Office of Public Sector Information
PART VI continued
(1) The purposes to which this section applies shall be the construction of any enactment which, by reference to the functions of the Authority or of a water undertaker or sewerage undertaker, confers any power on or in relation to the Authority or, as the case may be, that undertaker.
(2) For the purposes to which this section applies the functions of the Authority, of every water undertaker and of every sewerage undertaker shall be taken to include—
(a) joining with one or more other relevant bodies; or
(b) acting on behalf of any other relevant body,
for the purpose of carrying out any works or acquiring any land which at least one of those other bodies or, as the case may be, that other body is authorised to carry out or acquire for the purposes of its functions under any enactment or of any function which is taken to be one of its functions for the purposes to which this section applies; and the Authority, every water undertaker and every sewerage undertaker shall be relevant bodies for the purposes of this subsection.
(3) For the purposes to which this section applies the functions of the Authority, of every water undertaker and of every sewerage undertaker shall be taken to include the protection against pollution—
(a) of any waters, whether on the surface or underground, which belong to the Authority or any water undertaker or from which the Authority or any water undertaker is authorised to take water;
(b) without prejudice to paragraph (a) above, of any reservoir which belongs to or is operated by the Authority or any water undertaker or which the Authority or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and
(c) of any underground strata from which the Authority or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under the [1963 c. 38.] Water Resources Act 1963.
(4) For the purposes to which this section applies the functions of the Authority, of every water undertaker and of every sewerage undertaker shall be taken to include the furtherance of research into matters in respect of which functions are conferred by or under this Act on the Authority, on water undertakers or on sewerage undertakers.
(5) For the purposes to which this section applies the functions of the Authority, of every water undertaker and of every sewerage undertaker shall be taken to include the provision of houses and other buildings for the use of persons employed by the Authority or, as the case may be, that undertaker and the provision of recreation grounds for persons so employed.
(6) For the purposes to which this section applies the functions of the Authority and of every water undertaker shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of the Authority or undertaker.
(7) For the purposes to which this section applies the functions of every water undertaker shall be taken to include the doing of anything in pursuance of any arrangements under section 126 above between that undertaker and the Authority.
(1) In this Act, except in so far as the context otherwise requires—
“the 1945 Act” means the [1945 c. 42.] Water Act 1945;
“the 1973 Act” means the [1973 c. 37.] Water Act 1973;
“accessories”, in relation to a water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any telecommunication apparatus (within the meaning of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984) unless it—
is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; and
is intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;
“analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;
“the Authority” means the National Rivers Authority;
“conservancy authority” means any person who has a duty or power by or under any enactment to conserve, maintain or improve the navigation of a tidal water, and is not a harbour authority or navigation authority;
“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;
“customer or potential customer”, in relation to a company holding an appointment under Chapter I of Part II of this Act, means—
any person for or to whom that company provides any services in the course of carrying out the functions of a water undertaker or sewerage undertaker; or
any person who might become such a person on making an application for the purpose to the company;
“damage”, in relation to individuals, includes personal injury and death;
“the Director” means the Director General of Water Services;
“disposal”—
in relation to land or any interest or right in or over land, includes the creation of such an interest or right and a disposal effected by means of the surrender or other termination of any such interest or right; and
in relation to sewage, includes treatment;
and cognate expressions shall be construed accordingly;
“domestic purposes”, except in relation to sewers, shall be construed in accordance with subsections (2) and (3) below;
“drain” has, subject to subsection (4) below, the same meaning as in the [1936 c. 49.] Public Health Act 1936;
“effluent” means any liquid, including particles of matter and other substances in suspension in the liquid;
“enactment” includes an enactment contained in this Act or in any Act passed after this Act;
“engineering or building operations”, without prejudice to the generality of that expression, includes—
the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and
the installation, modification or removal of any machinery or apparatus;
“financial year” means the twelve months ending with 31st March;
“functions”, in relation to the Authority or a water undertaker or sewerage undertaker, means the functions of the Authority or, as the case may be, of such an undertaker under or by virtue of any enactment and shall be construed subject to section 188 above;
“harbour authority” means a person who is a harbour authority within the meaning of the [1971 c. 60.] Prevention of Oil Pollution Act 1971 and is not a navigation authority;
“highway” has the same meaning as in the [1980 c. 66.] Highways Act 1980;
“holding company” has the same meaning as in the [1985 c. 6.] Companies Act 1985;
“house” means any building or part of a building which is occupied as a dwelling-house, whether or not a private dwelling-house, or which, if unoccupied, is likely to be so occupied;
“information” includes anything contained in any records, accounts, estimates or returns;
“inland waters”, except in Chapter I of Part III of this Act, has the same meaning as in the [1963 c. 38.] Water Resources Act 1963;
“limited company” means a company within the meaning of the Companies Act 1985 which is limited by shares;
“local authority” means the council of a district or of a London borough or the Common Council of the City of London;
“local statutory provision” means—
a provision of a local Act (including an Act confirming a provisional order);
a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;
a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or
a provision of any other instrument which is in the nature of a local enactment;
“micro-organism” includes any microscopic biological entity which is capable of replication;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
“the Monopolies Commission” means the Monopolies and Mergers Commission;
“navigation authority” means any person who has powers under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
“notice” means notice in writing;
“owner”, in relation to any premises, means the person who—
is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; or
would receive the rack-rent if the premises were let at a rack-rent,
and cognate expressions shall be construed accordingly;
“prescribed” means prescribed by or determined under regulations made by the Secretary of State or, in relation to regulations made by the Minister, those regulations;
“protected land”, in relation to a company holding an appointment under Chapter I of Part II of this Act, means any land which, or any interest or right in or over which—
was transferred to that company in accordance with a scheme under Schedule 2 to this Act or, where that company is a statutory water company, is or was held by that company at any time during the financial year current on the transfer date;
is or has at any time on or after the transfer date been held by that company for purposes connected with the carrying out of its functions as a water undertaker or sewerage undertaker (including any functions which for the purposes for which section 188 above has effect are taken to be such functions by virtue of subsection (6) or (7) of that section); or
has been transferred to that company in accordance with a scheme under Schedule 5 to this Act from another company in relation to which that land was protected land when the other company held an appointment under that Chapter;
“public authority” means any Minister of the Crown or government department, the Authority, any local authority or county council or any person certified by the Secretary of State to be a public authority for the purposes of this Act;
“public sewer” means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 or 5 to this Act or under section 153 above or otherwise, and “private sewer” shall be construed accordingly;
“records” includes computer records and any other records kept otherwise than in a document;
“service pipe” means, subject to subsection (4) below, so much of a pipe which is, or is to be, connected with a water main for supplying water from that main to any premises—
as is or is to be subject to water pressure from that main; or
as would be so subject but for the closing of some valve,
and includes part of any service pipe;
“services” includes facilities;
“sewer” has, subject to subsection (4) below, the same meaning as in the [1936 c. 49.] Public Health Act 1936;
“sewerage services” includes the disposal of sewage and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions;
“sewerage undertaker” shall be construed in accordance with section 11 above;
“statutory water company” means any company which is a statutory water company for the purposes of the 1973 Act immediately before the transfer date;
“stopcock” includes any box or pit in which a stopcock is enclosed and the cover to any such box or pit;
“street” has, subject to subsection (5) below, the same meaning as in the [1950 c. 39.] Public Utilities Street Works Act 1950;
“subordinate legislation” has the same meaning as in the [1978 c. 30.] Interpretation Act 1978;
“subsidiary” has the same meaning as in the [1985 c. 6.] Companies Act 1985;
“substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
“successor company” means a company nominated in accordance with section 4 above as the successor company of a water authority and, in relation to any water authority, means the company so nominated in relation to that authority;
“supply of water in bulk” means a supply of water for distribution by a water undertaker taking the supply;
“surface water” includes water from roofs;
“transfer date” means the day appointed as the transfer date in accordance with section 4 above;
“trunk main” means a water main which is or is to be used by a water undertaker for the purpose of—
conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir; or
conveying water in bulk, whether in the course of taking a supply of water in bulk or otherwise, between different places outside the area of the undertaker, from such a place to any part of that area or from one part of that area to another part of that area;
“underground strata” means strata subjacent to the surface of any land;
“vessel” includes a hovercraft within the meaning of the [1968 c. 59.] Hovercraft Act 1968;
“water authority” means an authority established in accordance with section 2 of the 1973 Act;
“water main” means, subject to subsection (4) below, any pipe, not being a pipe for the time being vested in a person other than the undertaker, which is used or to be used by a water undertaker for the purpose of making a general supply of water available to customers or potential customers of the undertaker, as distinct from for the purpose of providing a supply to particular customers;
“water undertaker” shall be construed in accordance with section 11 above;
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except mains and other pipes which belong to the Authority or a water undertaker or are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises.
(2) Subject to subsection (3) below, in this Act references to domestic purposes, in relation to a supply of water to any premises or in relation to any cognate expression, are references to the drinking, washing, cooking, central heating and sanitary purposes for which water supplied to those premises may be used; and, where the whole or any part of the premises are or are to be occupied as a house, those purposes shall be taken to include—
(a) the purposes of a profession carried on in that house or, where that house and another part of the premises are occupied together and the house comprises the greater part of what is so occupied, in that other part; and
(b) such purposes outside the house (including the washing of vehicles and the watering of gardens) as are connected with the occupation of the house and may be satisfied by a supply of water drawn from a tap inside the house and without the use of a hosepipe or similar apparatus.
(3) No such reference to domestic purposes shall be taken to include a reference—
(a) to the use of a bath having a capacity, measured to the centre line of overflow or in such other manner as may be prescribed, of more than two hundred and thirty litres;
(b) to the purposes of the business of a laundry; or
(c) to any purpose of a business of preparing food or drink for consumption otherwise than on the premises.
(4) References in this Act to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.
(5) It is hereby declared that a reference in this Act to a street includes, where the street is a highway which passes over a bridge or through a tunnel, that bridge or tunnel.
(6) A company shall be regarded for the purposes of this Act as wholly owned by the Crown at any time when each of the issued shares is held by, or by a nominee of, the Treasury, the Secretary of State or another company which is wholly owned by the Crown.
(7) For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.
(8) References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.
(9) Where by virtue of any provision of this Act any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.
(10) References in this Act to anything done under or for the purposes of any enactment contained in this Act or to anything done by or in relation to any person shall include references to anything which, by virtue of any provision made by or under this Act, has effect as if done under or for the purposes of that enactment or, as the case may be, by or in relation to that person.
(1) The enactments mentioned in Schedule 25 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act); and, without prejudice to any power conferred by any other provision of this Act, the Secretary of State and the Minister shall each have power by regulations to make such additional consequential amendments—
(a) of public general enactments not mentioned in that Schedule but passed before, or in the same Session as, this Act; and
(b) of subordinate legislation made before the passing of this Act,
as he considers necessary or expedient by reason of the coming into force of any provision of this Act.
(2) The transitional provisions and savings contained in Schedule 26 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals) or to the transfer, in accordance with a scheme under Schedule 2 to this Act, of any rights or liabilities saved by virtue of those sections.
(3) The enactments mentioned in Schedule 27 to this Act (which include some which are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
(4) Subject to paragraphs 17, 46 and 53 of Schedule 26 to this Act, any reference in that Schedule or in Schedule 27 to this Act to a provision of Schedule 3 to the 1945 Act shall have effect, without prejudice to section 20(2) of the Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that provision as applied, with or without modifications, by any local statutory provision.
(1) If it appears to the Secretary of State or the Minister to be appropriate to do so—
(a) for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act; or
(b) in consequence of the effect or operation at any time after the transfer date of any such enactment or of anything done under any such enactment,
he may by order repeal, amend or re-enact (with or without modifications) any local statutory provision, including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of paragraph (a) above.
(2) An order made by the Secretary of State or the Minister under subsection (1) above may—
(a) make provision applying generally in relation to local statutory provisions of a description specified in the order;
(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
(c) contain such supplemental, consequential and transitional provision as the Secretary of State or, as the case may be, the Minister considers appropriate; and
(d) in the case of an order made after the transfer date, require provision contained in the order to be treated as if it came into force on that date.
(3) The power under this section to repeal or amend a local statutory provision shall include power to modify the effect in relation to any local statutory provision of any provision of Schedule 26 to this Act.
(4) Nothing in any order under this section may abrogate or curtail the effect of so much of any local statutory provision as confers any right of way or confers on or preserves for the public—
(a) any right of enjoyment of air, exercise or recreation on land; or
(b) any right of access to land for the purposes of exercise or recreation.
(5) The power to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Subject to the provisions of Schedule 26 to this Act, nothing in any local statutory provision passed or made before the transfer date shall be construed as relieving any water undertaker or sewerage undertaker from any liability arising by virtue of this Act in respect of any act or omission occurring on or after that date.
(1) Subject to the following provisions of this section, the provisions of this Act shall have effect in relation to land in which there is a Crown or Duchy interest as they have effect in relation to land in which there is no such interest.
(2) Subject to subsection (3) below, a power which is conferred by or under this Act in relation to land shall be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.
(3) Subsection (2) above shall not require any consent to be given—
(a) for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from subsection (1) above;
(b) for the imposition in relation to any premises in which there is a Crown or Duchy interest of any charges for a service provided by a water undertaker or sewerage undertaker in the course of carrying out its functions; or
(c) for the purposes of any provision having effect by virtue of so much of section 155 above and Schedule 20 to this Act as relates to the granting of authority for discharges of water;
but nothing in this section shall be construed as authorising the Authority to require the Crown to make any payment to the Authority in respect of any premises.
(4) A consent given for the purposes of subsection (2) above may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.
(5) In this section—
“the appropriate authority” has the same meaning as in section 266 of the [1971 c. 78.] Town and Country Planning Act 1971; and
“Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
and the provisions of subsection (7) of the said section 266 as to the determination of questions shall apply for the purposes of this section.
(1) Subject to the provisions of any order under this section, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the Authority, a water undertaker or sewerage undertaker; and references in the preceding provisions of this Act to England and Wales shall not include references to those Isles.
(2) The Secretary of State may, on the application of the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions falling under this Act to be carried out in relation to other parts of England and Wales by the Authority, by a water undertaker or by a sewerage undertaker; and, without prejudice to the generality of that power, an order under this section may apply any provision of this Act in relation to the Isles of Scilly with or without modifications.
(3) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and such an order 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 Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(1) This Act may be cited as the Water Act 1989.
(2) This section, so much of this Act as confers any power to make subordinate legislation or makes provision with respect to the exercise of any such power and sections 29 and 30 above shall come into force on the passing of this Act.
(3) The following provisions of this Act, except in so far as they are already in force in accordance with subsection (2) above, shall come into force on the transfer date, namely—
(a) sections 15 to 28 (including Schedules 5 and 6), section 31 and sections 33 to 36;
(b) Chapters II to V of Part II, except section 79;
(c) section 97;
(d) Parts III and IV, except so far as relating to the amendment, in Schedule 17, to the [1951 c. 26.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;
(e) Part V, except so far as relating to sections 33, 47 and 48 of the [1974 c. 40.] Control of Pollution Act 1974;
(f) Schedule 26 and section 190 so far as relating to that Schedule; and
(g) Part I of Schedule 27 and section 190 so far as relating to that Part of that Schedule.
(4) The provisions of this Act not brought into force on the passing of this Act or on the transfer date by subsection (2) or (3) above shall come into force on such day (whether that date or a day before or after that date) as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.
(5) An order made by the Secretary of State under subsection (4) above may make such transitional provisions and savings in connection with the bringing into force by that order of any provision of this Act as the Secretary of State considers appropriate.
(6) This section and the following provisions of this Act shall extend to the whole of the United Kingdom, namely—
(a) Schedules 2 and 5 and sections 4, 13 and 23 so far as relating to any scheme under either of those Schedules;
(b) section 95; and
(c) any amendment or repeal by this Act of any provision contained in the [1967 c. 13.] Parliamentary Commissioner Act 1967, the [1968 c. 3.] Capital Allowances Act 1968, the [1975 c. 24.] House of Commons Disqualification Act 1975 or the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975.
(7) Subject to any enactment by virtue of which a provision of this Act has effect in relation to any part of the territorial sea adjacent to or to any part of Great Britain, the following provisions of this Act shall extend to Great Britain only, namely—
(a) section 136 and Schedule 15 so far as they amend section 32 of the [1976 c. 70.] Land Drainage Act 1976;
(b) subsections (1) to (4), (6) and (7) of section 141 and, so far as they amend the [1937 c. 33.] Diseases of Fish Act 1937 or section 39 of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 (border rivers), subsection (5) of the said section 141 and Schedule 17;
(c) section 172;
(d) section 190 and Schedule 25 so far as they relate to the [1970 c. 40.] Agriculture Act 1970, the [1974 c. 37.] Health and Safety at Work etc. Act 1974 and the [1978 c. 44.] Employment Protection (Consolidation) Act 1978; and
(e) section 190 and Schedule 27 so far as they relate to the Diseases of Fish Act 1937, the [1951 c. 7. (15 & 16 Geo. 6 and 1 Eliz. 2).] Border Rivers (Prevention of Pollution) Act 1951, section 126 of the [1963 c. 38.] Water Resources Act 1963 (border rivers), section 39(4) of the Salmon and Freshwater Fisheries Act 1975 and the [1983 c. 30.] Diseases of Fish Act 1983.
(8) The following provisions of this Act shall extend to Scotland only (subject, in the case of paragraph (a) below, to the application of sections 21 and 22 of the [1951 c. 26.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 to any provision of that Act), namely—
(a) subsection (5) of section 141 above and Schedule 17 to this Act, so far as they amend section 15 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;
(b) Part V;
(c) section 190 and Schedule 25 so far as they amend the [1897 c. 38.] Public Health (Scotland) Act 1897, the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949, the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951, the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956 and the [1980 c. 45.] Water (Scotland) Act 1980;
(d) section 190 and Part I of Schedule 27 so far as they relate to section 104 of the [1974 c. 40.] Control of Pollution Act 1974.
(9) Subject to subsections (6) to (8) above, to any enactment by virtue of which a provision of this Act has effect in relation to any part of the territorial sea adjacent to England and Wales and to the application of section 39(1) of the Salmon and Freshwater Fisheries Act 1975 (border rivers) to any provision of this Act in so far as it amends or repeals an enactment contained in the said Act of 1975, this Act shall extend to England and Wales only.
Water Act 1989