Water Act 1989

(53) (1) Where— (a) an application is made to a river purification authority for a consent for the purposes of sections 31(3), 32 or 49 of this Act; (b) the authority gives a consent under section 34(3) of this Act or a consent for the purposes of section 31(3) or 49 of this Act; or (c) a consent for the purposes of sections 31(3), 32 or 49 of this Act is for the time being in force, the authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this section. (2) The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this section shall be— (a) in the case of a charge by virtue of subsection (1)(a) above, the person who makes the application; (b) in the case of a charge by virtue of subsection (1)(b) above, any person who is authorised to do anything by virtue of the consent and on whom the instrument giving the consent is served; and (c) in the case of a charge by virtue of subsection (1)(c) above, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates; and provision made by a scheme for the purposes of paragraph (c) above may impose a single charge in respect of the whole period for which the consent is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges. (3) An authority shall not make a scheme under this section unless its provisions have been approved by the Secretary of State; and the consent of the Treasury shall be required for the giving of such an approval. (4) Before submitting a scheme under this section to the Secretary of State for his approval an authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, publish a notice setting out its proposals and specifying the period within which representations with respect to the proposals may be made to the Secretary of State. (5) Where any proposed scheme has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications— (a) to consider any representations duly made to him; and (b) to have regard to the matters specified in subsection (6) below. (6) The matters mentioned in subsection (5)(b) above are— (a) the desirability of ensuring that the amount recovered by the authority by way of charges fixed by or under schemes under this section does not exceed, taking one year with another, such amount as appears to the Secretary of State to be reasonably attributable to the expenses incurred by the authority in carrying out its functions under sections 34 to 38 and 49 of this Act and otherwise in relation to discharges into controlled waters; and (b) the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under the scheme. (7) A scheme under this section may— (a) make provision with respect to the times and methods of payment of the charges which are required to be paid by virtue of the scheme; (b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (c) contain supplemental, consequential and transitional provision for the purposes of the scheme; and such a scheme may revoke or amend a previous scheme under this section. (8) It shall be the duty of a river purification authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this section which is for the time being in force to the attention of persons likely to be affected by them. (54) (1) Directions of a general or specific character may be given to each river purification authority by the Secretary of State with respect to the carrying out of its functions and it shall be the duty of each river purification authority to comply with any such direction. (2) Without prejudice to the generality of the power conferred by subsection (1) of this section, directions under that subsection may include such directions as the Secretary of State considers appropriate in order to enable Her Majesty’s Government in the United Kingdom to give effect to— (a) any Community obligations; or (b) any international agreement to which the United Kingdom is for the time being a party. (3) Any power of the Secretary of State otherwise than by virtue of this section to give direction to a river purification authority shall be without prejudice to the power conferred by this section. (55) (1) This part of this Act shall have effect with prescribed modifications in relation to discharges by an islands council in its area. (2) Without prejudice to the generality of the power to make regulations conferred by the preceding subsection, any regulations made in pursuance of that subsection may provide for consents required by islands councils for the purposes of this Part of this Act as modified by virtue of that subsection to be or be deemed to be given by the Secretary of State. (56) (1) Except where the context otherwise requires, in this Part of this Act— - “agriculture” and “agricultural” have the same meanings as in the Agriculture (Scotland) Act 1948; - “coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters” have the meanings given by section 30A(1) above; - “effluent” means any liquid, including particles of matter and other substances in suspension in the liquid; - “micro-organism” includes any microscopic biological entity which is capable of replication; - “sewage effluent” includes any effluent from the sewage disposal or sewerage works of a local authority within the meaning of the Sewerage (Scotland) Act 1968; - “substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour; - “trade effluent” includes any effluent which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage; - “underground strata” means strata subjacent to the surface of any land; - “water authority” means an authority established in accordance with section 3 of the Water (Scotland) Act 1980; - “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers, and passages through which water flows except mains and other pipes which belong to the water authority or are used by a water authority or any other person for the purposes only of providing a supply of water to any premises. (2) In this Part of this Act— (a) any reference to the waters of any loch or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any loch, pond, river or, as the case may be, watercourse which is for the time being dry; and (b) any reference to water contained in underground strata is a reference to water so contained otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata. (3) For the purposes of the definition of “trade effluent” in subsection (1) above any premises (whether on land or not) wholly or mainly used (whether for profit or not) for agricultural purposes or for the purposes of fish farming or for scientific research or experiment shall be deemed to be (and in the case of fish farms, always to have been) premises used for carrying on a trade. (4) For the purposes of this Part of this Act the area of a river purification authority shall include all controlled waters off the coast of the area which is the authority’s area apart from this subsection; and any question as to whether any place is included in the area of a river purification authority by virtue of this subsection shall be determined by the Secretary of State. (5) For the purposes of this Part of this Act a notice imposing conditions with respect to discharges which was given by a river purification authority in pursuance of— (a) section 28(4) of the Rivers (Prevention of Pollution) (Scotland) Act 1951; or (b) section 1(5) of the Rivers (Prevention of Pollution) (Scotland) Act 1965, shall be treated as having given the authority’s consent in pursuance of the Act in question for those discharges subject to those conditions. (6) Section 30(5) of this Act shall have effect in relation to this Part of this Act as if for any reference to Part I of this Act there were substituted a reference to this Part of this Act.

7

In subsection (1) of section 104 (orders and regulations), for the words “section 33(4), 44(5), 52, 53 or 109(2)” there shall be substituted the words “section 44(5) or 109(2)”.

8

After Schedule 1 there shall be inserted the following Schedule—

SCHEDULE 1A (1) (1) Subject to sub-paragraph (2) below, the Secretary of State shall not make an order under section 31B of this Act by virtue of which any land is designated as a nitrate sensitive area, except with the consent of the Treasury and on an application which— (a) has been made by a river purification authority in accordance with paragraph 2 below; and (b) by virtue of sub-paragraph (2)(a) of that paragraph identifies the controlled waters with respect to which that land is so comprised by the order. (2) This paragraph shall not apply to an order which reproduces or amends an existing order without adding any land appearing to the Secretary of State to constitute a significant area to the land already comprised in the areas for the time being designated as nitrate sensitive areas. (2) (1) A river purification authority shall not, for the purposes of paragraph 1 above, apply for the making of any order under section 31B of this Act, by which any land would be comprised in the areas for the time being designated as nitrate sensitive areas unless it appears to the authority— (a) that pollution is or is likely to be caused by the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of particular land for agricultural purposes; and (b) that the provisions for the time being in force in relation to those waters and that land are not sufficient, in the opinion of the authority, for preventing or controlling such an entry of nitrate into those waters. (2) An application under this paragraph shall identify— (a) the controlled waters appearing to the authority to be the waters which the nitrate is entering or is likely to enter; and (b) the land appearing to the authority to be the land the use of which for agricultural purposes, or the doing of anything in connection with whose use for agricultural purposes, is resulting or is likely to result in the entry of nitrate into those waters. (3) An application under this paragraph shall be made by serving a notice containing the application on the Secretary of State. (3) (1) This paragraph applies where the Secretary of State proposes to make an order under section 31B of this Act which— (a) makes or modifies any such provision as is authorised by subsection (3)(a) of that section; and (b) in doing so, contains provision which is not of one of the following descriptions, that is to say— (i) provision reproducing existing provisions without modification and in relation to substantially the same area; and (ii) provision modifying any existing provisions so as to make them less onerous. (2) The Secretary of State shall, before making any such order as is mentioned in sub-paragraph (1) above— (a) publish a notice with respect to the proposed order at least once in each of two successive weeks, in one or more newspapers circulating in the locality in relation to which the proposed order will have effect; (b) not later than the date on which that notice is first published, serve a copy of the notice on— (i) the river purification authority; (ii) every local authority whose area includes the whole or any part of that locality; and (iii) in the case of an order containing any such provision as is authorised by section 31B(3)(b) of this Act, such owners and occupiers of agricultural land in that locality as appear to the Secretary of State to be likely to be affected by the obligations in respect of which payments are to be made under that provision; and (c) publish a notice in the Edinburgh Gazette which— (i) names every local authority on whom a notice is required to be served under this paragraph; (ii) specifies a place where a copy of the proposed order and of any relevant map or plan may be inspected; and (iii) gives the name of every newspaper in which the notice required by virtue of paragraph (a) above was published and the date of an issue containing the notice. (3) The notice required by virtue of sub-paragraph (2)(a) above to be published with respect to any proposed order shall— (a) state the general effect of the proposed order; (b) specify a place where a copy of the proposed order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of forty-two days beginning with the date of the first publication of the notice; and (c) state that any person may, within that period, by notice to the Secretary of State object to the making of the order. (4) The Secretary of State shall, at the request of any person and on payment by that person of such charge (if any) as the Secretary of State may reasonably require, furnish that person with a copy of any proposed order of which notice has been published under paragraph 3 above. (5) (1) Where notices with respect to any proposed order have been published and served in accordance with paragraph 3 above and the period of forty-two days mentioned in sub-paragraph (3)(b) of that paragraph has expired, the Secretary of State may make the order either in the proposed terms or, subject to sub-paragraph (2) below (but without any further compliance with paragraph 3 above), in those terms as modified in such manner as he thinks fit, or may decide not to make any order. (2) The Secretary of State shall not make such a modification of a proposed order of which notice has been so published and served as he considers is likely adversely to affect any persons unless he has given such notices as he considers appropriate for enabling those persons to object to the modification. (3) Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the Secretary of State include any modification of the area designated by the proposed order as a nitrate sensitive area. (6) Without prejudice to section 96 of this Act, where notices with respect to any proposed order have been published and served in accordance with paragraph 3 above, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before deciding whether or not to make the proposed order or to make it with modifications. (7) The consent of the Treasury shall be required for the making of any order under section 31B of this Act the making of which does not require the consent of the Treasury by virtue of paragraph 1 above but which contains any such provision as is authorised by subsection (3)(b) of that section. (8) In this Part, “local authority” means a regional, islands or district council.

SCHEDULE 24

1

• (1) No byelaw made by a relevant body shall have effect until confirmed by the appropriate Minister under this Schedule.

• (2) A relevant body shall, at least one month before it applies for the confirmation of any byelaw—

• (a) cause a notice of its intention to make the application to be published in the London Gazette and in such other manner as it considers appropriate for the purpose of bringing the proposed byelaw to the attention of persons likely to be affected by it; and

• (b) cause copies of the notice to be served on any persons carrying out functions under any enactment who appear to it to be concerned.

• (3) For at least one month before an application is made by a relevant body for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the relevant body, including (if there is one) at an office in the area to which the byelaw would apply.

• (4) A relevant body shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above.

• (5) Every person shall be entitled, on application to a relevant body, to be furnished free of charge with a printed copy of a byelaw so deposited.

2

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

• (2) A byelaw made by the Authority under section 114 of this Act shall be confirmed without a local inquiry only if—

• (a) no written objection to its confirmation has been received by the appropriate Minister;

• (b) every objection to its confirmation which has been so received has been withdrawn; or

• (c) in the opinion of that Minister the person making the objection has no material interest in the controlled waters (within the meaning of Chapter I of Part III of this Act) 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 relevant body consents” of the words “after consultation with the relevant body” .

3

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

4

• (1) Every byelaw made by a relevant body and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the relevant body, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.

• (2) Every person shall be entitled, on application to a relevant body and on payment of such reasonable sum as the relevant body may determine, to be furnished with a copy of any byelaw so deposited by that body.

5

If it appears to the appropriate Minister that the revocation of a byelaw is necessary or expedient, he may, after giving notice to the relevant body which made the byelaw and considering any representations or objections made by that body, and, if required by that body, after holding a local inquiry, revoke that byelaw.

6

The production of a printed copy of a byelaw purporting to be made by a relevant body upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

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

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

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

• (d) the date, if any, fixed under paragraph 3 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.

7

• (1) In this Schedule “the appropriate Minister”—

• (a) in relation to byelaws made by virtue of any provision of Chapter III of Part III of this Act and having effect in the area of a regional flood defence committee the whole or the greater part of whose area is in England, means the Minister;

• (b) in relation to byelaws made by virtue of any provision of Chapter IV of Part III of this Act, means the Secretary of State or the Minister; and

• (c) in relation to any other byelaws, means the Secretary of State.

• (2) In this Schedule “relevant body” means the Authority or any water undertaker or sewerage undertaker.

SCHEDULE 25

Adaptation of enactments relating to statutory undertakers etc.

1

• (1) Each of the following, that is to say—

• (a) the Environment Agency;

• (aa) the Natural Resources Body for Wales;

• (b) every water undertaker; and

• (c) every sewerage undertaker,

shall be deemed to be statutory undertakers, and its undertaking a statutory undertaking, for the purposes of the enactments specified in sub-paragraph (2) below.

• (2) The enactments mentioned in sub-paragraph (1) above are—

• (i) the Public Health Act 1925;

• (ii) the Public Health Act 1936;

• (iii) section 4 of the Requisitioned Land and War Works Act 1948;

• (iv) the National Parks and Access to the Countryside Act 1949;

• (v) sections 20 and 30 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

• (vi) the Landlord and Tenant Act 1954;

• (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (viii) the Opencast Coal Act 1958;

• (ix) section 17(10) of the Public Health Act 1961;

• (x) the Pipe-lines Act 1962;

• (xi) Schedule 3 to the Harbours Act 1964;

• (xii) Schedule 6 to the Gas Act 1965;

• (xiii) section 40 of the Forestry Act 1967;

• (xiv) section 2 of the Countryside Act 1968, in so far as references in that section to a public body are to be construed as references to a statutory undertaker, and sections 13 and 16 of, and Schedule 2 to, that Act;

• (xv) section 5 of the Development of Tourism Act 1969;

• (xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xviii) sections 51 . . . of the Land Compensation Act 1973;

• (xix) section 73 of the Control of Pollution Act 1974;

• (xx) the Welsh Development Agency Act 1975;

• (xxi) Part I of the Local Government (Miscellaneous Provisions) Act 1976;

• (xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xxiii) the Ancient Monuments and Archaeological Areas Act 1979;

• (xxiv) Part XVI of the Local Government, Planning and Land Act 1980;

• (xxv) the Highways Act 1980;

• (xxvi) subject to sub-paragraph (5) below, the New Towns Act 1981;

• (xxvii) the Acquisition of Land Act 1981;

• (xxviii) the Civil Aviation Act 1982;

• (xxix) section 30 of the Local Government (Miscellaneous Provisions) Act 1982;

• (xxx) section 2(2)(c) of the Cycle Tracks Act 1984;

• (xxxi) the Building Act 1984;

• (xxxii) Part IX and section 611 of the Housing Act 1985.

• (3) The Environment Agency, the Natural Resources Body for Wales, a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the Landlord and Tenant Act 1927.

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

• (5) The references in section 39 of the New Towns Act 1981 (power of development corporation to transfer undertakings) to statutory undertakers do not include references to any water undertaker or sewerage undertaker and, accordingly, references in that section to a statutory undertaking do not include references to the statutory undertaking of such an undertaker.

• (6) References in section 26 of the Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to the Environment Agency the Natural Resources Body for Wales, , a water undertaker or a sewerage undertaker.

• (7) A water undertaker or sewerage undertaker shall be deemed to be statutory undertakers for the purposes of section 9(3) of the Inner Urban Areas Act 1978 (loans for site preparation).

• (8) A water undertaker or sewerage undertaker shall be deemed to be public utility undertakers for the purposes of the Highways Act 1980 . . .

• (9) In the enactments specified in sub-paragraph (10) below, “the appropriate Minister”, in relation to statutory undertakers, means—

• (a) in the case of the Environment Agency or the Natural Resources Body for Wales , the Secretary of State or the Minister; and

• (b) in the case of a water undertaker or sewerage undertaker, the Secretary of State.

• (10) The enactments mentioned in sub-paragraph (9) above are—

• (i) the Opencast Coal Act 1958;

• (ii) Schedule 3 to the Harbours Act 1964;

• (iii) paragraph 2 of Schedule 6 to the Gas Act 1965;

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (v) the Welsh Development Agency Act 1975;

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) sections 121 and 290 of the Highways Act 1980;

• (viii) the New Towns Act 1981;

• (ix) the Acquisition of Land Act 1981.

• (11) References to a local authority in the following enactments . . . shall not include references to the Environment Agency or the Natural Resources Body for Wales , namely—

• (i) the Opencast Coal Act 1958;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) Part I of Schedule 6 to the Highways Act 1980;

• (iv) the New Towns Act 1981;

• (v) the Acquisition of Land Act 1981.

Adaptation of enactments referring to the Drought Act 1976

2

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

The Public Health Act 1875 (Support of Sewers) Amendment Act 1883 (c. 37)

3

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

The Public Health (Scotland) Act 1897 (c. 38)

4

In section 16 of the Public Health (Scotland) Act 1897 (definition of nuisance), in the proviso, after paragraph (b) there shall be inserted the following paragraph—

(c) paragraphs (2) and (3) above shall not apply in relation to the supply of water for domestic purposes within the meaning of section 7 of the Water (Scotland) Act 1980.

The Public Health Act 1936 (c. 49)

5

In section 227 of the Public Health Act 1936 (power of local authority to lay pipes for the purposes of baths), at the end there shall be inserted the words

and for the purposes of the provision, laying down or maintenance in any street of any such pipes or apparatus— (a) the authority shall be entitled in relation to any such pipes or apparatus to exercise the same powers as, for the purpose of carrying out its functions, are conferred on a water undertaker in relation to relevant pipes by paragraph 2 of Schedule 19 to the Water Act 1989 (street works); and (b) the provisions of that Act shall apply, with the necessary modifications, in relation to the power conferred by virtue of paragraph (a) above as they apply in relation to the power conferred by the said paragraph 2; and in this section “street” has the same meaning as in that Schedule.

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

6

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

The Water Act 1945 (c. 42)

7

• (1) In section 14 of the 1945 Act (waste of water from wells and boreholes)—

• (a) in subsection (10), for the words from “application” to “take” there shall be substituted the words “application of the National Rivers Authority, authorise that Authority to take”; and

• (b) in subsection (12)—

• (i) for the words from the beginning to “the authority”, in the first place where they occur, there shall be substituted the words “Any person authorised for the purpose by the National Rivers Authority”;

• (ii) the words “if so required,” shall be omitted; and

• (iii) for the words “the authority or undertakers have” there shall be substituted the words “the National Rivers Authority has”.

• (2) In section 15(1) of the 1945 Act (agreements as to drainage of land)—

• (a) for the words “Statutory water undertakers”, “undertakers consider”, “undertakers are” and “undertakers shall” there shall be substituted, respectively, the words “A water undertaker”, “undertaker considers”, “undertaker is” and “undertaker shall”; and

• (b) for paragraph (a) of the proviso there shall be substituted the following paragraph—

(a) consult the National Rivers Authority; and

.

• (3) In section 16 of the 1945 Act (power to prohibit or restrict the use of hosepipes)—

• (a) in subsection (1), for the words “statutory water undertakers are”, “distribution by them”, “they may”, “they think”, “their limits of supply” and “supplied by them” there shall be substituted, respectively, the words “water undertaker is”, “distribution by the undertaker”, “it may”, “it thinks”, “its area” and “supplied by the undertaker”;

• (b) in subsections (2) and (4), for the word “undertakers”, in each place where it occurs, there shall be substituted the words “water undertaker”;

• (c) in subsection (4), the words “to be settled in case of dispute by a court of summary jurisdiction” and the words from “The procedure” onwards shall be omitted; and

• (d) in subsection (5)—

• (i) for the words “any officer of the undertakers” there shall be substituted the words “any person authorised for the purpose by the water undertaker.”; and

• (ii) the words “if so required” shall be omitted.

• (4) In section 21 of the 1945 Act (penalty for polluting water used for human consumption)—

• (a) in subsection (1)—

• (i) for the words “any spring, well, borehole or adit, the water from” there shall be substituted the words “the water in any waterworks”; and

• (ii) for the words “any such spring, well, borehole or adit” there shall be substituted the words “the water in any waterworks”;

• (b) in subsection (2), for the words from the beginning to “adit”, in the second place where it occurs, there shall be substituted the words “Any person authorised for the purpose by any local authority or water undertaker within whose area any such waterworks are situated, or by any water undertaker which takes water from any such waterworks, shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is or has been any contravention of this section in relation to those waterworks”;

• (c) after subsection (2) there shall be inserted the following subsection—

(2A) Nothing in subsection (2) of this section shall entitle any person authorised for the purposes of that subsection by a local authority to have access to any waterworks belonging to a water undertaker.

;

and

• (d) after subsection (3) there shall be inserted the following subsection—

(4) In this section “waterworks” includes— (a) any spring, well, adit, borehole, service reservoir or tank; and (b) any main or other pipe or conduit of a water undertaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

8

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

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

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

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

.

The Fire Services Act 1947 (c. 41)

9

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

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

10

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

The Coast Protection Act 1949 (c. 74)

11

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

.

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

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

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

12

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

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

13

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

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

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

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

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

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

14

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

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

15

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

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

16

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

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

17

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

The Finance Act 1952 (c. 33)

18

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

The Town Development Act 1952 (c. 54)

19

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

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

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

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

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

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

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

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

20

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

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

21

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

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

22

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

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

23

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

The Manoeuvres Act 1958 (c. 7)

24

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

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

.

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

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

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

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

The Finance Act 1958 (c. 56)

25

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

The Opencast Coal Act 1958 (c. 69)

26

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

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

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

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

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

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

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

The Radioactive Substances Act 1960 (c. 34)

27

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

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

28

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

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

;

The Trustee Investments Act 1961 (c. 62)

29

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

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

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

The Pipe-lines Act 1962 (c. 58)

30

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

• (a) in subsection (1)—

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

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

• (b) in subsection (2)—

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

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

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

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

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

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

.

The Harbours Act 1964 (c. 40)

31

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

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

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

The Gas Act 1965 (c. 36)

32

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

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

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

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

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

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

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

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

; and

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

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

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

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

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

and

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

“statutory water undertakers” means any water undertaker

;

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

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

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

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

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

(bb) on the National Rivers Authority, and

;

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

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

• (a) in paragraph 4—

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

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

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

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

• (b) in paragraph 5—

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

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

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

and

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

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

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

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

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

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

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

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

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

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

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

The Nuclear Installations Act 1965 (c. 57)

33

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

The Agriculture Act 1967 (c. 22)

34

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

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

.

The Leasehold Reform Act 1967 (c. 88)

35

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

(ee) to the National Rivers Authority;

.

The Capital Allowances Act 1968 (c. 3)

36

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

The Countryside Act 1968 (c. 41)

37

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

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

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

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

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

The Transport Act 1968 (c. 73)

38

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

• (a) in subsection (2)—

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

(b) the National Rivers Authority;

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

(h) a water undertaker;

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

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

and

• (c) in subsection (5)—

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

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

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

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

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

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

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

The Post Office Act 1969 (c. 48)

39

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

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

40

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

The Agriculture Act 1970 (c. 40)

41

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

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

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

42

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

The Local Government Act 1972 (c. 70)

43

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

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

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

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

The Land Compensation Act 1973 (c. 26)

44

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

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

The Fair Trading Act 1973 (c. 41)

45

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

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

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

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

46

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

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

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

;

and

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

The Consumer Credit Act 1974 (c. 39)

47

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

The Control of Pollution Act 1974 (c. 40)

48

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

(i) the National Rivers Authority, and

.

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

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

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

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

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

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

• (b) in subsection (10)—

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

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

and

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

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

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

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

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

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

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

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

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

The Reservoirs Act 1975 (c. 23)

49

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

The Coal Industry Act 1975 (c. 56)

50

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

The Welsh Development Agency Act 1975 (c. 70)

51

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

The Local Land Charges Act 1975 (c. 76)

52

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

The Restrictive Trade Practices Act 1976 (c. 34)

53