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Water Act 1989

Type Public General Act

Publication 1989-07-06

Last updated 2026-04-06

State In force

Department Statute Law Database

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Reform history JSON API

(b) the words from “subject” onwards shall be omitted.

(7) In paragraph 11 of that Schedule (amendment of statement of minimum acceptable flows), for the words “amend the statement of” there shall be substituted the words “approve the statement for amending the provision for determining any”.

(8) In paragraph 12 of that Schedule (procedure in relation to objections), for the words from “amending” to “relate” there shall be substituted the words “determining whether to approve the statement”.

(9) In paragraph 13 of that Schedule (procedure after amendment made), for the words from “amended”, in the first place where it occurs, to “amended”, in the second place where it occurs, there shall be substituted the words

to be amended by virtue of the approval (with or without alterations) of proposals submitted to the Minister, the Minister shall give notice to the National Rivers Authority— (a) stating that he has given his approval to an amendment

(10) In paragraph 16(b) of that Schedule (cases to which paragraph 17 applies), for the words “or section 20 of this Act or by Part III of this Schedule” there shall be substituted the words “of this Act”.

(11) In paragraph 17(1) of that Schedule (meaning of “Minister” in certain cases), for the words “the Ministers” there shall be substituted the words “the Minister and the Minister of Agriculture, Fisheries and Food, acting jointly.”

Schedule 10 to the 1963 Act

33

In paragraph 2(b) of Schedule 10 to the 1963 Act (persons to be notified of proposal to make order under section 82), for the words “harbour authority or statutory water undertakers” there shall be substituted the words “or harbour authority”.

SCHEDULE 14

Part I — Procedure for Making Orders

Applications for orders

1

(1) The applicant for a drought order shall—

(a) cause notice of the application to be served on the persons specified in the Table set out in sub-paragraph (2) below;

(b) cause a notice of the application to be published in one or more local newspapers circulating within the area affected by the order; and

(2) The said Table is as follows—

All orders	The Authority (where it is not the applicant). Every local authority or water undertaker (not being the applicant) whose area would be affected by the order.
Orders which suspend or modify any enactment or any order or scheme made or confirmed under any enactment.	Such persons (if any) as are specified by name in the enactment, order or scheme as being persons for whose protection it was enacted or made.
Orders concerning the taking of water from a source or the discharge of water or effluent to a place.	Every local authority and every internal drainage board in whose area or district the source, or the place at which water or effluent is to be discharged, is situated. Every navigation authority exercising functions over any watercourse affected by the order. If the order concerns any consent relating to the discharge of sewage effluent or trade effluent, the person to whom the consent was given.
Orders which authorise the execution of any works.	Every local authority within whose area the works are situated. If the order authorises the execution of works in, under or over a watercourse, every internal drainage board within whose district the works, or any part of the works, are situated.
Orders which authorise the occupation and use of land.	Every owner, lessee and occupier of the land.
Orders which prohibit or limit the taking of water.	Every named person to whom the prohibition or limitation applies.

(3) A notice for the purposes of this paragraph of an application for a drought order—

(a) shall state the general effect of the application;

(b) shall specify a place within the area affected by the order where a copy of any relevant map or plan may be inspected by any person free of charge at all reasonable times within a period of seven days from the date on which it is served or, as the case may be, published;

(c) shall state that objections to the application may be made to the Secretary of State within seven days from the date on which it is served or, as the case may be, published; and

(d) in the case of an application for an order authorising the occupation and use of land, shall specify the land to which the application relates.

(4) A notice sent in a letter in pursuance of section 187 of this Act to an address to which it may be sent in pursuance of that section shall not be treated as having been properly served for the purposes of this paragraph unless the sender takes such steps as are for the time being required to secure that the letter is transmitted in priority to letters of other descriptions.

Objections to and making of orders

2

(1) If any objection is duly made with respect to an application for a drought order and is not withdrawn, then, subject to the provisions of this paragraph, the Secretary of State shall, before making the order, either—

(a) cause a local inquiry to be held; or

(b) afford an opportunity—

(i) to the objector; and

(ii) if the objector avails himself of the opportunity, to the applicant and to any other persons to whom it appears to the Secretary of State expedient to afford the opportunity,

of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(2) Subject to sub-paragraph (3) below, where, on an application for a drought order, it appears to the Secretary of State that a drought order is required to be made urgently if it is to enable the deficiency of supplies of water to be effectively met, he may direct that the requirements of sub-paragraph (1) above shall be dispensed with in relation to the application.

(3) Nothing in sub-paragraph (2) above shall authorise the Secretary of State to fail to consider any objection to a proposed drought order which has been duly made and not withdrawn.

(4) Notwithstanding anything in sub-paragraph (1) above, the Secretary of State may—

(a) require any person who has made an objection to a proposed drought order to state in writing the grounds of his objection; and

(b) disregard the objection for the purposes of this paragraph if the Secretary of State is satisfied—

(i) that the objection relates exclusively to matters which can be dealt with on a reference under Part II of this Schedule or by any person by whom compensation is to be assessed; or

(ii) in a case where the order is one confined to the extension of a period specified in a previous order, that the objection is one that has in substance been made with respect to the application for that previous order.

(5) Subject to the requirements of this paragraph, the Secretary of State, upon being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order in respect of which the application is made with or without modifications.

(6) The Secretary of State may hold a local inquiry on any application for an order under this Act notwithstanding that he is not required to do so by this paragraph.

3

After a drought order has been made, the person on whose application it was made shall cause to be published (in the manner in which notice of the application was required under paragraph 1 above to be published) a notice stating that the order has been made and naming a place where a copy of it may be inspected.

Part II — Compensation

Right to compensation limited

4

Except as provided by the following provisions of this Part of this Schedule, neither the Authority nor any water undertaker or sewerage undertaker shall incur any liability to any person for loss or damage sustained by reason of anything done in pursuance of any drought order or of any omission in pursuance of such an order.

Compensation to be made in the case of all drought orders

5

Where a drought order has been made, compensation in respect of the entry upon or occupation or use of land shall be made by the applicant for the order to—

(a) the owners and occupiers of the land; and

(b) all other persons interested in the land or injuriously affected by the entry upon, occupation or use of the land,

for loss or damage sustained by reason of the entry upon, occupation or use of the land.

Compensation to be made in the case of section 131 orders only

6

(1) This paragraph shall apply for determining the compensation to be made, in addition to any made under paragraph 5 above, where an order has been made under section 131 of this Act.

(2) Compensation in respect of the taking of water from a source or its taking from a source otherwise than in accordance with a restriction or obligation which has been suspended or modified shall be made by the applicant for the order to—

(a) the owners of the source of water; and

(b) all other persons interested in the source of water or injuriously affected by the taking of the water,

for loss or damage sustained by reason of the taking of the water.

(3) Compensation in respect of water’s being discharged or not discharged to any place or its being discharged otherwise than in accordance with a restriction or obligation (whether relating to the treatment or discharge of the water) which has been suspended or modified shall be made by the applicant for the order to—

(a) the owners of the place of discharge; and

(b) all other persons interested in the place of discharge or injuriously affected by the discharge or lack of discharge,

for loss or damage sustained by reason of the water being discharged or not discharged or being discharged otherwise than in accordance with the restriction or obligation.

(4) Compensation in respect of the imposition of a prohibition or limitation on the taking of water from a source shall be made by the applicant for the order, to any persons to whom the prohibition or limitation applies, for loss or damage sustained by reason of the prohibition or limitation.

(5) Compensation in respect of a power to make discharges of sewage effluent or trade effluent in pursuance of any consent shall be made by the applicant for the order, to any person who has been exercising that power, for loss or damage sustained by reason of the suspension or variation of the consent or the attachment of conditions to the consent.

Claims for compensation: general

7

(1) A claim for compensation under this Part of this Schedule shall be made by serving upon the applicant a notice stating the grounds of the claim and the amount claimed.

(2) Any question as to the right of a claimant to recover compensation, or as to the amount of compensation recoverable, shall, in default of agreement, be referred to, and determined by, the Lands Tribunal.

Claims for compensation under paragraph 6

8

(1) A claim for compensation under paragraph 6 above may be made at any time not later than six months after the end of the period for which the order authorises, as the case may be—

(a) the taking or discharge of water;

(b) the imposition of a prohibition or limitation on the taking of water;

(d) the suspension or variation of, or attachment of conditions to, any consent relating to the discharge of sewage effluent or trade effluent.

(2) Where a claim for compensation under paragraph 6 above is made during the continuance of the order under section 131 of this Act, the Lands Tribunal may, if it thinks fit, award a sum representing the loss or damage which is likely to be sustained by the claimant in respect of each day on which, as the case may be—

(a) water is taken or discharged;

(b) water is not discharged or is discharged otherwise than in accordance with an obligation or restriction; or

(3) In assessing the compensation to be made under paragraph 6(2) above the Lands Tribunal may, if it thinks fit, have regard to the amount of water which, on an equitable apportionment of the water available from the source between the claimant, the applicant and other persons taking water from the source, may fairly be apportioned to the claimant.

(4) In assessing the compensation to be made under paragraph 6(3) above in respect of the lack of discharge of compensation water, the Lands Tribunal may, if it thinks fit, have regard to the amount of water which, under the conditions existing by reason of the shortage of rain, would have been available to the claimant during the period during which the deficiency of supplies of water is continued, if the applicant in relation to whom the obligation was imposed had never carried on its undertaking.

SCHEDULE 15

General

1

(1) Subject to the following provisions of this Schedule and to any repeal made by this Act—

(a) for any reference in the 1976 Act (however framed) to any one or more water authorities there shall be substituted a reference to the Authority;

(b) for any reference in that Act to a regional land drainage committee there shall be substituted a reference to a regional flood defence committee;

(c) for any reference in that Act to a local land drainage scheme there shall be substituted a reference to a local flood defence scheme;

(d) for any reference in that Act to a local land drainage committee there shall be substituted a reference to a local flood defence committee; and

(e) for any reference in that Act to a local land drainage district there shall be substituted a reference to a local flood defence district.

(2) Subject as aforesaid, any function of a Minister of the Crown under any provision of the 1976 Act shall, in so far as immediately before the transfer date it is exercisable by different Ministers according to the water authority in relation to which it is exercised, be exercisable on and after that date concurrently by the Minister of Agriculture, Fisheries and Food and by the Secretary of State.

(3) Any function which is a function of a water authority immediately before the transfer date by virtue of any scheme or order made under the 1976 Act shall, subject to the provisions of that Act, be a function of the Authority on and after that date.

(4) In the 1976 Act, for the words “the main river”, wherever they occur (except where they occur in the expression “the main river map”), there shall be substituted the words “a main river”.

Section 4 of the 1976 Act

2

(1) In subsection (2)(a) of section 4 of the 1976 Act (local land drainage schemes and local land drainage committees), for the word “that” there shall be substituted the word “their”.

(2) For subsection (5) of that section there shall be substituted the following subsection—

(5) A local flood defence scheme may define a local flood defence district— (a) by reference to the districts which were local land drainage districts immediately before the date which is the transfer date for the purposes of the Water Act 1989; (b) by reference to the area of the regional flood defence committee in which that district is situated; (c) by reference to a map; or partly by one of those means and partly by another or the others.

Section 5 of the 1976 Act

3

For subsection (6) of section 5 of the 1976 Act (appointment of members and proceedings of local land drainage committees) there shall be substituted the following subsection—

(6) In appointing a person to be a member of a local flood defence committee, the regional flood defence committee shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee to which he is appointed.

Section 9 of the 1976 Act

4

(1) Section 9 of the 1976 Act (main river maps) shall be amended as follows.

(2) In subsection (1), for the words “of a water authority area relating to the water authority’s land drainage functions” there shall be substituted the words “relating to the area of a regional flood defence committee”.

(3) In subsection (3), for the words “the main river map of the authority’s area” there shall be substituted the words “a main river map”.

(4) For subsection (5) there shall be substituted the following subsection—

(5) Where— (a) the area of a regional flood defence committee is altered so as to affect any of the particulars shown on the main river map for that area, or (b) the Minister confirms a scheme under section 50 below, or (c) the National Rivers Authority applies to the Minister for the variation of a main river map, so far as it shows the extent to which any watercourse is to be treated as a main river or part of a main river, the Minister shall take such action as he considers appropriate either— (i) by requiring the National Rivers Authority to send him any part of the main river map in question, altering it and sending it back to the National Rivers Authority; or (ii) by preparing a new main river map and sending it to the National Rivers Authority, or (iii) by notifying the National Rivers Authority that he does not intend to vary the main river map in question.

(5) For subsections (7) and (8) there shall be substituted the following subsections—

(7) The National Rivers Authority shall, subject to subsection (5) above, keep the main river map for the area of a regional flood defence committee at the principal office of the National Rivers Authority for that area, and shall provide reasonable facilities for inspecting that map and taking copies of and extracts from it. (8) Any local authority whose area is wholly or partly within the area of a regional flood defence committee shall, on application to the National Rivers Authority, be entitled to be furnished with copies of the main river map for the area of that committee on payment of such sum as the authority and the National Rivers Authority may agree.

Section 17 of the 1976 Act

5

(1) Section 17 of the 1976 Act (general drainage powers) shall be amended as follows.

(2) In subsection (1)—

(a) for the words “acting within their area” there shall be substituted the words “(in the case of an internal drainage board, acting within their district)”; and

(b) in paragraph (c), for the words “of their area” there shall be substituted the words “of any land”.

(3) For subsection (2) there shall be substituted the following subsection—

(2) Subsection (1) above shall not be taken as authorising the National Rivers Authority to do any work otherwise than in connection with a main river, save that the power of that Authority to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water shall be exercisable below the low-water mark and shall be exercisable (both above and below the low-water mark) irrespective of whether they are works in connection with a main river.

(4) For subsection (3) there shall be substituted the following subsection—

(3) The National Rivers Authority may construct all such works and do all such things in the sea or in any estuary as may, in its opinion, be necessary to secure an adequate outfall for a main river.

(5) In subsection (4)—

(a) for the words “a drainage authority”, in both places where they occur, there shall be substituted the words “an internal drainage board”; and

(b) for the word “area”, in each place where it occurs, there shall be substituted the word “district”.

(6) For subsection (7) there shall be substituted the following subsection—

(7) In this Act “drainage authority” means the National Rivers Authority or an internal drainage board.

Section 21 of the 1976 Act

6

(1) In subsection (1) of section 21 of the 1976 Act (arrangements between drainage authorities), the words from “and which” onwards shall be omitted.

(2) For subsections (2) and (3) of that section there shall be substituted the following subsections—

(2) Notwithstanding the provisions of section 17(2) above, the National Rivers Authority may, with the consent of an internal drainage board, execute and maintain in that board’s district any works which the board might execute or maintain, on such terms as to payment or otherwise as may be agreed between the board and the Authority, or may agree to contribute to the expense of the execution or maintenance of any works by any internal drainage board. (3) An internal drainage board may, with the consent of an internal drainage board for any other district, execute and maintain in that other district any works which the first-mentioned board might execute or maintain within their own district, on such terms as to payment or otherwise as may be agreed between the boards, or may agree to contribute to the expense of the execution or maintenance of any works by the internal drainage board for any other district. (4) Any expense incurred by an internal drainage board under subsection (3) above shall be defrayed as if the expense had been incurred in their own district.

Section 22 of the 1976 Act

7

In section 22 of the 1976 Act (arrangements with other persons generally), for the words “whether within or outside their area” there shall be substituted the words “(in the case of an internal drainage board, whether within or outside their district)”.

Section 23 of the 1976 Act

8

In section 23(2) of the 1976 Act (arrangements with certain authorities for the carrying out of works etc.), for the words “their area” there shall be substituted the words “any land (being, in the case of an internal drainage board, land situated in their district)”.

Section 24 of the 1976 Act

9

(1) In subsection (2) of section 24 of the 1976 Act (enforcement of obligations to repair watercourses, bridges etc.)—

(a) for the words “the drainage authority in whose area” there shall be substituted the words “the National Rivers Authority or any internal drainage board in whose district”; and

(b) for the words “the authority” there shall be substituted the words “the Authority or board”.

(2) Subsection (4) of that section (watercourses in London) shall cease to have effect.

Section 26 of the 1976 Act

10

In section 26(11) of the 1976 Act (records to be kept of charges)—

(a) for the words “the clerk of the water authority or” there shall be substituted the words “an authorised officer of the National Rivers Authority or of the”; and

(b) for the words “the said clerk” there shall be substituted the words “such an officer”.

Section 27 of the 1976 Act

11

In section 27(2) of the 1976 Act (power of Minister to make an order varying navigation rights), for the words “drainage authorities within whose areas” there shall be substituted the words “National Rivers Authority and every internal drainage board within whose district any of”.

Section 28 of the 1976 Act

12

(1) In subsection (1) of section 28 of the 1976 Act (obstructions in watercourses), for the words “the drainage authority” there shall be substituted the words “the National Rivers Authority or, in the case of works in the district of an internal drainage board, of that Authority or the board.”

(2) After subsection (1) of that section there shall be inserted the following subsection—

(1A) A drainage authority may require the payment of an application fee by a person who applies to them for their consent under this section; and the amount of that fee shall be £50 or such other sum as may be specified by order made jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State.

(3) In subsection (2), for the words “receipt of the application” there shall be substituted the words “relevant day”.

(4) After subsection (11), there shall be inserted the following subsection—

(11A) In this section “relevant day”, in relation to an application for a consent under this section, means whichever is the later of— (a) the day on which the application is made; and (b) if at the time when the application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged.

(5) Subsection (12) of that section (watercourses in London) shall cease to have effect.

Section 29 of the 1976 Act

13

(1) In section 29 of the 1976 Act (structures in, over or under watercourses), after subsection (2) there shall be inserted the following subsection—

(2A) The National Rivers Authority may require the payment of an application fee by a person who applies to it for its consent under this section; and the amount of that fee shall be £50 or such other sum as may be specified by order made jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State.

(2) In subsection (3) of that section, for paragraph (b) and the word “and” immediately preceding it there shall be substituted the following paragraphs—

(b) any such consent shall, if neither given nor refused within 2 months after the relevant day, be deemed to have been given; and (c) any such approval shall, if neither given nor refused within 2 months after application for approval is made, be deemed to have been given.

(3) After subsection (8) there shall be inserted the following subsection—

(9) In this section “relevant day”, in relation to an application for a consent under this section, means whichever is the later of— (a) the day on which the application is made; and (b) if at the time when the application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged.

Section 32 of the 1976 Act

14

(1) For subsection (1) of section 32 of the 1976 Act (power of water authorities to provide flood warning systems) there shall be substituted the following subsection—

(1) Without prejudice to its powers by virtue of Chapter VI of Part III and Part IV of the Water Act 1989, the National Rivers Authority shall have power— (a) to provide and operate flood warning systems; (b) to provide, install and maintain apparatus required for the purposes of such systems; (c) to carry out any other engineering or building operations so required.

(2) In subsection (4) of that section, for the words from the beginning to “authority’s area” there shall be substituted the words “The National Rivers Authority may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if its functions in relation to the areas of the regional flood defence committees whose areas are adjacent to Scotland were functions in relation to that area in Scotland and as if that area in Scotland were included in the areas of each of those committees, but”.

Section 34 of the 1976 Act

15

(1) For subsection (1) of section 34 of the 1976 Act (byelaws) there shall be substituted the following subsection—

(1) Subject to the provisions of this Act— (a) the National Rivers Authority may make such byelaws in relation to any particular locality or localities as it considers necessary for securing the efficient working of any drainage system, including the proper defence of any land against sea or tidal water; and (b) an internal drainage board may make such byelaws as they consider necessary for securing the efficient working of the drainage system in their district.

(2) In subsection (3) of that section, at the end there shall be inserted the words “by an internal drainage board; and Schedule 24 to the Water Act 1989 has effect with respect to the making of such byelaws by the National Rivers Authority”.

Section 36 of the 1976 Act

16

In section 36(1) of the 1976 Act (power of water authorities to acquire accretions of land resulting from drainage works), for the words from “the water authority” to “compulsorily” there shall be substituted the words “the powers of the National Rivers Authority by virtue of the Water Act 1989 to acquire land by agreement or compulsorily for the purpose of carrying out any of its functions shall include power so to acquire”.

Section 37 of the 1976 Act

17

In section 37(1) of the 1976 Act (power of internal drainage boards to acquire land), for the word “area” there shall be substituted the word “district”.

Section 45 of the 1976 Act

18

In section 45(3) of the 1976 Act (definitions for the purposes of revenue raising provisions), in the definition of “relevant expenditure”, for the words from “of the expenses” to the end of the definition there shall be substituted the words “and of the expenses of the Authority’s research and related activities”.

Section 46 of the 1976 Act

19

In section 46(6) of the 1976 Act (aggregate amount for which precepts in respect of a local land drainage district may be issued in a case where a water authority borrows or proposes to borrow money under the 1973 Act), for the words “the Water Act 1973” there shall be substituted the words “the Water Act 1989”.

Section 48 of the 1976 Act

20

In section 48(2) of the 1976 Act (raising of general drainage charges in respect of any local land drainage district), for the words “for the authority’s area” there shall be substituted the words “for the area in which that district is situated”.

Section 49 of the 1976 Act

21

In section 49(3) of the 1976 Act (application of order relating to amount of general drainage charge), for the words from “water authority areas”, where they first occur, to “and there specified” there shall be substituted the words “local flood defence districts specified in the order”.

Section 50 of the 1976 Act

22

(1) In subsection (1) of section 50 of the 1976 Act (special drainage charges in interests of agriculture), for the words “that area” there shall be substituted the words “the area of any regional flood defence committee”.

(2) For subsection (2) of that section there shall be substituted the following subsection—

(2) Any such scheme shall designate for the purposes of the special drainage charge so much of the area of the regional flood defence committee as consists of land which, in the opinion of the National Rivers Authority, is agricultural land that would benefit from drainage works in connection with the designated watercourses.

Section 51 of the 1976 Act

23

(1) In subsection (2) of section 51 of the 1976 Act (levying and amount of special drainage charge), for the words “authority’s regional land drainage committee” there shall be substituted the words “regional flood defence committee for the area which includes that land”.

(2) For subsection (4) of that section there shall be substituted the following subsection—

(4) An order under subsection (2)(b) above may be made so as to apply— (a) to special drainage charges in general, or (b) to the special drainage charges proposed to be raised in respect of such areas of regional flood defence committees as may be specified in the order, or (c) to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 50 above and so specified; and any such order applying to the charges proposed to be raised in respect of more than one area of a regional flood defence committee or authorised by more than one such scheme may make different provision for the charges in respect of different areas or, as the case may be, the charges authorised by the different schemes.

Section 54 of the 1976 Act

24

(1) In subsection (3) of section 54 of the 1976 Act (arrangements for payment of drainage charges by owners), for the words from the beginning to “section” there shall be substituted the words “Where arrangements are made under this section it shall be the duty of the National Rivers Authority”.

(2) In subsection (6) of that section, for the words from the beginning to “above” there shall be substituted the words “Where notice is given to the National Rivers Authority under subsection (5) above it shall be the duty of that Authority”.

Section 59 of the 1976 Act

25

(1) In subsection (1) of section 59 of the 1976 Act (specified authorities in relation to agreements for assessment to and recovery of drainage charges), the word “chargeable” shall be omitted.

(2) In subsection (2) of that section, for the words from “wholly” onwards there shall be substituted the words “and the drainage board of any internal drainage district; and the land referred to in subsection (1) above is, in relation to any such council, the chargeable land within the area of the council and, in relation to any drainage board, such land as may be specified in the agreement.”

Section 62 of the 1976 Act

26

Section 62 of the 1976 Act (power to make water charges option orders) shall cease to have effect.

Section 64 of the 1976 Act

27

In section 64(1) of the 1976 Act (assessment of drainage charges on the basis of annual value), for the words “the area” there shall be substituted the words “their district”.

Section 68 of the 1976 Act

28

(1) In each of subsections (1) and (4) of section 68 of the 1976 Act (power to make orders relating to differential drainage rates), for the words “the district” there shall be substituted the words “their district”.

(2) In subsection (5) of that section, for the word “area” there shall be substituted the word “district”.

Section 88 of the 1976 Act

29

In section 88(1) of the 1976 Act (power of drainage authorities to levy navigation tolls)—

(a) for the words “within a drainage authority area” there shall be substituted the words “in England and Wales or in so much of the territorial sea adjacent to England and Wales as is included in the area of a regional flood defence committee”; and

(b) for the words “the drainage authority for the area” there shall be substituted the words “the National Rivers Authority or, in the case of waters within the district of an internal drainage board, that Authority or that board”.

Section 89 of the 1976 Act

30

(1) In subsection (1) of section 89 of the 1976 Act (interpretation of Part IV), in the definition of “chargeable land”, for the words “the area” there shall be substituted the words “the area of a regional flood defence committee”.

(2) In subsection (2) of that section, for the words “a water authority area” there shall be substituted the words “the area of a regional flood defence committee”.

Section 90 of the 1976 Act

31

In paragraph (a) of section 90(6) of the 1976 Act (grants to water authorities for the acquisition of land and rights over land), for the words from “conferred” to the end of the paragraph there shall be substituted the words “of the National Rivers Authority by virtue of the Water Act 1989 to acquire land by agreement or compulsorily”.

Section 93 of the 1976 Act

32

In section 93(3) of the 1976 Act (notice of application for authority to execute drainage works to be given to persons including a drainage authority), for the words “any drainage authority having jurisdiction in any district or area” there shall be substituted the words “the National Rivers Authority and to the internal drainage board for any district”.

Section 94 of the 1976 Act

33

In section 94(3)(d) of the 1976 Act (compensation for loss attributable to a scheme under section 11 of the 1976 Act), for the words “such water authority as may be” there shall be substituted the words “the National Rivers Authority if it is”.

Section 100 of the 1976 Act

34

In section 100(1) of the 1976 Act (schemes for drainage of small areas), for the words “as it applies to a water authority” there shall be substituted the words “in relation to their area as it applies to the National Rivers Authority in relation to any such land as is mentioned in that section”.

Section 109 of the 1976 Act

35

(1) In subsection (2) of section 109 of the 1976 Act (regulations and orders), for the words “section 46” there shall be substituted the words “section 28(1A), 29(2A), 46”.

(2) In subsection (3) of that section, after “27,” there shall be inserted “28(1A), 29(2A),”.

Section 110 of the 1976 Act

36

In section 110(1)(c) of the 1976 Act (apportionment of expenses of local authorities), for the words “water authority area” there shall be substituted the word “county”.

Section 112 of the 1976 Act

37

In section 112(2) of the 1976 Act (protection of certain undertakings), for paragraph (b) there shall be substituted the following paragraph—

(b) the undertakings of the National Rivers Authority and of any water undertaker or sewerage undertaker;

Section 116 of the 1976 Act

38

In section 116(1) of the 1976 Act (general interpretation)—

(a) for the definition of “constituent council” there shall be substituted the following definition—

“constituent council”, in relation to a regional flood defence committee, has the meaning provided by section 137(10) of the Water Act 1989 and, in relation to a local flood defence committee, has the meaning provided by section 5(8) above;

;

(b) for the definitions of “local land drainage committee”, “local land drainage district” and “local land drainage scheme” there shall be substituted the following definitions—

“local flood defence committee” has the meaning provided by section 139(1) of the Water Act 1989; “local flood defence district” has the meaning (subject to section 89(2) above) provided by section 139(1) of the said Act of 1989; “local flood defence scheme” has the meaning provided by section 139(1) of the said Act of 1989;

Schedule 1 to the 1976 Act

39

(1) Schedule 1 to the 1976 Act (members and proceedings of regional and local land drainage committees) shall be amended as follows.

(2) In paragraph 5 (vacation of office upon the happening of certain events), for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph—

(a) is adjudged bankrupt, is a person whose estate is sequestrated or makes a composition or arrangement with, or grants a trust deed for, his creditors; or

(3) In paragraph 8 (disqualification for appointment as a member of a committee)—

(a) for paragraph (b) of sub-paragraph (1) there shall be substituted the following paragraph—

(b) is a person who has been adjudged bankrupt, or whose estate has been sequestrated or who has made a composition or arrangement with, or granted a trust deed for, his creditors; or

;

(b) after sub-paragraph (2) there shall be inserted the following sub-paragraph—

(2A) Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease— (a) unless the sequestration is recalled or reduced, on the person’s discharge under section 54 of the Bankruptcy (Scotland) Act 1985; and (b) if the sequestration is recalled or reduced, on the date of the recall or reduction.

(c) in sub-paragraph (3), after the words “arrangement with” there shall be inserted the words “or having granted a trust deed for” and after the word “arrangement”, in the second place where it occurs, there shall be inserted the words “or of the trust deed”.

(4) In paragraph 10 (payments to members of committees of amounts determined by the appropriate Minister)—

(a) in sub-paragraph (1), for the words from “not being” to “committees” there shall be substituted the words “is a chairman of a regional flood defence committee or of a local flood defence committee”;

(b) in sub-paragraph (2), for the words “the regional” there shall be substituted the words “a regional”;

(c) in sub-paragraph (3), for the words from “not being” to “committees” there shall be substituted the words “is a member of a regional flood defence committee or of a local flood defence committee”; and

(d) in sub-paragraph (4), for the definition of “the appropriate Minister” there shall be substituted the following definition—

“the appropriate Minister” means— (a) in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales and in relation to any local flood defence committee for any district comprised in the area of such a regional flood defence committee, the Secretary of State; and (b) in relation to any other regional flood defence committee or local flood defence committee, the Minister;

(5) For paragraph 14 (proceedings) there shall be substituted the following paragraph—

(14) A regional flood defence committee or a local flood defence committee may, with the approval of the appropriate Minister (within the meaning of paragraph 10 above), make rules for regulating the proceedings of the committee; and nothing in section 136 of the Water Act 1989 shall entitle the National Rivers Authority to make any arrangements or give any directions for regulating the proceedings of any such committee.

(6) In paragraph 15 (disqualification for paid office of water authority), for the words from “water authority’s” onwards there shall be substituted the words “regional flood defence committee or a local flood defence committee, be disqualified from being appointed to any paid office by the National Rivers Authority or by any regional flood defence committee other than the office of chairman of a local flood defence committee.”

(7) For paragraph 16 (interpretation) there shall be substituted the following paragraph—

(16) In this Schedule— (a) any reference to a member of a committee shall include a reference to the chairman of that committee; and (b) any reference to an officer of a regional or local flood defence committee shall be construed as a reference to an officer of the National Rivers Authority.

Schedule 2 to the 1976 Act

40

(1) In paragraph (b) of the proviso to paragraph 3 of Schedule 2 to the 1976 Act (termination of office of members of a board), for the words “becomes bankrupt or makes a composition or arrangement with” there shall be substituted the words “is adjudged bankrupt, or his estate is sequestrated, or he makes a composition or arrangement with, or grants a trust deed for,”.

(2) In paragraph 6 of that Schedule (disqualification), after the word “with” there shall be inserted the words “or granted a trust deed for”.

Schedule 4 to the 1976 Act

41

In Schedule 4 to the 1976 Act (byelaws made by drainage authorities)—

(a) in paragraphs 1 and 11, for the words “a drainage authority” there shall be substituted the words “an internal drainage board”; and

(b) in paragraphs 2 to 6, 8 to 10 and 11(a), for the word “authority”, in each place where it occurs, there shall be substituted the words “internal drainage board”.

SCHEDULE 16

Power to make order

1

(1) The appropriate Minister may by order made by statutory instrument alter the boundaries of the area of any regional flood defence committee or provide for the amalgamation of any two or more such areas.

(2) Where an order under this Schedule makes provision by reference to anything shown on a main river map (within the meaning of the 1976 Act) that map shall be conclusive evidence for the purposes of the order of what is shown on the map.

(3) The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the appropriate Minister considers appropriate.

(4) In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees, the provision made by virtue of sub-paragraph (3) above may include provision determining the total number of members of the amalgamated committee and the total number of such members to be appointed by the constituent councils of that committee; and subsections (6) and (7) of section 138 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section.

(5) In this Schedule “the appropriate Minister” —

(a) in relation—

(i) to any alteration of the boundaries of an area where the whole or any part of that area is in Wales; or

(ii) to the amalgamation of any two or more areas where the whole or any part of any one of those areas is in Wales,

means the Secretary of State and the Minister acting jointly; and

(b) in any other case, means the Minister.

Consultation and notice of intention to make order

2

(1) Before making an order under this Schedule, the appropriate Minister shall—

(a) consult such persons or representative bodies as he considers it appropriate to consult at that stage;

(b) prepare a draft order;

(c) publish a notice complying with sub-paragraph (2) below in the London Gazette and in such other manner as he considers appropriate for bringing the draft order to the attention of persons likely to be affected by it if it is made.

(2) A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall—

(a) state the appropriate Minister’s intention to make the order and its general effect;

(b) specify the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette; and

(c) state that any person may within that period by notice in writing to the appropriate Minister object to the making of the order.

(3) The appropriate Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.

Objections to draft order and making of order

3

(1) Before making an order under this Schedule, the appropriate Minister shall consider any representations or objections which are duly made with respect to the draft order and are not withdrawn, and may, if he thinks fit, cause a local inquiry to be held with respect to any such representations or objections.

(2) Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the appropriate Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order.

(3) The appropriate Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.

Procedure for making of order

4

(1) Where the appropriate Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) on whom notice is required to have been served under paragraph 2(3) above and who has duly made an objection to the making of the order that has not been withdrawn.

(2) Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph.

(3) If before an order takes effect under sub-paragraph (2) above—

(a) any person who has been served with a notice under sub-paragraph (1) above with respect to that order serves notice objecting to the order on the Minister (or, in the case of an order made jointly by the Minister and the Secretary of State, on either of them); and

(b) the objection is not withdrawn,

the order shall be subject to special parliamentary procedure.

(4) A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notice after making of order

5

(1) Subject to sub-paragraph (2) below, after making an order under this Schedule, the appropriate Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice stating that the order has been made and naming the places where a copy of the order may be inspected at all reasonable times.

(2) In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice shall not be published until the end of the period of twenty-eight days referred to in that sub-paragraph, and shall state whether or not the order is to be subject to special parliamentary procedure.

Questioning of order in courts

6

(1) Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground—

(a) that it is not within the powers of this Schedule; or

(b) that any requirement of this Schedule has not been complied with,

he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court.

(2) On an application under this paragraph the High Court, if satisfied—

(a) that the order is not within the powers of this Schedule; or

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the requirements of this Schedule,

may quash the order either generally or in so far as it affects the applicant.

(3) Sub-paragraph (1) above shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945 and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if the reference to the date of the first publication of the notice required by paragraph 5 above were a reference to the date on which the order becomes operative under the said Act of 1945.

(4) Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

SCHEDULE 17

General modifications of references to water authorities

1

(1) Subject to the following provisions of this Schedule and to any repeal made by this Act, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed and whether or not in relation to an area) to any one or more water authorities, or to a particular water authority, shall have effect on and after the transfer date as if that reference were a reference to the Authority.

(2) Subject as aforesaid, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed) to the area of a water authority shall have effect on and after the transfer date as if that reference were a reference—

(a) in the case where the provision is contained in a local statutory provision or in subordinate legislation and the reference is in relation to a particular water authority, to the area which, immediately before the transfer date, was the area of that authority for the purposes of their functions relating to fisheries; and

(b) in any other case, to the whole area in relation to which the Authority carries out its functions relating to fisheries.

(3) Subject as aforesaid, any function of a Minister of the Crown under any provision to which this paragraph applies or under the Diseases of Fish Act 1937 shall, in so far as immediately before the transfer date it is exercisable by different Ministers according to the water authority or water authority area in relation to which it is exercised, be exercisable on and after that date concurrently by the Minister of Agriculture, Fisheries and Food and by the Secretary of State; and references in any enactment (including a reference inserted by this Act) to a Minister, so far as they have effect for the purposes of, or in connection with, the exercise of any function under a provision to which this paragraph applies or the said Act of 1937, shall have effect accordingly.

(4) The provisions to which this paragraph applies are the provisions of—

(a) the Sea Fisheries Regulation Act 1966;

(b) the Salmon and Freshwater Fisheries Act 1975; and

(i) relates to the carrying out by a water authority of any function relating to fisheries; or

(ii) in the case of subordinate legislation, was made by virtue of any provision to which this paragraph applies or under the Diseases of Fish Act 1937.

(5) The modifications made by this paragraph shall be subject to any power by subordinate legislation to revoke or amend any provision to which this paragraph applies; and, accordingly, any such power, including the powers conferred by section 191 of this Act and paragraph 2 below, shall be exercisable so as to exclude the operation of this paragraph in relation to the provisions in relation to which the power is conferred.

Power to amend subordinate legislation etc

2

(1) If it appears to the Minister or the Secretary of State to be appropriate to do so for the purposes of, or in consequence of, the coming into force of any provision of this Schedule, he may by order revoke or amend any subordinate legislation.

(2) An order under this paragraph may—

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

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

(3) The power conferred by virtue of this paragraph in relation to subordinate legislation made under any enactment shall be without prejudice to any other power to revoke or amend subordinate legislation made under that enactment, but—

(a) no requirement imposed with respect to the exercise of any such other power shall apply in relation to any revocation or amendment of that legislation by an order under this paragraph; and

(b) the power to make an order under this paragraph shall be exercisable (instead of in accordance with any such requirement) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

The Diseases of Fish Act 1937 (c. 33)

3

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

The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26)

4

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

The Sea Fisheries Regulation Act 1966 (c. 38)

5

(1) The provisions of section 1 of the Sea Fisheries Regulation Act 1966 (establishment of fisheries committees) which provide that an order under that section modifying a previous such order is to be made only on such an application and after such consultation as is mentioned in that section shall not apply to an order under that section which contains a statement that the only provision made by the order is provision which appears to the Minister making the order to be appropriate in consequence of any of the provisions of this Act.

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

(3) In section 18(3) of that Act (provision where a water authority or harbour authority have the powers of a local fisheries committee), for the words from “section 36(3)” to “authority)” there shall be substituted the words “section 186 of the Water Act 1989 (procedure relating to byelaws made by the National Rivers Authority)”.

The Sea Fish (Conservation) Act 1967 (c. 84)

6

In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—

(a) for the words from “for the purposes” to the beginning of paragraph (a) there shall be substituted the words “are included in the area which by virtue of subsection (4) of section 141 of the Water Act 1989 is the area in relation to which the National Rivers Authority carries out functions relating to fisheries under the Salmon and Freshwater Fisheries Act 1975 or on landing salmon or migratory trout”; and

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

(b) the provisions of section 147 and, in relation to that section, sections 178 and 179 of the Water Act 1989 (which confer powers of entry) shall apply as if section 4 of this Act, and any order under section 5 or 6 of this Act, were an enactment to which the said section 147 applies.

The Salmon and Freshwater Fisheries Act 1975 (c. 51)

7

(1) The Salmon and Freshwater Fisheries Act 1975 shall be amended as follows.

(2) In section 5(5), for paragraph (c) (exemption from section 31(1)(a) of the Control of Pollution Act 1974) there shall be substituted the following paragraph—

“(c) section 107(1)(a) of the Water Act 1989;”.

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

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

(5) In section 25(2) (licences to fish), for the words “of a description, in an area and for a period” there shall be substituted the words “of such a description, in such area or areas and for such period as is”.

(6) In section 26(1) (limitation of fishing licences)—

(a) after the word “may”, in the first place where it occurs, there shall be inserted the words “in relation to any such area or areas as are specified in the order,”; and

(b) in paragraph (a), for the words “any part of their area” there shall be substituted the words “that area or those areas”.

(7) In section 28 (general powers and duties of water authorities and Minister)—

(a) in subsection (3), for the words from “by”, in the first place where it occurs, onwards there shall be substituted the words

on an application made to him by the National Rivers Authority, by order made by statutory instrument make provision in relation to an area defined by the order— (a) for the imposition on the owners and occupiers of fisheries in that area of requirements to pay contributions to that Authority of such amounts as may be determined under the order in respect of the expenses of the carrying out in relation to that area of that Authority’s functions with respect to fisheries; (b) for such contributions to be paid or recovered in such manner and to be refundable in such circumstances as may be specified in or determined under the order; (c) for the modification, in relation to the fisheries in that area, of any provisions of this Act relating to the regulation of fisheries or of any provisions of a local Act relating to any fishery in that area; and an order under this subsection may contain such supplemental, consequential and transitional provision, including provision for the payment of compensation to persons injuriously affected by the order, as may appear to be necessary or expedient in connection with the other provisions of the order.

; and

(b) in subsection (8), for the words “Section 36(3) of the Water Act 1973 and Schedule 7” there shall be substituted the words “Section 186 of the Water Act 1989 and Schedule 24”.

(8) In section 32(1) (power of water bailiffs and other persons to enter lands), for the words “waters within a water authority area” there shall be substituted the words “any waters”.

(9) In section 35 (power to require production of fishing licences)—

(a) in subsection (1), for the words “in a water authority area” there shall be substituted the words “in any area”;

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

(c) in subsection (3), for the words “the office of the water authority” there shall be substituted the words “the appropriate office of the National Rivers Authority”; and

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

(10) In section 39(5) (no power to bring criminal proceedings in Scotland), after the words “this section” there shall be inserted the words “or the Water Act 1989”.

(11) In section 41(1) (interpretation), in the definition of “authorised officer”, the words “acting within the water authority area” shall be omitted.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In Schedule 2 (duty on licences)—

(a) in paragraph 3 (notice of intention to increase duties), at the end of the paragraph there shall be inserted the words “and such a notice shall set out the amount of any duty as proposed to be fixed or altered.”;

(b) for paragraph 6 (fixing or alteration to take effect from the beginning of the following year) there shall be substituted the following paragraph—

(6) Where the fixing or alteration of any duty takes effect under this Schedule at any time, no alteration or, as the case may be, further alteration of that duty shall so take effect within the period of twelve months beginning with that time.

(14) In Schedule 3 (administration)—

(a) for paragraph 7 there shall be substituted the following paragraph—

(7) Before he makes an order the Minister shall— (a) send to the National Rivers Authority a copy of the draft order; and (b) notify the Authority of the time within which, and the manner in which, objections to the draft order may be made to him; and the Minister shall not make an order unless the Authority has caused notice of the Minister’s intention to make the order, of the place where copies of the draft order may be inspected and obtained and of the matters notified under sub-paragraph (b) above to be published in the London Gazette and, if it is directed to do so by the Minister, in such other manner as the Minister thinks best adapted for informing persons affected.

(b) for paragraphs 9 to 11 (orders subject to special parliamentary procedure, etc.) there shall be substituted the following paragraph—

(9) A statutory instrument containing an order shall be subject to annulment in pursuance to a resolution of either House of Parliament; and, where a statutory instrument is laid before Parliament for the purposes of this paragraph, a copy of the report of any local inquiry held with respect to objections considered in connection with the making of the order contained in that instrument shall be so laid at the same time.

;

(c) in paragraph 21A (byelaws with respect to fixed engines), after the word “not” there shall be inserted the words “without the consent of the local fisheries committee in question” ;

(d) for paragraph 32 (returns to be made by persons fishing), there shall be substituted the following paragraph—

(32) Requiring persons to send to the National Rivers Authority returns, in such form, giving such particulars and at such times as may be specified in the byelaws, of the period or periods during which they have fished for salmon, trout, freshwater fish or eels, of whether they have taken any and, if they have, of what they have taken.

;

(e) in paragraph 37 (power of water authority to acquire certain interests etc.), for the words from “paragraph 2” to “water authority” there shall be substituted the words “section 145 of the Water Act 1989, the powers conferred on the National Rivers Authority by that section, by section 151 of that Act and by section 155 of that Act include power”;

(f) in paragraph 38 (powers of water authorities), for the words “paragraph 2” there shall be substituted the words “section 145”; and

(g) in paragraph 39 (powers of water authorities)—

(i) in sub-paragraph (1), in the words before paragraph (a), for the words “paragraph 2” there shall be substituted the words “section 145”; and

(ii) in paragraph (a) of that sub-paragraph, for the words “the fisheries in their area” there shall be substituted the words “any fisheries”.

(15) In paragraph 9 of Part II of Schedule 4 (disqualification of offenders)—

(a) the words “and is subsequently convicted of any such offence” shall be omitted;

(b) for the words “or for fishing in a water authority area” there shall be substituted the words “for having his name entered on a licence in pursuance of paragraphs 9 to 14 of Schedule 2 to this Act or for fishing (either in a particular area or generally)”; and

(16) Section 181 of this Act shall apply in relation to any local inquiry under the said Act of 1975 as it applies in relation to local inquiries under this Act.

The Diseases of Fish Act 1983 (c. 30)

8

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

The Salmon Act 1986 (c. 62)

9

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

(2) In section 39(3) of that Act (areas in respect of which a review of certain salmon net fishing is to be made), the reference to the areas of the Yorkshire and Northumbrian water authorities shall be construed on and after the transfer date as a reference to the areas which, immediately before that date, were the areas of those authorities for the purposes of their functions relating to fisheries.

SCHEDULE 18

Compensation enactments

1

Subject to the following provisions of this Schedule, the enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under section 151 of this Act of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

Adaptation of the Compulsory Purchase Act 1965

2

(1) The Compulsory Purchase Act 1965 (in the following provisions of this Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory acquisition under section 151 of this Act of a right by the creation of a new right as it applies to the compulsory acquisition under that section of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under section 151 of this Act of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

Section 7 of the 1965 Act

3

For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

Section 8 of the 1965 Act

4

For subsection (1) of section 8 of the 1965 Act (protection for vendor against severance of house, garden, etc.) there shall be substituted the following subsections—

(1) No person shall be required to grant any right over part only— (a) of any house, building or manufactory; or (b) of a park or garden belonging to a house, if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determine that— (i) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory; or (ii) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house; and, if the Lands Tribunal so determine, the Tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden. (1A) In considering the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.

Effect of deed poll

5

The following provisions of the 1965 Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (refusal by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

Section 11 of the 1965 Act

6

Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.

Section 20 of the 1965 Act

7

Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under section 151 of this Act of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

Section 22 of the 1965 Act

8

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 19

Construction of Schedule

1

(1) In this Schedule references to a relevant pipe shall be construed—

(a) in relation to the Authority, as references to a resource main or discharge pipe;

(b) in relation to a water undertaker, as references to a water main (including a trunk main), resource main, discharge pipe or, subject to paragraph 4(2) below, service pipe;

(2) In this Schedule “relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; and in this sub-paragraph “waterworks” includes any relevant pipe and any spring, well, adit, borehole, service reservoir or tank.

(3) The powers conferred by this Schedule on a water undertaker or sewerage undertaker shall be exercisable both inside and outside the undertaker’s area and, in so far as they authorise the removal of any pipe or the alteration of its size or course, shall be subject to such obligations by virtue of which the undertaker is required to maintain a pipe or a connection with it, or to alter a pipe only where certain conditions are satisfied, as are imposed on the undertaker by or under any enactment.

(4) In this Schedule references to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe as the pipe replaced.

(5) Without prejudice to paragraph 1(2) of Schedule 10 to this Act, nothing in this Schedule shall authorise the installation of any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises where that apparatus is to be used for the purpose only of determining the amount of any charges fixed, or to be fixed, in relation to those premises wholly or partly by reference to the volume of that water or effluent.

(6) In this paragraph—

“discharge pipe” means a pipe from which discharges are or are to be made under paragraph 8 below;

“disposal main” means any outfall pipe or other pipe which— is a pipe for the conveyance of effluent to or from any sewage disposal works, whether of a sewerage undertaker or of any other person; and is not a public sewer; and

“resource main” means any pipe, not being a trunk main, which is or is to be used for the purpose of— conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or giving or taking a supply of water in bulk.

Street works

2

(1) Subject to the following provisions of this paragraph and to paragraph 3 below, the Authority, every water undertaker and every sewerage undertaker shall, for the purpose of carrying out its functions, have power—

(a) to lay a relevant pipe in, under or over any street and to keep that pipe there;

(b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in, under or over any street;

(c) to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(d) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a), (b) or (c) above, including for those purposes the following kinds of works, that is to say—

(i) breaking up or opening a street;

(ii) tunnelling or boring under a street;

(iii) breaking up or opening a sewer, drain or tunnel;

(iv) moving or removing earth and other materials.

(2) Without prejudice to the generality of sub-paragraph (1)(d) above, the Authority and every water undertaker shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes; and that power shall include power to attach any such notice to any building, fence or other structure which is comprised in premises abutting on the street.

(3) A stopcock fitted to any service pipe in a street shall be situated as near as reasonably practicable to the boundary of the street; and the Authority or a water undertaker shall consult with the highway authority concerned before determining in accordance with this sub-paragraph where to fit a stopcock in a highway.

(4) It shall be the duty of the Authority, of every water undertaker and of every sewerage undertaker—

(a) to do as little damage as possible in the exercise of the powers conferred on it by this paragraph; and

(b) to pay compensation for any loss caused or damage done in the exercise of those powers.

(5) Any dispute as to whether compensation should be paid under sub-paragraph (4) 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 parties to the dispute or, in default of agreement, by the Secretary of State.

(6) For the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) a payment of compensation under sub-paragraph (4) above shall be treated as made under an enactment passed before that Act.

(7) Where a water undertaker exercises its powers under this paragraph for the purpose of carrying out works of maintenance, repair or renewal in relation to a service pipe belonging to a person other than the undertaker, the undertaker shall be entitled to recover from the occupier of the premises supplied by means of that pipe the expenses reasonably incurred by that undertaker in so exercising that power.

(8) The reference in section 20 of the Highways Act 1980 (works in special roads) to a power under any enactment to lay down or erect apparatus includes a reference to any power to lay any pipe which is conferred by this paragraph.

(9) The restrictions contained in paragraphs (1) to (5) of section 32 of the Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by this paragraph as they apply in relation to the powers mentioned in that section and as if references in that section to a tramway included references to a trolley vehicle system.

3

(1) Subject to the following provisions of this paragraph and without prejudice to section 160 of this Act, the powers conferred by paragraph 2 above to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—

(a) is under the control or management of, or is maintainable by, a railway company or navigation authority; or

(b) forms part of a level crossing belonging to such a company or authority or to any other person,

except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by paragraph 2 above for the carrying out of emergency works, within the meaning of the Public Utilities Street Works Act 1950.

(3) A consent given for the purposes of this paragraph may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) If the Authority or any water undertaker or sewerage undertaker contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph “railway company” means the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway.

Powers in relation to other land

4

(1) Subject to the following provisions of this paragraph, the Authority, every water undertaker and every sewerage undertaker shall, for the purpose of carrying out its functions, have power—

(a) to lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there;

(b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land;

(c) to carry out on any such land all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(d) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a), (b) or (c) above.

(2) Nothing in sub-paragraph (1) above shall authorise a water undertaker to lay a service pipe in, on or over any land except where—

(a) there is already a service pipe where that pipe is to be laid; or

(b) the undertaker is required to lay the pipe in, on or over that land by virtue of subsection (3)(b) or (c) or (4) of section 42 of this Act.

(3) The power conferred by virtue of paragraph (b) of sub-paragraph (1) above, and the power conferred in relation to that paragraph by virtue of paragraph (d) of that sub-paragraph, shall be exercisable in relation to a service pipe irrespective of the person to whom the pipe belongs; but expenses incurred in exercising those powers in relation to any pipe shall be recoverable from the person to whom the pipe belongs only if and to the extent that that person has agreed to pay them.

(4) The powers conferred by this paragraph shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.

(5) Subject to sub-paragraph (6) below, in relation to any exercise of the powers conferred by this paragraph for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of sub-paragraph (4) above shall be deemed—

(a) where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and

(b) where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.

(6) Sub-paragraph (5) above shall not apply in the case of any notice given within the period of one year beginning with the transfer date or in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—

(a) laying or altering a service pipe; or

(b) complying with a duty imposed under section 40 or 71 of this Act.

Stopcocks

5

(1) Subject to sub-paragraph (2) below and without prejudice to paragraph 4 above, a water undertaker shall have power, at its own expense, to fit a stopcock to any service pipe by which a supply of water is or is to be provided to any premises by the undertaker, whether that pipe belongs to the undertaker or to any other person.

(2) A stopcock fitted in private premises by a water undertaker to any service pipe shall be situated as near as practicable to any street from which that pipe enters those premises.

Compensation for works other than street works

6

(1) If the value of any interest in any relevant land is depreciated by virtue of the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the person entitled to that interest shall be entitled to compensation from the Authority or, as the case may be, the undertaker of an amount equal to the amount of the depreciation.

(2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

(a) is attributable to the exercise by the Authority or by any water undertaker or sewerage undertaker of any power conferred by virtue of paragraph 4 or 5 above;

(b) does not consist in depreciation of the value of that interest; and

(c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 151 of this Act,

he shall be entitled to compensation from the Authority or, as the case may be, the undertaker in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

(3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the Authority or, as the case may be, the undertaker shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

(4) Any question of disputed compensation under this paragraph, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(5) For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(6) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (5) above is subject to a mortgage—

(a) the compensation shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

(7) Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under this paragraph to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—

(a) is contiguous or adjacent to that land; and

(b) is land to an interest in which that person is entitled in the same capacity.

(8) The Secretary of State may by regulations make provision requiring the Authority or any water undertaker or sewerage undertaker, where it is proposing or has begun to exercise any power conferred by virtue of paragraph 4 or 5 above in a prescribed case, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.

(9) In this paragraph “relevant land”, in relation to any exercise of a power conferred by virtue of paragraph 4 or 5 above, means the land where the power is exercised or land held with that land.

Works below high water mark

7

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