Water Act 1973

In section 59(1) of the Water Act 1945 (interpretation), in the definition of "watercourse", for the words "joint board of local authorities " there shall be substituted the words " water authority ".

57

In paragraphs 2 and 11 of Schedule 1 to that Act (procedural provisions) for the words " the Metropolitan Water Board ", in both places where they occur, there shall be substituted the words " a water authority ".

58

In paragraph 3 of that Schedule, for sub-paragraphs (ii) and (iii) there shall be substituted the following sub-paragraphs:—

(ii) on any water authority exercising functions in the area affected by the order ; and (iii) where it is proposed that the order shall authorise the execution of works, on any navigation authority exercising functions in relation to a watercourse affected by the works proposed to be executed.

59

In paragraph 12 of that Schedule—

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

(ii) on any water authority exercising functions in the area affected by the order ; and

;

• (b) in sub-paragraph (iii) after the word " undertakers " there shall be inserted the words " not being a water authority ";

• (c) for sub-paragraphs (iv) and (v) there shall be substituted the following sub-paragraph:—

(iv) where it is proposed that the order shall authorise the execution of works, on any navigation authority exercising functions in relation to a watercourse affected by the works proposed to be executed.

60

In section 1(1) (interpretation) of Schedule 3 to that Act (procedural provisions), in the definition of " watercourse" for the words " joint board of local authorities " there shall be substituted the words " water authority ".

Water Act 1948

61

For section 9 of the Water Act 1948 (subscriptions to associations of water undertakers) there shall be substituted the following subsection:—

(9) A statutory water company and a joint water board and joint water committee within the meaning of the Water Act 1973 may pay reasonable subscriptions whether annually or otherwise to the funds of any association representing any description of water undertakers and formed for the purpose of consultation as to their common interests and the discussion of matters relating to the supply of water.

62

In section 14(1) of that Act (duty of statutory water undertakers to make reports etc. to Secretary of State) for die words from the beginning to " authorities " there shall be substituted the words " Every statutory water company and every joint water board and joint water committee within the meaning of the Water Act 1973 ".

Rivers (Prevention of Pollution) Act 1951

63

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Town Development Act 1952

64

In section 2(2) of the Town Development Act 1952 (Exchequer contribution to councils of receiving districts), after paragraph (e), there shall be inserted the following paragraph:—

(ee) payments under section 16 of the Water Act 1973 in respect of the provision of a public sewer needed for the purposes or in consequence of the development.

65

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

• (2) Section 8(4) of that Act (exercise of sewerage functions by participating authorities) shall cease to have effect.

Local Government (Miscellaneous Provisions) Act 1953

66

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Protection of Birds Act 1954

67

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Rural Water Supplies and Sewerage Act 1955

68

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House of Commons Disqualification Act 1957

69

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Highways Act 1959

70

• (1) In subsection (4) of section 103 of the Highways Act 1959 (drainage of highways and proposed highways) for the words " local authority" there shall be substituted the words " water authority ".

• (2) In subsection (4A) of that section (notice to be given before exercise of powers under subsection (4)) after the word " district" there shall be inserted the words " and the water authority ".

71

For section 227(2) of that Act (determination of differences about vesting and use of highway drains and sewers) there shall be substituted the following subsection:—

(2) Any difference arising under this section— (a) between a county council and the council of a district— (i) as to the council in whom a drain is vested, or (ii) as to the use of a drain or sewer; or (b) between a county council and a water authority as to the use of a sewer ; shall, if either party to the dispute so elect, be referred to and determined by the Secretary of State

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Land Drainage Act 1961

72

• (1) In subsection (1) of section 3 of the Land Drainage Act 1961 (designation of watercourses and special drainage charge) for the words from the beginning to " river board ", in the second place where those words occur, there shall be substituted the words " Where it appears to a regional land drainage committee that the interests of agriculture in the water authority's area or any part of it require the carrying out of drainage works in connection with watercourses in that area, they may pass a resolution to that effect; and if the committee pass such a resolution, the water authority ".

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

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

.

• (3) In subsection (5) of that section, for the words from "as modified " to the end of the subsection there shall be substituted the words " and, subject to subsections (7) to (10) of this section, that Act shall apply to such a scheme, except so far as subsection (1) of section 4 enables the Minister to direct a water authority to submit a scheme, as it applies to a scheme under paragraph (b) of that subsection ".

73

• (1) In subsection (1) of section 34 of that Act (power of local authority to undertake drainage works against flooding), after the word " shall ", in the second place where that word occurs, there shall be inserted the words " except as provided by subsections (1A) and (1B) of this section ".

• (2) After that subsection there shall be inserted the following subsections:—

(1A) A byelaw made in pursuance of this section shall not be valid until it has been confirmed by the Minister. (1B) Notwithstanding subsection (1) of this section, section 236 of the Local Government Act 1972 (and not Part II of Schedule 7 to the Water Act 1973) shall have effect in relation to byelaws made in pursuance of this section

.

74

In section 40(1) of that Act (powers of entry) for the words "any drainage board other than a river authority" (which were inserted in that subsection by the Water Resources Act 1963) there shall be substituted the words " an internal drainage board ".

75

In section 43 of that Act (provision by drainage board of housing accommodation for employees) for the word " A " there shall be substituted the words " An internal ".

Public Health Act 1961

76

In paragraph 8 of Schedule 2 to the Public Health Act 1961 (supplementary provisions concerning sewerage contributions) for the words "the clerk of the local authority" there shall be substituted the words " a duly authorised officer of the water authority ".

Water Resources Act 1963

77

• (1) In section 16(2) of the Water Resources Act 1963 (inspection and copying of records), for the words from " records kept" to " scheme " there shall be substituted the words " any records kept by them of the rainfall, the evaporation of water and the flow, level and volume of inland water and water in underground strata in their area. ".

• (2) In section 16(3) of that Act for the words from " such fees " onwards there shall be substituted the words " such reasonable fees as the authority may determine ".

78

After section 24(9) of that Act (exceptions from general restrictions) there shall be added the following subsection:—

(10) In this section, ' land drainage' includes the protection of land against erosion or encroachment by water, whether from inland waters or from the sea, and also includes warping and irrigation other than spray migration.

79

At the end of section 38(2) of that Act (reference of applications for licences to Secretary of State) there shall be added the following paragraph:—

(c) may except from the operation of the direction such classes of applications as may be specified in the direction in such circumstances as may be so specified.

80

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

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

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

81

• (1) In subsection (8)(d) of section 63 of that Act (special charges in respect of spray irrigation) for the words " any charging scheme for the time being in force" there shall be substituted the words " Part III of the Water Act 1973 and any charges scheme under that Part of that Act "

• (2) In subsection (9) of that section for the words from "anything contained " to the end of the subsection there shall be substituted the words " any provision of Part III of the Water Act 1973 or any charges scheme under that Part of that Act, but nothing in this section or in any agreement made thereunder shall affect the operation of any such provision or scheme in relation to a licence in so far as it authorises water abstracted in pursuance of the licence to be used on any land other than the relevant land. ".

82

In paragraph (d) of section 79(4) of that Act (byelaws relating to reservoirs) after the word " undertakers " there shall be inserted the words " other than the water authority ".

83

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84

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85

In section 135(1) of that Act (interpretation) for the definition of "land drainage" there shall be substituted the following definition:—

• " land drainage " includes defence against water (including sea water), irrigation other than spray irrigation, warping and the provision of flood warning systems.

86

In section 135(3) of that Act (definition of "local authority sewer") for the words from "a sewerage authority" to the end of paragraph (b) there shall be substituted the words

any of the following, that is to say— 1. a water authority ; 2. a local authority

.

Harbours Act 1964

87

In section 58 of the Harbours Act 1964 (authorities not to be treated as harbour authorities), for the words from “a river board” to “Catchment Board” there shall be substituted the words “ a water authority, a river purification authority, a district board nor an improvement committee ”.

New Towns Act 1965

88

In section 34 of the New Towns Act 1965 (power to authorise provision of sewers and sewage disposal works by development corporation)—

• (a) in subsection (1), for the words "local authority" there shall be substituted the words " water authority "; and

• (b) in subsection (2), after " district" there shall be inserted the words " and the water authority for every water authority area ".

89

For section 40 of that Act (power to transfer sewerage and sewage disposal undertakings of development corporations to local authorities) there shall be substituted the following section :—

(40) (1) A development corporation for a new town who have, in pursuance of an order under section 34 of this Act, been carrying on a sewerage or sewage disposal undertaking may by agreement with a water authority, and with the consent of the Secretary of State and the Treasury, transfer the whole or any part of the undertaking to that authority. (2) The Secretary of State may by order provide for the transfer to a water authority of the whole or any part of a sewerage or sewage disposal undertaking which has, in pursuance of an order under section 34 of this Act, been carried on by the development corporation for a new town, and any such order may contain such incidental, consequential and supplementary provisions as the Secretary of State thinks necessary or expedient for the purposes of the order. (3) The terms on which the whole or any part of an undertaking is transferred by an order under this section shall be such as the Secretary of State, with the consent of the Treasury, may specify in the order, and those terms may provide for the payment by the water authority of such sums, to be satisfied in such manner, as may be so specified: Provided that the total of the sums so paid shall not exceed the total capital cost of the undertaking less depreciation written off. (4) Before making an order under this section the Secretary of State shall consult with the water authority and with any other authority appearing to him to be concerned. (5) The Secretary of State shall give notice of any order which he proposes to make under this section to the water authority and the development corporation and, if within twenty-eight days after he has given notice to them either authority give notice to him that they object to the proposal and the objection is not withdrawn, the order shall be subject to special parliamentary procedure

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National Insurance (Industrial Injuries) Act 1965

90

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Sea Fisheries Regulation Act 1966

91

In section 18(3) of the Sea Fisheries Regulation Act 1966 (areas of jurisdiction), for the words from "section 119 " to "river authority)" there shall be substituted the words " section 36(3) of the Water Act 1973 (procedure relating to byelaws made by a water authority) ".

Countryside Act 1968

92

In section 22 of the Countryside Act 1968 (recreational facilities at reservoirs, etc.), the following amendments shall be made:—

• (a) in subsection (2), for the words " subsection (1) above" there shall be substituted the words " section 20(1) of the Water Act 1973 "; and

• (b) in subsections (3) to (5), for the words "subsections (1) and (2) above " there shall be substituted the words " section 20(1) of the Water Act 1973 and subsection (2) above. "

Agriculture Act 1970

93

In section 98 of the Agriculture Act 1970 (duty of local authority in Scotland whose area adjoins England to consult English authorities about flood warning systems), for the words from “river” to “1963” there shall be substituted the words “ regoinal water authority established for that area under section 2 of the Water Act 1973 ; ”.

Town and Country Planning Act 1971

94

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Salmon and Freshwater Fisheries Act 1972

95

In section 3(2) of the Salmon and Freshwater Fisheries Act 1972 (byelaws about close season, etc.), for the words from "and paragraphs " to the end there shall be substituted the words " and Part I of Schedule 7 to the Water Act 1973 shall apply accordingly ".

96

In section 9(1) of that Act (production of fishing licences) for the words from the beginning to the end of paragraph (c) there shall be substituted the words " A water bailiff appointed by a water authority on producing evidence of his appointment, or any constable, ".

97

For paragraph 18 of Schedule 1 to that Act (provisions with respect to licences) there shall be substituted the following paragraph :—

(18) The production of a printed copy of a statement purporting to be issued by a water authority as to a licence duty fixed and, if it be the case, approved by the Minister under this Schedule or under the 1923 Act shall be prima facie evidence that the licence duty was fixed or approved as there mentioned and of the amount of the duty, and without proof of the handwriting or official position of any person reporting to sign the statement.

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Local Government Act 1972

98

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SCHEDULE 9

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1

7

10

15

20

24

27

29

32A

1

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22

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31

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SCHEDULES 4 AND 4A

1

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1

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20

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22

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24

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32

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41

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45

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51

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70

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72

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76

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78

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81

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85

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88

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91

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95

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Editorial notes