Water Act 1989

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

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

54

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

The Interpretation Act 1978 (c. 30)

55

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

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

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

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

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

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

56

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

The Estate Agents Act 1979 (c. 38)

57

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

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

58

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

The Competition Act 1980 (c. 21)

59

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

(c) the National Rivers Authority;

.

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

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

60

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

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

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

61

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

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

(c) the National Rivers Authority.

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

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

and

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

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

(ii) a sewerage undertaker; or

.

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

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

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

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

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

(17A) The National Rivers Authority

;

and

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

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

The Highways Act 1980 (c. 66)

62

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

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

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

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

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

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

• (a) in subsection (3)—

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

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

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

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

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

• (b) in subsection (6)—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (a) in subsection (1)—

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

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

and

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

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

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

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

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

The Water Act 1981 (c. 12)

63

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

The New Towns Act 1981 (c. 64)

64

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

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

The Acquisition of Land Act 1981 (c. 67)

65

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

The Wildlife and Countryside Act 1981 (c. 69)

66

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

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

.

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

The Civil Aviation Act 1982 (c. 16)

67

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

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

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

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

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

The Telecommunications Act 1984 (c. 12)

68

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

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

• (b) in subsection (8)—

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

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

and

• (c) in subsection (9)—

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

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

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

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

.

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

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

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

(j) the Water Act 1989.

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

The Road Traffic Regulation Act 1984 (c. 27)

69

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

The Building Act 1984 (c. 55)

70

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

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

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

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

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

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

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

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

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

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

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

.

The Companies Act 1985 (c. 6)

71

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

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

The Business Names Act 1985 (c. 7)

72

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

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

73

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

The Housing Act 1985 (c. 68)

74

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

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

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

The Agricultural Holdings Act 1986 (c. 5)

75

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

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

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

;

and

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

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

The Airports Act 1986 (c. 31)

76

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

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

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

(k) the Water Act 1989.

The Gas Act 1986 (c. 44)

77

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

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

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

(l) the Water Act 1989.

The Insolvency Act 1986 (c. 45)

78

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

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

The Local Government Act 1988 (c. 9)

79

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

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

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

.

The Local Government Finance Act 1988 (c. 41)

80

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

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

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

SCHEDULE 26

Part I — Water Authorities

Water authority members

1

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

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

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

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

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

Pensions etc.

2

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

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

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

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

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

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

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

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

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

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

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

The Local Government Act 1974 (c. 7)

3

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

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

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

Part II — Water and Sewerage Services

Arrangements with statutory water companies

4

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

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

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

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

Agreements for water supply in bulk

5

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

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

Water main requisitions

6

• (1) Where—

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

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

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

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

Domestic connections

7

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

Non-domestic supplies

8

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

Disconnections etc.

9

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

Separate service pipes

10

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

Constancy and pressure requirements

11

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

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

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

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

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

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

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

Consents by water authorities

12

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

Sewerage functions under the Public Health Acts

13

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

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

• (a) the said Act of 1937;

• (b) the said Part V; or

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

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

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

Sewer requisitions

14

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

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

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

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

Arrangements for carrying out sewerage functions

15

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

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

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

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

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

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

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

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

Water charges etc.

16

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

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

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

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

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

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

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

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

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

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

Joint water boards and joint water committees

17

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

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

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

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

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

18

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

Byelaws under section 17 of the Water Act 1945

19

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

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

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

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

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

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

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

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

The Building Act 1984 (c. 55)

20

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

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

Part III — Control of Pollution

General provisions for Chapter I of Part III of this Act

21

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

Order under section 32(3) of the 1974 Act

22

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

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

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

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

23

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

Existing transitional provisions

24

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

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

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

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

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

• (3) Particulars of consents to which sub-paragraph (2) above applies shall not be required to be contained in any register maintained under section 117 of this Act.

Section 55 of the 1974 Act

25

• (1) Nothing in this Part of this Schedule shall have the effect of providing that any regulations made under section 55 of the 1974 Act (discharges by water authorities) continue in force after the transfer date.

• (2) Subject to sub-paragraphs (3) to (5) below, where any application has been made or other thing done by any water authority by virtue of any provision of the 1974 Act as modified by any such regulations and is pending or effective immediately before the transfer date, that application or other thing shall have effect on and after the transfer date—

• (a) so far as necessary for the purposes of, or in connection with, the allocation to the water authority’s successor company by a scheme under Schedule 2 to this Act of any rights or liabilities in respect of the application or thing, as if it had been made or done by that company under the provision of Schedule 12 to this Act corresponding to the provision modified by those regulations and, where it was made or done in relation to the Secretary of State, as if it had been made or done in relation to the Authority; and

• (b) in relation to such rights and liabilities in respect of the application or other thing as are allocated by such a scheme to the Authority, only to the extent that a saving is made in relation to that application or thing by regulations under section 113(2) of this Act.

• (3) If the Secretary of State determines that this sub-paragraph is to apply in relation to any application which is deemed by virtue of sub-paragraph (2)(a) above to have been made by a successor company to the Authority—

• (a) that application shall be treated as having been transmitted to the Secretary of State in accordance with a direction under paragraph 4 of Schedule 12 to this Act; but

• (b) the Authority shall not be required, by virtue of sub-paragraph (2) of that paragraph, to inform that company that the application is to be so treated.

• (4) Where an application is deemed to have been so made by a successor company, then (whether or not it is treated under sub-paragraph (3) above as having been transmitted to the Secretary of State) the following provisions shall apply in relation to the application and, except in so far as the Secretary of State otherwise directs, shall so apply instead of paragraph 1(3) to (6) or 4(3) of Schedule 12 to this Act, that is to say—

• (a) the application shall not be considered by the Secretary of State or the Authority unless the company has complied with such directions (if any) as may be given by the Secretary of State with respect to the publicity to be given to the application;

• (b) the Secretary of State or, as the case may be, the Authority shall be under a duty to consider only such representations and objections with respect to the application as have been made in writing to the Secretary of State or the Authority before the end of such period as he may determine and as are not withdrawn; and

• (c) the Secretary of State shall have power to direct the Authority (pending compliance with any direction under paragraph (a) above or pending his or, as the case may be, its consideration of the application, representations and objections) to give such a temporary consent under Chapter I of Part III of this Act, or to make such temporary modifications of the conditions of any existing consent, as may be specified in the direction;

and it shall be the duty of the Authority to comply with any direction given to it by virtue of this sub-paragraph.

• (5) The power of the Secretary of State to make a determination or give a direction under sub-paragraph (3) or (4) above shall be exercisable generally in relation to applications of any such description as he may consider appropriate (as well as in relation to a particular application) and, in the case of a direction to give a temporary consent or to make a temporary modification, shall include—

• (a) power to require a temporary consent to be given either unconditionally or subject to such conditions falling within paragraph 2(3) of Schedule 12 to this Act as may be specified in the direction;

• (b) power, where the direction relates to a description of applications, to require the temporary consent given in pursuance of the direction to be a general consent relating to cases of such a description as may be so specified; and

• (c) power, where the direction is in respect of an application falling to be considered by the Authority, to require the consent or modification to be given or made so as to continue to have effect until the Authority’s determination on the application becomes final—

• (i) on the expiration, without the bringing of an appeal against the determination, of the prescribed period for the bringing of such an appeal; or

• (ii) on the withdrawal or determination of any such appeal;

• (6) Where any consent has been given or deemed to have been given by virtue of any provision of the 1974 Act as modified by any regulations made under section 55 of that Act and is in force immediately before the transfer date, that consent shall have effect on and after that date as if it had been given under the provision of Schedule 12 to this Act corresponding to the provision modified by those regulations, but shall so have effect—

• (a) in relation to discharges, deposits and other things done by a successor company or by the Authority, only so far as necessary for the purposes of, or in connection with, the transfer to that company or, as the case may be, the Authority in accordance with a scheme under Schedule 2 to this Act of rights and liabilities in respect of the consent; and

• (b) in relation to the Authority, subject to any regulations under section 113(2) of this Act.

• (7) Where the rights and liabilities in respect of any such consent are transferred to a water authority’s successor company in accordance with a scheme under Schedule 2 to this Act and the conditions of that consent include one or more of the following, that is to say—

• (a) a condition that requires that authority to take samples of any matter discharged;

• (b) a condition that requires that authority to furnish any person with information about samples taken by that authority; or

• (c) a condition that is contravened where there is a failure by more than a specified number of samples taken by that authority to satisfy specified requirements,

then any such condition as is mentioned in paragraph (a) or (b) above shall cease to have effect on the transfer date and any such condition as is mentioned in paragraph (c) above shall have effect on and after that date as if any samples taken on behalf of the Authority in exercise, at any time on or after that date, of a power conferred by this Act, but no other samples, were the samples falling to be taken into account for the purposes of that condition.

Byelaws

26

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

Appeals

27

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

Supplemental

28

• (1) In this Part “the 1974 Act” means the Control of Pollution Act 1974.

• (2) Sections 123 and 124 of this Act shall apply in relation to this Part of this Schedule as they apply in relation to Chapter I of Part III of this Act.

Part IV — Water Resources

General transitional provision

29

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

Section 24(2) and (3) of the 1963 Act

30

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

Waters owned or managed by the British Waterways Board

31

• (1) Where the British Waterways Board establishes to the reasonable satisfaction of the Authority, on an application made before the coming into force of the amendment made by sub-paragraph (3) of paragraph 6 of Schedule 13 to this Act—

• (a) that a contract for the sale of water by that Board to any other person has been entered into at any time before the coming into force of that amendment; and

• (b) that that contract requires or authorises such an abstraction of any water from any inland water to which section 131 of the 1963 Act (inland waters owned or managed by the British Waterways Board) applies as is required to be licensed under that Act by reason only of that amendment,

that Board shall be entitled to the grant by the Authority of such a licence under the 1963 Act as will authorise the abstraction required or authorised by that contract.

• (2) Nothing in—

• (a) sections 27 to 29 or 38 of the 1963 Act (applications for licences); or

• (b) any regulations under section 54(3) of that Act (applications in respect of National Parks),

shall apply in relation to an application for the grant of a licence by virtue of this paragraph; but, save as aforesaid and subject to the following provisions of this Part of this Schedule, that Act shall have effect as if such an application were an application under that Act.

• (3) The preceding provisions of this paragraph, and not section 41(5) of the 1963 Act (procedure on appeal to the Secretary of State), shall apply, as they apply in relation to an application to the Authority for the grant of a licence by virtue of this paragraph, in relation to an appeal under section 39 of that Act in respect of a decision on such an application; but in their application in relation to any such appeal the preceding provisions of this paragraph shall have effect as if in those provisions—

• (a) references to the Authority were references to the Secretary of State; and

• (b) the requirement in sub-paragraph (1) above as to the period within which an application must be made applied to the application the decision on which is the subject-matter of the appeal (rather than to the appeal itself).

• (4) Nothing in—

• (a) section 46(3) of the 1963 Act (compensation for revocation or variation confined to work carried out after grant of licence); or

• (b) section 47 of that Act (application by owner of fishing rights for revocation or variation of licence),

shall apply in relation to a licence under that Act granted by virtue of this paragraph; but, save as aforesaid and subject to sub-paragraphs (2) and (3) above and the following provisions of this Part of this Schedule, that Act shall apply in relation to any such licence as it applies in relation to any other licence under that Act.

Transitional provision in respect of licences under paragraph 30 or 31

32

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

Actions against the Authority in respect of rights protected by licences under paragraph 30 or 31

33

• (1) Section 50(2) of the 1963 Act (action against the Authority where Authority acts on direction of the Secretary of State) shall not apply to a direction given in consequence of an appeal against the decision of the Authority on an application for the grant of a licence under that Act by virtue of paragraph 30 or 31 above.

• (2) Where the plaintiff in any action brought against the Authority at any time after the transfer date in pursuance of section 50(1) of the 1963 Act (action in respect of licences derogating from protected rights) is entitled to a protected right under the 1963 Act by reason only that he is the holder of a licence granted by virtue of paragraph 30 or 31 above or has applied for a licence to be so granted, it shall be a defence for the Authority to show—

• (a) that the plaintiff could have carried out permissible alterations in the means whereby he abstracted water from the source of supply in question; and

• (b) that, if he had carried out such alterations, the abstraction (or, as the case may be, the obstruction or impeding of the flow of the inland water) authorised by the licence to which the action relates would not have derogated from his protected right under that Act.

• (3) In sub-paragraph (2) above “permissible alterations”—

• (a) in relation to a person who is the holder of a licence granted by virtue of paragraph 30 or 31 above, means any alteration of works, or modification of machinery or apparatus, which would fulfil the requirements of the licence as to the means whereby water is authorised to be abstracted;

• (b) in relation to a person who is not the holder of such a licence but has applied for one as being entitled to it by virtue of that paragraph, means any alteration of the works, or modification of the machinery or apparatus, by means of which he abstracted water from the source of supply in question during the period of five years ending with the transfer date, being an alteration or modification which would be within the scope of the licence if granted in accordance with the application.

Saving for the Drought Act 1976

34

The repeal by this Act of the Drought Act 1976 shall not affect—

• (a) any order under that Act which is in force immediately before the transfer date;

• (b) any power to make an order under that Act on an application (whether made before, on or after that date) of which notice was given before that date; or

• (c) the operation of the provisions of that Act in relation to any such order or application;

but, in relation to any time on or after that date, that Act and anything done under it shall have effect by virtue of this paragraph as if references to a water authority were references to the successor company of that water authority.

Interpretation of Part IV

35

• (1) In this Part of this Schedule—

• “the 1963 Act” means the Water Resources Act 1963;

• “contract for the sale of water”, in relation to the British Waterways Board, includes any arrangements by virtue of which the Board, for valuable consideration, abstracts or authorises the abstraction of water from any inland water for use by some other person, whether or not the water is returned after use;

• “the relevant period”, in relation to an application or appeal by virtue of paragraph 30 above, means whichever is the shorter of— the period of five years ending with the transfer date; and the period beginning with the date on which the applicant or any of his predecessors began to abstract water from the source of supply in question and ending with the transfer date.

• (2) Expressions used in this Part of this Schedule and in the 1963 Act have the same meanings in this Part as in that Act.

Part V — Flood Defence

General

36

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

Precepts

37

In relation to any time before 31st March 1990, the reference in section 136(4) of this Act to levies (within the meaning of the Local Government Finance Act 1988) shall include a reference to precepts.

Main river maps

38

Any map which, immediately before the transfer date, is or is deemed to be the main river map for the purposes of the 1976 Act in relation to any water authority area shall have effect on and after that date as the main river map for the purposes of that Act in relation to that area in so far as it is, on and after that date, the area of a regional flood defence committee.

Interpretation of Part V

39

In this Part of this Schedule “the 1976 Act” means the Land Drainage Act 1976.

Part VI — Fisheries

40

• (1) Subject to the following provisions of this paragraph, any byelaw or appointment made, permission given, licence granted or other thing done by a water authority which—

• (a) is made, given, granted or done under any enactment or subordinate legislation which relates to the functions of the authority relating to fisheries; and

• (b) is in force or effective immediately before the transfer date,

shall have effect on and after that date as if it were made, given, granted or done by the Authority.

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

• (3)

. . . nothing in paragraph 7(7) or (14) of Schedule 17 to this Act shall affect the validity or effect of any order under section 28(3) of the Salmon and Freshwater Fisheries Act 1975 which is in force immediately before the transfer date

• (4) Nothing in this Act shall be construed as preventing so much of any order under section 28(3) of the Salmon and Freshwater Fisheries Act 1975 or of any licence under Part I of Schedule 3 to that Act as—

• (a) is in force immediately before the transfer date; and

• (b) has the effect for the purposes of section 6 of that Act (prohibition on placing and use of unauthorised fixed engines) of authorising the placing or use of any fixed engine,

from continuing to have that effect on and after that date.

Part VII — Compulsory Purchase and Works Powers

Compulsory purchase orders and works orders

41

• (1) Where—

• (a) any compulsory purchase order made by virtue of any enactment repealed by this Act;

• (b) any order made under section 23 of the 1945 Act, section 67 of the Water Resources Act 1963 or section 1 of the Water Resources Act 1971 (compulsory works orders etc.); or

• (c) any resolution for extinguishing a right of way under section 9 of Schedule 3 to the 1945 Act,

is in force or effective immediately before the transfer date, then, notwithstanding any repeal made by this Act, that order or resolution, and any enactment repealed by this Act in so far as it relates to that order or resolution, shall continue to have effect on and after that date, as they had effect before that date, subject to such modifications as are necessary for the purposes of sub-paragraph (4) below.

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

• (4) In so far as the provisions of a scheme under Schedule 2 to this Act allocate a water authority’s rights or liabilities in relation to any order or application saved by sub-paragraph (1) . . . above to any person, that person shall, on and after the transfer date, stand in the place of that water authority for the purposes of the provision made by that sub-paragraph.

• (5) On and after the transfer date, any obligation of a water authority by virtue of section 20(5) of the 1973 Act (obligation to provide recreational facilities etc.) which, in accordance with this paragraph and a scheme under Schedule 2 to this Act, becomes an obligation of a water undertaker shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.

Notices, consents and arbitrations for the purposes of works

42

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

Section 34 of the 1945 Act

43

• (1) Nothing in paragraph 9 of Schedule 19 to this Act shall require any consent to be obtained, or any notice to be served, in respect of any discharge on or after the transfer date if the requirements of section 34 of the 1945 Act (temporary discharges into watercourses) in relation to that discharge had been satisfied before that date.

• (2) Where any register has been kept by a water authority under the said section 34 of the 1945 Act, any name and address which immediately before the transfer date is entered in that register in respect of any premises abutting on a watercourse shall be deemed on and after that date to be entered in any register which is required under paragraph 9 of Schedule 19 to this Act to be kept by the Authority or by any water undertaker—

• (a) whose area includes the whole or any part of that watercourse; or

• (b) whose pipes and other works include a pipe, reservoir, well, borehole or other work which is within three miles of that watercourse.

Authority under section 8 of the Water Act 1948

44

• (1) Subject to sub-paragraph (2) below, any authority in force and effective immediately before the transfer date under section 8 of the Water Act 1948 (power to survey and to search for water on land proposed to be purchased) and any notice given for the purposes of that section shall have effect on and after that date as an authorisation or notice given for the purposes of section 156 of this Act.

• (2) In so far as the provisions of a scheme under Schedule 2 to this Act allocate to any person a water authority’s rights and liabilities in relation to any authority given under the said section 8, that person shall, on and after the transfer date, stand in the place of that water authority for the purposes of any authority having effect by virtue of sub-paragraph (1) above.

Mines etc.

45

• (1) Any notice given in relation to any mines or minerals for the purposes of any provision of Part IV of Schedule 3 to the 1945 Act which is effective immediately before the transfer date shall have effect on and after that date as if given for the purposes of any corresponding provision of Schedule 21 to this Act to the relevant body under part of whose undertaking those mines or minerals are situated.

• (2) Where before the transfer date any water authority or statutory water company have for the purposes of section 14(2) of Schedule 3 to the 1945 Act stated their willingness to treat with any person for the payment of compensation, that person shall be deemed on and after that date to have been served with a notice in accordance with paragraph 2(3)(c) of Schedule 21 to this Act for the purposes of the application of that Schedule in relation to any notice having effect in accordance with sub-paragraph (1) above.

• (3) In this paragraph “relevant body” and “undertaking” have the same meanings as in the said Schedule 21.

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

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Maps of sewers etc.

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Where immediately before the transfer date a local authority keep a map deposited at their offices under section 32 of the Public Health Act 1936 (sewer maps), it shall be the duty of that authority—

• (a) to provide a copy of that map to every sewerage undertaker which is required, by virtue of the coming into force on that date of an appointment under Chapter I of Part II of this Act, to include information shown on the map in records to be kept by that undertaker under section 166 of this Act; and

• (b) themselves to keep a copy of that map until they have performed the duty imposed by paragraph (a) above.

Part VIII — Miscellaneous and General

Notifications by Nature Conservancy Council etc.

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Recreational activities

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The repeal by this Act of subsections (2) to (5) of section 22 of the Countryside Act 1968 and of subsections (1) and (3) of section 20 of the 1973 Act (powers with respect to recreation) shall not be construed as affecting the power—

• (a) of the Authority; or

• (b) of any water authority’s successor company or of any statutory water company,