authority (in this Part of this Schedule referred to as " the water authority ") or any other water authority.

15

The Greater London Council shall be entitled to appoint one member of the water authority's regional land drainage committee.

16

• (1) No part of the London excluded area shall be treated as being in the area of the water authority for the purposes of paragraph 1(5) above.

• (2) No part of the London excluded area shall be included in any local land drainage district.

Duties and powers of Greater London Council and Thames Water Authority

17

• (1) The following provisions of this Act, namely—

• section 4(5)(a) and (b);

• section 8(1) to (4);

• section 22; and

• section 24(5) and (6) and (8) to (12).

shall have effect in relation to the land drainage functions of the Greater London Council as if that Council were a water authority and the London excluded area were their water authority area.

• (2) The Greater London Council shall send the water authority a copy of any report which sets out the results of a survey made by them under section 24(5) above, as applied by sub-paragraph (1) above, and of any programme submitted by them to the Minister under section 24(6) above as applied by that sub-paragraph.

18

• (1) If the Greater London Council intend to carry out any works for the purpose of their land drainage functions or to exercise any of those functions in a manner which is likely to affect the exercise by the water authority of any of their functions in the London excluded area, the Council shall notify the water authority in writing of their intention.

• (2) The water authority may within two months of the date of a notice under sub-paragraph (1) above require the Council to consult with them about any of the matters to which the notice relates.

• (3) If, within a period of two months beginning with the date on which a requirement under sub-paragraph (2) above was sent by the water authority to the Council, the authority and the Council have not reached agreement as to any of the matters to which the notice relates, the authority shall notify the Ministers of that fact and the Ministers shall give directions to the Council as to any such matter.

19

• (1) If the water authority intend—

• (a) to carry out works in their area for the purpose of their land drainage functions or to exercise any of those functions in a manner which is likely to affect the exercise by the Greater London Council of their land drainage functions ; or

• (b) to carry out any works in the London excluded area for the purpose of any of their functions or to exercise any of those functions in that area in a manner which is likely to affect the exercise by the Greater London Council of their land drainage functions;

the authority shall notify the Greater London Council in writing of their intention.

• (2) The Greater London Council may within two months of the date of a notice under sub-paragraph (1) above require the water authority to consult with them about any of the matters to which the notice relates.

• (3) If. within a period of two months beginning with the date on which a requirement under sub-paragraph (2) above was sent to the water authority by the Greater London Council, the authority and the Council have not reached agreement as to any of the matters to which the notice relates, the Council shall notify the Ministers of that fact and the Ministers shall give directions to the authority as to any such matter.

20

The Minister may give the Greater London Council directions, either of a general or of a particular character, as to the exercise by the Council of their land drainage functions.

21

Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall have effect in relation to the expenses incurred by the Greater London Council in the discharge of the functions conferred on them by virtue of this Part of this Schedule as they have effect in relation to the expenses incurred by them in the discharge of the functions conferred on them by virtue of that Schedule.

Amendments of enactments relating to London excluded area

22

• (1) The amendments specified in this paragraph shall have effect in relation to the London excluded area, and in any such amendment " the metropolitan watercourses" and " the main metropolitan watercourses" have the meanings assigned to them by paragraph 15 of Schedule 14 to the London Government Act 1963.

• (2) After section 36(3) of the Land Drainage Act 1930 (enforcement of obligations to repair) there shall be inserted the following subsection:—

(4) The reference in subsection (2) above to the drainage board in whose district a watercourse, bridge or drainage work is situate shall be construed— (a) in relation to the main metropolitan watercourses, as a reference to the Greater London Council; (b) in relation to the metropolitan watercourses, as a reference to that council and the council of the London borough in which it is situate (or if it is situate in the City of London, or in the Inner Temple or the Middle Temple, to the Common Council of tile City); and the reference to a drainage board in subsection (3) above shall be construed accordingly.

• (3) After section 44(9) of that Act (obstructions in watercourses) there shall be added the following subsection:—

(10) Any reference to a drainage board in this section shall be construed— (a) in relation to the main metropolitan watercourses, as a reference to the Greater London Council; (b) in relation to the metropolitan watercourses, as a reference to that council and the council of the London borough in which it is situate (or if it is situate in the City of London, or in the Inner Temple or the Middle Temple, to the Common Council of the City).

• (4) In section 34 of the Land Drainage Act 1961 (power of local authorities to undertake drainage works against flooding), after subsection (2A) (which was added to that section by paragraph 25(4) of Schedule 29 to the Local Government Act 1972) there shall be inserted the following subsections:—

(2B) Neither the council of a London borough nor the Common Council of the City of London shall execute any drainage works authorised by this section in connection with any watercourse, except with the consent of the Minister and in accordance with any reasonable conditions imposed by him. (2C) A consent required under subsection (2B) of this section shall not be unreasonably withheld and shall, if neither given nor refused within two months after application therefore is made, be deemed to have been given. (2D) Subsection (2B) of this section shall not apply to any work executed in an emergency, but a council executing any work excepted by this subsection shall as soon as practicable inform the Minister in writing of the execution and all the circumstances in which it was executed. (2E) It shall be the duty of a council to send a copy of any application to the Minister under subsection (2B) of this section to the Greater London Council

.

23

In Schedule 14 to the London Government Act 1963 (land drainage etc.)—

• (a) in paragraph 8, for the word " lie " there shall be substituted the words " immediately before 1st April 1974 lay "; and

• (b) in paragraph 15(3), for the definition of the London excluded area there shall be substituted the following definition—

• " London excluded area " has the meaning assigned to it by section 38 of the Water Act 1973 ;

and, notwithstanding anything to the contrary in any enactment or instrument, no part of any of the metropolitan watercourses (within the meaning of that Schedule) shall be or form part of a public sewer.

SCHEDULE 6

Part I

General Adaptations of 1972 Act

1

Any reference in any of the applied provisions of the 1972 Act to that Act, other than a reference to a specified provision or Part of that Act, shall be construed as including a reference to this Act.

2

Any reference in any of the applied provisions to another of the applied provisions, as the former provision applies for the purposes of this Act, shall be construed as a reference to that other provision as applied.

3

Any reference in any of the applied provisions to an authority or local authority, as that provision applies for the purposes of this Act, shall—

• (a) if the reference is, or is to be construed as, a reference to an existing authority, be construed as a reference to a transferor body;

• (b) if the reference is, or is to be construed as, a reference to a new authority, be construed as a reference to a transferee authority; and

• (c) if the reference is, or is to be construed as a reference to existing and new authorities, be construed as a reference to transferor bodies and transferee authorities.

Specific adaptations of 1972 Act

4

In section 68, as it applies for the purposes of this Act—

• (a) for the reference in subsection (1) to public bodies affected by the alteration, abolition or constitution of any area by an order under Part IV there shall be substituted a reference to transferor bodies and transferee authorities, and the references in subsection (4) to a public body shall be construed accordingly;

• (b) for the second reference in subsection (1) to alteration, abolition or constitution there shall be substituted a reference to the provisions of this Act; and

• (c) subsections (6) to (9) shall be omitted.

5

• (1) In section 254, as it applies for the purposes of this Act—

• (a) subsections (2)(f), (g) and (i), (7) and (8); and

• (b) in subsection (3), the words " outside Greater London ", in both places where they occur;

shall be omitted, and in subsection (6) the references to Parts I and II shall include a reference to this Act.

• (2) An order under that section may include provision—

• (a) with respect to the supply of water in bulk where the relevant source of supply serves areas which by virtue of this Act become comprised in more than one water authority area;

• (b) with respect to the making of financial adjustments or the termination of financial liabilities in connection with the transfer of functions or property by or by virtue of this Act;

• (c) for the calculation, collection and recovery on behalf of a water authority by a local authority during a transitional period of amounts payable in respect of services provided in the local authority's area by the water authority and for the apportionment during that period of any payment in whole or in part of any demand by a local authority which includes any such amount as between those services and the other purposes for which the demand is made ;

• (d) conferring on a local authority whose interest in any land is on 1st April 1974 transferred to a water authority, or the successor of any such local authority, a right to reacquire the interest on terms provided for by the order if the land subsequently ceases to be used for the purpose for which it was transferred and, while the land is vested in the water authority, a right to use it in circumstances specified in the order;

• (e) enabling any body whose documents on that date are transferred to a water authority or the successor of any such body to inspect and take copies of those documents.

6

• (1) In section 255(2), as it applies for the purposes of this Act,—

• (a) the reference to a local authority who are a council which ceases to exist by virtue of section 1 or 20 shall include a reference to a transferor body ;

• (b) the second reference to sections 1 and 20 shall include a reference to the transfer of functions and abolition of bodies effected by or under this Act; and

• (c) the second reference to a local authority shall include a reference to a transferee authority.

• (2) Section 255(4) shall not apply for the purposes of this Act

7

In section 256(1), as it applies for the purposes of this Act, the reference to sections 1 and 20 shall include a reference to this Act.

8

• (1) In section 257, as it applies for the purposes of this Act—

• (a) in subsection (1) the words from "after consulting" to " concerned " and " for England " shall be omitted and the reference to the Secretary of State shall include a reference to the Minister;

• (b) " relevant authority " means a transferor body and a transferee authority; and

• (c) subsection (4) shall be omitted.

• (2) The staff commission established by virtue of this paragraph shall be known as the Water Services Staff Commission.

9

In section 259(4), as it applies for the purposes of this Act, for the reference to the reorganisation of local government effected by the 1972 Act there shall be substituted a reference to the provisions of this Act.

Supplemental

10

• (1) In this Part of this Schedule—

• " applied " means applied by section 34 above ;

• " existing " and " new " have the same meanings as in the 1972 Act;

• " transferee authority " means a water authority or the Council; and

• " transferor body " means a development corporation, the Water Supply Industry Training Board or any authority or statutory water undertakers whose functions will by virtue of this Act become exercisable by a water authority or an association of such other authorities or such undertakers.

• (2) Any reference in this Part of this Schedule to any enactment without specifying the Act in which it is contained is a reference to a provision of the 1972 Act.

Part II — Local Acts and Instruments

11

Subject to paragraph 12 below, any local statutory provision to which this Part of this Schedule applies and which is not continued in force by any other provision of this Act shall—

• (a) notwithstanding the transfer of functions and abolition of bodies effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1974 to, but only to, the area, things or persons to which or to whom it applies before that date;

• (b) have effect subject to any necessary modifications and to the modifications made by paragraph 13 below;

but the continuation by this paragraph of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this paragraph.

12

Paragraph 11 above shall have effect subject to the provisions of—

• (a) this Act and any Act passed after this Act and before 1st April 1974;

• (b) any order made under section 254 of the 1972 Act, as applied by section 34 above, or paragraph 14 or 15 below.

13

As from 1st April 1974 any local statutory provision to which this Part of this Schedule applies and which immediately before that date applies to an area which on that date becomes comprised in one or more water authority areas shall have effect, so far as relates to functions which on that date become exercisable by a water authority and to things done or falling to be done in the exercise of those functions, as if for any reference to the body by whom the functions were exercisable immediately before that date there were substituted a reference to that water authority, or where the former area becomes comprised in two or more water authority areas, the water authority for the water authority area in or as respects which that thing falls to be done.

14

Paragraph 13 above shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this Part of this Schedule applies and exclude the operation of that paragraph where it would otherwise conflict with any provision of the order.

15

Where any local statutory provision is continued in force in any area by paragraph 11 above or is amended or modified in its application to any area by an order under section 254 of the 1972 Act, as applied by section 34 above, the appropriate Minister or Ministers may by that order, or in the case of a provision continued as aforesaid, by an order under this paragraph—

• (a) extend the provision throughout the water authority area in which it is continued in force or extend it to a part of that area in which it was not previously in force;

• (b) provide that that provision as so continued, amended, modified or extended shall have effect in that area or part to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

• (c) make such modifications of any such enactment in its application to that area or part as would secure that the enactment will operate harmoniously with the said provision in that area or part;

• (d) repeal or revoke any local statutory provision to which this Part of this Schedule applies and which appears to the appropriate Minister or Ministers to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

• (e) make such modifications of any local statutory provision to which this Part of this Schedule applies in its application to a water authority area or part of such an area as appear to the appropriate Minister or Ministers to be expedient.

16

A statutory instrument containing an order under paragraph 15 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

17

This Part of this Schedule applies to any local statutory provision in force immediately before 1st April 1974 and relating to—

• (a) a body abolished by section 33 above;

• (b) functions which immediately before that date are exercisable by an existing local authority and on that date become exercisable by a water authority; or

• (c) some area constituted for the exercise of functions affected by this Act and situated wholly or partly within Greater London.

SCHEDULE 7

PART I — Byelaws made by the Secretary of State or the Minister

1

At least one month before a byelaw relating to the whole or part of a water authority area is made by the appropriate Minister or Ministers, by virtue of any enactment under which water authorities perform their functions, the appropriate Minister or Ministers shall cause a notice of his or their intention to make the byelaw to be published in the London Gazette and in such other manner as is in his or their opinion best adapted for informing persons affected.

2

The appropriate Minister or Ministers shall also cause copies of the notice under paragraph 1 above to be served on any public authorities who appear to him or them to be concerned.

3

For at least one month before the date on which the byelaw is to come into operation, a copy of it shall be deposited at the offices of the water authority.

4

A water authority shall provide reasonable facilities for the inspection without charge of a byelaw deposited under paragraph 3 above.

5

Any person, on application to the water authority, shall be entitled to be furnished free of charge with a printed copy of such a byelaw.

6

The appropriate Minister or Ministers may fix the date on which a byelaw is to come into operation, and if no date is so fixed it shall come into operation at the end of the period of one month beginning with the date on which it is made.

7

Any byelaw made in accordance with this Part of this Schedule shall be printed and deposited at the office of the water authority, and copies shall, at all reasonable hours, be open to public inspection without charge.

8

Any person on application to the water authority shall be entitled to be furnished with a copy of it, on payment of such reasonable sum as the authority may determine.

9

If it appears to the appropriate Minister or Ministers that the revocation of a byelaw is necessary or expedient, he or they may, after giving notice to the water authority and considering any objections raised by the authority and, if required by the authority, holding a local inquiry, revoke that byelaw.

10

The production of a printed copy of a byelaw purporting to be made in accordance with this Part of this Schedule and upon which is endorsed a certificate purporting to be signed on behalf of the water authority, stating—

• (a) that the byelaw was made in accordance with this Part of this Schedule ;

• (b) that the copy is a true copy of the byelaw ;

• (c) the date, if any, fixed under paragraph 6 above for the coming into operation of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

11

Subsections (2) to (5) of section 250 of the 1972 Act shall apply in relation to a local inquiry under this Part of this Schedule 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 " the water authority or by such ".

PART II — Byelaws made by Water Authorities and other Statutory Water Undertakers and Internal Drainage Boards

12

• (1) No byelaw made by an authority to whom this Part of this Schedule applies shall have effect until confirmed by the appropriate Minister or Ministers, under this Part of this Schedule.

• (2) This Part of this Schedule applies to water authorities and other statutory water undertakers and to internal drainage boards within the meaning of the Land Drainage Act 1930.

13

An authority to whom this Part of this Schedule applies shall, at least one month before they apply for the confirmation of any byelaw,—

• (a) cause a notice of their intention to make the application to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected, and

• (b) cause copies of the notice to be served on any public authorities who appear to them to be concerned.

14

For at least one month before an application is made for the confirmation of any byelaw, a copy of it shall be deposited at the offices of the authority.

15

The authority shall provide reasonable facilities for the inspection without charge of a byelaw deposited under paragraph 14 above.

16

Any person on application to the authority shall be entitled to be furnished free of charge with a printed copy of such a byelaw.

17

• (1) Subject to sub-paragraph (2) below, the appropriate Minister or Ministers, with or without a local inquiry, may refuse to confirm any byelaw submitted for confirmation under this Part of this Schedule, or may confirm the byelaw either without or, if the authority consent, with modifications ; and the authority shall, if so directed by the appropriate Minister or Ministers, cause notice of any proposed modifications to be given in accordance with such directions.

• (2) A byelaw made by a water authority under section 5 of the Rivers (Prevention of Pollution) Act 1951 shall not be confirmed without a local inquiry if any written objection to its confirmation has been received by the appropriate Minister or Ministers and has not been withdrawn, unless in the opinion of the appropriate Minister or Ministers the person making the objection has no material interest in the stream or part of a stream to which the byelaw relates ; and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words " if the authority consent, with modifications; and the authority " of the words "after consultation with the water authority making the byelaw, with modifications ; and that authority ".

18

The appropriate Minister or Ministers may fix the date on which any byelaw confirmed under this Part of this Schedule is to come into operation, and if no date is so fixed the byelaw shall come into operation at the end of the period of one month beginning with the date of confirmation.

19

Any byelaw confirmed under this Part of this Schedule shall be printed and deposited at the office of the authority and copies of it shall, at all reasonable hours, be open to public inspection without charge.

20

Any person on application to the authority shall be entitled to be furnished with a copy of it, on payment of such reasonable sum as the authority may determine.

21

If it appears to the appropriate Minister or Ministers that the revocation of a byelaw is necessary or expedient, he or they may, after giving notice to the authority and considering any objections raised by them, and, if required by them, holding a local inquiry, revoke that byelaw.

22

The production of a printed copy of a byelaw purporting to be made by an authority to whom this Part of this Schedule applies upon which is indorsed a certificate, purporting to be signed on their behalf, stating—

• (a) that the byelaw was made by the authority ;

• (b) that the copy is a true copy of the byelaw;

• (c) that on a specified date the byelaw was confirmed under this Part of this Schedule ; and

• (d) the date, if any, fixed under paragraph 18 above for the coming into operation of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

23

Subsections (2) to (5) of section 250 of the 1972 Act shall apply in relation to a local inquiry under this Part of this Schedule as they apply to a local inquiry which a Minister causes to be held under subsection (1) of that section, but with the omission of the word " local " from subsection (4).

SCHEDULE 8

Salmon and Freshwater Fisheries Act 1923

1

In section 1(2) of the Salmon and Freshwater Fisheries Act 1923 (prohibition of fishing with lights, spears, etc.) for the words " fishery board, or where there is no fishery board, of the Minister " there shall be substituted the words " water authority for the area in which the act was done ".

2

In section 5 of that Act (saving for acts done for artificial propagation or scientific purposes) for the words from "fishery board", in the first place where those words occur, to the end of the section there shall be substituted the words " water authority for the area ".

3

In section 9(1) of that Act (prohibition of use of explosives, etc.) for paragraph (b) of the proviso (as substituted by section 1 of the Salmon and Freshwater Fisheries Act 1965) and the words following that paragraph there shall be substituted the following paragraph:—

(b) with the permission in writing of the water authority for the area;

.

but as respects the use of any noxious substance such permission shall not be given by a water authority otherwise than with the approval of the Minister.

4

In section 11(2) of that Act (prohibition of placing or using fixed engines for taking or obstructing salmon or migratory trout) for the words "fishery board, or, where there is no fishery board, by the Minister" there shall be substituted the words " water authority for the area ".

5

In section 14(3) of that Act (rules for fishing mill dams) for the words from "and", in the second place where it occurs, to "district", in the second place where it occurs, there shall be substituted the words " and the water authority for the area ".

6

In subsections (1) and (3) of section 18 of that Act (supply of water to dams and fish passes) for the words from " fishery board ", in the first place where they occur in each subsection, to "the Minister" there shall be substituted the words " water authority for the area ".

7

In section 19 of that Act (penalty for making obstructions without fish passes)—

• (a) in subsection (1), for the words "fishery board, or, where there is no fishery board, by the Minister" there shall be substituted the words " water authority for the area ";

• (b) in subsection (3), for the words from the beginning of the subsection to "Minister" there shall be substituted the words " The water authority ".

8

In section 22(5) of that Act (penalty for injuring or obstructing fish pass or free gap) for the words " fishery board (if any)" there shall be substituted the words " water authority in whose area the dam is or was situated ".

9

In section 23(1) of that Act for the words "fishery board (if any)" there shall be substituted the words " water authority for the area ".

10

In the provisos to sections 26(2) and 31(2) of that Act (close season) for the words " fishery board (if any)", in each place where they occur, there shall be substituted the words " water authority in whose area the act was done ".

11

In section 36(3) of that Act (prohibition on using eel baskets, etc., at certain times) for the words from "fishery board", in the first place where those words occur, to the end of the subsection there shall be substituted the words " water authority for the area with the consent of the Minister ".

12

In section 39(1) of that Act (applications for orders) for the words from " fishery " to " Act", in the fourth place where that word occurs, there shall be substituted the words " water authority ".

13

In section 54(1) of that Act (general powers) for the words from the beginning to "board", in the second place where that word occurs, there shall be substituted the words " A water authority shall have ".

14

In section 59(1) of that Act (byelaws) for the words from the beginning to "Minister" there shall be substituted the words " A water authority ".

15

In section 68 of that Act (power to enter lands)—

• (a) for the words from the begining to " board ", in the second place where it occurs, there shall be substituted the words " Any water bailiff or other officer of a water authority may, under a special order in writing from the authority, ";

• (b) after the words " this Act" there shall be inserted the words " or the Salmon and Freshwater Fisheries Act 1972 ".

16

In section 69 of that Act (order to enter suspected places)—

• (a) for the words from " any ", in the first place where it occurs, to "Act" there shall be substituted the words " a water bailiff or any other officer of a water authority it appears to any justice of the peace that the officer has good reason to suspect that any offence against this Act or the Salmon and Freshwater Fisheries Act 1972 ";

• (b) for the words "such member or bailiff" there shall be substituted the words " that officer ".

17

In section 70 of that Act (warrant to enter suspected premises)—

• (a) after the word " Act" there shall be inserted the words " or the Salmon and Freshwater Fisheries Act 1972 ";

• (b) for the words " water bailiff, member of a fishery board " there shall be substituted the words " water bailiff or other officer of a water authority ".

18

For section 72 of that Act (powers of officers appointed by Minister) there shall be substituted the following section:—

(72) The Minister may appoint persons to exercise in a water authority area— (a) the powers of a water bailiff under sections 67 and 71 of this Act; and (b) the powers of an officer of a water authority under sections 68, 69 and 70 of this Act; and those sections shall accordingly apply to any such person, except that for the reference in section 67 to a special order from the water authority there shall be substituted a reference to an order in writing from the Minister

.

19

For section 77(1) of that Act (certificates of conviction) there shall be substituted—

(1) Where any person is convicted of an offence against this Act, the clerk of the court before which that person is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the water authority for the area in which the offence was committed.

Land Drainage Act 1930

20

• (1) In subsection (1) of section 1 of the Land Drainage Act 1930 (drainage districts and drainage boards) for the words from the beginning to " section " there shall be substituted the words " There shall continue to be internal drainage districts for the; purpose of the drainage of land "

• (2) For subsections (2) and (3) of that section there shall be substituted the following subsections:—

(2) An internal drainage board shall be a body corporate. (3) An internal drainage board shall exercise a general supervision over all matters relating to the drainage of land within its district and shall have such other powers and perform such other duties as are conferred or imposed on internal drainage boards by this Act.

.

• (3) In subsection (5) of that section, for the words from the beginning to "districts", in the second place where that word occurs, there shall be substituted the words " Internal drainage districts constituted ".

21

• (1) In subsection (1) of section 4 of that Act (schemes) for the words from the beginning to " authority ", in the second place where that word occurs in paragraph (a)(i), there shall be substituted the following words:—

(4) (1) A water authority may at any time and, if so directed by the Minister, shall— (a) prepare and submit to the Minister for confirmation a scheme making provision— (i) for the transfer from any drainage authority to the water authority of all rights, powers, duties. obligations and liabilities (including liabilities incurred in connection with works) over or in connection with the main river, and of any property held by the drainage authority.

• (2) For the words from the beginning of paragraph (b) of that subsection to " matters" there shall be substituted the following words:—

(b) submit to the Minister for confirmation a scheme making provision for any of the following matters:—

.

• (3) In the said paragraph (b)—

• (a) in sub-paragraph (vii) for the word "existing" there shall be substituted the word " internal ";

• (b) for the words in sub-paragraph (ix) from " drainage boards ", in the first place where those words occur, to "drainage boards ", in the second place where they occur, there shall be substituted the words " a water authority or internal drainage board of any property, rights, powers, duties, obligations and liabilities vested in or to be discharged by the water authority or internal drainage board ".

• (4) After the said subsection (1) there shall be inserted the following subsection:—

(1A) A water authority shall not submit a scheme to the Minister under subsection (1) above by virtue of paragraph (b) of that subsection except one which their regional land drainage committee have submitted to them, but it shall be their duty to present any such scheme which that committee have submitted to them to the Minister without modification.

.

22

• (1) In subsection (1) of section 8 of that Act (power to vary awards) for the word " Where " there shall be substituted the words " Subject to subsection (1A) below, where ".

• (2) After the said subsection (1) there shall be inserted the following subsection:—

(1A) Where any such award relates to an internal drainage district, a water authority shall not submit to the Minister under subsection (1) above any scheme except one which their regional land drainage committee have submitted to them; but it shall be the duty of an authority to submit any scheme which their committee submit to them to the Minister without modification.

.

23

Section 11 of that Act (transfer of functions of internal drainage boards) shall be renumbered as subsection (1) of that section, and after it there shall be added the following subsection:—

(2) A water authority shall not present a petition under subsection (1) above except one which their regional land drainage committee have submitted to them; but it shall be their duty to present any petition which that committee have submitted to them to the Minister without modification.

.

24

• (1) For subsection (1) of section 22 of that Act (precepts) there shall be substituted the following subsection:—

(1) A water authority may issue precepts to internal drainage boards requiring payment of any amount required to be contributed by them under section 21 of this Act, and an internal drainage board shall pay, in accordance with any precept so issued to it, the amount thereby demanded.

• (2) For subsection (4) of that section there shall be substituted the following subsection:—

(4) There shall not be any obligation upon an internal drainage board to pay the amount demanded by any precept issued under this section until they have received the statement referred to in subsection (3) of this section

.

25

In section 23(1) of that Act (expenses) for the words from " under " to " Board" there shall be substituted the words " to a water authority from a county council under the Water Act 1973 ".

26

• (1) For subsection (1) of section 24 of that Act (rating powers) there shall be substituted the following subsection:—

(1) The expenses of an internal drainage board under this or any other Act (including any contribution made by the board towards the expenses of the water authority for their area) shall, in so far as they are not met by contributions from the water authority, be raised by means of drainage rates made by the drainage board under and in accordance with this Act.

• (2) Any reference to a drainage board in subsections (2), (4), (8) and (10) of that section shall be construed as a reference to an internal drainage board.

• (3) In subsections (6) and (7) of that section for the words from the beginning of each of those subsections to " Catchment Board " there shall be substituted the words " An internal drainage board, after consultation with the water authority for their district, ".

27

In the following provisions of that Act, namely, sections 26 to 31 (rating), section 33 and Schedule 3 (membership and proceedings of board), section 43 (power of entry), section 45 (power to buy, sell or exchange land), section 46 (borrowing by drainage boards) and section 48 (officers), any reference to a drainage board shall be construed as a reference only to an internal drainage board and not to a water authority.

28

• (1) In section 47(1) of that Act (byelaws) for the words from the beginning to "district" there shall be substituted the words " A water authority and an internal drainage board may, subject to the provisions of this Act and to Part II of Schedule 7 to the Water Act 1973 (which relates to the procedure for making byelaws) make such byelaws as they consider necessary for securing the efficient working of the drainage system in their area or, as the case may be, their district ".

• (2) In paragraphs (a), (c) and (d) of that subsection for the words " the control of the board ", in each place where they occur, there shall be substituted the words " their control ".

• (3) In subsection (8) of the said section 47, after the word "section" there shall be inserted the words " including a byelaw made under this section as applied by section 34 of the Land Drainage Act 1961 ".

• (4) In subsection (8A) of that section, after the word " section ", in the first place where it occurs, there shall be inserted the words " including a byelaw made under this section as so applied, the water authority or ".

29

In subsections (1) and (5) of section 49 of that Act (reports and accounts of boards) any reference to a drainage board shall be construed as a reference to an internal drainage board, and for subsection (4) of that section there shall be substituted the following subsection:—

(4) The accounts of the receipts and expenditure of an internal drainage board and of the officers of such a board shall be made up in such manner and to such date in each year, and shall be audited by such persons and in such manner as the Minister may from time to time direct.

30

In section 76(2) of that Act (accretion of land resulting from drainage works) for the words from " contained" to " with ", in the first place where that word occurs, there shall be substituted the words " of the Water Resources Act 1963 with ".

31

In section 81 of that Act (interpretation) for the definitions of "internal drainage district" and "internal drainage board" there shall be substituted the following:—

• ' internal drainage district ' and ' internal drainage board ' mean respectively a drainage district within a water authority area and the drainage board for such a district:

.

Public Health Act 1936

32

In section 15(1) of the Public Health Act 1936 (power to construct or acquire sewers and sewage disposal works) for the words before paragraph (i) there shall be substituted the words " A water authority may, either inside or outside their area, ".

33

For section 20 of that Act (vesting of public sewers and sewage disposal works in a local authority) there shall be substituted the following section:—

(20) (1) In addition to the sewers and sewage disposal works vested in a water authority by virtue of section 254 or 68 of the Local Government Act 1972, as cither section applies for the purposes of the Water Act 1973, there shall vest in a water authority— (a) all sewers and sewage disposal works constructed by the water authority at their expense, or vested in the authority in pursuance of arrangements under section 15 of the Water Act 1973, or otherwise acquired by the authority ; (b) all sewers constructed under Part IX of the Highways Act 1959, except sewers belonging to a road maintained by a highway authority; (c) all sewers and sewage disposal works with respect to which a declaration of vesting under the foregoing provisions of this Part of this Act has taken effect. (2) Sewers which by virtue of the said section 254 or 68 or this section become vested in a water authority shall be known as, and are in this Act referred to as, public sewers.

34

In section 24(4) of the Public Health Act 1936 (lengths of public sewers to which that section applies) references to the local authority shall be construed, in relation to any area, as references to the local authority who immediately before the commencement of that Act had the function of providing, for the drainage of that area, the sewers within the meaning of the Public Health Act 1875 which by virtue of section 254 or 68 of the 1972 Act, as either section applies for the purposes of this Act, are vested in the water authority in question.

35

Section 28 of that Act (communications between sewerage authorities' sewers) and section 35 of that Act (use of public sewers by persons outside the district) shall cease to have effect.

36

• (1) Notwithstanding the repeal by this Act of section 37 of the London Government Act 1963 (which applied certain provisions of the Public Health Act 1936 to Greater London and the sewerage area of the Greater London Council)—

• (a) the following provisions of the Public Health Act 1936, that is to say, section 32 (map of public sewers) and sections 39 to 41 (miscellaneous provisions as to drainage) shall continue to apply throughout Greater London (except the Inner Temple and the Middle Temple); and

• (b) the following provisions of the said Act of 1936, that is to say, section 25 (need for consent to building over public sewers, etc.) and sections 37 and 38 (drainage of new buildings) shall continue to apply to the outer London boroughs.

• (2) In the said provisions in their application to a London borough or the City of London references to a local authority shall be construed as references to the borough council or the Common Council of the City, as the case may be, except that references in section 41 of the said Act of 1936 to a local authority shall, in relation to a private sewer or a cesspool or other receptacle for drainage, be construed as a reference to the council of the London borough in which the sewer, cesspool or other receptacle is situated or, if it is situated in the City of London, the Common Council of the City.

• (3) At the end of section 32 of the said Act of 1936 there shall be added the following subsection:—

(4) The council of every inner London borough and the Common Council of the City of London shall supply a copy of the said map to the Greater London Council.

37

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

38

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

39

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

40

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

41

In section 137(1) of that Act, as amended by section 29 of the Water Act 1945, (securing sufficient water supply to new houses) the words " the local authority or other " shall cease to have effect.

42

• (1) In section 138(1) of the said Act of 1936, as amended by section 30 of the Water Act 1945, (securing sufficient water supply for occupied houses) the words " the local authority or other " shall cease to have effect.

• (2) In section 138(4) of the said Act of 1936. as amended by Schedule 4 to the Water Act 1945, for the words from "section thirty-five " to " that section" there shall be substituted the words " section 29 of Schedule 3 to the Water Act 1945 or under that section ".

• (3) In section 138(5) of the said Act of 1936, the words " the local authority or other " shall cease to have effect

Diseases of Fish Act 1937

43

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

Public Health (Drainage of Trade Premises) Act 1937

44

Section 4(4) of the Public Health (Drainage of Trade Premises) Act 1937 (exemption of laundries from need for consent to discharges) shall cease to have effect.

Rural Water Supplies and Sewerage Act 1944

45

In section 1(1) and (4) of the Rural Water Supplies and Sewerage Act 1944 (government contributions towards expenses of rural water supplies and sewerage) for the word " local" there shall be substituted the word " water ".

46

Section 2 of that Act (contributions by county councils towards expenses of rural water supplies and sewerage) shall cease to have effect

Water Act 1945

47

For subsections (1) and (2) of section 10 of the Water Act 1945 (variation of limits of supply) there shall be substituted the following subsections:—

(1) Subject to section 11(8) of the Water Act 1973 (which relates to the boundaries of water authority areas), the Secretary of State may— (a) on the application of any statutory water undertakers, by order vary their limits of supply, but not so as to include any area which is within the limits of supply of any other statutory water undertakers ; (b) on the application of two or more statutory water undertakers, by order provide for the variation by agreement of any common boundary between their respective limits of supply. (2) Subject to section 11(8) of the Water Act 1973, where it appears to the Secretary of State that it is expedient to vary the limits of supply of any statutory water undertakers and he is satisfied that such variation cannot be secured under the last foregoing subsection, the Secretary of State may make an order providing compulsorily for such variation.

48

• (1) In the second paragraph of subsection (10) of section 14 of that Act (control of abstraction and prevention of waste) for the words from " application " to " take " there shall be substituted the words " application of the water authority within whose area the well, borehole or other work is situated, authorise them to take ".

• (2) In subsection (12) of that section—

• (a) for the words from the beginning to " concerned" there shall be substituted the words " Any officer of a water authority authorised for the purpose by the authority " , and

• (b) for the words " area of the river authority " (which were substituted by the Water Resources Act 1963) there shall be substituted the words " water authority area ".

49

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

50

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

51

In paragraph (a) of the proviso to section 22(2) of that Act (acquisition of land and execution of works) for the words from " watercourse " to the end of the paragraph there shall be substituted the words

watercourse— (i) consult any water authority exercising functions in relation to the watercourse ; and (ii) if the watercourse is subject to the jurisdiction of a navigation authority, consult that authority ;

.

52

In section 34 of that Act (temporary discharge of water into watercourse)—

• (a) in paragraph (a) of subsection (2), for the words from " to the " to the end of the paragraph there shall be substituted the words " to any water authority exercising functions in relation to any watercourse into which the water is to be discharged; " and

• (b) in subsection (3), for the words from " under", in the second place where it occurs, to the end of the subsection there shall be substituted the words " to send to a water authority under paragraph (a) of the last foregoing subsection ; ".

53

• (1) The following provisions of this paragraph shall have effect for amending and modifying sections 36 to 38 of that Act (obligation to supply water and recovery of water rates) and for adapting references in Schedule 3 to that Act to a water rate and related expressions.

• (2) Subject to the following provisions of this paragraph—

• (a) any reference in section 38 to a water rate shall be construed as including a reference to any charge payable under Part III of this Act; and

• (b) any reference in Schedule 3 to a water rate shall be construed as including a reference to any such charge for services which include a supply of water for domestic purposes.

• (3) Without prejudice to the power of a statutory water company to act as agent for a water authority apart from this sub-paragraph, a statutory water company who are supplying water on behalf of a water authority may recover on behalf of the authority any charge payable under Part III of this Act for services provided by the authority within the company's limits of supply and exercise on behalf of the authority any other powers of the authority under section 38, and references in that section to the undertakers shall be construed accordingly.

• (4) Any reference in sections 36 and 37 and in sections 29 and 40 of Schedule 3 to a water rate shall be construed as including a reference to that proportion of any such charge as is stated by the water authority to be payable for a supply of water for domestic purposes, and it shall be the duty of a water authority when fixing any such charge to state the proportion of the charge which is so payable.

• (5) In sections 46 and 54 to 58 of Schedule 3 any reference to a water rate shall include a reference to any such charge in the nature of a rate for a supply of water and the provision of other services, and in section 55(1) any reference to the rate poundage shall be construed accordingly.

• (6) Any reference in any of the provisions mentioned in this paragraph to an instalment of a charge so mentioned shall be construed as a reference to a payment.

• (7) In this paragraph " a supply of water for domestic purposes " has the same meaning as in Schedule 3 to the Water Act 1945.

54

At the end of section 42(2) of that Act (accounts) there shall be added the words " and to any water authority on whose behalf the undertakers are supplying water in pursuance of arrangements made under section 12 of the Water Act 1973. "

55

In section 55(1)(c) of that Act (authentication of documents) for the words "not being a local" there shall be substituted the words " other than a water ".

56