Water Act 1989

• (1) In subsection (1) of section 18 of the Building Act 1984 (building over a sewer etc.), for the words in paragraph (b) from “sewer or drain” to “sewers” there shall be substituted the words “drain, sewer or disposal main that is shown on any map of sewers or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main”.

• (2) In subsection (2) of that section (notification to water authority)—

• (a) for the words in paragraph (b) from “a water” to “sewers” there shall be substituted the words “a drain, sewer or disposal main that is shown on any map of sewers and is vested in a sewerage undertaker or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main”; and

• (b) for the words “the water authority” there shall be substituted the words “the sewerage undertaker”.

• (3) For subsection (3) of that section (directions by water authority) there shall be substituted the following subsection—

(3) Subject to subsection (4) below, where a sewerage undertaker notifies a local authority of its requirements as to the manner in which the authority are to exercise their functions under subsection (1) above in relation to any case or description of cases affecting any of the undertaker’s drains, sewers or disposal mains and those requirements are reasonable, it shall be the duty of the council so to exercise those functions in accordance with those requirements.

• (4) In subsection (4) of that section (appeal to magistrates’ court), in paragraph (a) for the words “sewer or drain” there shall be substituted the words “drain, sewer or disposal main” and for paragraph (b) there shall be substituted the following paragraphs—

(b) whether the site on which or the manner in which it is proposed to erect a building or an extension of a building is such as would result in the building or extension interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main; or (c) whether, and if so on what conditions, a consent ought to be given by a local authority; or (d) whether, for the purposes of paragraph (c) above, any requirements notified to a local authority by a sewerage undertaker under subsection (3) above are reasonable,

.

• (5) In subsection (5) of that section (interpretation)—

• (a) before the definition of “drain” there shall be inserted the following definition—

“disposal main” has the same meaning as in paragraph 1 of Schedule 19 to the Water Act 1989;

• (b) for paragraph (a) of the definition of “map of sewers” there shall be substituted the following paragraph—

(a) any records kept by a sewerage undertaker under section 166 of the Water Act 1989 (sewer maps)

.

7

In section 60(4) of the said Act of 1984 (notice of contravention of provisions with respect to the use and ventilation of soil pipes), the words “or the water authority for the area” shall be omitted.

SCHEDULES 9—14

References to the Secretary of State

1

• (1) Subject to sub-paragraph (2) below, where—

• (a) a trade effluent notice with respect to discharges of any trade effluent to which section 74 of this Act applies is served on a sewerage undertaker under the 1937 Act by the owner or occupier of any trade premises; or

• (b) a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into any agreement under section 7 of that Act with respect to, or to any matter connected with, the reception or disposal of any such effluent,

it shall be the duty of the undertaker to refer to the Secretary of State the question whether the proposed operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

• (2) Where a trade effluent notice is served on a sewerage undertaker, the reference required to be made by virtue of sub-paragraph (1)(a) above shall be made before the end of the period of two months beginning with the day after service of the notice, but there shall be no obligation to make such a reference if, before the end of that period, there is a refusal by the sewerage undertaker to give any consent on the application contained in the notice.

• (3) If, on an appeal under section 3 of the 1937 Act, it appears to the Director—

• (a) that the case is one in which the sewerage undertaker in question is required to make a reference under sub-paragraph (1) above before giving a consent under that Act; and

• (b) that the undertaker has not made such a reference, whether because the case falls within sub-paragraph (2) above or otherwise,

the Director shall not be entitled to determine the appeal, otherwise than by upholding a refusal, except where he has himself referred the questions mentioned in sub-paragraph (1) above to the Secretary of State and has been sent a copy of the notice of the Secretary of State’s determination on the reference.

• (4) Every reference made under this paragraph shall be made in writing and shall be accompanied—

• (a) in the case of a reference by virtue of paragraph (a) of sub-paragraph (1) above or sub-paragraph (3) above, by a copy of the trade effluent notice in respect of which the reference is made; and

• (b) in the case of a reference by virtue of paragraph (b) of sub-paragraph (1) above, by a copy of the proposed agreement;

and it shall be the duty of a sewerage undertaker where a reference has been made under this paragraph not to give any consent or enter into any agreement with respect to the proposed operations until the Secretary of State serves notice on the sewerage undertaker of his determination on the reference.

• (5) It shall be the duty of a sewerage undertaker and of the Director, on making a reference under this paragraph, to serve a copy of the reference on the relevant person; and it shall also be the duty of the Director, on making such a reference, to serve a copy of the reference on the sewerage undertaker in question.

• (6) Where a reference is made to the Secretary of State by virtue of sub-paragraph (1)(a) above, the initial period for the purposes of section 3 of the 1937 Act shall not begin to run in relation to the trade effluent notice in respect of which the reference is made until the beginning of the day after the Secretary of State serves notice on the sewerage undertaker in question of his determination on the reference.

Reviews by the Secretary of State

2

• (1) Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under paragraph 3 below) either—

• (a) for the time being authorised by virtue of a consent under the 1937 Act to make discharges of any trade effluent to which section 74 of this Act applies from those premises into any public sewer of a sewerage undertaker; or

• (b) for the time being a party to any agreement under section 7 of that Act with respect to, or to any matter connected with, the reception or disposal of any such effluent,

the Secretary of State may review the question whether the authorised operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

• (2) Subject to sub-paragraph (3) below, the Secretary of State shall not review any question under this paragraph unless—

• (a) a period of more than two years has elapsed since the relevant time;

• (b) the consent, agreement or variation by virtue of which the authorised operations are carried out—

• (i) was given, entered into or made either before the transfer date or in contravention of paragraph 4 below; and

• (ii) has not previously been the subject-matter of a review;

or

• (c) there has since the relevant time been a contravention of any provision which was included in that consent, agreement or variation in compliance with a requirement of a notice under paragraph 3 below.

• (3) Sub-paragraph (2) above shall not apply if the review is carried out—

• (a) for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party; or

• (b) for the protection of public health or of flora and fauna dependent on an aquatic environment.

Determinations on a reference or review

3

• (1) On a reference or review under paragraph 1 or 2 above, it shall be the duty of the Secretary of State, before determining the questions which are the subject-matter of the reference or review—

• (a) to give an opportunity of making representations or objections to the Secretary of State to the sewerage undertaker in question and to the relevant person; and

• (b) to consider any representations or objections which are duly made to him with respect to those questions by that undertaker or by the relevant person and are not withdrawn.

• (2) On determining any question on a reference or review under paragraph 1 or 2 above, the Secretary of State shall serve notice on the sewerage undertaker in question and on the relevant person, stating, according to what has been determined—

• (a) that the proposed or authorised operations, or such of them as are specified in the notice, are to be prohibited; or

• (b) that those operations, or such of them as are so specified, are to be prohibited except in so far as they are carried out in accordance with conditions which consist in or include conditions so specified; or

• (c) that the Secretary of State has no objection to those operations and does not intend to impose any requirements as to the conditions on which they are carried out.

• (3) Without prejudice to paragraph 4 below, a notice under this paragraph, in addition to containing such provision as is specified in sub-paragraph (2) above, may do one or both of the following, that is to say—

• (a) vary or revoke the provisions of a previous notice with respect to the proposed or authorised operations; and

• (b) for the purpose of giving effect to any prohibition or other requirement contained in the notice, vary or revoke any actual or deemed consent under the 1937 Act or any agreement under section 7 of that Act.

• (4) The Secretary of State shall send a copy of every notice served under this paragraph to the Director.

Effect of determination

4

• (1) Where a notice under paragraph 3 above has been served on a sewerage undertaker, it shall be the duty of the undertaker and, in relation to that undertaker, of the Director so to exercise the powers to which this paragraph applies as to secure compliance with the provisions of the notice.

• (2) This paragraph applies to the following powers, that is to say—

• (a) in relation to a sewerage undertaker, any of its powers under section 2 of the 1937 Act (trade effluent consents) or section 60 of the 1961 Act (variation of conditions) and any power to enter into or vary an agreement under section 7 of the 1937 Act; and

• (b) in relation to the Director, any of his powers under the 1937 Act, Part V of the 1961 Act or section 43 of the Control of Pollution Act 1974.

• (3) Nothing in section 59 of the 1961 Act (conditions of consent) shall be construed as restricting the power of the Secretary of State, by virtue of sub-paragraph (2)(b) of paragraph 3 above, to specify such conditions as he considers appropriate in a notice under that paragraph or restricting the power of a sewerage undertaker, for the purpose of complying with this paragraph, to impose any condition specified in such a notice.

Enforcement

5

Any duty of a sewerage undertaker under this Schedule shall be enforceable under section 20 of this Act by the Secretary of State; but where an application is made to the Secretary of State under that section in respect of a failure by a sewerage undertaker to make a reference under paragraph 1 above, the Secretary of State may, instead of making an order under that section, proceed with the matter as if the application were the reference.

Compensation

6

• (1) Subject to sub-paragraph (2) below, the Secretary of State shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under paragraph 3 above containing the Secretary of State’s determination on a review which—

• (a) has been carried out by virtue of sub-paragraph (3)(b) of paragraph 2 above; and

• (b) but for the said sub-paragraph (3)(b), would have been prohibited by virtue of sub-paragraph (2) of that paragraph.

• (2) The Secretary of State shall not be required to pay any compensation under sub-paragraph (1) above if the determination in question is shown to have been given in consequence of—

• (a) a change of circumstances which could not reasonably have been foreseen at the relevant time; or

• (b) consideration by the Secretary of State of material information which was not reasonably available to him at that time.

• (3) Any compensation required to be paid by the Secretary of State under this paragraph shall be paid out of money provided by Parliament.

• (4) No person shall be entitled to any compensation under section 45 of the Control of Pollution Act 1974 (early variation of conditions) in respect of anything done in pursuance of paragraph 4 above.

Power of entry

7

Section 287 of the Public Health Act 1936 and section 10 of the 1937 Act (powers of entry) shall have effect in relation to the provisions of this Schedule as they have effect, in accordance with paragraph 3(7) of Schedule 8 to this Act, in relation to the 1937 Act but as if the designation required by virtue of paragraph 2(9)(a) of that Schedule were a designation by the Secretary of State.

Power to disclose information obtained under the 1937 Act

8

In section 68(1) of the 1961 Act (restriction on disclosure of information), the references in paragraphs (b) and (c) to the 1937 Act shall include references to this Schedule.

Interpretation

9

In this Schedule—

• “the 1937 Act” means the Public Health (Drainage of Trade Premises) Act 1937;

• “the 1961 Act” means the Public Health Act 1961;

• “the authorised operations”— in relation to a case in which there is a review by virtue of sub-paragraph (1)(a) of paragraph 2 above, means the discharges to which the review relates; and in relation to a case in which there is a review by virtue of sub-paragraph (1)(b) of that paragraph, means such operations for the purposes of, or in connection with, the reception and disposal of trade effluent as are carried out in pursuance of the agreement to which the review relates;

• “the proposed operations”— in relation to a case in which there is a reference by virtue of sub-paragraph (1)(a) or (3) of paragraph 1 above, means the discharges to which the reference relates; and in relation to a case in which there is a reference by virtue of sub-paragraph (1)(b) of that paragraph, means such operations for the purposes of, or in connection with, the reception and disposal of trade effluent as would be carried out in pursuance of the proposed agreement;

• “the relevant person”, in relation to a reference or review under paragraph 1 or 2 above, means the owner or occupier of the trade premises in question, according to whether the authorised or proposed operations to which the reference or review relates are operations by the owner or occupier or, as the case may be, to whether it is the owner or occupier who is proposing to be or is a party to the agreement to which the reference or review relates;

• “the relevant time”, in relation to a review of any consent or agreement, means the time or last time when notice of the Secretary of State’s determination, on a reference or review under paragraph 1 or 2 above of any question relating to that consent or agreement, was served on the owner or occupier of the trade premises in question;

• “trade effluent” and “trade premises” have the same meanings as in the 1937 Act.

SCHEDULE 10

Power of entry for installation etc. of meter

1

• (1) Subject to the following provisions of this paragraph, where—

• (a) any water undertaker or sewerage undertaker has fixed any charges in relation to any premises by reference to volume or has given notice of its intention of so fixing any charges within the period specified in the notice; and

• (b) there is either—

• (i) a service pipe which is connected with a water undertaker’s water main and by which a supply of water is or could be provided to those premises or to any building in which those premises are contained; or

• (ii) a drain or private sewer which connects those premises with a public sewer,

the water undertaker or, as the case may be, the sewerage undertaker shall have power to carry out any works specified in sub-paragraph (3) below; and any person designated in writing for the purpose by the undertaker may enter those premises, or any land occupied with those premises, for any of the purposes specified in sub-paragraph (4) below.

• (2) The power under sub-paragraph (1) to carry out works specified in sub-paragraph (3) below shall include power to carry out such works in a street; and the power conferred by virtue of sub-paragraph (1)(d) of paragraph 2 of Schedule 19 to this Act and sub-paragraphs (4) to (6), (8) and (9) of that paragraph and paragraph 3 of that Schedule shall apply in relation to the power conferred by this sub-paragraph as they apply in relation to the powers conferred by the said paragraph 2.

• (3) The works mentioned in sub-paragraphs (1) and (2) above are, in relation to any premises—

• (a) works consisting in the installation and connection of any meter for use in determining the amount of any charges which have been or may be fixed in relation to the premises;

• (b) where the premises comprise a house which is one of two or more houses to which the supply of water is wholly or partly by the same service pipe, works consisting in the installation and connection, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for that house;

• (c) works for the purpose of maintaining, repairing, disconnecting or removing—

• (i) any meter which has been installed for use in determining the amount of any charges which have been or may be fixed in relation to the premises; or

• (ii) any pipes or apparatus installed in the course of any works specified in this paragraph;

and

• (d) any other works appearing to the undertaker to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c) above, including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.

• (4) The purposes mentioned in sub-paragraph (1) above are—

• (a) the carrying out of any survey or tests for the purpose of determining—

• (i) whether the carrying out of any works by virtue of paragraph (a) or (b) of sub-paragraph (3) above is practicable;

• (ii) whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out; or

• (iii) how any works specified in that sub-paragraph should be carried out;

• (b) the carrying out of any works so specified;

• (c) the inspection, examination or testing of any meter which is on those premises or of any pipes or apparatus installed in the course of any works which were carried out for any purpose that is connected with the installation, connection, testing, maintenance or repair of any such meter;

• (d) the ascertainment from any meter of the volume of water supplied to, or of effluent discharged from, those premises.

• (5) A notice given for the purposes of sub-paragraph (1)(a) above may relate to particular premises or to any description of premises and shall be given—

• (a) by publishing the notice in the locality in which the premises to which it relates are situated in such a manner as the undertaker considers appropriate for bringing it to the attention of the persons likely to be affected by it; and

• (b) by serving a copy of the notice on the Secretary of State.

• (6) Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

• (7) Any works carried out by a water undertaker by virtue of the provisions of this paragraph shall be necessary works for the purposes of sections 45 to 51 of this Act; but nothing in this paragraph shall prevent the exercise by a water undertaker of its power by virtue of subsection (3)(b) of section 50 of this Act to impose a condition under subsection (1)(c) or (d) of section 43 of this Act in a case where it has, under the said section 50, required the provision of a separate service pipe to any premises.

Expenses of installation etc.

2

• (1) Subject to sub-paragraphs (2) and (3) and paragraph 3(6) below, where any meter to be used in determining the amount of any charges is installed by or at the request of any water undertaker or sewerage undertaker then, notwithstanding the provisions of any enactment not contained in this Schedule or of any agreement to the contrary between the undertaker and any other person, the undertaker shall bear—

• (a) the expenses of installing and connecting the meter;

• (b) any expenses incurred in maintaining, repairing, disconnecting or removing the meter in accordance with any requirements of the undertaker; and

• (c) any expenses incurred in carrying out any works for purposes connected with the installation and connection of the meter or with the maintenance, repair, disconnection or removal of the meter in accordance with any such requirements.

• (2) Sub-paragraph (1) above shall not require any water undertaker or sewerage undertaker to bear, or prevent any such undertaker from recovering from any other person—

• (a) any expenses incurred for the purpose of enabling a condition imposed under section 43(1)(c) or (d) of this Act to be satisfied;

• (b) any sums which it is entitled to recover in pursuance of any terms or conditions determined under section 46 of this Act;

• (c) any sums which it is entitled to recover from that person by virtue of section 50(3)(b) of this Act;

• (d) any expenses incurred in relation to a meter which is or is to be used in determining the amount of—

• (i) any charges which are to be paid in connection with the carrying out of a sewerage undertaker’s trade effluent functions; or

• (ii) any charges provision for which is contained in an agreement entered into in accordance with section 7 of the Public Health (Drainage of Trade Premises) Act 1937;

• (e) any expenses incurred in consequence of the exercise by the occupier of any premises of any option to be charged by the undertaker in relation to any premises by reference to volume rather than by reference to other matters,

except, in the case of expenses falling within paragraph (a) above, where the conditions could not have been imposed but for the exercise by the undertaker of its power by virtue of paragraph (a), (b), (d) or (e) of section 50(2) of this Act to require the provision of a separate service pipe to any premises.

• (3) The occupier of any premises where any water undertaker or sewerage undertaker installs or has installed a meter shall in all cases bear so much of the expenses referred to in sub-paragraph (1) above as is attributable to compliance with a request made by him in accordance with any regulations under section 78(2) of this Act for the positioning, in a place other than that reasonably proposed by the undertaker, either of the meter or of any pipe or apparatus installed for the purpose of facilitating the use of the meter.

• (4) Without prejudice to the preceding provisions of this paragraph or to section 179(5) of this Act, where a person authorised by any water undertaker or sewerage undertaker carries out any works by virtue of paragraph 1 above on any premises, the undertaker shall make good, or pay compensation for, any damage caused by that person or by any person accompanying him by or in connection with the carrying out of the works.

• (5) The reference in sub-paragraph (2) above to a sewerage undertaker’s trade effluent functions is a reference to its functions under the Public Health (Drainage of Trade Premises) Act 1937, Part V of the Public Health Act 1961 and sections 43 to 45 of the Control of Pollution Act 1974.

Offences of tampering with meters etc.

3

• (1) If any person—

• (a) so interferes with a meter used by any water undertaker or sewerage undertaker in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or

• (b) carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,

he 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 sub-paragraph (1) above in respect of anything done by him with the consent of the undertaker who uses the meter.

• (3) Where an application is made to any water undertaker or sewerage undertaker for a consent for the purposes of sub-paragraph (2) above, the undertaker—

• (a) shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and

• (b) may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision;

but on such an application the undertaker shall not refuse its consent, or impose any such condition as is mentioned in paragraph (b) above, unless it is reasonable to do so.

• (4) Where any water undertaker or sewerage undertaker has given a notice to any person imposing any such condition as is mentioned in sub-paragraph (3)(b) above, then, unless that person notifies the undertaker that the carrying out of the works to which the condition relates is no longer required, the undertaker—

• (a) shall carry out those works as soon as reasonably practicable after giving the notice; and

• (b) may recover from that person any expenses reasonably incurred by it in doing so.

• (5) Any person who sustains any loss or damage in consequence of any failure by any water undertaker or sewerage undertaker—

• (a) to comply with any obligation imposed on it by this paragraph; or

• (b) to exercise reasonable care in the performance of the duty imposed by sub-paragraph (4)(a) above,

shall be entitled to recover compensation from the undertaker.

• (6) A water undertaker or sewerage undertaker which carries out any works made necessary by the commission of an offence under sub-paragraph (1) above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.

Duty of undertakers to inform other undertakers of meter readings

4

• (1) Where—

• (a) different services are provided in relation to the same premises by different undertakers;

• (b) one of those undertakers has obtained a reading from a meter used in determining the amount of any charges fixed in relation to those premises;

• (c) the charges in relation to those premises of another of those undertakers are fixed by reference to any matter to which the reading is relevant; and

• (d) that other undertaker has agreed to bear a reasonable proportion of the expenses of obtaining the reading together with the reasonable expenses of the disclosure of the reading to it,

it shall be the duty of the undertaker who obtained the reading to disclose the reading to the other undertaker.

• (2) The duties of an undertaker under this paragraph shall be enforceable under section 20 of this Act by the Secretary of State.

• (3) In this paragraph “undertaker” means a water undertaker or sewerage undertaker.

Arbitration

5

Any dispute between a water undertaker or sewerage undertaker and any other person (including another such undertaker)—

• (a) as to the exercise of any power under paragraph 1 above to carry out any works on any premises;

• (b) as to whether the undertaker or that other person should bear any expenses under paragraph 2 or 3 above;

• (c) as to the terms to be contained in any agreement for the purposes of paragraph 4(1)(d) above;

• (d) as to whether the undertaker should pay any compensation under paragraph 2 or 3 above; or

• (e) as to the amount of any expenses to be borne by any person under paragraph 2 or 3 above or under any such agreement or as to the amount of any such compensation,

shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.

Interpretation

6

• (1) In this Schedule “meter” means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises.

• (2) In this Schedule any reference to the fixing of charges in relation to any premises by reference to volume is a reference to the fixing of those charges by reference to the volume of water supplied to those premises, to the volume of effluent discharged from those premises, to both of those factors or to one or both of those factors taken together with other factors.

SCHEDULE 11

Part I — Applications by the Authority for Designation Orders

Orders made only on application

1

• (1) Subject to sub-paragraphs (2) and (3) below, the relevant Minister shall not make an order under section 112 of this Act by virtue of which any land is designated as a nitrate sensitive area, except with the consent of the Treasury and on an application which—

• (a) has been made by the Authority in accordance with paragraph 2 below; and

• (b) by virtue of sub-paragraph (2)(a) of that paragraph identifies the controlled waters with respect to which that land is so comprised by the order.

• (2) This paragraph shall not apply to an order which reproduces or amends an existing order without adding any land appearing to the relevant Minister to constitute a significant area to the land already comprised in the areas for the time being designated as nitrate sensitive areas.

• (3) An application by the Authority shall not be required by virtue of this paragraph in the case of any order made before the end of the period of six months beginning with the transfer date.

Procedure for applications

2

• (1) The Authority shall not for the purposes of paragraph 1 above apply for the making of any order under section 112 of this Act by which any land would be comprised in the areas for the time being designated as nitrate sensitive areas unless it appears to the Authority—

• (a) that pollution is or is likely to be caused by the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of particular land in England and Wales for agricultural purposes; and

• (b) that the provisions for the time being in force in relation to those waters and that land are not sufficient, in the opinion of the Authority, for preventing or controlling such an entry of nitrate into those waters.

• (2) An application under this paragraph shall identify—

• (a) the controlled waters appearing to the Authority to be waters which the nitrate is or is likely to enter; and

• (b) the land appearing to the Authority to be the land the use of which for agricultural purposes, or the doing of anything in connection with whose use for agricultural purposes, is resulting or is likely to result in the entry of nitrate into those waters.

• (3) An application under this paragraph shall be made—

• (a) where the land identified in the application is wholly in Wales, by serving a notice containing the application on the Secretary of State; and

• (b) in any other case, by serving such a notice on the Secretary of State and on the Minister.

Part II — Orders Containing Mandatory Provisions etc.

Publication of proposal for order containing mandatory provisions

3

• (1) This paragraph applies where the relevant Minister proposes to make an order under section 112 of this Act which—

• (a) makes or modifies any such provision as is authorised by subsection (4)(a) of that section; and

• (b) in doing so, contains provision which is not of one of the following descriptions, that is to say—

• (i) provision reproducing existing provisions without modification and in relation to substantially the same area; and

• (ii) provision modifying any existing provisions so as to make them less onerous.

• (2) The relevant Minister shall, before making any such order as is mentioned in sub-paragraph (1) above—

• (a) publish a notice with respect to the proposed order, at least once in each of two successive weeks, in one or more newspapers circulating in the locality in relation to which the proposed order will have effect;

• (b) not later than the date on which that notice is first published, serve a copy of the notice on—

• (i) the Authority;

• (ii) every local authority and water undertaker whose area includes the whole or any part of that locality; and

• (iii) in the case of an order containing any such provision as is authorised by section 112(4)(b) of this Act, such owners and occupiers of agricultural land in that locality as appear to the relevant Minister to be likely to be affected by the obligations in respect of which payments are to be made under that provision;

and

• (c) publish a notice in the London Gazette which—

• (i) names every local authority on whom a notice is required to be served under this paragraph;

• (ii) specifies a place where a copy of the proposed order and of any relevant map or plan may be inspected; and

• (iii) gives the name of every newspaper in which the notice required by virtue of paragraph (a) above was published and the date of an issue containing the notice.

• (3) The notice required by virtue of sub-paragraph (2)(a) above to be published with respect to any proposed order shall—

• (a) state the general effect of the proposed order;

• (b) specify a place where a copy of the proposed order, and of any relevant map or plan, may be inspected by any person free of charge at all reasonable times during the period of forty-two days beginning with the date of the first publication of the notice; and

• (c) state that any person may, within that period, by notice to the Secretary of State or, as the case may be, to the Secretary of State or the Minister object to the making of the order.

Supply of copies of proposed orders

4

The Secretary of State and, in a case where he is proposing to join in making the order, the Minister shall, at the request of any person and on payment by that person of such charge (if any) as the Secretary of State or the Minister may reasonably require, furnish that person with a copy of any proposed order of which notice has been published under paragraph 3 above.

Modifications of proposals

5

• (1) Where notices with respect to any proposed order have been published and served in accordance with paragraph 3 above and the period of forty-two days mentioned in sub-paragraph (3)(b) of that paragraph has expired, the relevant Minister may make the order either in the proposed terms or, subject to sub-paragraph (2) below (but without any further compliance with paragraph 3 above), in those terms as modified in such manner as he thinks fit, or may decide not to make any order.

• (2) The relevant Minister shall not make such a modification of a proposed order of which notice has been so published and served as he considers is likely adversely to affect any persons unless he has given such notices as he considers appropriate for enabling those persons to object to the modification.

• (3) Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the relevant Minister include any modification of the area designated by the proposed order as a nitrate sensitive area.

• (4) For the purposes of this Schedule it shall be immaterial, in a case in which a modification such as is mentioned in sub-paragraph (3) above incorporates land in England in an area which (but for the modification) would have been wholly in Wales, that any requirements of paragraph 3 above in relation to the proposed order have been complied with by the Secretary of State, rather than by the Secretary of State and the Minister.

Consideration of objections etc.

6

Without prejudice to section 120 of this Act, where notices with respect to any proposed order have been published and served in accordance with paragraph 3 above, the Secretary of State or, as the case may be, the Secretary of State and the Minister may, if he or they consider it appropriate to do so, hold a local inquiry before deciding whether or not to make the proposed order or to make it with modifications.

Consent of Treasury for payment provisions

7

The consent of the Treasury shall be required for the making of any order under section 112 of this Act the making of which does not require the consent of the Treasury by virtue of paragraph 1 above but which contains any such provision as is authorised by subsection (4)(b) of that section.

SCHEDULE 12

Applications for consents

1

• (1) An application for a consent for the purposes of section 108(1)(a) of this Act for any discharges shall be made to the Authority; and such an application shall be accompanied or supplemented by all such information as the Authority may reasonably require.

• (2) An application made in accordance with this paragraph which relates to proposed discharges at two or more places may be treated by the Authority as separate applications for consents for discharges at each of those places.

• (3) Where an application is made in accordance with this paragraph the Authority shall—

• (a) publish notice of the application, at least once in each of two successive weeks, in a newspaper or newspapers circulating in—

• (i) the locality or localities in which the places are situated at which it is proposed in the application that the discharges should be made; and

• (ii) the locality or localities appearing to the Authority to be in the vicinity of any controlled waters which the Authority considers likely to be affected by the proposed discharges;

• (b) publish a copy of that notice in an edition of the London Gazette published no earlier than the day after the publication of the last of the notices to be published by virtue of paragraph (a) above;

• (c) send a copy of the application to every local authority or water undertaker within whose area any of the proposed discharges is to occur;

• (d) in the case of an application which relates to proposed discharges into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters, serve a copy of the application on the Secretary of State and on the Minister.

• (4) The Authority shall be entitled, on an application made in accordance with this paragraph, to disregard the provisions of paragraphs (a) to (c) of sub-paragraph (3) above if it proposes to give the consent applied for and considers that the discharges in question will have no appreciable effect on the waters into which it is proposed that they should be made.

• (5) It shall be the duty of the Authority to consider any written representations or objections with respect to an application under this paragraph which are made to it in the period of six weeks beginning with the day of the publication of notice of the application in the London Gazette and are not withdrawn.

• (6) Where notice of an application under this paragraph is published by the Authority under sub-paragraph (3) above, the Authority shall be entitled to recover the expenses of publication from the applicant.

• (7) If a person who proposes to make or has made an application under this paragraph (“the relevant application”)—

• (a) applies to the Secretary of State within the prescribed period for a certificate providing that the provisions of sub-paragraph (3) above and of section 117(1) of this Act shall not apply to—

• (i) the relevant application;

• (ii) any consent given or conditions imposed on the relevant application;

• (iii) any sample of effluent taken from a discharge for which consent is given on the relevant application; or

• (iv) information produced by analysis of such a sample;

and

• (b) satisfies the Secretary of State that it would be contrary to the public interest or would prejudice, to an unreasonable degree, some private interest, by disclosing information about a trade secret, if a certificate were not issued under this paragraph,

the Secretary of State may issue a certificate to that person providing that those provisions shall not apply to such of the things mentioned in paragraph (a) above as are specified in the certificate.

Consents on applications under paragraph 1

2

• (1) On an application under paragraph 1 above the Authority shall be under a duty, if the requirements of that paragraph are complied with, to consider whether to give the consent applied for, either unconditionally or subject to conditions, or to refuse it.

• (2) Subject to paragraph 3(5) below, on an application made in accordance with paragraph 1 above, the consent applied for shall be deemed to have been refused if it is not given within the period of four months beginning with the day on which the application is received or within such longer period as may be agreed in writing between the Authority and the applicant.

• (3) The conditions subject to which a consent may be given under this paragraph shall be such conditions as the Authority may think fit and, in particular, may include conditions—

• (a) as to the places at which the discharges to which the consent relates may be made and as to the design and construction of any outlets for the discharges;

• (b) as to the nature, origin, composition, temperature, volume and rate of the discharges and as to the periods during which the discharges may be made;

• (c) as to the steps to be taken, in relation to the discharges or by way of subjecting any substance likely to affect the description of matter discharged to treatment or any other process, for minimising the polluting effects of the discharges on any controlled waters;

• (d) as to the provision of facilities for taking samples of the matter discharged and, in particular, as to the provision, maintenance and use of manholes, inspection chambers, observation wells and boreholes in connection with the discharges;

• (e) as to the provision, maintenance and testing of meters for measuring or recording the volume and rate of the discharges and apparatus for determining the nature, composition and temperature of the discharges;

• (f) as to the keeping of records of the nature, origin, composition, temperature, volume and rate of the discharges and, in particular, of records of readings of meters and other recording apparatus provided in accordance with any other condition attached to the consent; and

• (g) as to the making of returns and the giving of other information to the Authority about the nature, origin, composition, temperature, volume and rate of the discharges;

and it is hereby declared that a consent may be given under this paragraph subject to different conditions in respect of different periods.

• (4) A consent for any discharges which is given under this paragraph is not limited to discharges by a particular person and, accordingly, extends to discharges which are made by any person.

Notification of proposal to give consent

3

• (1) This paragraph applies where the Authority proposes to give its consent under paragraph 2 above on an application in respect of which such representations or objections as the Authority is required to consider under paragraph 1(5) above have been made.

• (2) It shall be the duty of the Authority to serve notice of the proposal on every person who made any such representations or objection; and any such notice shall include a statement of the effect of sub-paragraph (3) below.

• (3) Any person who made any such representations or objection may, within the period of twenty-one days beginning with the day on which the notice of the proposal is served on him, in the prescribed manner request the Secretary of State to give a direction under paragraph 4(1) below in respect of the application.

• (4) It shall be the duty of the Authority not to give its consent on the application before the end of the period of twenty-one days mentioned in sub-paragraph (3) above and, if within that period—

• (a) a request is made under sub-paragraph (3) above in respect of the application; and

• (b) the person who makes that request serves notice of it on the Authority,

the Authority shall not give its consent on the application unless the Secretary of State has served notice on the Authority stating that he declines to comply with the request.

• (5) Any period during which the Authority is prohibited by virtue of sub-paragraph (4) above from giving its consent on the application shall be disregarded in determining whether the application is deemed to have been refused under paragraph 2(2) above.

Reference to Secretary of State of certain applications for consent

4

• (1) The Secretary of State may, either in consequence of representations or objections made to him or otherwise, direct the Authority to transmit to him for determination such applications for consent under paragraph 1 above as are specified in the direction or are of a description so specified.

• (2) Where a direction is given to the Authority under this paragraph, the Authority shall comply with the direction and inform every applicant to whose application the direction relates of the transmission of his application to the Secretary of State.

• (3) Paragraph 1(3) to (6) above shall have effect in relation to an application transmitted to the Secretary of State under this paragraph with such modifications as may be prescribed.

• (4) Where an application is transmitted to the Secretary of State under this paragraph, the Secretary of State may at any time after the application is transmitted and before it is granted or refused—

• (a) cause a local inquiry to be held with respect to the application; or

• (b) afford the applicant and the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (5) The Secretary of State shall exercise his power under sub-paragraph (4) above in any case where a request to be heard with respect to the application is made to him in the prescribed manner by the applicant or by the Authority.

• (6) Where under this paragraph the Secretary of State affords to an applicant and the Authority an opportunity of appearing before, and being heard by, a person appointed for the purpose, it shall be the duty of the Secretary of State to afford an opportunity of appearing before, and being heard by, that person to every person who has made any representations or objection to the Secretary of State with respect to the application in question.

• (7) It shall be the duty of the Secretary of State, if the requirements of this paragraph and of any regulations made under it are complied with, to determine an application for consent transmitted to him by the Authority under this paragraph by directing the Authority to refuse its consent or to give its consent under paragraph 2 above (either unconditionally or subject to such conditions as are specified in the direction); and the Authority shall comply with any direction under this sub-paragraph.

• (8) In complying with a direction under sub-paragraph (7) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 above.

• (9) Without prejudice to any of the preceding provisions of this paragraph, the Secretary of State may by regulations make provision for the purposes of, and in connection with, the consideration and disposal by him of applications transmitted to him under this paragraph.

Consents without applications

5

• (1) If it appears to the Authority—

• (a) that a person has caused or permitted effluent or other matter to be discharged in contravention of any relevant prohibition under section 107 of this Act or of the obligation imposed by virtue of subsection (1)(c) of that section; and

• (b) that a similar contravention by that person is likely,

the Authority may, if it thinks fit, serve on him an instrument in writing giving its consent, subject to any conditions specified in the instrument, for discharges of a description so specified.

• (2) A consent given under this paragraph shall not relate to any discharge which occurred before the instrument containing the consent was served on the recipient of the instrument.

• (3) Sub-paragraphs (3) and (4) of paragraph 2 above shall have effect in relation to a consent given under this paragraph as they have effect in relation to a consent given under that paragraph.

• (4) Where a consent has been given under this paragraph, the Authority shall, as soon as practicable after giving it—

• (a) publish notice of the consent, at least once in each of two successive weeks, in a newspaper or newspapers circulating in—

• (i) the locality or localities in which the places are situated at which discharges may be made in pursuance of the consent; and

• (ii) the locality or localities appearing to the Authority to be in the vicinity of any controlled waters which it considers likely to be affected by the discharges;

• (b) publish a copy of that notice in an edition of the London Gazette published no earlier than the day after the publication of the last of the notices to be published by virtue of paragraph (a) above;

• (c) send a copy of the instrument containing the consent to every local authority within whose area any of the discharges authorised by the consent may occur;

• (d) in the case of a consent which relates to discharges into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters, serve a copy of the instrument containing the consent on the Secretary of State and on the Minister.

• (5) It shall be the duty of the Authority to consider any written representations or objections with respect to a consent under this paragraph which are made to it in the period of six weeks beginning with the day of the publication of notice of the consent in the London Gazette and are not withdrawn.

• (6) Where notice of a consent is published by the Authority under sub-paragraph (4) above, the Authority shall be entitled to recover the expenses of publication from the person on whom the instrument containing the consent was served.

Revocation of consents and alteration and imposition of conditions

6

• (1) It shall be the duty of the Authority to review from time to time the consents given under paragraphs 2 and 5 above and the conditions (if any) to which the consents are subject.

• (2) Subject to such restrictions on the exercise of the power conferred by this sub-paragraph as are imposed under paragraph 7 below, where the Authority has reviewed a consent under this paragraph, it may by a notice served on the person making a discharge in pursuance of the consent—

• (a) revoke the consent;

• (b) make modifications of the conditions of the consent; or

• (c) in the case of an unconditional consent, provide that it shall be subject to such conditions as may be specified in the notice.

• (3) If on a review under sub-paragraph (1) above it appears to the Authority that no discharge has been made in pursuance of the consent to which the review relates at any time during the preceding twelve months, the Authority may revoke the consent by a notice served on the owner or occupier of the land from which discharges would be made in pursuance of the consent.

• (4) If it appears to the Secretary of State appropriate to do so—

• (a) for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party;

• (b) for the protection of public health or of flora and fauna dependent on an aquatic environment; or

• (c) in consequence of any representations or objections made to him or otherwise,

he may, subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 7 below, at any time direct the Authority, in relation to a consent given under paragraph 2 or 5 above, to do anything mentioned in sub-paragraph (2)(a) to (c) above; and the Authority shall comply with any such direction.

• (5) The Authority shall be liable to pay compensation to any person in respect of any loss or damage sustained by that person as a result of the Authority’s compliance with a direction given in relation to any consent by virtue of sub-paragraph (4)(b) above if—

• (a) in complying with that direction the Authority does anything which, apart from that direction, it would be precluded from doing by a restriction imposed under paragraph 7 below; and

• (b) the direction is not shown to have been given in consequence of—

• (i) a change of circumstances which could not reasonably have been foreseen at the beginning of the period to which the restriction relates; or

• (ii) consideration by the Secretary of State of material information which was not reasonably available to the Authority at the beginning of that period.

• (6) For the purposes of sub-paragraph (5) above information is material, in relation to a consent, if it relates to any discharge made or to be made by virtue of the consent, to the interaction of any such discharge with any other discharge or to the combined effect of the matter discharged and any other matter.

Restriction on variation and revocation of consent and previous variation

7

• (1) Each instrument signifying the consent of the Authority under paragraph 2 or 5 above shall specify a period during which no notice by virtue of paragraph 6(2) or (4)(c) above shall be served in respect of the consent.

• (2) Each notice served by the Authority by virtue of paragraph 6(2) or (4)(c) above (except a notice which only revokes a consent) shall specify a period during which a subsequent such notice which alters the effect of the first-mentioned notice shall not be served.

• (3) The period specified under sub-paragraph (1) or (2) above in relation to any consent shall not, unless the person who proposes to make or makes discharges in pursuance of the consent otherwise agrees, be less than the period of two years beginning—

• (a) in the case of a period specified under sub-paragraph (1) above, with the day on which the consent takes effect; and

• (b) in the case of a period specified under sub-paragraph (2) above, with the day on which the notice specifying that period is served.

• (4) A restriction imposed under sub-paragraph (1) or (2) above shall not prevent the service by the Authority of a notice by virtue of paragraph 6(2) or (4)(c) above in respect of a consent given under paragraph 5 above if—

• (a) the notice is served not more than three months after the beginning of the period specified in paragraph 5(5) above for the making of representations and objections with respect to the consent; and

• (b) the Authority or, as the case may be, the Secretary of State considers, in consequence of any representations or objections received by it or him within that period, that it is appropriate for the notice to be served.

Appeals

8

• (1) This paragraph applies where the Authority has, otherwise than in pursuance of a direction of the Secretary of State—

• (a) refused a consent under paragraph 2 above for any discharges;

• (b) in giving a consent under paragraph 2 or 5 above for any discharges or description of discharges, made that consent subject to conditions;

• (c) revoked a consent under paragraph 2 or 5 above for any discharges or description of discharges, modified the conditions of any such consent or provided that any such consent which was unconditional shall be subject to conditions;

• (d) for the purposes of paragraph 7(1) or (2) above, specified a period in relation to a consent under paragraph 2 or 5 above without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent;

• (e) refused a consent for the purposes of section 108(5)(a) of this Act for any deposit;

• (f) refused a consent for the purposes of section 109 of this Act for the doing of anything by any person or, in giving any such consent, made that consent subject to conditions.

• (2) The person, if any, who applied for the consent in question, or any person whose deposits, discharges or other conduct is or would be authorised by the consent may appeal against the decision to the Secretary of State.

• (3) The Secretary of State may by regulations provide for the conduct and disposal of appeals under this paragraph; and, without prejudice to the generality of the power conferred by this sub-paragraph, regulations under this sub-paragraph may, with prescribed modifications, apply any provision of paragraphs 1(3) to (6) above and 4(4) to (6) above in relation to appeals under this paragraph.

• (4) If, on an appeal under this paragraph, the Secretary of State is of the opinion that the decision of the Authority should be modified or reversed, he may give the Authority such directions as he thinks appropriate for requiring it—

• (a) to give a consent, either unconditionally or, in the case of a consent under paragraph 2 or 5 above or a consent under section 109 of this Act, subject to such conditions as may be specified in the direction;

• (b) to modify the conditions of any consent under paragraph 2 or 5 above or section 109 of this Act or to provide that any consent under the said paragraph 2 or 5 which is unconditional shall be subject to such conditions as may be specified in the direction;

• (c) to modify in accordance with the direction any provision specifying a period for the purposes of paragraph 7 above;

and the Authority shall comply with any such direction.

• (5) In complying with a direction under sub-paragraph (4) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 above.

• (6) Nothing in any direction under sub-paragraph (4) above or in anything done in pursuance of any such direction shall be taken to affect the lawfulness or validity of anything which was done—

• (a) in pursuance of any decision of the Authority which is to be modified or reversed under the direction; and

• (b) before the direction is complied with.

Charges in respect of applications and consents

9

• (1) Where—

• (a) an application is made to the Authority for a consent for the purposes of section 108(1)(a) or (5)(a) or 109 of this Act;

• (b) the Authority gives a consent under paragraph 5 above or a consent for the purposes of section 108(5)(a) or 109 of this Act; or

• (c) a consent for the purposes of section 108(1)(a) or (5)(a) or 109 of this Act is for the time being in force,

the Authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this paragraph.

• (2) The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this paragraph shall be—

• (a) in the case of a charge by virtue of sub-paragraph (1)(a) above, the person who makes the application;

• (b) in the case of a charge by virtue of sub-paragraph (1)(b) above, any person who is authorised to do anything by virtue of the consent and on whom the instrument giving the consent is served; and

• (c) in the case of a charge by virtue of sub-paragraph (1)(c) above, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates;

and provision made by a scheme for the purposes of paragraph (c) above may impose a single charge in respect of the whole period for which the consent is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges.

• (3) The Authority shall not make a scheme under this paragraph unless its provisions have been approved by the Secretary of State; and the consent of the Treasury shall be required for the giving of such an approval.

• (4) Before submitting a scheme under this paragraph to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, publish a notice setting out its proposals and specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State.

• (5) Where any proposed scheme has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications—

• (a) to consider any representations or objections duly made to him and not withdrawn; and

• (b) to have regard to the matters specified in sub-paragraph (6) below.

• (6) The matters mentioned in sub-paragraph (5) above are—

• (a) the desirability of ensuring that the amount recovered by the Authority by way of charges fixed by or under schemes under this paragraph does not exceed, taking one year with another, such amount as appears to the Secretary of State to be reasonably attributable to the expenses incurred by the Authority in carrying out its functions under this Schedule and otherwise in relation to discharges into controlled waters; and

• (b) the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under the scheme.

• (7) A scheme under this paragraph may—

• (a) make provision with respect to the times and methods of payment of the charges which are required to be paid by virtue of the scheme;

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

• (c) contain supplemental, consequential and transitional provision for the purposes of the scheme;

and such a scheme may revoke or amend a previous scheme under this paragraph.

• (8) It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this paragraph which is for the time being in force to the attention of persons likely to be affected by them.

SCHEDULES 18—21

General

1

• (1) Subject to the following provisions of this Schedule and to any repeal made by this Act, in the Water Resources Act 1963 (in this Schedule referred to as “the 1963 Act”) and in any subordinate legislation made under that Act, for any reference (however framed) to any one or more water authorities and for any reference which falls to be construed as such a reference there shall be substituted a reference to the Authority.

• (2) Sub-paragraph (1) above does not apply to section 19 of the 1963 Act (which is amended, instead, by section 127 of this Act).

• (3) It is hereby declared that the amendments made by paragraphs 23(2), 25 and 32(11) below have effect in place of any provision which has effect immediately before the transfer date under the Ministers of the Crown Act 1975 for determining the Minister or Ministers by whom functions under that Act are exercisable and which makes different provision according to the water authority in relation to which the functions are exercised.

Section 2(1) of the 1963 Act

2

For subsection (1) of section 2 of the 1963 Act (meaning of “water resources” and “source of supply”) there shall be substituted the following subsection—

(1) In this Act “source of supply” means any inland water, other than one falling within subsection (3) of this section, or any underground strata in which water is or at any time may be contained.

Section 17 of the 1963 Act

3

In section 17 of the 1963 Act (gauges and records kept by certain persons), in subsection (1), for the words from “on or after” to “other than”, in the second place where they occur, there shall be substituted the words “to install a gauge for measuring and recording the flow, level or volume of any inland water, other than”.

Section 22 of the 1963 Act

4

In section 22 of the 1963 Act (measurement of volume instead of or in addition to flow), for the references in subsections (1) and (2) to sections 19 and 20 of that Act there shall be substituted references to section 19 of that Act.

Section 23 of the 1963 Act

5

In section 23(1) of the 1963 Act (general restrictions), for the words from “as from” to “or cause” there shall be substituted the words “no person shall abstract from any source of supply or cause”.

Section 24 of the 1963 Act

6

• (1) In subsection (1) of section 24 of the 1963 Act (exceptions from general restrictions), for the words “one thousand gallons”, in each place where they occur, there shall be substituted the words “five cubic metres”.

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

(1A) The restriction imposed by subsection (1) of the last preceding section does not apply to any abstraction of a quantity of water not exceeding twenty cubic metres if the abstraction is with the consent of the National Rivers Authority and does not form part of a continuous operation, or of a series of operations, whereby in the aggregate more than twenty cubic metres of water are abstracted.

• (3) In subsection (2) of that section (exception for abstraction for domestic purposes or agricultural purposes), after paragraph (b) there shall be inserted the words—

unless the abstraction is such that the quantity of water abstracted from that inland water by or on behalf of the occupier by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.

• (4) In subsection (3) of that section (exception for abstraction from underground strata for domestic purposes), at the end there shall be inserted the words—

unless the abstraction is such that the quantity of water abstracted from the strata by or on behalf of that individual by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.

• (5) Sub-paragraphs (3) and (4) above shall not have effect until the end of the period of twelve months beginning with the transfer date.

Section 25 of the 1963 Act

7

• (1) In subsection (1) of section 25 of the 1963 Act (power to apply to the Minister for an order excepting a source of supply from restrictions), for the words from “in a” to “from” there shall be substituted the word “from”.

• (2) In subsection (6) of that section (application of Schedule 7 to the 1963 Act to that section), in paragraph (a) for the words from “unless” to “shall be” there shall be substituted the words “shall be”.

• (3) In subsection (7) of that section (directions of Minister relating to draft order), for the words before paragraph (a) there shall be substituted the words “If, in the case of a source of supply—”.

Section 28 of the 1963 Act

8

• (1) In subsection (1) of section 28 of the 1963 Act (publication of application for a licence)—

• (a) in paragraph (b), after the word “served” there shall be inserted the words “on any water undertaker within whose area any proposed point of abstraction is situated,”; and

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

and (c) where the licence applied for is for abstraction from underground strata, that a copy of the notice has, not later than the date mentioned in the preceding paragraph, been served on any water undertaker within whose area any proposed point of abstraction is situated.

• (2) After subsection (3) of that section there shall be inserted the following subsection—

(3A) Where— (a) an application for a licence under this Act to abstract water is made to the National Rivers Authority; and (b) the application proposes that the quantity of water abstracted in pursuance of the licence should not in any period of twenty-four hours exceed, in aggregate, twenty cubic metres or any lesser amount specified in the application, the Authority may dispense with the requirements imposed by virtue of the preceding provisions of this section if and to the extent that it appears to the Authority appropriate to do so.

Section 29 of the 1963 Act

9

• (1) In subsection (2) of section 29 of the 1963 Act (licence not to be granted in derogation of protected rights), at the end there shall be inserted the words “except with the consent of the person entitled to those rights.”

• (2) In subsection (6) of that section (duty to have regard to minimum acceptable flow), after the word “secure” there shall be inserted the words “(or, as the case may be, secure in relation to the different times or periods for which the flow is determined)”.

Section 30(3) of the 1963 Act

10

In section 30(3) of the 1963 Act (matters to be specified in licence), for the words from “or to” to “undertakers”, in the second place where it occurs, there shall be substituted the words “to a water undertaker or sewerage undertaker or to any person (not being a water undertaker) who proposes to abstract the water for the purpose of supplying it to others”.

Section 32 of the 1963 Act

11

In subsection (2) of section 32 of the 1963 Act (notification of succession to licence), except in relation to a person who, under that subsection, has ceased more than one month before the transfer date to be the holder of the licence in question, for the words “one month” there shall be substituted the words “fifteen months”.

Section 36(1) of the 1963 Act

12

In section 36(1) of the 1963 Act (general restriction on impounding works), for the words from “after” to “(not being” there shall be substituted the words “begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in an inland water (not being”.

Section 38(1) of the 1963 Act

13

In section 38(1) of the 1963 Act (reference of applications to the Minister), after the word “directions” there shall be inserted the words “to the National Rivers Authority”.

Section 41 of the 1963 Act

14

• (1) In subsection (1) of section 41 of the 1963 Act (provisions supplementary to sections 38 to 40), for the words after paragraph (a) there shall be substituted the words

; and (b) appeals to the Minister under section 39 of this Act.

• (2) In subsection (2) of that section (application of certain provisions to references and appeals to the Minister), for the words “and (3) of section 28” there shall be substituted the words “(3) and (3A) of section 28”.

Section 45(1)(a) of the 1963 Act

15

In section 45(1)(a) of the 1963 Act (special provisions as to spray irrigation), for the words from “source” to “authorising” there shall be substituted the words “source of supply, authorising”.

Section 48(1) of the 1963 Act

16

In section 48(1) of the 1963 Act (revocation or variation of authorisations under certain statutory provisions)—

• (a) for the words “statutory water undertakers or other persons are” there shall be substituted the words “any water undertaker or sewerage undertaker to which rights under that provision have been transferred in accordance with a scheme under Schedule 2 or 5 to the Water Act 1989 or any other person is”; and

• (b) for the words “those undertakers or other persons” there shall be substituted the words “that undertaker or other person”.

Section 53 of the 1963 Act

17

• (1) In subsection (1) of section 53 of the 1963 Act (register of applications and licences), for the words “a register” there shall be substituted the word “registers”.

• (2) In subsection (2) of that section (register of applications by water authority etc.), for the words from “applications” to “in”, in the first place where it occurs, there shall be substituted the words “applications made in”.

• (3) In subsection (3) of that section (availability of register for inspection)—

• (a) at the beginning there shall be inserted the words “The contents of”; and

• (b) after the word “available” there shall be inserted the words “at such place as may be prescribed”.

• (4) Subject to any regulations under the 1963 Act, the information which the Authority is required to keep in registers kept under that section shall include any information which immediately before the transfer date was contained in a register kept under that section by a water authority.

Section 60 of the 1963 Act

18

• (1) In subsection (2) of section 60 of the 1963 Act (exemption from, and reduction of, charges)—

• (a) in paragraph (a), for the words “functions conferred on the water authority by section 9 of the Water Act 1973” there shall be substituted the words “functions of the National Rivers Authority under any enactment”; and

• (b) paragraph (bb) (duty to have regard to need to conserve energy) shall be omitted.

• (2) After subsection (5) of that section there shall be inserted the following subsection—

(5A) No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the National Rivers Authority of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.

• (3) In subsection (6) of that section, at the end there shall be inserted the words “and the quantity of water authorised to be abstracted from the strata in any period of twenty-four hours does not exceed twenty cubic metres in aggregate.”

Section 64 of the 1963 Act

19

For section 64 of the 1963 Act (enforcement of charges) there shall be substituted the following section—

(64) (1) If the charges payable in respect of a licence under this Act are not paid within twenty-eight days after notice demanding them has been served on the holder of the licence, the National Rivers Authority may revoke the licence by the service of a notice of revocation on the holder of the licence. (2) A notice demanding the payment of any charges which is served for the purposes of subsection (1) of this section shall— (a) state that the licence in question may be revoked if the charges are not paid within twenty-eight days after the service of the notice; (b) set out the effect of revocation; and (c) state that no compensation is payable in respect of a revocation under this section. (3) Revocation of a licence under this section shall take effect at such time, not being a time before the end of the period of twenty-eight days after notice of revocation is served on the holder of the licence, as may be specified in that notice and shall so take effect only if the charges in question are not paid before that time. (4) A notice of revocation served under this section shall— (a) set out the reason for the revocation; and (b) state that the revocation will take effect only if the charges in question are not paid before the time specified in the notice.

Section 78 of the 1963 Act

20

• (1) In subsection (1) of section 78 of the 1963 Act (borings not requiring licences), for the words from “at any time” to “a well” there shall be substituted the words “any person proposes to construct a well”.

• (2) In subsection (2) of that section, for the words from “after” to “for the” there shall be substituted the words “a person proposes to construct or extend a boring for the”.

Section 79 of the 1963 Act

21

• (1) In subsection (3) of section 79 of the 1963 Act (byelaws preventing use of boats on inland waters), for the words from “their new” to “their area” there shall be substituted the words “any of the water resources functions of the National Rivers Authority or any of that Authority’s functions by virtue of Chapter III or IV of Part III of the Water Act 1989, that Authority may make byelaws prohibiting such inland waters”.

• (2) In subsection (4)(d) of that section (byelaws not to apply to reservoir belonging to statutory water undertakers), for the words “statutory water undertakers other than the water authority” there shall be substituted the words “a water undertaker”.

Section 81 of the 1963 Act

22

• (1) In subsection (1) of section 81 of the 1963 Act (agreements for particular purposes)—

• (a) for the words from the beginning to “statutory water undertakers” there shall be substituted the words “The powers of the National Rivers Authority by virtue of section 145 of the Water Act 1989 shall (without prejudice to the generality of those powers) include power, subject to the next following subsection, to enter into an agreement with any water undertaker, with any sewerage undertaker”;

• (b) for the words in paragraph (a) from “within” onwards there shall be substituted the words “which that Authority considers necessary or expedient in connection with the carrying out of any of the water resources functions of that Authority;”

• (c) for the words in paragraph (c) from “within” onwards there shall be substituted the words “for any purpose connected with the carrying out of any of the functions mentioned in paragraph (a) of this subsection”; and

• (d) for the words in paragraph (d) from “in the” onwards there shall be substituted the words “is to be operated.”

• (2) For subsection (2) of that section (directions with respect to agreements under subsection (1)) there shall be substituted the following subsection—

(2) The Minister may by a direction to the National Rivers Authority direct that, in such cases or classes of cases as are specified in the direction, that Authority shall not enter into any such agreement as is mentioned in subsection (1) of this section except with his consent.

• (3) In subsections (3) and (5) of that section, for the words “under this section” there shall be substituted the words “such as is mentioned in subsection (1) of this section”; and in subsection (4) of that section for the words “is made under this section” there shall be substituted the words “such as is mentioned in subsection (1) of this section is made”.

Section 82 of the 1963 Act

23

• (1) In subsection (1) of section 82 of the 1963 Act (transfers of certain property and functions and of reservoirs, wells, boreholes, etc.), for the words from “any one” to the end of the subsection there shall be substituted the words “any of the functions or property of a navigation authority, conservancy authority or harbour authority.”

• (2) For subsection (9) of that section (definition of “the Ministers”) there shall be substituted the following subsection—

(9) In this section and Schedule 10 to this Act “the Ministers” means the Minister, the appropriate Minister and (except where all the functions in question are exercisable in Wales and all the property in question is situated there) the Minister of Agriculture, Fisheries and Food and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly.

• (3) Any functions which immediately before the transfer date are functions of a water authority by virtue of an order or agreement under that section shall on that date become functions of the Authority; and, on and after the transfer date, any provision made with respect to the transfer of any functions by such an order and in force or effective immediately before that date shall have effect, with the necessary modifications, in relation to the Authority as it had effect in relation to the water authority in whom those functions were vested before that date.

Section 91 of the 1963 Act

24

• (1) In subsection (1) of section 91 of the 1963 Act (contributions to navigation, harbour or conservancy authorities), for the words from “purposes” to “contribute” there shall be substituted the words “purposes of the water resources functions of the National Rivers Authority, that Authority shall contribute”.

• (2) In subsection (2) of that section (contributions from navigation, harbour or conservancy authorities), for the words from “performance”, in the first place where it occurs, to “performance”, in the second place where it occurs, there shall be substituted the words “carrying out by the National Rivers Authority of its water resources functions have made, or will make, a beneficial contribution towards the carrying out”.

Section 106(1) of the 1963 Act

25

In section 106(1) of the 1963 Act (compensation for officers and servants), for the words from the beginning to “jointly” there shall be substituted the words “The Ministers (within the meaning of section 82 of this Act)”.

Section 109 of the 1963 Act

26

For subsections (2) and (3) of section 109 of the 1963 Act (local inquiries) there shall be substituted the following subsection—

(2) Section 181 of the Water Act 1989 (local inquiries) shall apply in relation to any local inquiry by virtue of this Act as it applies in relation to local inquiries under that Act.

Section 126(3) of the 1963 Act

27

In subsection (3) of section 126 of the 1963 Act (border rivers), for the words from the beginning to “shall” there shall be substituted the words “The provisions of this Act relating to the water resources functions of the National Rivers Authority shall”.

Section 128 of the 1963 Act

28

In section 128(2) of the 1963 Act (savings for drought orders), for the words from “in a” to “holders” there shall be substituted the words “shall be treated as if it had been authorised to be so abstracted by a licence granted under this Act, whether the water undertaker to which the order relates is the holder”.

Section 131 of the 1963 Act

29

In section 131(2)(a) of the 1963 Act (licence in respect of waters owned or managed by the British Waterways Board), after “Act” there shall be inserted the words “and no person other than the Board or a person authorised for the purpose by the Board may be given a consent for the purposes of section 24 (1A) of this Act”.

Section 132 of the 1963 Act

30

In section 132 of the 1963 Act (ecclesiastical property)—

• (a) in subsection (1)(d), for the words from “any reference” to “Church Commissioners” there shall be substituted the words “the licence shall be deemed for all purposes to be held by the Church Commissioners at any time when the benefice in question is vacant;” and

• (b) in subsection (6), for the words from the beginning to “so modified” there shall be substituted the words “Where by virtue of subsection (1)(d) of this section”.

Section 135 of the 1963 Act

31

• (1) In subsection (1) of section 135 of the 1963 Act (definitions)—

• (a) in the definition of “abstraction”, for the words from “in”, in the third place where it occurs, to “in that area” there shall be substituted the words “means the doing of anything whereby any of that water is removed from that source of supply, whether temporarily or permanently, including where it is so removed for the purpose of being transferred to another source of supply”;

• (b) for paragraphs (a) to (c) of the definition of “inland water” there shall be substituted the following paragraphs—

(a) any river, stream or other water course, whether natural or artificial and whether tidal or not; (b) any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; and (c) so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition;

• (c) for the definition of “the Minister” there shall be substituted the following definition—

“the Minister” means the Secretary of State;

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

“water resources functions”, in relation to the National Rivers Authority, means the functions of that Authority under this Act or any other enactment which are functions of that Authority by virtue of Chapter II of Part III of the Water Act 1989, other than functions which have been transferred to the Authority by paragraph 23(3) of Schedule 13 to that Act or otherwise by virtue of an order under section 82 of this Act;

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

(a) 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) In subsection (2)(a) of that section, for the words from “new” to “pollution” there shall be substituted the words “water resources functions of the National Rivers Authority”.

• (3) In subsection (3) of that section, for paragraph (a) there shall be substituted the following paragraph—

(a) a sewerage undertaker

.

Schedule 7 to the 1963 Act

32

• (1) In paragraph 1 of Schedule 7 to the 1963 Act (draft statements to which Part I of Schedule applies), for the words “or section 20(1)(a) of this Act” there shall be substituted the words “of this Act other than a draft statement for amending provision for determining the minimum acceptable flow for any inland water.”

• (2) In paragraph 2(b) of that Schedule (inspection of proposed draft statement), for the words from “a place” to “where” there shall be substituted the words “the place where”.

• (3) In sub-paragraph (a) of paragraph 3 of that Schedule (notice in newspapers), for the words from “circulating” to the end of the sub-paragraph there shall be substituted the words “circulating in the locality in which the inland water to which the draft statement relates is situated; or”.

• (4) In paragraph 4 of that Schedule (persons to be served with notice)—

• (a) in sub-paragraph (b), for the words “statutory water undertakers” there shall be substituted the words “water undertaker”; and

• (b) in sub-paragraph (c), for the words “statutory water undertakers who were” there shall be substituted the words “water undertaker which was”.

• (5) In paragraph 6 of that Schedule (duty to furnish copy of draft statement), for the words from “not exceeding” onwards there shall be substituted the words “as the National Rivers Authority thinks reasonable.”

• (6) In paragraph 10 of that Schedule (draft statements for amending minimum acceptable flows)—

• (a) for the words from “prepared” to “section 20(1)(b) of this Act” there shall be substituted the words “contained in a draft statement for amending provision for determining the minimum acceptable flow for any inland water”; and