Legalize / United Kingdom / Public General Act

Water Act 1989

Type Public General Act

Publication 1989-07-06

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(ii) enter into such agreements under section 39 of the Wildlife and Countryside Act 1981 (management agreements) or such covenants under subsection (7) below as the Secretary of State may determine;

(d) provision requiring determinations under or for the purposes of the consent or authorisation to be made, in such cases as are mentioned in paragraph (c) above, either by the Countryside Commission or only after consultation with that Commission.

(6) A consent or authorisation shall not be given on any such condition as is mentioned in subsection (5)(a) above except where the Secretary of State or the Minister is satisfied that the condition will have effect in relation only to—

(a) land which, or any interest or right in or over which, was acquired by—

(i) the Authority;

(ii) the water undertaker or sewerage undertaker in question; or

(iii) any predecessor of the Authority or undertaker,

either compulsorily or at a time when the Authority, undertaker or predecessor was authorised to acquire it compulsorily; or

(b) land situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest.

(7) Where a company holding an appointment under Chapter I of Part II of this Act is proposing, in such a case as is mentioned in subsection (5)(c) above, to dispose of, or of any interest or right in or over, any of its protected land, it may enter into a covenant with the Secretary of State by virtue of which it accepts obligations with respect to—

(a) the freedom of access to the land that is to be afforded to members of the public or to persons of any description; or

(b) the use or management of the land;

and a covenant under this subsection shall bind all persons deriving title from or under that company and shall be enforceable by the Secretary of State accordingly.

(8) Section 8 above shall have effect for the purposes of this section as if every proposal which—

(a) is made by a company holding an appointment as a water undertaker or sewerage undertaker with respect to land in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest or with respect to any interest or right in or over any such land; and

(b) is a proposal for which the Secretary of State’s consent or authorisation is required under this section,

were a proposal relating to the functions of that undertaker.

(9) In this section “compulsorily acquired land”, in relation to the Authority, means any land of the Authority which—

(a) was acquired by the Authority compulsorily under the provisions of section 151 above or of section 155 below;

(b) was acquired by the Authority at a time when it was authorised under those provisions to acquire the land compulsorily;

(c) being land which has been transferred to the Authority in accordance with a scheme under Schedule 2 to this Act, was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before the transfer date as conferred powers of compulsory acquisition; or

(d) being land which has been so transferred, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in paragraph (c) above.

(10) In this section—

“area of outstanding natural beauty or special scientific interest” means an area which— is for the time being designated as an area of outstanding natural beauty for the purposes of the National Parks and Access to the Countryside Act 1949; or is an area in relation to which a notification given, or having effect as if given, under section 28 of the Wildlife and Countryside Act 1981 (areas of special scientific interest) for the time being has effect; and the reference in subsection (5)(c) above to an area of special scientific interest shall, accordingly, be construed as a reference to an area such as is mentioned in paragraph (b) of this definition; and

“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

Laying and vesting of pipes etc

153

(1) Schedule 19 to this Act (which confers powers on the Authority and on water undertakers and sewerage undertakers for the purpose of enabling them to lay pipes and sewers and carry out related works) shall have effect.

(2) Subject to subsection (4) below and to any provision to the contrary contained in an agreement between the Authority or undertaker and the person in whom an interest in the pipe or works is or is to be vested—

(a) every pipe which is a relevant pipe for the purposes of Schedule 19 to this Act and has been laid, in exercise of any power conferred by that Schedule or otherwise, by the Authority or a water undertaker or sewerage undertaker; and

(b) every sewage disposal works constructed by a sewerage undertaker,

shall vest in the Authority, the undertaker which laid it or, as the case may be, the undertaker which constructed them.

(3) In addition to the sewers and works which vest in a sewerage undertaker by virtue of subsection (2) above, the following shall also vest in such an undertaker, that is to say—

(a) every sewer or sewage disposal works with respect to which a declaration of vesting made or having effect as if made by that undertaker under Part II of the Public Health Act 1936 takes effect; and

(b) every sewer which is laid in the area of that undertaker under Part XI of the Highways Act 1980 (making up private streets) and is not a sewer belonging to a road maintained by a highway authority.

(4) Subsection (2) above shall not apply to a service pipe laid in a street other than the street in which the water main with which it connects is situated and shall not apply to a service pipe laid otherwise than in a street where that pipe is laid—

(a) in pursuance of the duty imposed by virtue of section 42(3)(c) above; or

(b) in substitution for a service pipe belonging to a person other than the person who lays the replacement pipe.

(5) It is hereby declared that anything which, in pursuance of any arrangements under section 73 above, is done on behalf of a sewerage undertaker by a relevant authority within the meaning of that section is, subject to any provision to the contrary contained in any such arrangements, to be treated for the purposes of this section as done by the undertaker.

(6) The preceding provisions of this section are without prejudice to the vesting of anything in the Authority, or in a company appointed to be a water undertaker or sewerage undertaker, in accordance with a scheme under Schedule 2 or 5 to this Act or by virtue of the exercise by the Authority or any such undertaker of any power to acquire property by agreement or compulsorily.

Power to deal with foul water and pollution

154

(1) Without prejudice to the powers conferred by section 115 above or by Schedule 19 to this Act, the Authority and every water undertaker shall have power, on any land which belongs to the Authority or that undertaker or over or in which the Authority or that undertaker has acquired the necessary easements or rights, to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose—

(a) of intercepting, treating or disposing of any foul water arising or flowing upon that land; or

(b) of otherwise preventing the pollution—

(i) of any waters, whether on the surface or underground, which belong to the Authority or any water undertaker or from which the Authority or any water undertaker is authorised to take water;

(ii) without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the Authority or any water undertaker or which the Authority or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or

(iii) of any underground strata from which the Authority or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under the Water Resources Act 1963.

(2) Where any water undertaker is proposing to carry out any such works as are mentioned in subsection (1) above and the proposed works will affect any watercourse, the undertaker shall consult the Authority before carrying out the works.

(3) Without prejudice to section 160 below, nothing in subsection (1) above shall authorise the Authority or any water undertaker, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.

(4) Any dispute as to whether any consent for the purposes of subsection (3) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) Paragraphs 2 and 3 of Schedule 19 to this Act (street works) shall have effect as if any reference in those paragraphs to the laying of a relevant pipe, within the meaning of that Schedule, included a reference to the laying of any drain or sewer for any of the purposes mentioned in subsection (1)(a) and (b) above and to the construction of a watercourse for any of those purposes.

Compulsory powers for carrying out works

155

(1) Where the Authority or a water undertaker is proposing, for the purposes of, or in connection with, the carrying out of any of its functions—

(a) to carry out any engineering or building operations; or

(b) to discharge water into any inland water or underground strata,

the Authority or, as the case may be, the undertaker may apply to the appropriate Minister for an order under this section.

(2) Subject to the following provisions of this section, the appropriate Minister may, on an application under subsection (1) above, by order made by statutory instrument confer such compulsory powers and grant such authority as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.

(3) Schedule 20 to this Act shall have effect with respect to applications for orders under this section and with respect to such orders.

(4) Subject to the said Schedule 20, an order under this section may—

(a) without prejudice to section 151 above, confer power to acquire compulsorily any land, including—

(i) power to acquire interests in and rights over land by the creation of new rights and interests; and

(ii) power, by the compulsory acquisition by the Authority or any water undertaker of any rights over land which is to be or has been acquired by the Authority or that undertaker, to extinguish any such rights;

(b) apply for the purposes of the order, either with or without modifications, any of the provisions of this Part of this Act which do not apply for those purposes apart from by virtue of this paragraph;

(d) amend or repeal any local statutory provision;

(e) contain such supplemental, consequential and transitional provision as the appropriate Minister considers appropriate.

(5) Nothing in any order under this section shall exempt the Authority or any water undertaker from any restriction imposed by Part IV of the Water Resources Act 1963 (abstraction and impounding of water).

(6) It is hereby declared that an order under this section may grant authority for discharges of water by the Authority or a water undertaker where the Authority or the undertaker has no power to take water, or to require discharges to be made, from the inland water or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.

(7) In this section and Schedule 20 to this Act “the appropriate Minister”—

(a) in relation to an application by the Authority for an order under this section or an order made on such an application, means the Secretary of State or the Minister; and

(b) in relation to an application by a water undertaker for an order under this section or an order made on such an application, means the Secretary of State.

Power to carry out surveys and to search for water

156

(1) Without prejudice to the power conferred by paragraph 10 of Schedule 19 to this Act any person designated in writing under this section by the Authority or any water undertaker may enter any premises for any of the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—

(a) whether it would be appropriate for the Authority or, as the case may be, the undertaker to acquire any land or any right over land for purposes connected with the carrying out of its functions; or

(b) whether it would be appropriate for the Authority or, as the case may be, the undertaker to apply for an order under section 155 above and what compulsory powers it would be appropriate to apply for under that section.

(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—

(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;

(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and

(c) to take away and analyse such samples of water or of any land or articles as the Authority or, as the case may be, the undertaker considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.

(4) The powers conferred by this section shall not be exercised in any case for purposes connected with the determination of—

(a) whether, where or how a reservoir should be constructed; or

(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,

unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.

(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—

(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and

(b) he has considered any representation or objections which, within the period of fourteen days beginning with the day after the giving of the notice, have been duly made to him by the owner or occupier of those premises with respect to the proposed exercise of powers under this section and have not been withdrawn.

(6) Without prejudice to any power exercisable by virtue of a warrant under section 178 below, no person shall make an entry into any premises by virtue of this section except—

(a) in an emergency; or

(b) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

Duties to make recreational facilities available when carrying out certain works

157

(1) Without prejudice to any duty imposed by virtue of subsection (2) below, where—

(a) the Secretary of State makes an order under section 155 above authorising the Authority or a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the Authority or such an undertaker; and

(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,

he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

(2) Where the Authority or a water undertaker carries out any works for or in connection with the construction or operation of a reservoir in Wales which—

(a) permanently affect one or more communities; and

(b) are not primarily intended by the Authority or that undertaker to benefit the inhabitants of that or those communities,

it shall be the duty of the Authority or, as the case may be, that undertaker to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.

(3) It shall be the duty of the Authority and of every water undertaker, in performing its duty under subsection (2) above, to consult—

(a) the community councils of the communities affected, in the case of communities having such councils; and

(b) in any case, the council of any district in which any community affected is situated.

(4) The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

Byelaws with respect to waterways etc. in which the Authority or undertakers have an interest

158

(1) Every relevant body shall have power to make such byelaws as are mentioned in subsection (3) below with respect to any waterway owned or managed by that body and with respect to any land held or managed with the waterway.

(2) The Authority shall also have power to make such byelaws as are so mentioned with respect to any inland waters in relation to which there is a public right of navigation, and with respect to any land associated with such waters, if navigation in those waters—

(a) is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

(b) is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

(3) The byelaws referred to in subsections (1) and (2) above in relation to any waterway, to any inland waters or to any land held or managed with any such waterway or associated with any such waters are byelaws for any of the following purposes, that is to say—

(a) the preservation of order on or in any such waterway, waters or land;

(b) the prevention of damage to anything on or in any such waterway, waters or land or to any such land;

(c) securing that persons resorting to any such waterway, waters or land so behave as to avoid undue interference with the enjoyment of the waterway, waters or land by others.

(4) Without prejudice to the generality of any of the paragraphs of subsection (3) above or to the power conferred on the Authority by virtue of section 114 above, the byelaws mentioned in that subsection include byelaws—

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the waterway or, as the case may be, inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the body making the byelaws;

(d) providing for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws; and

(e) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(5) Byelaws made under this section otherwise than by the Authority shall cease to have effect at the end of the period of ten years beginning with the day on which they were made; but the Secretary of State may by order made by statutory instrument make provision in relation to any particular byelaws for those byelaws to continue to have effect for such period after the time when they would otherwise cease to have effect as may be specified in the order.

(6) In this section—

“boat” includes a vessel of any description, and “boating” shall be construed accordingly;

“relevant body” means the Authority or any water undertaker or sewerage undertaker; and

“waterway” has the same meaning as in the National Parks and Access to the Countryside Act 1949.

Provisions supplemental to powers of acquisition and works powers

Mineral rights

159

Schedule 21 to this Act (which makes provision with respect to the acquisition of mineral rights by the Authority and by water undertakers and sewerage undertakers and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).

Protection of certain undertakings

160

(1) Nothing in this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking falling within subsection (3) below, which, whether directly or indirectly, so interferes or will so interfere—

(a) with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or

(b) with the use of any such works or property,

as to affect injuriously those works or that property or the carrying on of the undertaking.

(2) Nothing in any provision of this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking falling within subsection (3) below.

(3) The following are the undertakings which fall within this subsection, that is to say—

(a) the undertakings of the Authority, the Civil Aviation Authority, the British Coal Corporation and the Post Office;

(b) the undertaking of any water undertaker or sewerage undertaker;

(c) any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the Telecommunications Act 1984;

(d) any airport to which Part V of the Airports Act 1986 applies;

(e) the undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986;

(f) the undertaking of the Central Electricity Generating Board or of any Area Board, within the meaning of the Electricity Act 1947;

(g) the undertaking of any navigation, harbour or conservancy authority or of any internal drainage board;

(h) the undertaking of the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway;

(i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act;

and, in relation to any such airport as is mentioned in paragraph (d) above, any reference in subsection (1) or (2) above to the persons carrying on the undertaking is a reference to the airport operator.

(4) Without prejudice to subsections (1) and (2) above, nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—

(a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or

(b) with any such works used by any person for irrigating any land.

(5) Where the Authority or any water undertaker or sewerage undertaker proposes, otherwise than in exercise of any compulsory powers, to construct or alter any relevant inland water in any internal drainage district or to construct or alter any works on or in any such inland water, the Authority or undertaker shall consult the internal drainage board for that district before doing so.

(6) A consent for the purposes of subsection (1) or (4) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(7) Subject to subsection (8) below, any dispute—

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) or (4) above;

(b) as to whether any consent for the purposes of this section is being unreasonably withheld; or

shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

(8) Paragraph 23 of Schedule 2 to the Telecommunications Act 1984 (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Authority, to every water undertaker and to every sewerage undertaker for the purposes of any works carried out by that Authority or undertaker in exercise of any of the powers conferred by this Act (including the powers conferred by sections 97 and 145 above).

(9) In this section “relevant inland water” means any inland water other than one that forms part of a main river for the purposes of the Land Drainage Act 1976.

Duty to move pipes etc. in certain cases

161

(1) Where any relevant pipe or other apparatus is for the time being kept installed by a water undertaker or sewerage undertaker on, under or over any land, any person with an interest in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe or apparatus on the ground that the alteration or removal of that pipe or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

(2) Subject to subsections (3) and (4) below, where a notice is served on a water undertaker or sewerage undertaker under subsection (1) above, it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.

(3) Nothing in this section shall require a water undertaker or sewerage undertaker to alter or remove any pipe or apparatus which is kept installed in, under or over any street.

(4) A water undertaker or sewerage undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under subsection (1) above that such security as the undertaker may reasonably require has been provided for the discharge of any obligation of that person under subsection (5) below.

(5) Where a water undertaker or sewerage undertaker carries out any works under this section by virtue of a notice having been served by any person under subsection (1) above, the undertaker shall be entitled to recover any expenses reasonably incurred in carrying out those works from that person.

(6) Where any sums have been deposited with a water undertaker or sewerage undertaker by way of security for the discharge of any obligation under subsection (5) above, the undertaker shall pay interest at such rate as may be determined either—

(a) by the undertaker with the approval of the Director; or

(b) in default of a determination under paragraph (a) above, by the Director,

on every sum of 50p so deposited for every three months during which it remains in the hands of the undertaker.

(7) An approval or determination by the Director for the purposes of subsection (6) above may be given or made in relation to a particular case or description of cases or generally and may be revoked at any time.

(8) The duty of a water undertaker or sewerage undertaker under this section shall be enforceable under section 20 above by the Director.

(9) In this section—

“improvement”, in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water or the provision of sewerage services to any premises; and

“relevant pipe” has the same meaning as in Schedule 19 to this Act.

Complaints with respect to the exercise of works powers on private land

162

(1) Subject to subsection (2) below, it shall be the duty of the Director to investigate any complaint made or referred to him with respect to the exercise by a water undertaker or sewerage undertaker of any powers conferred on that undertaker by or by virtue of paragraph 4 of Schedule 19 to this Act.

(2) The Director shall not be required to investigate any such complaint as is mentioned in subsection (1) above if—

(a) the complaint appears to the Director to be vexatious or frivolous;

(b) the Director is not satisfied that the complaint has been brought by the complainant to the attention of the water undertaker or sewerage undertaker in question and that that undertaker has been given a reasonable opportunity of investigating and dealing with it; or

(c) the complaint was first made to the Director or the appropriate customer service committee more than twelve months, or such longer period as the Director may for special reasons allow, after the matters to which the complaint relates first came to the notice of the complainant.

(3) Where the Director, in pursuance of his duty under this section, investigates a complaint with respect to the exercise of any powers by a water undertaker or sewerage undertaker—

(a) it shall be the duty of that undertaker to provide the Director with all such information and assistance as he may reasonably require for the purposes of his investigation; and

(b) it shall be the duty of the Director, before giving any direction under subsection (4) below, to consider any representations made to him by the complainant or by that undertaker with respect to the subject-matter of the complaint.

(4) If on a complaint under subsection (1) above with respect to the exercise of any powers by a water undertaker or sewerage undertaker, the Director is satisfied that that undertaker—

(a) has failed adequately to consult the complainant, before and in the course of exercising those powers, about the manner in which they are exercised; or

(b) by acting unreasonably in the manner of its exercise of those powers, has caused the complainant to sustain loss or damage or to be subjected to inconvenience,

the Director may direct the undertaker to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience.

(5) The Director shall not under subsection (4) above direct a water undertaker or sewerage undertaker to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to him appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.

(6) For the purposes of this section it shall be the duty of every company holding an appointment under Chapter I of Part II of this Act as a water undertaker or sewerage undertaker—

(a) as soon as reasonably practicable after its appointment takes effect, to submit to the Secretary of State for his approval a code of practice with respect to its exercise of any powers conferred by or by virtue of paragraph 4 of Schedule 19 to this Act; and

(b) if required to do so by the Secretary of State at any subsequent time, to submit proposed modifications of that code to the Secretary of State for his approval.

(7) The Secretary of State, if he considers it appropriate to do so for the purpose of promoting what appear to him to be desirable practices with respect to the exercise by any company holding an appointment under Chapter I of Part II of this Act as a water undertaker or sewerage undertaker of any powers conferred by or by virtue of paragraph 4 of Schedule 19 to this Act, may at any time by order made by statutory instrument, in relation to that company—

(a) approve any code of practice with respect to the exercise of those powers which has been submitted to him (whether or not under subsection (6) above) by that company for his approval;

(b) approve any modifications of such a code which have been so submitted; or

(8) A contravention of a code of practice as for the time being approved under this section in relation to a company shall not affect the powers conferred on that company as a water undertaker or sewerage undertaker by Schedule 19 to this Act or of itself entitle any person to be paid any amount under subsection (4) above or give rise to any criminal or civil liability, but the Director shall take into account whether there has been any such contravention in determining whether to give a direction under that subsection to that company and in determining the amount to which any such direction relates.

(9) Except in the case of an order made before the transfer date or at any time in the period of three months beginning with that date, the Secretary of State shall not make an order under subsection (7) above unless he has first consulted all such persons as he considers it appropriate to consult.

(10) The duties of a water undertaker or sewerage undertaker under subsections (3)(a) and (6) above shall be enforceable under section 20 above—

(a) in the case of the duty subsection (3)(a) above, by the Director; and

(b) in the case of the duty under subsection (6) above, by the Secretary of State;

and any person to whom any amount is required, in pursuance of direction under subsection (4) above, to be paid by a water undertaker or sewerage undertaker shall be entitled to recover that amount from that undertaker by virtue of this section.

(11) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (4) above.

Saving for planning controls

163

Without prejudice to the operation of section 40 of the Town and Country Planning Act 1971 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act relates to the functions of the Authority or of any water undertaker or sewerage undertaker, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of the said Act of 1971) without the grant of such planning permission as may be required by that Act.

Application of certain powers etc. to local authorities

164

(1) For the purposes of the taking of any steps falling to be taken by a local authority by virtue of a designation under subsection (3)(a) of section 57 above the provisions of this Part shall have effect—

(a) as if the powers conferred by Schedule 19 to this Act and section 154 above on a water undertaker for the purpose of carrying out its functions were also conferred on a local authority for the purpose of ensuring that a supply of water provided by means of a private supply to any premises in the authority’s area is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;

(b) as if any such power, so far as it is conferred on a water undertaker in relation to things belonging to or operated or used by the undertaker for the purposes of its functions, were conferred by virtue of paragraph (a) above on a local authority in relation to things belonging to or operated or used by that authority, or a relevant person, in connection with the provision of water by means of a private supply;

(c) as if references to a water undertaker in any provision of this Part of this Act relating to a power which is exercisable by a local authority by virtue of the preceding provisions of this subsection, except the references in section 162 above, included references to a local authority; and

(d) as if the making by any person in pursuance of a notice under section 57 above of any payment in respect of sums incurred in the laying of any pipe entitled that person, for the purposes of section 153(2) above, to an interest in the pipe.

(2) Where by virtue of this Act a local authority have power under Part VII of the Local Government Act 1972 (miscellaneous powers of a local authority) to acquire (whether compulsorily or otherwise) any land or right over land for the purpose of ensuring that private supplies of water to premises in their area are both wholesome and (so far as houses on those premises are concerned) sufficient for domestic purposes, that power shall include power to acquire land or rights over land in order, for that purpose, to dispose of the land or rights to a person who is a relevant person in relation to such a private supply.

(3) In this section—

“private supply” and “wholesome” have the same meanings as in Chapter II of Part II of this Act; and

“relevant person”, in relation to a private supply, means a person who is a relevant person in relation to that supply for the purposes of section 57 above.

Records of underground works

Maps of water mains etc

165

(1) Subject to subsections (4) and (5) below, it shall be the duty of the Authority and of every water undertaker to keep records of the location of—

(a) every resource main, water main or discharge pipe which is for the time being vested in the Authority or, as the case may be, that undertaker; and

(b) any other underground works, other than a service pipe, which are for the time being vested in the Authority or, as the case may be, that undertaker.

(2) It shall be the duty of the Authority and of every water undertaker to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the Authority or, as the case may be, of the undertaker.

(3) Any information which is required under this section to be made available by the Authority or a water undertaker for inspection by the public shall be so made available in the form of a map.

(4) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(5) Nothing in this section shall require the Authority or a water undertaker, at any time within the period of ten years beginning with the transfer date, to keep records of—

(a) any pipe which was laid before that date; or

(b) any underground works which were completed before that date,

unless those particulars were shown, immediately before that date, on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the 1945 Act (maps of underground works).

(6) The reference in subsection (5) above to section 12 of Schedule 3 to the 1945 Act shall have effect, without prejudice to section 20(2) of the Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.

(7) The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

(8) In this section “resource main” and “discharge pipe” have the same meanings as in paragraph 1 of Schedule 19 to this Act.

Sewer maps

166

(1) Subject to subsections (6) and (7) below, it shall be the duty of every sewerage undertaker to keep records of the location and other relevant particulars—

(a) of every public sewer or disposal main which is vested in the undertaker;

(b) of every sewer in relation to which a declaration of vesting has been made, or is treated as having been made, by the undertaker under section 17 of the 1936 Act but has not taken effect; and

(c) of every drain or sewer to which an agreement to make such a declaration relates, being an agreement entered into, or treated as entered into, by the undertaker under section 18 of that Act.

(2) For the purposes of this section the relevant particulars of a drain, sewer or disposal main are (in addition to its location) particulars—

(a) of whether it is a drain, sewer or disposal main and of the descriptions of effluent for the conveyance of which it is or is to be used; and

(b) of whether it is vested in the undertaker or, if it is not, of whether it is a sewer in relation to which a declaration has been made under section 17 of the 1936 Act or a drain or sewer to which an agreement under section 18 of that Act relates;

and the records kept by a sewerage undertaker under this section shall be kept separately in relation to the area of each local authority within whose area there is any drain, sewer or disposal main of which that undertaker is required to keep records.

(3) It shall be the duty of every sewerage undertaker—

(a) so to provide local authorities, free of charge, with copies of the contents of records kept under this section, and with copies of any modifications of those records, as to ensure that every local authority to whose area any of those records relate are at all times informed of the contents for the time being of the records relating to their area; and

(b) to secure that the contents of all the records for the time being kept by the undertaker under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the undertaker.

(4) A local authority shall secure that so much of any information provided to them by virtue of subsection (3)(a) above as consists in the contents for the time being of records kept by a sewerage undertaker under this section is available, at all reasonable times, for inspection by the public free of charge at an office of the authority.

(5) Any information which is required under this section to be provided to a local authority or to be made available by a sewerage undertaker or local authority for inspection by the public shall be so provided or made available in the form of a map.

(6) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(7) Nothing in this section shall require a sewerage undertaker—

(a) to keep records of any particulars of a drain, sewer or disposal main laid before the transfer date if—

(i) the undertaker does not know of or have reasonable grounds for suspecting the existence of the drain, sewer or disposal main; or

(ii) it is not reasonably practicable for the undertaker to discover the course of the drain, sewer or disposal main and it has not done so;

(b) at any time within the period of ten years beginning with the transfer date, to keep records of any particulars of any other drain, sewer or disposal main laid before that date unless—

(i) those particulars were shown, immediately before that date, on a map kept by a local authority under section 32 of the 1936 Act (sewer maps); or

(ii) it is a drain or sewer in relation to which a declaration of vesting, or an agreement to make such a declaration, has been made under section 17 or 18 of the 1936 Act since the beginning of that period.

(8) The duties of a sewerage undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

(9) In this section—

“the 1936 Act” means the Public Health Act 1936;

“disposal main” has the same meaning as in paragraph 1 of Schedule 19 to this Act;

“local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

Offence of interference with works etc.

Offence of interference with works etc

167

(1) Subject to subsection (2) below, if any person without the consent of the Authority or water undertaker—

(a) intentionally or recklessly interferes with any resource main, water main or other pipe vested in the Authority or any water undertaker or with any structure, installation or apparatus belonging to the Authority or any water undertaker; or

(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person shall not be guilty of an offence under subsection (1) above—

(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or

(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises if—

(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and

(ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.

(3) Any person who without the consent of the Authority or water undertaker—

(a) attaches any pipe or apparatus—

(i) to any resource main, water main or other pipe vested in the Authority or a water undertaker; or

(ii) to any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;

(b) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

(c) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.

(5) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the Authority or, as the case may be, the water undertaker in question; and any such breach of duty which causes the Authority or that undertaker to sustain loss or damage shall be actionable at the suit of the Authority or that undertaker.

(6) The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.

(7) In this section—

“consumer” has the same meaning as in Chapter II of Part II of this Act; and

“resource main” has the same meaning as in paragraph 1 of Schedule 19 to this Act;

and the references in subsection (1) above to apparatus belonging to a water undertaker do not include references to any meter (within the meaning of Schedule 10 to this Act) which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have (within the meaning of that Schedule) been fixed by the undertaker by reference to volume.

Part V — Provisions relating to Scotland

Water quality in Scotland

168

Schedule 22 to this Act shall have effect to make provision for Scotland in relation to the quality of water.

Control of water pollution in Scotland

169

Schedule 23 to this Act shall have effect to make provision for Scotland in relation to the control of pollution of water.

Part VI — Misc1ellaneous and Supplemental

Directions in the interests of national security etc.

Directions in the interests of national security etc

170

Power to give effect to international obligations

171

(1) The appropriate Minister may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect—

(a) to any Community obligations; or

(b) to any international agreement to which the United Kingdom is for the time being a party.

(2) This section applies —

(a) to the provisions of Chapter II of Part II of this Act;

(b) to the provisions of Chapter I of Part III of this Act; and

(c) to the provisions of Chapter IV of Part III of this Act and of any enactment relating to the carrying out by the Authority of such of its functions as relate to fisheries.

(3) In this section “the appropriate Minister” —

(a) in relation to the provisions mentioned in subsection (2)(a) and (b) above, means the Secretary of State; and

(b) in relation to the provisions mentioned in subsection (2)(c) above, means the Minister or the Secretary of State.

Indemnities in respect of fluoridation

172

(1) The Secretary of State may, with the consent of the Treasury, agree to indemnify any statutory water undertaker in respect of such of any of the following as he thinks fit, that is to say—

(a) liabilities incurred by the undertaker in connection with anything done by the undertaker for the purpose of increasing the fluoride content of any water supplied by the undertaker;

(b) costs or expenses which are incurred by the undertaker, or for which the undertaker is liable, in connection with any proceedings which have been or may be brought by any person with respect to—

(i) things done for the purpose of increasing the fluoride content of any water; or

(ii) a proposal to increase the fluoride content of any water;

(d) liabilities transferred to the undertaker in accordance with a scheme under Schedule 2 or 5 to this Act which, in relation to the person from whom they were transferred, were liabilities falling within paragraph (a) above or liabilities in respect of costs, expenses or other expenditure mentioned in sub-paragraph (b) or (c) above.

(2) In this section “statutory water undertaker” means—

(a) any water undertaker or, in relation to any time before the transfer date, any water authority or any statutory water company within the meaning of the 1973 Act; or

(b) any water authority within the meaning of the Water (Scotland) Act 1980.

Payments to existing pension fund

173

(1) Subject to subsection (3) below, the Secretary of State may, with the consent of the Treasury, make such payments into any fund maintained for the purposes of any regulations under section 7 of the Superannuation Act 1972, as he may consider appropriate in respect of the actual and prospective liabilities falling from time to time to be met out of that fund to or in respect of persons, or classes of persons, who—

(a) have ceased to be officers or employees of a water authority; or

(b) have ceased to be officers or employees of any person designated for the purposes of this paragraph by order made by the Secretary of State.

(2) The Secretary of State shall not make an order designating a person for the purposes of subsection (1)(b) above unless that person appears to him to be a person whose activities at any time before the transfer date consisted in, or were 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; and the power to make such an order shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3) It shall be the duty of the Secretary of State so to exercise the power conferred by subsection (1) above as to ensure that all such liabilities as are mentioned in that subsection are able to be met out of the fund out of which they fall to be met in accordance with any regulations under the said section 7.

(4) Any amount paid into any fund by the Secretary of State under this section shall be paid out of money provided by Parliament.

Information etc.

General restrictions on disclosure of information

174

(1) Subject to the following provisions of this section, no information with respect to any particular business which—

(a) has been obtained by virtue of any of the provisions of this Act; and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Minister, the Environment Agency, the Scottish Environment Protection Agency, the Natural Resources Body for Wales, the Water Services Regulation Authority, the Consumer Council for Water , the Competition and Markets Authority or a local authority of any of his, its or, as the case may be, their functions by virtue of this Act or any of the water consolidation Acts , the Environment Act 1995 , the Water Act 2003 , the Water Act 2014 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) ;

(b) for the purpose of facilitating the performance by a water undertaker , sewerage undertaker or person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of any of the duties imposed on the undertaker or, as the case may be, the person by or under this Act , the Water Act 2014 or any of the water consolidation Acts;

(c) in pursuance of any duty imposed by section 197(1)(a) or (2) or 203(1), (1A), (2) or (2A) of the Water Resources Act 1991 or section 27H of the Water Industry Act 1991 ;

(d) for the purpose of facilitating the carrying out by—

(i) any Minister of the Crown;

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

(iii) the Competition and Markets Authority;

(iv) the Office of Communications;

(v) the Civil Aviation Authority;

(vi) the Director General of Gas Supply;

(vii) the Director General of Electricity Supply; or

(viii) a local weights and measures authority in England and Wales,

of any of his, its or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;

(e) for the purpose of enabling or assisting the Secretary of State, the Treasury , the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England to exercise any powers conferred by or under the Financial Services and Markets Act 2000 , by or under the Consumer Credit Act 1974 or by the enactments relating to companies or insolvency;

(ea) for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;

(f) for the purpose of enabling an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;

(g) for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

(ga) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(j) for the purposes of any civil proceedings brought under or by virtue of this Act , any of the water consolidation Acts , the Environment Act 1995 , the Water Act 2003 , the Water Act 2014 or any of the enactments or instruments specified in subsection (3) below or of any arbitration under this Act or any of those Acts; or

(k) in pursuance of an assimilated obligation.

(3) The enactments and instruments referred to in subsection (2) above are—

(a) the Trade Descriptions Act 1968;

(b) the Fair Trading Act 1973;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Estate Agents Act 1979;

(g) the Competition Act 1980;

(h) the Telecommunications Act 1984;

(i) the Airports Act 1986;

(j) the Gas Act 1986;

(k) the Consumer Protection Act 1987;

(l) the Electricity Act 1989;

(ll) the Competition Act 1998

(lm) Part I of the Transport Act 2000.

(ln) the Enterprise Act 2002;

(lo) the Communications Act 2003;

(lp) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/European Union of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;

(n) Part 1 of the Civil Aviation Act 2012

(o) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

(p) the following provisions of the Digital Markets, Competition and Consumers Act 2024—

(i) Part 3;

(ii) Chapter 1 of Part 4;

(iii) Chapter 2 of Part 5.

(4) Nothing in subsection (1) above shall be construed—

(a) as limiting the matters which may be published under section 201 of the Water Industry Act 1991 or may be included in, or made public as part of, a report of the Environment Agency, the Scottish Environment Protection Agency, the Natural Resources Body for Wales the Water Services Regulation Authority , the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991) or the Competition and Markets Authority under any provision of the water consolidation Actsor the Environment Act 1995; or

(b) as applying to any information which has been so published or has been made public as part of such a report or to any information exclusively of a statistical nature.

(5) Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6) Subject to subsection (7) below, nothing in this section shall preclude the disclosure of information—

(a) if the disclosure is of information relating to a matter connected with the carrying out of the functions of a water undertaker or sewerage undertaker , or with the carrying on by a person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under the person's licence , and is made by one Minister of the Crown or Government department to another; or

(b) if the disclosure is for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Secretary of State to discharge any functions which are specified in the order.

(7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and where such an order designates an authority for the purposes of paragraph (b) of that subsection, the order may—

(a) impose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; and

(b) otherwise restrict the circumstances in which disclosure is so permitted.

(8) in this section “the water consolidation Acts” means the Water Resources Act 1991, the Water Industry Act 1991, ... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.

(9) In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.

Making of false statements etc

175

(1) If any person, in furnishing any information or making any application under or for the purposes of any provision of this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(2) Proceedings for an offence under subsection (1) above shall not be instituted except by or with the consent of the Secretary of State, the Minister or the Director of Public Prosecutions.

Provision of supplementary information

176

Offences

Offences by bodies corporate

177

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Powers of entry etc.

Warrant to exercise power

178

Provisions supplementary to powers of entry etc

179

(1) This section applies to any power to which section 178 above applies and to any power conferred by virtue of that section.

(2) A person designated as the person who may exercise any power to which this section applies shall produce evidence of his designation and other authority before he exercises the power.

(3) A person authorised to enter any premises by virtue of any power to which this section applies shall be entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take with him on to the premises such other persons and such equipment as may be necessary.

(4) A person who enters any premises in the exercise of any power to which this section applies shall leave the premises as effectually secured against trespassers as he found them.

(5) Where any person exercises any power to which this section applies in relation to any premises, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of—

(a) the exercise by the designated person of that power or of any power to take any person or equipment with him when entering the premises; or

(b) the performance of, or failure of the designated person to perform, the duty imposed by subsection (4) above,

not being loss or damage which is attributable to the default of the person who sustained it or loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.

(6) Any dispute as to a person’s entitlement to compensation under subsection (5) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—

(a) by the President of the Lands Tribunal where the relevant authority is the Secretary of State or the Minister; and

(b) by the Secretary of State or the Minister, in any other case;

and any compensation required to be paid by the Secretary of State or the Minister under that subsection shall be paid out of money provided by Parliament.

(7) For the purposes of subsections (4) and (5) above a person enters any premises by virtue of a power to which this section applies notwithstanding that he has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with the requirement imposed by subsection (2) above or with any requirement to enter those premises at a reasonable time or after giving notice of his intended entry.

(8) A person who intentionally obstructs another person acting in the exercise of any power to which this section applies shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(9) In this section—

“premises”, in relation to a power which is conferred in relation to vessels (as well as in relation to premises), includes a vessel; and

“relevant authority”, in relation to a power to which this section applies, means the person who, by virtue of the provision by which the power is conferred or, as the case may be, the warrant, is entitled to designate the person by whom the power may be exercised.

Impersonation of persons exercising powers of entry

180

(1) A person who, without having been designated or authorised for the purpose by a relevant authority, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist or would not be exercisable even if that person had been designated or authorised by a relevant authority.

(3) In this section “relevant authority” means the Authority or any water undertaker or sewerage undertaker.

Local inquiries

181

(1) Subject to subsection (2) below, subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply to local inquiries under this Act as they apply to inquiries under that section.

(2) Subsection (4) of the said section 250 shall apply in accordance with subsection (1) above in relation to such local inquiries under this Act as are held with respect to any matter affecting the carrying out of any function of the Authority as if the reference to a local authority in that subsection included a reference to the Authority.

Judicial disqualification

182

No judge of any court or justice of the peace shall be disqualified from acting in relation to any proceedings to which the Authority or a water undertaker or sewerage undertaker is a party by reason only that he is or may become liable to pay a charge to the Authority or that undertaker in respect of any service that is not the subject-matter of the proceedings.

Financial provisions

General financial provisions

183

There shall be paid out of money provided by Parliament—

(a) any administrative expenses or charges incurred by any Minister of the Crown or Government department in consequence of the provisions of this Act; and

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

Government guarantees

184

(1) This section applies in relation to any guarantee given by the Secretary of State under section . . . 84(2) above . . ..

(2) Immediately after a guarantee to which this section applies is given, the guarantor shall lay a statement of the guarantee before each House of Parliament; and where any sum is paid out for fulfilling such a guarantee the guarantor shall, as soon as possible after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of the interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

(3) Any sums required by the Secretary of State . . . for fulfilling a guarantee to which this section applies shall be paid out of money provided by Parliament.

(4) . . . if any sums are paid out in fulfilment of a guarantee to which this section applies, the relevant person shall make to the guarantor, at such times and in such manner as the guarantor may from time to time direct—

(a) payments of such amounts as the guarantor may so direct in or towards repayment of the sums so paid out; and

(b) payments of interest, at such rate as the guarantor may so direct, on what is outstanding for the time being in respect of sums so paid out;

and the consent of the Treasury shall be required for the giving of a direction under this subsection.

(5) Any sums received by the Secretary of State . . . under subsection (4) above shall be paid into the Consolidated Fund.

(6) In subsection (4) above “the relevant person”, in relation to a guarantee, means the person who borrowed the sums in respect of which the guarantee was given.

Subordinate legislation

Powers to make regulations

185

(1) The powers of the Secretary of State, and those of the Minister, to make regulations under this Act shall be exercisable by statutory instrument subject . . . to annulment in pursuance of a resolution of either House of Parliament.

(2) The provisions of any regulations made by the Secretary of State or the Minister under this Act may include—

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

(b) provision which, in relation to the furnishing of any information or the making of any application under the regulations, makes provision corresponding to section 175 above;

(c) provision for anything falling to be determined under the regulations to be determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be prescribed;

(d) different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(e) such supplemental, consequential and transitional provision as the Secretary of State or the Minister considers appropriate.

Byelaws

186

Interpretation provisions

Interpretation of references to the service of documents

187

(1) Any document required or authorised by virtue of this Act to be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.

(4) Where under any provision of this Act any document is required to be served on the owner or on the occupier of any premises then—

(a) if the name or address of the owner or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; or

(b) in the case of service on the occupier, if the premises appear to be or are unoccupied,

that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

Interpretation of certain references to functions

188

General interpretation

189

(1) In this Act, except in so far as the context otherwise requires—

“the 1945 Act” means the Water Act 1945;

“the 1973 Act” means the Water Act 1973;

“accessories”, in relation to a water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984) unless it—

(a) is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; and

(b) is intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;

“analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;

“the Authority” means the National Rivers Authority;

“conservancy authority” means any person who has a duty or power by or under any enactment to conserve, maintain or improve the navigation of a tidal water, and is not a harbour authority or navigation authority;

“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;

“customer or potential customer”, in relation to a company holding an appointment under Chapter I of Part II of this Act, means—

(a) any person for or to whom that company provides any services in the course of carrying out the functions of a water undertaker or sewerage undertaker; or

(b) any person who might become such a person on making an application for the purpose to the company;

“damage”, in relation to individuals, includes personal injury and death;

“the Director” means the Director General of Water Services;

“disposal”—

(a) in relation to land or any interest or right in or over land, includes the creation of such an interest or right and a disposal effected by means of the surrender or other termination of any such interest or right; and

(b) in relation to sewage, includes treatment;

and cognate expressions shall be construed accordingly;

“domestic purposes”, except in relation to sewers, shall be construed in accordance with subsections (2) and (3) below;

“drain” has, subject to subsection (4) below, the same meaning as in the Public Health Act 1936;

“effluent” means any liquid, including particles of matter and other substances in suspension in the liquid;

“enactment” includes an enactment contained in this Act or in any Act passed after this Act;

“engineering or building operations”, without prejudice to the generality of that expression, includes—

(a) the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and

(b) the installation, modification or removal of any machinery or apparatus;

“financial year” means the twelve months ending with 31st March;

“functions”, in relation to the Authority or a water undertaker or sewerage undertaker, means the functions of the Authority or, as the case may be, of such an undertaker under or by virtue of any enactment and shall be construed subject to section 188 above;

“harbour authority” means a person who is a harbour authority within the meaning of the Prevention of Oil Pollution Act 1971 and is not a navigation authority;

“highway” has the same meaning as in the Highways Act 1980;

“holding company” has the same meaning as in the the Companies Acts (see section 1159 of the Companies Act 2006) ;

“house” means any building or part of a building which is occupied as a dwelling-house, whether or not a private dwelling-house, or which, if unoccupied, is likely to be so occupied;

“information” includes anything contained in any records, accounts, estimates or returns;

“inland waters”, except in Chapter I of Part III of this Act, has the same meaning as in the Water Resources Act 1963;

“limited company” means a company within the meaning of the Companies Act 1985 which is limited by shares;

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

“local statutory provision” means—

(a) a provision of a local Act (including an Act confirming a provisional order);

(b) a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;

(d) a provision of any other instrument which is in the nature of a local enactment;

“micro-organism” includes any microscopic biological entity which is capable of replication;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

“the Monopolies Commission” means the Monopolies and Mergers Commission;

“navigation authority” means any person who has powers under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

“notice” means notice in writing;

“owner”, in relation to any premises, means the person who—

(a) is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; or

(b) would receive the rack-rent if the premises were let at a rack-rent,

and cognate expressions shall be construed accordingly;

“prescribed” means prescribed by or determined under regulations made by the Secretary of State or, in relation to regulations made by the Minister, those regulations;

“protected land”, in relation to a company holding an appointment under Chapter I of Part II of this Act, means any land which, or any interest or right in or over which—

(a) was transferred to that company in accordance with a scheme under Schedule 2 to this Act or, where that company is a statutory water company, is or was held by that company at any time during the financial year current on the transfer date;

(b) is or has at any time on or after the transfer date been held by that company for purposes connected with the carrying out of its functions as a water undertaker or sewerage undertaker (including any functions which for the purposes for which section 188 above has effect are taken to be such functions by virtue of subsection (6) or (7) of that section); or

(c) has been transferred to that company in accordance with a scheme under Schedule 5 to this Act from another company in relation to which that land was protected land when the other company held an appointment under that Chapter;

“public authority” means any Minister of the Crown or government department, the Authority, any local authority or county council or any person certified by the Secretary of State to be a public authority for the purposes of this Act;

“public sewer” means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 or 5 to this Act or under section 153 above or otherwise, and “private sewer” shall be construed accordingly;

“records” includes computer records and any other records kept otherwise than in a document;

“service pipe” means, subject to subsection (4) below, so much of a pipe which is, or is to be, connected with a water main for supplying water from that main to any premises—

(a) as is or is to be subject to water pressure from that main; or

(b) as would be so subject but for the closing of some valve,

and includes part of any service pipe;

“services” includes facilities;

“sewer” has, subject to subsection (4) below, the same meaning as in the Public Health Act 1936;

“sewerage services” includes the disposal of sewage and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions;

“sewerage undertaker” shall be construed in accordance with section 11 above;

“statutory water company” means any company which is a statutory water company for the purposes of the 1973 Act immediately before the transfer date;

“stopcock” includes any box or pit in which a stopcock is enclosed and the cover to any such box or pit;

“street” has, subject to subsection (5) below, the same meaning as in the Public Utilities Street Works Act 1950;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978;

“subsidiary” has the same meaning as in the Companies Act 1985;

“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;

“successor company” means a company nominated in accordance with section 4 above as the successor company of a water authority and, in relation to any water authority, means the company so nominated in relation to that authority;

“supply of water in bulk” means a supply of water for distribution by a water undertaker taking the supply;

“surface water” includes water from roofs;

“transfer date” means the day appointed as the transfer date in accordance with section 4 above;

“trunk main” means a water main which is or is to be used by a water undertaker for the purpose of—

(a) conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir; or

(b) conveying water in bulk, whether in the course of taking a supply of water in bulk or otherwise, between different places outside the area of the undertaker, from such a place to any part of that area or from one part of that area to another part of that area;

“underground strata” means strata subjacent to the surface of any land;

“vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968;

“water authority” means an authority established in accordance with section 2 of the 1973 Act;

“water main” means, subject to subsection (4) below, any pipe, not being a pipe for the time being vested in a person other than the undertaker, which is used or to be used by a water undertaker for the purpose of making a general supply of water available to customers or potential customers of the undertaker, as distinct from for the purpose of providing a supply to particular customers;

“water undertaker” shall be construed in accordance with section 11 above;

“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 Authority or a water undertaker or are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises.

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

(6) A company shall be regarded for the purposes of this Act as wholly owned by the Crown at any time when each of the issued shares is held by, or by a nominee of, the Treasury, the Secretary of State or another company which is wholly owned by the Crown.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.