Office of Public Sector Information
Section 186.
1 (1) No byelaw made by a relevant body shall have effect until confirmed by the appropriate Minister under this Schedule.
(2) A relevant body shall, at least one month before it applies for the confirmation of any byelaw—
(a) cause a notice of its intention to make the application to be published in the London Gazette and in such other manner as it considers appropriate for the purpose of bringing the proposed byelaw to the attention of persons likely to be affected by it; and
(b) cause copies of the notice to be served on any persons carrying out functions under any enactment who appear to it to be concerned.
(3) For at least one month before an application is made by a relevant body for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the relevant body, including (if there is one) at an office in the area to which the byelaw would apply.
(4) A relevant body shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above.
(5) Every person shall be entitled, on application to a relevant body, to be furnished free of charge with a printed copy of a byelaw so deposited.
2 (1) Subject to sub-paragraph (2) below, the appropriate Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by a relevant body for confirmation under this Schedule, or may confirm the byelaw either without or, if the relevant body consents, with modifications; and the relevant body which submitted the byelaw shall, if so directed by the appropriate Minister, cause notice of any proposed modifications to be given in accordance with his directions.
(2) A byelaw made by the Authority under section 114 of this Act shall be confirmed without a local inquiry only if—
(a) no written objection to its confirmation has been received by the appropriate Minister;
(b) every objection to its confirmation which has been so received has been withdrawn; or
(c) in the opinion of that Minister the person making the objection has no material interest in the controlled waters (within the meaning of Chapter I of Part III of this Act) to which the byelaw relates;
and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the relevant body consents” of the words “after consultation with the relevant body” .
3 The appropriate Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force, and if no date is so fixed the byelaw shall come into force at the end of the period of one month beginning with the date of confirmation.
4 (1) Every byelaw made by a relevant body and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the relevant body, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.
(2) Every person shall be entitled, on application to a relevant body and on payment of such reasonable sum as the relevant body may determine, to be furnished with a copy of any byelaw so deposited by that body.
5 If it appears to the appropriate Minister that the revocation of a byelaw is necessary or expedient, he may, after giving notice to the relevant body which made the byelaw and considering any representations or objections made by that body, and, if required by that body, after holding a local inquiry, revoke that byelaw.
6 The production of a printed copy of a byelaw purporting to be made by a relevant body upon which is indorsed a certificate, purporting to be signed on its behalf, stating—
(a) that the byelaw was made by that body;
(b) that the copy is a true copy of the byelaw;
(c) that on a specified date the byelaw was confirmed under this Schedule; and
(d) the date, if any, fixed under paragraph 3 above for the coming into operation of the byelaw,
shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
7 (1) In this Schedule “the appropriate Minister”—
(a) in relation to byelaws made by virtue of any provision of Chapter III of Part III of this Act and having effect in the area of a regional flood defence committee the whole or the greater part of whose area is in England, means the Minister;
(b) in relation to byelaws made by virtue of any provision of Chapter IV of Part III of this Act, means the Secretary of State or the Minister; and
(c) in relation to any other byelaws, means the Secretary of State.
(2) In this Schedule “relevant body” means the Authority or any water undertaker or sewerage undertaker.
Section 190.
1 (1) Each of the following, that is to say—
(a) the Authority;
(b) every water undertaker; and
(c) every sewerage undertaker,
shall be deemed to be statutory undertakers, and its undertaking a statutory undertaking, for the purposes of the enactments specified in sub-paragraph (2) below.
(2) The enactments mentioned in sub-paragraph (1) above are—
(i) the [1925 c. 71.] Public Health Act 1925;
(ii) the [1936 c. 49.] Public Health Act 1936;
(iii) section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948;
(iv) the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;
(v) sections 20 and 30 of the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
(vi) the [1954 c. 56.] Landlord and Tenant Act 1954;
(vii) the [1957 c. 59.] Coal-Mining (Subsidence) Act 1957;
(viii) the [1958 c. 69.] Opencast Coal Act 1958;
(ix) section 17(10) of the [1961 c. 64.] Public Health Act 1961;
(x) the [1962 c. 58.] Pipe-lines Act 1962;
(xi) Schedule 3 to the [1964 c. 40.] Harbours Act 1964;
(xii) Schedule 6 to the [1965 c. 36.] Gas Act 1965;
(xiii) section 40 of the [1967 c. 10.] Forestry Act 1967;
(xiv) section 2 of the [1968 c. 41.] Countryside Act 1968, in so far as references in that section to a public body are to be construed as references to a statutory undertaker, and sections 13 and 16 of, and Schedule 2 to, that Act;
(xv) section 5 of the [1969 c. 51.] Development of Tourism Act 1969;
(xvi) sections 1B, 22, 40, 48, 49, 58F, 118(2), 127 to 129, 132, 149, 165(3), 181 to 183, 186, 192, 206(6), 209(3), 210(2), 216, 222, 223, 225 to 241, 245(7)(a), 255, 281(6)(b) and 290(2) of, and Schedule 10, paragraphs 1 to 3 of Schedule 19 and Schedule 20 to, the [1971 c. 78.] Town and Country Planning Act 1971;
(xvii) paragraph 36 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972;
(xviii) sections 51 and 71 of the [1973 c. 26.] Land Compensation Act 1973;
(xix) section 73 of the [1974 c. 40.] Control of Pollution Act 1974;
(xx) the [1975 c. 70.] Welsh Development Agency Act 1975;
(xxi) Part I of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;
(xxii) the [1976 c. 75.] Development of Rural Wales Act 1976;
(xxiii) the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;
(xxiv) Parts XII and XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;
(xxv) the [1980 c. 66.] Highways Act 1980;
(xxvi) subject to sub-paragraph (5) below, the [1981 c. 64.] New Towns Act 1981;
(xxvii) the [1981 c. 67.] Acquisition of Land Act 1981;
(xxviii) the [1982 c. 16.] Civil Aviation Act 1982;
(xxix) section 30 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;
(xxx) section 2(2)(c) of the [1984 c. 38.] Cycle Tracks Act 1984;
(xxxi) the [1984 c. 55.] Building Act 1984;
(xxxii) Part IX and section 611 of the [1985 c. 68.] Housing Act 1985.
(3) The Authority, a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the [1927 c. 36.] Landlord and Tenant Act 1927.
(4) The references in the [1939 c. 31.] Civil Defence Act 1939 to public utility undertakers do not include references to the Authority or to any water undertaker or sewerage undertaker and, accordingly, references in that Act to a public utility undertaking do not include references to the undertaking of the Authority or of such an undertaker.
(5) The references in section 39 of the New Towns Act 1981 (power of development corporation to transfer undertakings) to statutory undertakers do not include references to any water undertaker or sewerage undertaker and, accordingly, references in that section to a statutory undertaking do not include references to the statutory undertaking of such an undertaker.
(6) References in section 26 of the [1973 c. 26.] Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to the National Rivers Authority, a water undertaker or a sewerage undertaker.
(7) A water undertaker or sewerage undertaker shall be deemed to be statutory undertakers for the purposes of section 9(3) of the [1978 c. 50.] Inner Urban Areas Act 1978 (loans for site preparation).
(8) A water undertaker or sewerage undertaker shall be deemed to be public utility undertakers for the purposes of the Highways Act 1980; and the Authority, a water undertaker or a sewerage undertaker shall be deemed to be undertakers for the purposes of section 160 of that Act (powers as respects certain unnecessary obstructions of highways).
(9) In the enactments specified in sub-paragraph (10) below, “the appropriate Minister”, in relation to statutory undertakers, means—
(a) in the case of the Authority, the Secretary of State or the Minister; and
(b) in the case of a water undertaker or sewerage undertaker, the Secretary of State.
(10) The enactments mentioned in sub-paragraph (9) above are—
(i) the [1958 c. 69.] Opencast Coal Act 1958;
(ii) Schedule 3 to the [1964 c. 40.] Harbours Act 1964;
(iii) paragraph 2 of Schedule 6 to the [1965 c. 36.] Gas Act 1965;
(iv) sections 1B, 58C, 58M, 58N, 206(6), 225 to 238, 281(6)(b) and 290(2) of, and Schedules 10 and 20 to, the [1971 c. 78.] Town and Country Planning Act 1971;
(v) the [1975 c. 70.] Welsh Development Agency Act 1975;
(vi) the [1976 c. 75.] Development of Rural Wales Act 1976;
(vii) sections 121 and 290 of the [1980 c. 66.] Highways Act 1980;
(viii) the [1981 c. 64.] New Towns Act 1981;
(ix) the [1981 c. 67.] Acquisition of Land Act 1981.
(11) References to a local authority in the following enactments (which define “local authority” by reference to the [1875 c. 83.] Local Loans Act 1875) shall not include references to the National Rivers Authority, namely—
(i) the [1958 c. 69.] Opencast Coal Act 1958;
(ii) the [1971 c. 78.] Town and Country Planning Act 1971;
(iii) Part I of Schedule 6 to the Highways Act 1980;
(iv) the New Towns Act 1981;
(v) the Acquisition of Land Act 1981.
2 Any reference in any enactment to the [1976 c. 44.] Drought Act 1976, including any reference by virtue of section 5(8) of that Act (general adaptation of references), shall have effect, in relation to any time on and after the transfer date, as a reference to the provisions of sections 131 to 135 of and Schedule 14 to this Act; and any reference to a particular enactment contained in that Act shall have effect, in relation to any such time, as a reference to the corresponding provision of those sections or that Schedule.
3 (1) Nothing in the Public Health Act 1875 (Support of Sewers) Amendment Act 1883 shall apply, on or after the transfer date, in relation to any sanitary work of a person other than a local authority or in relation to any sanitary work by virtue of section 73 of this Act.
(2) In this paragraph “local authority” and “sanitary work” have the same meanings as in the said Act of 1883.
4 In section 16 of the Public Health (Scotland) Act 1897 (definition of nuisance), in the proviso, after paragraph (b) there shall be inserted the following paragraph—
“(c) paragraphs (2) and (3) above shall not apply in relation to the supply of water for domestic purposes within the meaning of section 7 of the Water (Scotland) Act 1980.”
5 In section 227 of the Public Health Act 1936 (power of local authority to lay pipes for the purposes of baths), at the end there shall be inserted the words “and for the purposes of the provision, laying down or maintenance in any street of any such pipes or apparatus—
(a) the authority shall be entitled in relation to any such pipes or apparatus to exercise the same powers as, for the purpose of carrying out its functions, are conferred on a water undertaker in relation to relevant pipes by paragraph 2 of Schedule 19 to the Water Act 1989 (street works); and
(b) the provisions of that Act shall apply, with the necessary modifications, in relation to the power conferred by virtue of paragraph (a) above as they apply in relation to the power conferred by the said paragraph 2;
and in this section “street” has the same meaning as in that Schedule.”
6 (1) In subsection (1) of section 1 of the Rural Water Supplies and Sewerage Act 1944 (government contributions to expenses of water authorities for the purposes of rural water supplies and sewerage), for the words from “by a” to “in making” there shall be substituted the words—
“(a) by a water undertaker in providing a supply, or improving an existing supply, of water in a rural locality;
(b) by a sewerage undertaker in making”.
(2) In subsection (4) of that section, for the words “water authority”, wherever occurring, there shall be substituted the words “water undertaker or sewerage undertaker”.
7 (1) In section 14 of the 1945 Act (waste of water from wells and boreholes)—
(a) in subsection (10), for the words from “application” to “take” there shall be substituted the words “application of the National Rivers Authority, authorise that Authority to take”; and
(b) in subsection (12)—
(i) for the words from the beginning to “the authority”, in the first place where they occur, there shall be substituted the words “Any person authorised for the purpose by the National Rivers Authority”;
(ii) the words “if so required,” shall be omitted; and
(iii) for the words “the authority or undertakers have” there shall be substituted the words “the National Rivers Authority has”.
(2) In section 15(1) of the 1945 Act (agreements as to drainage of land)—
(a) for the words “Statutory water undertakers”, “undertakers consider”, “undertakers are” and “undertakers shall” there shall be substituted, respectively, the words “A water undertaker”, “undertaker considers”, “undertaker is” and “undertaker shall”; and
(b) for paragraph (a) of the proviso there shall be substituted the following paragraph—
“(a) consult the National Rivers Authority; and”.
(3) In section 16 of the 1945 Act (power to prohibit or restrict the use of hosepipes)—
(a) in subsection (1), for the words “statutory water undertakers are”, “distribution by them”, “they may”, “they think”, “their limits of supply” and “supplied by them” there shall be substituted, respectively, the words “water undertaker is”, “distribution by the undertaker”, “it may”, “it thinks”, “its area” and “supplied by the undertaker”;
(b) in subsections (2) and (4), for the word “undertakers”, in each place where it occurs, there shall be substituted the words “water undertaker”;
(c) in subsection (4), the words “to be settled in case of dispute by a court of summary jurisdiction” and the words from “The procedure” onwards shall be omitted; and
(d) in subsection (5)—
(i) for the words “any officer of the undertakers” there shall be substituted the words “any person authorised for the purpose by the water undertaker.”; and
(ii) the words “if so required” shall be omitted.
(4) In section 21 of the 1945 Act (penalty for polluting water used for human consumption)—
(a) in subsection (1)—
(i) for the words “any spring, well, borehole or adit, the water from” there shall be substituted the words “the water in any waterworks”; and
(ii) for the words “any such spring, well, borehole or adit” there shall be substituted the words “the water in any waterworks”;
(b) in subsection (2), for the words from the beginning to “adit”, in the second place where it occurs, there shall be substituted the words “Any person authorised for the purpose by any local authority or water undertaker within whose area any such waterworks are situated, or by any water undertaker which takes water from any such waterworks, shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is or has been any contravention of this section in relation to those waterworks”;
(c) after subsection (2) there shall be inserted the following subsection—
“(2A) Nothing in subsection (2) of this section shall entitle any person authorised for the purposes of that subsection by a local authority to have access to any waterworks belonging to a water undertaker.”;
and
(d) after subsection (3) there shall be inserted the following subsection—
“(4) In this section “waterworks” includes—
(a) any spring, well, adit, borehole, service reservoir or tank; and
(b) any main or other pipe or conduit of a water undertaker.”
(5) In section 35 of the 1945 Act (property in and damage to water fittings)—
(a) in subsection (2), for the words “fittings let for hire by the undertakers”, “undertakers as the actual owners” and “by, the undertakers” there shall be substituted, respectively, the words “water fittings let for hire by a water undertaker”, “water undertaker as the actual owner” and “by, the undertaker”; and
(b) in subsection (4), for the words “the undertakers” there shall be substituted, in the first place where they occur, the words “a water undertaker” and, in the second place, the words “the water undertaker”.
(6) In section 41 of the 1945 Act (power of companies to issue redeemable stock)—
(a) in subsection (1), for the words “all” to “may have” there shall be substituted the words “every statutory water company (within the meaning of the Water Act 1989) which has created and issued any redeemable stock or has”;
(b) in subsections (2) to (6), for the word “undertakers”, wherever it occurs, there shall be substituted the word “company”; and
(c) in paragraph (b) of the proviso to subsection (3), after the word “enactment” there shall be inserted the words “or resolution”.
(7) In section 43 of the 1945 Act (appointment of officers as directors), for the words from the beginning to “then” there shall be substituted the words “Subject to any provision of a memorandum and articles having effect by virtue of an order made for the purposes of section 101(2)(c) of the Water Act 1989 (substitution of memorandum and articles) and to any modification of any such memorandum and articles, the following provisions shall have effect in relation to any statutory water company (within the meaning of that Act)”.
(8) In section 45 of the 1945 Act (false information), for the words “record or journal or in furnishing any return, abstract or” there shall be substituted the words “journal or in furnishing any”.
(9) Section 46 of the 1945 Act (restriction on right to prosecute) shall cease to have effect.
(10) In section 56 of the 1945 Act (service of notices etc.), for the words from “consent” to “either” there shall be substituted the words “which is required by any provision of this Act to be given to any person may be given”.
(11) In section 59(1) of the 1945 Act (interpretation), in the definition of “watercourse”, for the words “local authority or a water authority” there shall be substituted the words “sewerage undertaker”.
8 In section 17(1) of the Requisitioned Land and War Works Act 1945 (publication of proposed orders relating to highways)—
(a) in paragraph (b), after the word “water,” there shall be inserted the word “sewerage,”; and
(b) after that paragraph there shall be inserted the following paragraph—
“(bb) to be sent to the National Rivers Authority where the National Rivers Authority has any mains or pipes laid along, across, over or under any such highways as aforesaid; and”.
9 (1) Subject to the following provisions of this paragraph, references in the Fire Services Act 1947 to statutory water undertakers or to water undertakers shall have effect as references to a water undertaker.
(2) In section 14 of that Act (supply of water by water undertakers)—
(a) in subsection (3), for the words before paragraph (a) there shall be substituted the words—
“The following provisions shall have effect in relation to any fire-hydrant for the time being provided by a water undertaker by being fixed on any pipe of the undertaker, that is to say”;
(b) for subsection (4) there shall be substituted the following subsection—
“(4) The obligations of a water undertaker under subsections (1) to (3) of this section or any agreement under subsection (1) of this section shall be enforceable under section 20 of the Water Act 1989 by the Secretary of State.”
(3) In section 15(2) of that Act (provision of water supply otherwise than by water undertakers), after the words “foregoing subsection” there shall be inserted the words “and without prejudice to sections 47(1) and 81(1) of the Water Act 1989”.
(4) In section 16 of that Act (notice to be given of proposed works affecting water supply and fire-hydrants)—
(a) in subsection (1), for paragraphs (a) and (b) there shall be substituted the words “not less than six weeks before the works are begun.”; and
(b) after subsection (2) there shall be inserted the following subsection—
“(3) Any authority or other person who, without reasonable excuse, fails within the required period to give any notice which he is required to give under this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”
(5) After subsection (4) of section 30 of that Act (requirement by senior fire officer to provide a greater supply or pressure of water) there shall be inserted the following subsection—
“(4A) Any water undertaker which, without reasonable excuse, fails to take any step which it is obliged to take by virtue of subsection (4) of this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”
10 In section 15(4)(c) of the Requisitioned Land and War Works Act 1948 (power to make regulations applying street works provisions of the 1945 Act), for the words “Part VI of the Third Schedule to the Water Act, 1945” there shall be substituted the words “paragraphs 2 and 3 of Schedule 19 to the Water Act 1989”.
11 (1) In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards)—
(a) in subsection (2)(b), for the words from the beginning to “drainage authority” there shall be substituted the words “the National Rivers Authority and any sea defence commissioners, internal drainage board”; and
(b) in subsection (8)(a), for the words from the beginning to “drainage authority” there shall be substituted the words “in relation to the National Rivers Authority, an internal drainage board”.
(2) In section 5 of that Act (objections to, and approval of, proposals to carry out coast protection work)—
(a) in subsection (1), for the words from “on any” to “whose area” there shall be substituted the words “on the National Rivers Authority and on any internal drainage board in whose district”; and
(b) in subsection (6), for the words from “in the area” onwards there shall be substituted the words “the coast protection authority shall, before or as soon as possible after the commencement of the work, give notice of the nature of the work—
(a) to the National Rivers Authority where it is not represented on the coast protection authority; and
(b) to any internal drainage board which are not so represented and in whose district the work is to be or has been carried out.”
(3) In section 8(1) of that Act (notice to be given where a coast protection authority prepares a works scheme), for the words from “on any” to “whose area” there shall be substituted the words “on the National Rivers Authority and on any internal drainage board in whose district”.
(4) In section 16(4) of that Act (notice to be given to a coast protection authority for an adjoining area before an application relating to coast protection work is determined), for the words from “and to any” onwards there shall be substituted the words “and to the National Rivers Authority and to any internal drainage board whose district comprises the whole or any part of their area, and shall consider any representations made by the National Rivers Authority or by any such authority or board.”
(5) In section 17 of that Act (notification to coast protection authority of coast protection work to be carried out by certain authorities)—
(a) in subsection (3), for the words from “and to any” to “whose area” there shall be substituted the words “to the National Rivers Authority and to any internal drainage board whose district”; and
(b) in subsection (9), for the words from “served” to “drainage authority” there shall be substituted the words “served by the National Rivers Authority or an internal drainage board”.
(6) In section 45(1)(b) of that Act (service of notices and other documents), for the words from “or a coast” to “drainage authority” there shall be substituted the words “including the National Rivers Authority and an internal drainage board, or a coast protection board”.
(7) In section 47 of that Act (savings), for paragraph (c) there shall be substituted the following paragraph—
“(c) authorise or require any person—
(i) to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable by the National Rivers Authority or an internal drainage board, or
(ii) to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained by the National Rivers Authority or an internal drainage board,
unless the National Rivers Authority or the internal drainage board consents or the work is done by, or under a scheme prepared by, a coast protection board on which the National Rivers Authority or the internal drainage board is represented and is to be carried out in the area of that coast protection board;”.
(8) In paragraph 1(b) of Schedule 1 to that Act (procedure for making orders), for the words from the beginning to “drainage authority” there shall be substituted the words “on the National Rivers Authority and on any sea defence commissioners, coast protection board, internal drainage board”.
(9) In Schedule 2 to that Act (provisions as to orders restricting excavation of materials from the seashore), in each of paragraphs 2 and 12, for the words from “any catchment” to “whose area” there shall be substituted the words “the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,”.
12 In section 28 of the Agricultural Holdings (Scotland) Act 1949 (Land Court may grant certificate of failure to fulfil responsibilities to farm in accordance with rules of good husbandry), at the end there shall be added the words—
13 (1) In section 20(2) of the National Parks and Access to the Countryside Act 1949 (byelaws for protection of nature reserves), in the proviso, for the words from “undertakers” to “drainage authority” there shall be substituted the words “undertakers, or an internal drainage board”.
(2) In section 99(6) of that Act (contributions by local authorities), for the words from “incurred by” to “being” there shall be substituted the words “incurred by the National Rivers Authority or an internal drainage board being”.
(3) In Schedule 1 to that Act (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(4)—
(a) for the words “the persons carrying on a statutory undertaking, being a water undertaking,” there shall be substituted the words “the National Rivers Authority or a water undertaker”; and
(b) for the words “the undertaking” there shall be substituted the words “the statutory undertaking carried on by that Authority or, as the case may be, undertaker”.
Water Act 1989