Water Act 2003

(51A) (1) Subject to subsections (2) and (10) below, a water undertaker may agree with any person constructing or proposing to construct— (a) any water main; or (b) any service pipe, that, if the water main or service pipe is constructed in accordance with the terms of the agreement, the undertaker will, upon completion of the work, at some specified date or on the happening of some future event, declare the water main or (as the case may be) so much of the service pipe as the undertaker could otherwise, by virtue of sections 45 to 51 above, be required to lay, to be vested in that undertaker. (2) Subsection (1) above shall not apply in the case of water mains or service pipes which are to be used (in whole or in part) for the purpose of supplying water other than for domestic purposes, but— (a) nothing in this section shall prevent a water undertaker from agreeing apart from this section to declare any such water main or service pipe (or a part of it, as specified in the agreement) to be vested in the undertaker; and (b) such a declaration shall take effect as a declaration made under this Chapter. (3) A person constructing or proposing to construct a water main or a service pipe to which subsection (1) above applies may make an application in writing to a water undertaker requesting the undertaker to make an agreement under this section. (4) An application under subsection (3) above shall be accompanied and supplemented by all such information as the undertaker may reasonably require; but subject to subsection (5) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application. (5) Where— (a) a person who has made an application to a water undertaker under subsection (3) above has failed to comply with his obligation under this section to supplement that application with information required by the undertaker; and (b) that requirement was made by the undertaker at such a time before the end of the period within which the undertaker is required, by virtue of section 51B below, to respond to the application as gave that person a reasonable opportunity to provide the required information within that period, the undertaker may delay its response to the application until a reasonable time after the required information is provided. (6) In deciding whether or on what terms to grant an application under subsection (3) above, a water undertaker shall have regard in particular to any effect or potential effect on the quality of water supplies and to any increased danger to life or health which it considers may result. (7) The terms of an agreement under subsection (1) above relating to a water main may, in particular, include terms— (a) for the provision (at the expense of the person constructing or proposing to construct the water main) by— (i) that person; or (ii) the water undertaker, of such associated infrastructure at or downstream of the point of connection with the undertaker’s supply system as it is necessary to provide in consequence of incorporating the new water main into that system; (b) providing that, if the water main and the associated infrastructure are constructed in accordance with the terms of the agreement, the undertaker will, in addition to declaring the water main to be vested in it, declare the associated infrastructure to be so vested; (c) where the undertaker considers that the proposed main is, or is likely to be, needed for the provision of water supply services in addition to those for which the person is proposing to construct the main— (i) requiring that person to construct the main in a manner differing, as regards material or size of pipes, depth or otherwise, from the manner in which that person proposes, or could otherwise be required by the undertaker, to construct it; and (ii) providing for the repayment by the undertaker of any extra expense reasonably incurred by that person in complying with that requirement; (d) for the connection of the new water main to the undertaker’s existing supply system at the point or points specified in the agreement; (e) for any service pipes which the person constructing or proposing to construct the new water main proposes to connect to that main to be constructed in accordance with the terms of the agreement and, subject to that, to be vested in the undertaker at the same time as the main. (8) The terms of an agreement under subsection (1) above relating to a service pipe may, in particular, include terms— (a) for the connection of the new service pipe to the undertaker’s existing supply system at the point or points specified in the agreement; (b) for such requirements of the kind referred to in section 47(2) above as may be applicable to be complied with before connection takes place. (9) An agreement made under this section by a water undertaker shall be enforceable against the undertaker by the owner or occupier for the time being of any premises connected or to be connected with the water main or service pipe to which it relates. (10) A water undertaker shall not make an agreement under this section with respect to a water main or a service pipe situated within the area of another water undertaker, until either— (a) that other undertaker has consented in writing to the making of the agreement; or (b) the Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose. (51B) (1) Subject to section 51A(5) above, a person constructing or proposing to construct a water main or service pipe may appeal to the Authority where the water undertaker— (a) has refused an application under section 51A above; (b) has offered to grant such an application on terms to which that person objects; or (c) has failed, before the end of two months from the making of such an application, either to refuse the application or to give notice to the applicant of the terms on which it is prepared to grant the application. (2) On the hearing of an appeal under this section, the Authority may— (a) uphold the refusal of the undertaker to grant the application or to modify the terms offered; or (b) on behalf of the undertaker, refuse the application or enter into any agreement into which the undertaker might have entered on the application. (3) Where the Authority makes an agreement under subsection (2)(b) above on behalf of a water undertaker, it may do so on such terms as it considers reasonable or, as the case may be, on the terms offered by the undertaker subject to such modifications as it considers appropriate for ensuring that the terms of the agreement are reasonable. (4) An agreement entered into on behalf of a water undertaker under subsection (2)(b) above shall be deemed, for the purposes of this Act, to have been entered into under section 51A above. (5) In deciding on an appeal under this section, the Authority may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the Authority) as it thinks fit, and any such provision as to costs or expenses shall be enforceable as if it were a judgment of a county court. (51C) (1) This section applies where an agreement is, or is to be, entered into under section 51A above in relation to a water main (“the adopted main”) by, or on behalf of, a water undertaker and a person constructing or proposing to construct that water main. (2) Where this section applies, the water undertaker may, as a condition of the undertaker’s compliance with the agreement, require that person to pay to it the costs mentioned in subsection (3) below. (3) The costs are those reasonably incurred by the undertaker in connection with the adopted main equivalent to the costs referred to in section 43(4)(a) and (b) above, as if references there (and in section 43(5)) to the provision of the new main were references to the incorporation of the adopted main into the undertaker’s supply system. (4) For the purposes of any payment required to be made by virtue of subsection (2) above, the water undertaker may require the person to provide such security as it may reasonably request, and the provisions of subsections (4) and (5) of section 42 above shall apply to any security so required as they apply to security required under that section. (5) Where this section applies, the water undertaker shall pay to the person referred to in subsection (1) above, upon declaring the water main to be vested in the undertaker, a sum equal to the discounted offset amount. (6) For the purposes of subsection (5) above, the discounted offset amount is the sum of the estimated offsets for each of the twelve years following the vesting in the undertaker of the water main, in each case discounted in accordance with subsection (9) below. (7) The estimated offset for any year is the lesser of— (a) the estimated revenue (if any) in respect of the adopted main for that year; and (b) the annual borrowing costs of a loan of the amount required for the provision of that main. (8) The amounts referred to in paragraphs (a) and (b) of subsection (7) above shall be calculated in accordance with the provisions of subsections (3) to (5) of section 43A above as if the adopted main had been provided in pursuance of a water main requisition (as defined in section 43 above). (9) The estimated offset for a year shall be discounted in order to determine its net present value by applying such factor, and in accordance with such other provision, as may be determined by the Authority. (10) A determination made by the Authority for the purposes of subsection (9) above— (a) may be made in relation to a particular water main or in relation to water mains generally; and (b) may be revoked at any time except in relation to an adopted main in respect of which the agreement referred to in subsection (1) above has already been made. (11) Any dispute between the water undertaker and the other person as to the payments required to be made or the security required to be provided by virtue of this section may be referred to the Authority for determination under section 30A above by either party to the dispute. (51D) (1) Where a person (other than a water undertaker) constructs a water main or service pipe which is to be used, in whole or in part, for supplying water for domestic or food production purposes, no water undertaker may permit that water main or service pipe to become connected with its supply system unless it vests (to the relevant extent) in a water undertaker. (2) In subsection (1) above, “the relevant extent” means the extent specified in the agreement for the vesting in the undertaker of the water main or service pipe in question. (3) The prohibition imposed on a water undertaker by subsection (1) above shall be enforceable under section 18 above by the Authority. (51E) (1) For the purposes of sections 51A to 51D above, the definition of “water main” in section 219(1) below shall be treated as if the words “not being a pipe for the time being vested in a person other than the undertaker” were omitted. (2) In sections 51A to 51C above, references to so much of the service pipe as the undertaker could otherwise, by virtue of sections 45 to 51 above, be required to lay shall be construed disregarding section 46(8) above. (3) In this Act, references to vesting or the making of a declaration of vesting with respect to a service pipe refer to so much of the service pipe as is specified for those purposes in the relevant vesting agreement.

• (2) In section 45 of the WIA (duty to make connections with main), after subsection (1) there is inserted—

(1A) In relation to service pipes which do not belong to or fall to be laid by the undertaker— (a) subsection (1) above is subject to section 51D(1) below; and (b) any such service pipe which is to vest in the undertaker by virtue of an agreement under section 51A below shall be connected to one of the undertaker’s water mains subject to and in accordance with the terms of that agreement.

• (3) In section 47 of the WIA (conditions of connection with water main), in subsection (2), for sub-paragraph (i) of paragraph (d) there is substituted—

(i) subject to section 51D(1) below, so much of the service pipe to the relevant premises as does not belong to, vest in or fall to be laid by the undertaker; and

.

• (4) After subsection (2) of section 179 of the WIA (vesting of works in undertaker) there is inserted—

(2A) In addition to the water mains and service pipes which vest in a water undertaker by virtue of subsection (1) above, every water main and so much of each service pipe with respect to which a declaration of vesting made by a water undertaker under Chapter 2 of Part 3 of this Act takes effect shall also vest in that undertaker.

• (5) After subsection (1) of section 198 of the WIA (maps of waterworks) there is inserted—

(1A) Subject to subsection (4) below, it shall also be the duty of every water undertaker to keep records of the location and (in the case of a water main) other relevant particulars of— (a) every water main in relation to which a declaration of vesting has been made by the undertaker under Chapter 2 of Part 3 of this Act but has not taken effect; and (b) every water main which is the subject of any agreement to make such a declaration which has been entered into by (or on behalf of) the undertaker. (1B) For the purposes of this section the other relevant particulars of a water main are (in addition to its location) particulars of whether it is a water main in relation to which a declaration has been made under Chapter 2 of Part 3 of this Act or a water main which is the subject of an agreement to make such a declaration.

;

and, in subsection (4) of that section, after “subsection (1)” there is inserted “ or (1A) ”.

• (6) In section 219 of the WIA (general interpretation), in subsection (1), in the definition of “service pipe”, after “below” there is inserted “ and to section 51E(3) above ”.

• (7) The amendments of the WIA made by this section do not apply in respect of any water main or service pipe the construction of which was begun before the coming into force of this section.

Sewers and drains

Requisition and adoption of sewers

93

• (1) In section 99 of the WIA (financial conditions of compliance with sewer requisition)—

• (a) in subsection (2), for paragraph (a) there is substituted—

(a) bind the person or persons mentioned in that subsection to pay to the undertaker either (at the election of such person or persons)— (i) in respect of each of the twelve years following the provision of the sewer, an amount not exceeding the relevant deficit (if any) for that year on that sewer; or (ii) following provision of the sewer, a single amount not exceeding the discounted aggregate deficit on that sewer; and

,

• (b) in subsection (6), for the words from “shall be referred” to the end there is substituted “ may be referred to the Authority for determination under section 30A above by either party to the dispute. ”,

• (c) for subsection (7) there is substituted—

(7) In this section “relevant deficit” and “discounted aggregate deficit” have the meanings given by sections 100 and 100A below, respectively.

• (2) In section 100 of the WIA (calculation of “relevant deficit” for the purposes of section 99), in subsection (8), in paragraph (b), for “that has already been provided” there is substituted “ in respect of which the conditions referred to in section 99(1) above have already been satisfied. ”.

• (3) After section 100 of the WIA there is inserted—

(100A) (1) For the purposes of section 99 above the discounted aggregate deficit on a public sewer is the amount equal to the sum of the estimated relevant deficits for each of the twelve years following the provision of the sewer, in each case discounted in accordance with subsection (6) below. (2) The estimated relevant deficit for any year is the amount (if any) by which the estimated drainage charges payable for the use during that year of that sewer would be exceeded by the annual borrowing costs of a loan of the amount required for the provision of that sewer. (3) Subsections (2) to (6), (8) and (9) of section 100 above (which relate to the annual borrowing costs of a loan of the amount required for the provision of a public sewer) shall apply for the purposes of this section as they apply for the purposes of that section. (4) Any reference in this section to the estimated drainage charges payable for the use during any year of any sewer is a reference to so much of the aggregate of any charges expected to be payable to the sewerage undertaker for the provision of services in the course of that year as would represent charges— (a) imposed by the undertaker in relation to such of the premises with which the sewer is expected to be connected as are premises where there are buildings; and (b) reasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purposes from those premises. (5) For the purposes of subsection (4) above, a thing is expected to be the case if, at the time the relevant calculation is made, it is reasonably likely to occur. (6) The estimated relevant deficit for a year mentioned in subsection (1) above shall be discounted in order to determine its net present value by applying such factor, and in accordance with such other provision, as may be determined by the Authority. (7) A determination made by the Authority for the purposes of subsection (6) above— (a) may be made in relation to the provision of a particular public sewer or in relation to the provision of public sewers generally; and (b) may be revoked at any time except in relation to a public sewer in respect of which the conditions referred to in section 99(1) above have already been satisfied.

• (4) The amendments made by subsections (1) to (3) of this section do not apply in respect of public sewer requisitions (as defined in section 100(9) of the WIA) for which notice has been served under section 98(1) of that Act before commencement of the subsection in question.

Provision of public sewers otherwise than by requisition

94

In section 101A of the WIA (which imposes a duty on sewerage undertakers to provide sewers for certain premises whose drainage gives rise to adverse environmental effects), in subsection (2)—

• (a) in paragraph (a), the words from “each of which” to the end of the paragraph are omitted, and

• (b) in paragraph (c), “in respect of which the condition specified in paragraph (a) above is satisfied” is omitted.

Requisition of lateral drains

95

• (1) Section 98 of the WIA (duty to comply with sewer requisition) is amended as provided in subsections (2) to (5).

• (2) After subsection (1) there is inserted—

(1A) It shall be the duty of a sewerage undertaker (in accordance with section 101 below) to provide a lateral drain to communicate with a public sewer and to be used for the drainage for domestic purposes of premises in its area if— (a) the undertaker is required to provide the lateral drain by a notice served on the undertaker by one or more of the persons who under subsection (2A) below are entitled to require the provision of the lateral drain; (b) the premises the drainage of which would be by means of that lateral drain are— (i) premises on which there are buildings; or (ii) premises on which there will be buildings when proposals made by any person for the erection of any buildings are carried out; and (c) the conditions specified in section 99 below are satisfied in relation to that requirement.

• (3) After subsection (2) there is inserted—

(2A) Each of the following persons shall be entitled to require the provision of a lateral drain, that is to say— (a) the owner of the premises the drainage of which would be by means of that lateral drain; (b) the occupier of those premises; (c) any local authority within whose area those premises are situated; (d) where those premises are situated in a new town, within the meaning of the New Towns Act 1981— (i) the Commission for the New Towns; and (ii) the development corporation for the new town; and (e) where those premises are situated within an area designated as an urban development area under Part 16 of the Local Government, Planning and Land Act 1980, the urban development corporation.

• (4) In subsection (3)—

• (a) after “public sewer” there is inserted “ or, as the case may be, a lateral drain ”,

• (b) after “of the sewer” there is inserted “ or lateral drain ”.

• (5) In subsection (5)—

• (a) the words “in a particular locality” are omitted,

• (b) in paragraph (a), for “premises in that locality” there is substituted “ those premises ”,

• (c) in paragraph (b), for “premises in the locality” there is substituted “ those premises ”.

• (6) In section 99 of the WIA (financial conditions of compliance)—

• (a) in subsection (1)—

• (i) after “98(1)(c)” there is inserted “ or 98(1A)(c) ”,

• (ii) after “sewer”, in both places, there is inserted “ or (as the case may be) lateral drain ”,

• (iii) in paragraph (a), after “subsection (2)” there is inserted “ or, as the case may be, subsection (2A) ”,

• (b) after subsection (2) there is inserted—

(2A) The undertakings which a sewerage undertaker may require for the purposes of subsection (1) above in respect of any lateral drain are undertakings which— (a) bind the person or persons mentioned in that subsection to pay to the undertaker, following provision of the lateral drain, on such terms as may be specified in the undertaking, an amount not exceeding the costs reasonably incurred in or in connection with the provision of the lateral drain; and (b) in the case of undertakings binding two or more persons, bind them either jointly and severally or with liability apportioned in such manner as they may agree.

,

• (c) for subsection (3) there is substituted—

(3) For the purposes of subsection (1)(b) above a person may be required to secure his undertakings in relation to the provision of a public sewer or, as the case may be, a lateral drain if— (a) it was by virtue of section 98(2)(a) or (b) or (as the case may be) section 98(2A)(a) or (b) above that he required, or joined in requiring, the provision of the sewer or drain; and (b) he is not a public authority.

,

• (d) for paragraph (a) of subsection (5) there is substituted—

(a) may be given or made in relation to the provision of a particular public sewer or (as the case may be) lateral drain, in relation to the provision of sewers or lateral drains of a particular description or in relation to the provision of public sewers or lateral drains generally; and

.

• (7) For section 101 of the WIA (determination of completion date and route for requisitioned sewer) there is substituted—

(101) (1) A sewerage undertaker shall not be in breach of a duty imposed by section 98 above in relation to any locality or (in the case of a lateral drain) in relation to any premises unless— (a) the period of six months beginning with the relevant day has expired; and (b) the sewerage undertaker has not, before the end of that period, so laid (as the case may be)— (i) the public sewer to be provided as to enable drains and private sewers to be used for the drainage of premises in the locality to communicate with the public sewer; or (ii) the lateral drain to be provided as to enable the drain to be used for the drainage of premises to communicate with a public sewer vested in that undertaker, at the place or places determined under subsection (3) below. (2) The period mentioned in subsection (1)(a) above may be extended— (a) by agreement between the undertaker and the person or persons who required the provision of the public sewer or, as the case may be, lateral drain; or (b) where there is a dispute as to whether the period should be extended, by the Authority on a reference under subsection (4) below. (3) The places mentioned in subsection (1)(b) above shall be— (a) such place or places as are determined by agreement between the sewerage undertaker and the person or persons who required the provision of the public sewer or, as the case may be, lateral drain; or (b) in default of agreement, such place or places as are determined by the Authority on a reference under subsection (4) below to be the place or places at which it is reasonable, in all the circumstances— (i) in relation to the provision of a public sewer, for drains or private sewers to be used for the drainage of premises in the locality in question to communicate with the public sewer; or (ii) in relation to the provision of a lateral drain— (a) for the lateral drain to communicate with a public sewer vested in the undertaker; and (b) for the remainder of the drain of which the lateral drain forms part to connect with the lateral drain. (4) A reference for the purposes of subsection (2) or (3) above may be made to the Authority for determination under section 30A above by either party to the dispute. (5) In this section “relevant day”, in relation to a requirement to provide a public sewer for any locality or, as the case may be, a lateral drain, means the day after whichever is the later of the following— (a) the day on which the conditions specified in section 99 above are satisfied in relation to the requirement; and (b) the day on which the place or places where (as the case may be)— (i) drains or private sewers to be used for the drainage of premises in that locality will communicate with the public sewer; or (ii) the lateral drain will communicate with a public sewer and the remainder of the drain will connect with the lateral drain, are determined under subsection (3) above.

• (8) The substitution, by subsection (7), of section 101 of the WIA does not apply in respect of requirements notified under section 98 of the WIA before subsection (7) comes into force.

• (9) After section 101A of the WIA there is inserted—

(101B) (1) Where a sewerage undertaker provides a public sewer pursuant to a duty to do so imposed on it by section 98 or section 101A above, the undertaker may, at the request of the person mentioned in subsection (2) below, also provide at the same time one or more lateral drains to be used for the drainage for domestic purposes of premises in its area and to communicate with that sewer. (2) A request under subsection (1) above may be made— (a) in the case of a public sewer to be provided under section 98 above, by the person who requires the provision of the sewer under that section; and (b) in the case of a public sewer to be provided under section 101A above, by the owner or occupier of any premises in respect of which the duty to provide the sewer arises under that section (but any request may only be for the provision of a lateral drain to his premises). (3) The person making a request under this section shall pay to the water undertaker, following provision of the lateral drain, the costs reasonably incurred in or in connection with providing that drain. (4) Any dispute between the sewerage undertaker and the person making a request under this section as to— (a) whether a lateral drain should be provided pursuant to the request; or (b) the costs reasonably incurred in the provision of a lateral drain, may be referred to the Authority for determination under section 30A above by either party to the dispute. (5) Any lateral drain provided pursuant to a request made to a sewerage undertaker under this section shall belong to the undertaker.

• (10) Section 101B of the WIA (as inserted by subsection (9)) does not apply in respect of a public sewer to be provided pursuant to—

• (a) a requirement notified under section 98 of that Act before the coming into force of subsection (9), or

• (b) a duty under section 101A of that Act which the sewerage undertaker had accepted, or the Environment Agency had determined, it was under before the coming into force of subsection (9).

Adoption of lateral drains

96

• (1) In section 102 of the WIA (adoption of sewers and disposal works)—

• (a) in subsection (1), the word “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa) any lateral drain which communicates or is to communicate with a public sewer which— (i) is so situated or serves the whole or any part of that area; and (ii) is vested in that undertaker; or

,

• (b) in subsection (2), after “sewer” in both places there is inserted “ , lateral drain ”,

• (c) in subsection (4), in paragraph (a), after “sewer” there is inserted “ , lateral drain ”,

• (d) in subsection (5)—

• (i) in paragraph (b), after “sewer” there is inserted “ or lateral drain ”,

• (ii) in paragraph (c), after “sewer” there is inserted “ or lateral drain ”,

• (iii) in paragraph (d), after “sewer” there is inserted “ , lateral drain ”,

• (e) in subsection (6), after “sewer” in both places there is inserted “ or lateral drain ”.

• (2) In section 103 of the WIA (adoption of cross-border sewers etc)—

• (a) in subsection (1), the word “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa) any lateral drain which is situated within the area of another sewerage undertaker or which, though situated within its own area, communicates or is to communicate with a public sewer which is situated within or serves the whole or any part of the area of another sewerage undertaker; or

,

• (b) for subsection (3) there is substituted—

(3) Where— (a) a sewer (or part of a sewer) or a lateral drain is vested, or any sewage disposal works are vested, in a relevant body; and (b) in the case of a sewer, part of a sewer, lateral drain or works vested in railway undertakers or dock undertakers, the sewer, part or lateral drain in question is, or the works are, situated in or on land belonging to those undertakers and held or used by them for the purposes of their undertaking, a sewerage undertaker shall not make a declaration under section 102 above with respect to (as the case may be) the sewer, or part of it, or the lateral drain or the works, except on the application of the relevant body concerned.

,

• (c) in subsection (4), in paragraph (a), after “sewer” there is inserted “ or lateral drain ”.

• (3) Sections 102 and 103 of the WIA (adoption of sewers etc), as amended by subsections (1) and (2) above, do not apply to any lateral drains (as mentioned in those sections) the construction of which was completed before the coming into force of subsections (1) and (2) above.

• (4) Section 104 of the WIA (agreements to adopt sewer etc at future date) is amended as follows—

• (a) for subsection (1) there is substituted—

(1) Subject to subsection (7) and section 146(3) below, a sewerage undertaker may agree with— (a) any person constructing or proposing to construct— (i) any sewer; (ii) any drain which is intended to communicate with a public sewer vested in that undertaker; or (iii) any sewage disposal works; or (b) any person at whose expense the undertaker is, by virtue of an agreement under section 160 below, to carry out work in connection with the construction of such a drain or sewer, that, if the sewer, drain or sewage disposal works is or are constructed in accordance with the terms of the agreement, the undertaker will, upon completion of the work, at some specified date or on the happening of some future event, declare the sewer or such part of the drain as constitutes the lateral drain or the works (as the case may be) to be vested in that undertaker.

,

• (b) in subsection (2), for “constructing or proposing to construct a sewer” there is substituted “ mentioned in paragraph (a) or (b) of subsection (1) above ”,

• (c) in subsection (5), after “sewer” there is inserted “ , lateral drain ”,

• (d) subsection (6) is omitted,

• (e) after subsection (6) there is inserted—

(6A) Without limiting the terms which may be included in an agreement under this section, the terms of an agreement which relates to a drain may include in particular— (a) identification of that part of the drain which constitutes the lateral drain for the purposes of the agreement and, in particular, the point or points of connection between that part and the remainder of the drain; (b) a requirement for the installation of an inspection chamber, at the expense of the person with whom the sewerage undertaker is to make the agreement, at a place specified in the agreement; (c) provision, if the inspection chamber is constructed in accordance with the terms of the agreement, for the undertaker to declare that the inspection chamber be vested in the undertaker at the same time as the lateral drain; and (d) provision for the lateral drain, once vested in the undertaker, to communicate with a public sewer at the place or places specified in the agreement.

,

• (f) for subsection (7) there is substituted—

(7) A sewerage undertaker shall not make an agreement under this section with respect to— (a) a sewer, drain or sewage disposal works situated within the area of another sewerage undertaker; or (b) a drain which is intended to communicate with a sewer which— (i) is so situated; or (ii) is vested in another sewerage undertaker, until one of the conditions mentioned in subsection (8) below is satisfied. (8) The conditions are— (a) that other undertaker has consented to the making of the agreement; or (b) the Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.

• (5) In section 105 of the WIA (appeals with respect to adoption)—

• (a) in subsection (1), after “sewer” there is inserted “ , lateral drain ”,

• (b) in subsection (3), after “sewer” there is inserted “ , lateral drain ”.

Requisitioning and adoption of lateral drains: supplementary

97

• (1) The WIA is amended as follows.

• (2) In section 36 (interpretation of Part 2 of the WIA)—

• (a) in subsection (3)(b)(i), after “sewer” there is inserted “ or drain ”,

• (b) for the definition of “relevant sewer” in subsection (4) there is substituted—

“relevant sewer or drain”, in relation to any appointment or variation which would replace a company as a sewerage undertaker, means any of the following, that is to say— (a) a public sewer or lateral drain vested in that company; (b) a sewer or lateral drain in relation to which that company has made a declaration of vesting under section 102 below which has not yet taken effect; (c) a sewer or lateral drain in relation to which that company has entered into an agreement under section 104 below.

• (3) In section 94 (general duty to provide sewerage system), in paragraph (a) of subsection (1), after “those sewers” there is inserted “ and any lateral drains which belong to or vest in the undertaker ”.

• (4) In section 158 (powers to lay pipes in streets), for paragraph (b) of subsection (7) there is substituted—

(b) in relation to a sewerage undertaker, as references to— (i) any sewer or disposal main; or (ii) in relation to the exercise of a power to lay a pipe under paragraph (a) of subsection (1) above or a power related to that power under paragraph (c) of that subsection, any lateral drain which the undertaker is to lay by virtue of section 98 or 101B above; or (iii) in relation to the exercise of any other power under subsection (1) above, any lateral drain which belongs to or is vested for the time being in the undertaker.

• (5) In section 159 (power to lay pipes in other land), in subsection (7), at the end there is added “ (reading references there to subsection (1) as references to subsection (1) of this section). ”.

• (6) In section 171 (entry for sewerage purposes), in subsection (3), for “a private drain or sewer” there is substituted “ a drain or private sewer ”.

• (7) In section 179 (vesting of works in undertaker)—

• (a) in paragraph (a) of subsection (2), after “sewer” there is inserted “ , lateral drain ”,

• (b) in subsection (7), in paragraph (b) of the definition of “relevant pipe”, after “sewer” there is inserted “ , lateral drain ”.

• (8) In section 199 (sewer maps), in subsection (1)—

• (a) in paragraph (a), after “sewer” there is inserted “ , lateral drain ”,

• (b) in paragraph (b), after “sewer” there is inserted “ or lateral drain ”.

• (9) In section 219 (general interpretation)—

• (a) in subsection (1), after the definition of “inland waters” there is inserted—

“lateral drain” means— (a) that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate; or (b) (if different and the context so requires) the part of a drain identified in a declaration of vesting made under section 102 above or in an agreement made under section 104 above;

,

• (b) in subsection (3), after “sewer,” there is inserted “ lateral drain, ”.

• (10) In Schedule 12 (compensation etc in respect of pipe-laying and other works powers), in sub-paragraph (5) of paragraph 4, after “sewer” there is inserted “ , lateral drain ”.

Schemes for the adoption of sewers, lateral drains and sewage disposal works

98

After section 105 of the WIA there is inserted—

(105A) (1) The Secretary of State may by regulations provide for him to make schemes for the adoption by sewerage undertakers of sewers, lateral drains and sewage disposal works of the descriptions set out in paragraphs (a), (aa) and (b) of section 102(1) above. (2) The regulations may require sewerage undertakers to prepare draft schemes and to submit them to the Secretary of State. (3) Each scheme shall relate to— (a) the area of a sewerage undertaker, or part or parts of it; or (b) the areas of more than one sewerage undertaker, or part or parts of them. (4) It shall be the duty of a sewerage undertaker, in specified circumstances, to exercise its powers under section 102 above with a view to making the declaration referred to in subsection (1) of that section in relation to sewers, lateral drains or sewage disposal works which— (a) fall within the area to which a scheme relates; and (b) satisfy specified criteria. (5) The circumstances and the criteria shall each be— (a) specified in the regulations; or (b) determined in accordance with the regulations and specified in the scheme. (6) In relation to the exercise of those powers pursuant to that duty— (a) section 102 above shall have effect— (i) with the omission of subsections (2), (5) and (7); (ii) as if in subsection (1) the words “sections 103, 105 and 146(3) below” read “section 105B below”; (iii) with the omission of the words “or application” in subsection (3); (iv) as if for subsection (4)(a) there were substituted— (a) shall give notice of its proposal to the owner or owners of the sewer, lateral drain or works in question unless, after diligent enquiry, he or they cannot be traced; (aa) shall publish notice of its proposal in the prescribed manner; and (v) as if in subsection (4)(b) “two months” read “two months or, if longer, the period specified by virtue of section 105B(5) below” and “section 105 below” read “section 105B(4) or (5) below, or”; and (vi) as if section 96(3) of the Water Act 2003 did not apply; (b) sections 103 and 105 above shall not apply; and (c) if the regulations so provide, section 146(3) below shall not apply in circumstances or cases specified in the regulations. (7) A duty imposed on a sewerage undertaker under subsection (4) above shall be enforceable by the Secretary of State under section 18 above. (8) A statutory instrument containing regulations under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (105B) (1) Any person falling within subsection (2) below may appeal to the Authority if he is aggrieved by— (a) the proposal of a sewerage undertaker to make a declaration under section 102 above in relation to a sewer, lateral drain or sewage disposal works, pursuant to the undertaker’s duty to do so under section 105A(4) above (the “relevant duty”); or (b) the failure of a sewerage undertaker to make such a proposal pursuant to that duty. (2) The persons referred to are— (a) an owner of a sewer, lateral drain or sewage disposal works; (b) any other person affected by the proposal, or the failure, in question. (3) The grounds upon which a person may appeal are— (a) in a subsection (1)(a) case, that the relevant duty is not owed in relation to the sewer, lateral drain or sewage disposal works, or that the making of the proposed declaration would be seriously detrimental to him; (b) in a subsection (1)(b) case, that the relevant duty is owed in relation to the sewer, lateral drain or sewage disposal works; or (c) any other prescribed ground. (4) An appeal under subsection (1)(a) above shall be made within two months after notice of the proposal is— (a) served on the owner of the sewer, lateral drain or sewage disposal works; or (b) published in accordance with section 102(4) above as modified by section 105A(6) above, (or, if both occur, within two months after whichever is the later). (5) An appeal under subsection (1)(b) above shall be made within such period as is specified in the scheme (not being less than two months). (6) On the hearing of an appeal under subsection (1) above, the Authority may— (a) in a subsection (1)(a) case, allow or disallow the proposal of the sewerage undertaker; or (b) in a subsection (1)(b) case, determine that the undertaker was not under the relevant duty in relation to the sewer, lateral drain or sewage disposal works in question, or, in either case, make any declaration that the sewerage undertaker might have made, unless the proposal is disallowed. (7) If, in a subsection (1)(a) case, the Authority finds that the making of the proposed declaration would be seriously detrimental to the appellant, it shall disregard any duty on the part of the sewerage undertaker to make the proposal for the purpose of determining whether to allow or disallow the proposal. (8) If, in a subsection (1)(a) case, the Authority disallows the proposal of the sewerage undertaker, the scheme pursuant to which it was made shall have effect as if there were no duty under section 105A(4) above on the sewerage undertaker in relation to the sewer, lateral drain or sewage disposal works in question. (9) Where the Authority makes a declaration under subsection (6) above, it may, if it thinks fit— (a) specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and (b) direct that its declaration shall not take effect unless any conditions so specified are accepted. (10) A declaration made under subsection (6) above shall have the same effect as if it had been made by the undertaker. (11) The Secretary of State may by regulations make further provision in connection with appeals under this section. (12) The regulations may, in particular, require the Authority to have regard to prescribed matters when determining an appeal under this section. (105C) (1) The Secretary of State may vary any scheme, or revoke it. (2) Before making regulations or any scheme under section 105A above, and before amending or revoking the regulations or varying or revoking a scheme, the Secretary of State shall consult— (a) each sewerage undertaker which would be affected; (b) the Authority; (c) the Council; (d) such other persons as the Secretary of State considers appropriate. (3) The Secretary of State shall publish each scheme he makes, and any such scheme as varied, in the way he considers best for the purpose of bringing it to the attention of those likely to be affected by it.

Communication with public sewers

99

• (1) Section 106 of the WIA (right to communicate with public sewers) is amended as follows.

• (2) After subsection (1) there is inserted—

(1A) In this section, and in sections 107 to 109, 111, 113 to 116, 118, 119, 124, 127, 139 and 146 below— (a) references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and (b) for the purposes of paragraph (a) above— (i) a “public lateral drain” is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under section 102 above or under an agreement made under section 104 above; and (ii) “sewer standards” means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.

• (3) In subsection (4), for “is such that the making of the communication would be prejudicial to the undertaker’s sewerage system” there is substituted—

(a) does not satisfy the standards reasonably required by the undertaker; or (b) is such that the making of the communication would be prejudicial to the undertaker’s sewerage system.

• (4) After subsection (5) there is inserted—

(5A) Where the sewer or drain satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain be vested in it by virtue of a declaration under section 102 above.

• (5) In subsection (6)—

• (a) for “(3) to (5)” there is substituted “ (3) to (5A) ”,

• (b) in paragraph (b), after “(5)” there is inserted “ or (5A) ”,

• (c) at the end there is added “ (and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above). ”

• (6) In section 219 of the WIA (general interpretation), in the definition of “public sewer”, after “means” there is inserted “ (subject to section 106(1A) above) ”.

Part 4 — Supplementary

Devolution: Wales

100

• (1) In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (referred to in this section as “the Order”), at the end there is inserted “ except section 12A(4). ”.

• (2) The entry relating to the WIA in Schedule 1 to the Order is amended as follows—

• (a) in the list of sections conferring on the Secretary of State functions which are not transferred by the Order—

• (i) after “sections 1,” there is inserted “ 2A, ”,

• (ii) for “17” there is substituted “ 16A, 17 to 17D, 17F to 17K, 17N to 17P, 17R, 22A to 22F, ”,

• (iii) after “27(3),” there is inserted “ 27A, 27B, 27E, 27G, 27I to 27K, 29, 29A, ”,

• (iv) after “35,” there is inserted “ 38B, 66B, 66F to 66L, 86(1A), 87B, 88A, 89, ”,

• (v) after “92,” there is inserted “ 95B, ”,

• (vi) after “152(2),” there is inserted “ 192A, 192B, ”,

• (vii) before “206(3)(e)” there is inserted “ 195A, ”,

• (viii) after “Schedules 1” there is inserted “ , 1A, 3A, ”,

• (ix) at the end there is inserted “ and except functions under such other sections or Schedules as are expressly stated in the succeeding paragraphs to be so excepted (but only to the extent stated). ”,

• (b) in the paragraph relating to functions under sections 2, 5 (etc)—

• (i) the reference to section 2 is omitted,

• (ii) the reference to sections 18 to 22 is omitted,

• (iii) for “37 to 39” there is substituted “ 37, 38, 39, 51A ”,

• (iv) the reference to sections 68 to 70 is omitted,

• (v) the reference to section 93A is omitted,

• (vi) for “94 to 96,” there is substituted “ 94, 95, 96, ”,

• (vii) after “104,” there is inserted “ 105A to 105C, ”,

• (viii) for “198 to 203” there is substituted “ 198 to 200 ”,

• (ix) the reference to section 205 is omitted,

• (x) at the end there is inserted “ (but not in relation to any licensed water suppliers). ”,

• (c) the paragraph relating to section 28(4) is omitted,

• (d) before the paragraph relating to functions under section 67 there is inserted—

Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to 203 are transferred to the Assembly in relation to— (a) any water or sewerage undertaker whose area is wholly or mainly in Wales; (b) any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and (c) in the case of functions under section 70, any other person who is a relevant person (as defined in that section) in relation to any such undertaker or licensed water supplier.

,

• (e) in the paragraph relating to functions under section 67, for paragraphs (a) and (b) there is substituted—

(a) for the making of regulations concerning water supplied using the supply system of a water undertaker, the function is transferred in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales; (b) for the making of regulations concerning water supplied other than using the supply system of a water undertaker, the function is transferred in relation to Wales.

,

• (f) in the paragraph relating to functions under sections 3, 86 (etc), for “86” there is substituted “ 86 (except subsection (1A)) ”,

• (g) after that paragraph there is inserted—

In respect of the functions under sections 37A to 37D, 39B and 39C it is provided as follows— (a) functions under those provisions so far as relating to matters concerning the construction or enlargement of reservoirs are transferred to the Assembly in relation to Wales; (b) functions under those provisions so far as relating to matters other than the construction or enlargement of reservoirs are transferred to the Assembly in relation to any water undertaker whose area is wholly or mainly in Wales; and (c) the functions of the Assembly referred to in paragraph (b) above so far as they are exercisable in relation to England shall be exercisable only after consultation with the Secretary of State.

,

• (h) in the paragraph relating to section 152(1), after “Wales” there is inserted “ or (so far as relating to licensed activities using the supply system of any such water undertaker) any licensed water supplier ”,

• (i) for the paragraph relating to section 208 there is substituted—

In respect of the functions under section 208 it is provided as follows— (a) the functions under that section of giving directions for the purpose of mitigating the effects of any civil emergency and the function (in the case of sub-paragraphs (i) and (ii) below) of enforcing such directions are transferred to the Assembly— (i) in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales; (ii) in relation to any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and (iii) in relation to the Consumer Council for Water so far as relating to its functions in connection with any such water undertaker; and (b) it is directed that the other functions under that section shall be exercisable by the Assembly concurrently with the Secretary of State in relation to the bodies and so far as mentioned in paragraph (a)(i) to (iii) above.

,

• (j) in the paragraph relating to Article 2(c), at the end there is inserted “ or any licensed water supplier using the supply system of any such water undertaker. ”.

• (3) In Schedule 2 to the Order, after the entry relating to the Environmental Protection Act 1990 there is inserted a new entry as follows—

The functions of the Secretary of State under sections 37A to 37D, 39B and 39C so far as relating to matters other than the construction or enlargement of reservoirs shall be exercisable only after consultation with the Assembly.

• (4) The entry relating to the WRA in Schedule 1 to the Order is amended as follows—

• (a) in the paragraph referring to the functions of a Minister of the Crown under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “ , 20B(3) ”, and

• (b) in the list of provisions under which there are transferred functions of the Secretary of State to which paragraph 6 of Schedule 3 to the Government of Wales Act 1998 (c. 38) is applied, in the appropriate places there is inserted—

• (i) “section 27A and (so far as it relates to section 27A) Schedule 6,”

• (ii) “section 33A,”

• (iii) “section 51(1C) to 51(1F),”,

and in the entry in that list relating to section 161C, after “regulations)” there is inserted “ , but not including section 161C as applied by section 25B. ”.

• (5) The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the Order is amended as follows—

• (a) after paragraph (e) in the list of sections conferring functions which are not transferred by the Order there is inserted—

(f) functions exercisable by the Secretary of State in pursuance of sub-paragraph (bb) of the definition of “the relevant Minister” in paragraph 1(5) of Schedule 4; (g) the function of the Secretary of State under section 16A(5)(a);

,

• (b) after paragraph (e) of the list of functions which are transferred not in relation to Wales but in the manner specified there is inserted—

(ea) functions under section 18A are transferred to the Assembly in relation to the local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or the greater part of which is in Wales;

.

• (6) Subject to subsections (1) to (5), the references in Schedule 1 to the Order to—

• (a) the WIA generally and to specific sections of or Schedules to the WIA,

• (b) the WRA generally and to specific sections of or Schedules to the WRA,

• (c) the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990 (c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act 1995 (c. 25) generally and (where applicable) to specific sections of or Schedules to those Acts, and

• (d) any other Act generally and (where applicable) to specific sections of or Schedules to those Acts,

are to be treated as referring to those Acts (or those sections or Schedules) as amended by this Act.

• (7) Subsection (6), and the amendments made by subsections (1) to (5), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (6) or the provisions amended by subsections (1) to (5).

Minor and consequential amendments and repeals

101

• (1) Schedules 7 and 8, which make minor amendments (including the repeal of certain spent enactments) and amendments consequential on the provisions of this Act, have effect.

• (2) The enactments and instrument mentioned in Schedule 9 are repealed or revoked to the extent specified.

Specific transitional and transitory provisions

102

• (1) Subject to subsection (2), each licence to abstract water under Chapter 2 of Part 2 of the WRA which is in force immediately before the coming into force of section 1 of this Act shall, after the coming into force of that section, be treated as a full licence within the meaning of that Act.

• (2) If—

• (a) immediately before the coming into force of section 6 of this Act, a person is the holder of a licence under Chapter 2 of Part 2 of the WRA to abstract water, and

• (b) upon the coming into force of that section an abstraction authorised by the licence becomes an abstraction to which the restriction on abstraction does not apply,

the licence shall cease to have effect (so far as it applies to that abstraction) upon the coming into force of that section.

• (3) Subject to subsection (4), the person who was the holder of a full licence which ceases (or ceases in part) to have effect by virtue of subsection (2), and who had been taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) of the WRA, shall continue to be taken to have that right for the purposes of Chapter 2 of Part 2 of the WRA.

• (4) A person shall cease to continue to be taken to have the right mentioned in subsection (3), for the purposes mentioned there, if during a period of—

• (a) four years, or

• (b) if the abstractions authorised under the licence (or relevant part of the licence) were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the appropriate agency may determine on the application of the person,

he does not carry out any such abstraction as would have been authorised by the licence (or relevant part of the licence) if it had still been in force.

• (5) Where, immediately after the coming into force of any provision of this Act, an abstraction of water to which the restriction on abstraction did not apply becomes one to which the restriction on abstraction does apply, nothing in—

• (a) section 39(1), 42(4) or 44(4) of the WRA (which relate to protected rights), or

• (b) any other enactment specified in regulations made by the Secretary of State,

prevents the appropriate agency from granting a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or the Secretary of State from giving the appropriate agency a direction to do so.

• (6) In subsections (2)(b) and (5), “the restriction on abstraction” has the meaning given by section 72(1) of the WRA.

Powers to make further supplementary, consequential and transitional provision, etc

103

• (1) The Secretary of State may by regulations make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

• (2) The provision which may be made under subsection (1) includes provision—

• (a) amending or repealing any enactment, instrument or document (including in particular any instrument appointing a company to be a water or sewerage undertaker),

• (b) conferring functions, powers or duties on any person.

• (3) The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the appropriate agency of compensation to any person who—

• (a) before the coming into force of any provision of this Act was not required by or by virtue of the WRA to have a licence under Chapter 2 of Part 2 of the WRA in respect of any abstraction,

• (b) following the coming into force of any provision of this Act does require such a licence in respect of that abstraction, and

• (c) has suffered loss or damage as a result of his having been—

• (i) refused such a licence in respect of that abstraction, or

• (ii) granted such a licence, but in respect of an abstraction of more limited extent than that of the abstraction he was carrying out before the coming into force of the provision in question,

or who is a person who falls within subsection (4).

• (4) A person falls within this subsection if he satisfies the appropriate agency of the following—

• (a) that the nature of his operations, or proposed operations, requires him to make plans about the abstraction of water,

• (b) that before the coming into force of any provision of this Act he would not have required a licence under Chapter 2 of Part 2 of the WRA in respect of any such abstraction for which he had reasonably planned (or, if there has already been such an abstraction, he did not require such a licence in respect of it),

• (c) that following the coming into force of any such provision he does require such a licence in respect of it, and

• (d) that he has suffered loss or damage as a result of his having been—

• (i) refused a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or

• (ii) granted such a licence, but in respect of an abstraction of more limited extent than he had reasonably applied for,

and he applies for compensation before any deadline provided for in the regulations under subsection (1).

• (5) The provision which may be made under subsection (1) also includes, in particular, provision for or in relation to the payment by the Water Services Regulation Authority of compensation to any person who—

• (a) before 31st July 2002 was carrying on any activities in respect of the supply of water,

• (b) following the coming into force of any provision of this Act—

• (i) is unable to continue to carry on those activities as a result of their having been prohibited,

• (ii) is unable to continue to carry on those activities as a result of a licence under Chapter 1A of Part 2 of the WIA having been required in respect of them and his not having applied for, or his having been refused, a licence, or

• (iii) is unable to continue to carry on those activities in the same manner as a result of his having been granted a licence the effect of which is to restrict the carrying on of the activities, and

• (c) has suffered loss or damage as a result of—

• (i) those activities having been prohibited,

• (ii) a licence not having been granted, or

• (iii) those activities having been restricted.

• (6) Where regulations made under subsection (1) include provision for the discharge by the Director General of Water Services instead of the Water Services Regulation Authority of any functions conferred on the Authority by or by virtue of any provision of this Act, then, for the purposes of Schedule 3, any such function shall be treated as if it had been the subject of a transfer under section 36 when the provision in the regulations ceased to apply.

• (7) The power to make regulations under this section is also exercisable by the Assembly, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

• (8) Nothing in this Act shall be read as affecting the generality of subsection (1).

Regulations and orders

104

• (1) Any power under this Act to make any order or regulations is exercisable by statutory instrument.

• (2) A statutory instrument containing an order or regulations—

• (a) made by the Secretary of State under any provision of this Act except section 10 (but including section 105), and

• (b) which contains (or contain) provision amending or repealing any enactment,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) Otherwise, a statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than an order under section 105, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Any power under this Act to make any order or regulations may be exercised—

• (a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

• (b) so as to make, as respects the cases in relation to which it is exercised—

• (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

• (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

• (iii) any such provision either unconditionally or subject to any specified condition.

• (5) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for all or any of those purposes.

• (6) Any such power includes power—

• (a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments or provisions of subordinate legislation) as the authority making the order or regulations considers to be expedient, and

• (b) to provide for a person to exercise a discretion in dealing with any matter.

• (7) In subsection (6)(a), “subordinate legislation” has the meaning given by the Interpretation Act 1978 (c. 30).

• (8) Nothing in this Act shall be read as affecting the generality of subsection (6).

Interpretation, commencement, short title, and extent

105

• (1) This Act may be cited as the Water Act 2003.

• (2) In this Act—

• (a) the “WIA” means the Water Industry Act 1991 (c. 56),

• (b) the “WRA” means the Water Resources Act 1991 (c. 57),

• (ba) “the appropriate agency” has the meaning given by section 221 of the WRA,

• (c) “the Assembly” means the National Assembly for Wales.

• (3) Apart from this section and sections 102 to 104, this Act comes into force on such day as the appropriate authority may by order appoint.

• (4) Different days may be appointed for different provisions and for different purposes.

• (5) Except as stated in subsection (6), the appropriate authority for the purposes of subsection (3) is the Secretary of State after consulting the Assembly.

• (6) In relation to the sections and Schedules listed in the first column of this table, the appropriate authority is as listed in the second column—

Section or Schedule	Appropriate authority
Section 73	The Secretary of State.
Section 67	The Assembly after consulting the Secretary of State.
Sections 58, 69, 75, 77, 78, 80, 81 and 86	The Secretary of State, in relation to England; the Assembly, in relation to Wales.
Section 101 and Schedules 7, 8 and 9	As respects any amendment or repeal consequential on a provision referred to above in this table, the same appropriate authority as listed in respect of the provision in question; otherwise, the Secretary of State after consulting the Assembly.

• (7) Subject to the following provisions of this section, this Act extends to England and Wales only.

• (8) Section 36 and Schedule 3 extend also to Scotland and Northern Ireland.

• (9) The following provisions extend also to Scotland—

• (a) section 53(1) and (2),

• (b) sections 66 and 68,

• (c) section 73,

• (d) section 74(1),

• (e) section 76,

• (f) section 85(3),

• (g) section 103(1), (2), (7) and (8),

• (h) section 104.

• (10) Section 58(10) extends to Scotland only.

• (11) Any amendment or repeal of a provision of the WRA made by this Act has the same extent as the provision being amended or repealed.

• (12) Sections 3, 4, 10 and 27 have the same extent as they would have if they were contained in the WRA, and section 224 of the WRA (application to Isles of Scilly) applies in relation to those sections as it applies to the WRA.

• (13) Any amendment or repeal made by Schedule 7 or 8 has the same extent as the enactment being amended or repealed.

• (14) Any repeal contained in Schedule 9 has the same extent as the provision elsewhere in this Act which provides for the repeal.

SCHEDULE 1

After Schedule 1 to the WIA there is inserted—

SCHEDULE 2

After Schedule 3 to the WIA there is inserted—

SCHEDULE 3

Preliminary

1

In this Schedule—

• “transfer” means—a transfer of functions under section 36 to the Authority, ora transfer of property, rights and liabilities to the Authority or to the Council under section 36, and

• “transfer scheme” means a transfer scheme under section 36.

Contents of transfer schemes

2

• (1) The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

• (2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

3

A transfer scheme may define the property, rights and liabilities to be transferred by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor (or partly in one way and partly in the other).

4

A transfer scheme may include such supplementary, incidental, transitional and consequential provision as the Secretary of State considers appropriate.

Modification of transfer scheme after appointed day

5

• (1) If, after the day appointed by a transfer scheme, the transferor and transferee so agree in writing, the scheme shall for all purposes be deemed to have come into force on that day with such modifications as may be agreed.

• (2) An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include incidental, supplemental, consequential and transitional provision.

• (3) In this paragraph, “modifications” includes additions, alterations and omissions.

Effect of transfers

6

• (1) Anything done by the transferor for the purpose of or in connection with anything transferred which is in effect immediately before it is transferred shall be treated as if done by the transferee.

• (2) A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

7

There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

8

The transferee shall be substituted for the transferor in any document relating to anything transferred.

Continuity of employment, etc of transferred employees

9

Where a person employed in the civil service of the state becomes an employee of the Council under a transfer scheme, his period of employment in that service counts as a period of employment with the Council for the purposes of the Employment Rights Act 1996 (c. 18) (and the change of employer does not break the continuity of the period of employment for those purposes).

SCHEDULE 4

1

The WIA is amended as follows.

2

After Chapter 1 of Part 2 of the WIA there is inserted—