Office of Public Sector Information
SCHEDULE 25 continued
14 In section 39(1) of the Public Utilities Street Works Act 1950 (interpretation), in the definition of “sewer authority”, for the words “the authority” there shall be substituted the words “the person”.
15 The Border Rivers (Prevention of Pollution) Act 1951 shall cease to have effect.
16 In section 20(4) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (modifications of Rent Acts as respects occupation by employees), for the words from “or to provide” onwards there shall be substituted the words “or being powers or duties of an internal drainage board.”
17 In section 18(6) and section 19(3) of the Rivers (Prevention of Pollution) (Scotland) Act 1951, for the words from “tidal waters” to “an authority” there shall be substituted the words “controlled waters within the meaning of section 30A of the Control of Pollution Act 1974” and for the word “authority's” there shall be substituted the words “river purification authority's”.
18 Subsections (1)(a) and (2) of section 74 of the Finance Act 1952 (stamp duties in relation to the transfer of undertakings of any water undertakers) shall cease to have effect.
19 (1) In section 2(2) of the Town Development Act 1952 (contributions to specified expenses)—
(a) for paragraph (e) there shall be substituted the following paragraph—
“(e) payments under section 41 of the Water Act 1989 in respect of the provision of a water main needed for the purposes or in consequence of the development;”
(b) in paragraph (ee), for the words “section 16 of the Water Act 1973” there shall be substituted the words “section 72 of the Water Act 1989”; and
(c) in paragraph (f), for the words from “to a” to “drainage authority”, in the second place where those words occur, there shall be substituted the words “to the National Rivers Authority or to an internal drainage board in respect of expenses incurred by the National Rivers Authority or the internal drainage board”.
(2) In section 8(1)(b) of that Act (the kinds of action for which provision for participation by agreement may be made), for the words from “participating council” to “being action” there shall be substituted the words “participating council, being action”.
(3) In section 16 of that Act (contributions to expenses of land drainage works), for the words from “incurred by” to “drainage authority” there shall be substituted the words “incurred by the National Rivers Authority or by an internal drainage board”.
20 Section 6(2) of the Local Government (Miscellaneous Provisions) Act 1953 (which makes provision as to access to sewers and other apparatus) shall have effect as if the references to water undertakers included references to the Authority, a water undertaker and a sewerage undertaker.
21 In section 1(1) of the Rural Water Supplies and Sewerage Act 1955 (Government contributions to expenses of a water authority), for the words “water authority” there shall be substituted the words “water undertaker or sewerage undertaker”.
22 In section 22A of the Valuation and Rating (Scotland) Act 1956 (exemption of certain fishings from rates), in subsection (1)(c)(ii) for the words from “paragraph 1(a)” onwards there shall be substituted the words “section 28(3)(a) of that Act”.
23 In section 5(7) of the Coal-Mining (Subsidence) Act 1957 (special provisions with respect to damage affecting land drainage), for the words from “that Act” to “in whose area” there shall be substituted the words “that Act, the National Rivers Authority or, in any other case, the internal drainage board (as defined as aforesaid) in whose district”.
24 (1) In section 1(3)(a) of the Manoeuvres Act 1958 (notice to certain bodies where provision to authorise execution of manoeuvres is proposed in parts of their areas), for sub-paragraph (i) there shall be substituted the following sub-paragraph—
“(i) to the National Rivers Authority and to any local authority or parish or community council any part of whose area is included in the manoeuvres area;”.
(2) In section 2(1) of that Act (powers exercisable for purposes of manoeuvres)—
(a) in the proviso, for the words “source of supply belonging to a private owner or public authority” there shall be substituted the words “relevant source of supply”; and
(b) after the proviso there shall be inserted the words—
“In this section “relevant source of supply” means a source of supply which belongs to the National Rivers Authority, a water undertaker or a private owner, or from which the National Rivers Authority, a water undertaker or a private owner is authorised to take water.”
25 Subsection (5) of section 35 of the Finance Act 1958 (miscellaneous amendments in connection with stamp duty) shall cease to have effect.
26 (1) In section 7 of the Opencast Coal Act 1958 (limitation on compulsory rights orders)—
(a) in subsection (2)(c), for the words from “or of the body” to “drainage authority,” there shall be substituted the words “or of any internal drainage board”; and
(b) for subsection (8) there shall be substituted the following subsection—
“(8) In this section “statutory water undertakers” means the National Rivers Authority, a water undertaker or a sewerage undertaker and “local enactment” means any local statutory provision within the meaning of the Water Act 1989.”
(2) In section 12(1) of that Act (removal and disposal of chattels from land comprised in compulsory rights order), in the proviso, for the words from “or to the body” to “that authority” there shall be substituted the words “and used by those undertakers for the purposes of their undertaking or belonging to an internal drainage board and used by that board”.
(3) In section 13(2) of that Act (apparatus of statutory undertakers and other bodies), for paragraph (b) there shall be substituted the following paragraph—
“(b) as if any reference in those provisions to the person carrying on a statutory undertaking included a reference to an internal drainage board and, in relation to an internal drainage board, any reference to the carrying on of the undertaking were a reference to the performance of the functions of the board.”
(4) In section 39(6)(b) of that Act (restrictions on powers to enter land for the purpose of carrying out operations), for the words from “a sewerage” to “drainage authority, to” there shall be substituted the words “by an internal drainage board, and those persons or that board object to the proposed operations on the ground that the carrying out of the operations would be seriously detrimental to the carrying on of their undertaking, or, in the case of an internal drainage board, to”.
(5) In section 51(1) of that Act (interpretation), in the definition of “appropriate Minister”, in paragraph (e), for the words “drainage authority” there shall be substituted the words “internal drainage board”.
27 (1) In section 8(2) of the Radioactive Substances Act 1960 (Ministers to consult before granting an authorisation of disposal of radioactive waste), for the words from “such local authorities” to “local fisheries” there shall be substituted the words “such local authorities, local fisheries”.
(2) In section 9 of that Act (provisions as to functions of public and local authorities)—
(a) in subsection (2)(b)(ii), for the words from “any local authority” to “local fisheries” there shall be substituted the words “any local authority, local fisheries”; and
(b) in subsection (3), for the words from “a local authority” to “local fisheries” there shall be substituted the words “a local authority, local fisheries”.
(3) In section 19(1) of that Act (interpretation), for the definition of “statutory water undertakers” there shall be substituted the following definition—
““statutory water undertakers” means the National Rivers Authority, a water undertaker or a sewerage undertaker;”.
(4) In Part I of Schedule 1 to that Act (enactments to which section 9(1) applies)—
(a) for paragraph 6 there shall be substituted the following paragraph—
“6 Section 21 of the Water Act 1945.”;
and
(b) after paragraph 8E there shall be inserted the following paragraph—
“8F Section 111 of, or paragraph 57(2)(b) of Schedule 26 to, the Water Act 1989.”
28 In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies in England and Wales), at the end there shall be inserted the following sub-paragraphs—
“(i) regional and local flood defence committees;
(j) advisory committees established and maintained under section 2 or 141 of the Water Act 1989;
(k) customer service committees established and maintained under section 6 of that Act.”;
and the functions of those committees shall be regarded as public functions for the purposes of that Act.
29 (1) In section 11(4)(a) of the Trustee Investments Act 1961 (authorities who may invest property in accordance with Local Authority investment schemes), for the words from “parish” to “the Common” there shall be substituted the words “parish, the Common”.
(2) Paragraph 10 of Part II of Schedule 1 to that Act (investments in debentures or in guaranteed or preference stock of a statutory water company to be narrower-range investment) shall cease to have effect except in so far as it relates to the debentures or guaranteed or preference stock of a company which is a statutory water undertaker within the meaning of an enactment in force in Northern Ireland.
(3) Sub-paragraph (2) above shall not require any property which immediately before the coming into force of this paragraph is, by virtue of the said paragraph 10, comprised in a particular part of any fund to be treated, for the purposes of that Act or any other purpose, as comprised in a different part of that fund.
30 (1) In section 37 of the Pipe-lines Act 1962 (fire brigades, police etc. to be notified of certain pipe-line accidents and to be furnished with information)—
(a) in subsection (1)—
(i) in paragraph (b), for the words from the beginning to “statutory water” there shall be substituted the words “to all statutory water”; and
(ii) in paragraph (c), for the words “sewerage authorities” there shall be substituted the words “sewerage undertakers”;
(b) in subsection (2)—
(i) in paragraph (b), for the words from the beginning to “statutory water” there shall be substituted the words “in the case of any statutory water”; and
(ii) in paragraph (c), for the words “sewerage authority” there shall be substituted the words “sewerage undertaker”.
(2) In section 66(1) of that Act (interpretation)—
(a) in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”; and
(b) for the definition of “statutory water undertakers” there shall be substituted the following definition—
““statutory water undertakers” means the National Rivers Authority or a water undertaker;”.
31 (1) References in the Harbours Act 1964 to river works powers shall include references to any powers of the Authority to carry out works which are conferred by section 145 of this Act or by or under Part IV of this Act.
(2) In section 58 of that Act (drainage and river authorities not to be harbour authorities for purposes of that Act if not possessing exceptional powers), for the words “a water authority” there shall be substituted the words “the National Rivers Authority, a water undertaker”.
(3) In paragraph 6(2) of Schedule 3 to that Act (procedure for making harbour revision and empowerment orders), in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.
32 (1) In section 8(5) of the Gas Act 1965 (liability to pay compensation where consent to controlled operations is refused), for the words from “or by” to “it shall” there shall be substituted the words “or by the National Rivers Authority, it shall”.
(2) In section 9(5) of that Act (compensation for withdrawal of consent or variation of conditions), for the words from “or by” to “it shall” there shall be substituted the words “or by the National Rivers Authority, it shall”.
(3) In section 15 of that Act (responsibility of public gas supplier for interference with supplies of water)—
(a) in subsection (2)(a), for the words from “undertakers” to “shall” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall”;
(b) in subsection (3), for the words from “undertakers”, in the first place where it occurs, to “provide” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall, if the statutory water undertakers or the National Rivers Authority provide”;
(c) in subsection (4), for the words from “undertakers” to “shall” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall”;
(d) in subsection (5)(b), for the words from “charges”, in the first place where it occurs, to “so payable” there shall be substituted the words “amounts payable—
(i) by virtue of section 129 of the Water Act 1989; and
(ii) in respect of the alternative supply of water to which subsection (3) or subsection (4) of this section relates,
having regard to the amount, if any, which would have been payable as mentioned in sub-paragraph (i) above”; and
(e) in subsection (10), for the words from “undertakers” to “or any” there shall be substituted the words “undertakers, the National Rivers Authority or any”.
(4) In section 17(5) of that Act (duty of public gas supplier to make arrangements with various bodies on the occurrence of any accident), in paragraph (a) for the words from the beginning to “undertakers” there shall be substituted the words “for the National Rivers Authority and for every police force, fire authority, statutory water undertakers and sewerage undertaker”.
(5) In section 28 of that Act (interpretation)—
(a) in subsection (1), in the definition of “Minister concerned with water resources”, for paragraphs (a) to (c) there shall be substituted the following paragraph—
“(a) in relation to England and Wales, the Secretary of State;”
and
(b) for the definition of “statutory water undertakers” in that subsection there shall be substituted the following definition—
““statutory water undertakers” means any water undertaker”;
and subsection (5) shall have effect as if the reference in that subsection to section 56(1)(b) of the [1963 c. 38.] Water Resources Act 1963 included a reference to paragraph 32(1)(a) of Schedule 26 to this Act.
(6) In Schedule 2 to that Act (storage authorisation orders), in each of paragraphs 4(2), 7(3), 12(1) and 16(2)—
(a) in paragraph (a), for the words from “authority, every” to “within” there shall be substituted the words “authority and every local authority who are not a local planning authority, being, in either case, an authority within”;
(b) in paragraph (b), for the words “limits of supply” there shall be substituted the word “area”; and
(c) after paragraph (b) there shall be inserted the following paragraph—
“(bb) on the National Rivers Authority, and”;
and, in paragraph 12(6), after the words “paragraph (b)” there shall be inserted the words “or paragraph (bb)”.
(7) In Schedule 3 to that Act (certificates as respects planning permission and grant of statutory licences to abstract water)—
(a) in paragraph 4—
(i) in sub-paragraph (1), for the words from “apply to” onwards there shall be substituted the words “apply to the National Rivers Authority for a certificate under this Schedule as respects those controlled operations.”;
(ii) in sub-paragraph (2), for the words from the beginning to “shall” there shall be substituted the words “Where such an application is made, the National Rivers Authority shall”;
(iii) in sub-paragraph (3), for the words from the beginning to “statutory” there shall be substituted the words “Where, in the opinion of the National Rivers Authority, a statutory”; and
(iv) in sub-paragraph (4), for the words from the beginning to “shall” there shall be substituted the words “On issuing the certificate, the National Rivers Authority shall”;
(b) in paragraph 5—
(i) in sub-paragraph (1), for the words from the beginning to “have issued” there shall be substituted the words “Where the National Rivers Authority has issued”;
(ii) in sub-paragraph (3), for the words from “and to” to “opportunity” there shall be substituted the words “and to the National Rivers Authority an opportunity”; and
(iii) in sub-paragraph (4), for the words from the beginning to “had issued” there shall be substituted the words “Where an application is made to the National Rivers Authority for a certificate under this Schedule and at the expiry of any period prescribed by regulations under this Schedule (or if an extended period is at any time agreed upon in writing by the applicant and the National Rivers Authority, at the end of that period) no certificate has been issued by the National Rivers Authority in accordance with this Schedule, the foregoing provisions of this paragraph shall apply as if the National Rivers Authority had issued”;
and
(c) in paragraph 6, for the words from “Schedule, the” to “or as” there shall be substituted the words “Schedule, the National Rivers Authority or as”.
(8) In Part II of Schedule 4 to that Act (compulsory purchases affecting supplies of water), in paragraph 5—
(a) in sub-paragraph (1), for the words from “undertakers or a” to “provide” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall, if the statutory water undertakers or the National Rivers Authority provide”;
(b) in sub-paragraph (2), for the words from “undertakers” to “shall” there shall be substituted the words “undertakers or the National Rivers Authority, the public gas supplier shall”; and
(c) in sub-paragraph (4)(b), for the words from “charges”, in the first place where it occurs, to “fees”, in the fourth place where it occurs, there shall be substituted the words “amounts payable, by virtue of section 129 of the Water Act 1989, in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the amounts payable by virtue of that section in respect of the protected right (or where amounts are payable by virtue of that section in respect of an alternative supply but no amounts”.
(9) In Schedule 6 to that Act (power to enter on land and to prospect and survey land), in paragraph 2—
(a) for sub-paragraph (3) there shall be substituted the following sub-paragraph—
“(3) If notice of intention to carry out any such operations is given as respects land which is held by statutory undertakers or by an internal drainage board, and the statutory undertakers or the internal drainage board object to the proposed operations on the ground that the carrying out of the operations would be seriously detrimental to the carrying on of their undertaking or, in the case of an internal drainage board, to the performance of their functions, the operations shall not be carried out except with the consent of the appropriate Minister.”
(b) in sub-paragraph (4), for the words from “statutory” to “the undertakers” there shall be substituted the words “the National Rivers Authority or by statutory water undertakers unless he complies with any reasonable requirements imposed by the National Rivers Authority or, as the case may be, by the undertakers”; and
(c) in sub-paragraph (6), for paragraph (c) there shall be substituted the following paragraph—
“(c) when used in relation to an internal drainage board, means the Secretary of State or the Minister of Agriculture, Fisheries and Food.”
33 In section 3(3) of the Nuclear Installations Act 1965 (service of notices on specified bodies in connection with grant of nuclear site licences), for paragraph (b) there shall be substituted the following paragraph—
“(b) the National Rivers Authority, any water undertaker or any local fisheries committee;”.
34 In section 50(3) of the Agriculture Act 1967 (bodies which are excepted from control of sale of certain land), for paragraph (g) there shall be substituted the following paragraph—
“(g) the National Rivers Authority or any water undertaker or sewerage undertaker;”.
35 In section 28(5) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after paragraph (e) there shall be inserted the following paragraph—
“(ee) to the National Rivers Authority;”.
36 In section 7 of the Capital Allowances Act 1968 (definition of industrial building or structure)—
(a) in subsection (1)(b), after the word “water” there shall be inserted the word “sewerage”; and
(b) in subsection (5), after the definition of “water undertaking” there shall be inserted the following definition—
““sewerage undertaking” means an undertaking for the provision of sewerage services within the meaning of the Water Act 1989;”.
37 (1) In section 8(4) of the Countryside Act 1968 (local authority to consult various bodies before providing certain recreational facilities), for the words from “of, any” to “such other” there shall be substituted the words “of, the National Rivers Authority and such”.
(2) In section 12(4) of that Act (local planning authorities to consult various bodies before providing facilities in or near National Parks), for the words from “of, any” to “such other” there shall be substituted the words “of the National Rivers Authority and such”.
(3) In section 13(7) of that Act (lakes in National Parks -exemption from the making of byelaws for lakes owned by certain bodies), for the words from “managed” onwards there shall be substituted the words “managed by any statutory undertakers”.
(4) In section 16(7) of that Act (local planning authorities to consult certain bodies before making agreement or order relating to access to open country), for the words from “of, any” to “question and” there shall be substituted the words “of the National Rivers Authority, and”.
(5) In section 38 of that Act (avoidance of pollution), for the words “statutory water undertakers or which statutory water undertakers are” there shall be substituted the words “the National Rivers Authority or a water undertaker or which that Authority or a water undertaker is”.
38 (1) In section 109 of the Transport Act 1968 (powers to maintain or take over waterways and connected works)—
(a) in subsection (2)—
(i) for paragraph (b) there shall be substituted the following paragraph—
“(b) the National Rivers Authority;”
(ii) for paragraph (h) there shall be substituted the following paragraph—
“(h) a water undertaker;”
(b) in subsection (3), for paragraph (b) there shall be substituted the following paragraph—
“(b) the National Rivers Authority unless the Ministers (as defined in section 82(9) of the Water Resources Act 1963) have consented to the agreement or transfer;”
and
(c) in subsection (5)—
(i) for the words from “authority or” to “may” there shall be substituted the words “authority may”; and
(ii) for the words from “authorities (whether” to “who” there shall be substituted the words “authorities who”.
(2) In section 112 of that Act (power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Waterways Board)—
(a) in subsection (2), for the words from “any local” to “in whose” there shall be substituted the words “the National Rivers Authority or any local authority in whose”; and
(b) in subsection (3)(a), for the words from “local authority” to “or the” there shall be substituted the words “local authority, the National Rivers Authority or the”.
(3) In section 113(5) of that Act (byelaws in respect of waterways owned or managed by certain bodies), in the definition of “relevant authority”, for the words from “means” to “order)” there shall be substituted the words “means, except in a case where it is itself the applicant for the order, the National Rivers Authority or any local authority”.
(4) In paragraph 5(2) of Schedule 13 to that Act (inquiries in connection with proposed orders relating to inland waterways), in paragraph (a), for the words from “authority or” onwards there shall be substituted the words “authority or the National Rivers Authority”.
39 In section 7(1A) of the Post Office Act 1969 (power of the Post Office to perform services for various bodies), for paragraph (c) there shall be substituted the following paragraph—
“(c) the National Rivers Authority or any water undertaker or sewerage undertaker;”.
40 The powers conferred by section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) shall be exercisable by a local authority, within the meaning of that section, as if the Authority were a public body within the meaning of that section; and the powers of a local authority under that Act shall be deemed to include power to enter into an agreement for the collection and recovery by the authority, on behalf of any water undertaker or sewerage undertaker, of any charges fixed by the undertaker under Chapter IV of Part II of the Water Act 1989.
41 (1) In section 98 of the Agriculture Act 1970 (extent of Part VI of that Act), for the words from “regional” to “1973” there shall be substituted the words “National Rivers Authority”.
(2) Where before the transfer date there is power, by virtue of any saving under Part I of Schedule 3 to that Act, for grants to be made for any purposes to statutory water undertakers, then on and after that date that power shall be exercisable by virtue of that saving as a power to make grants for those purposes to water undertakers.
42 (1) In section 215 of the Town and Country Planning Act 1971 (procedure for making of orders by Secretary of State)—
(a) in subsection (2)(a), after the word “mains,” there shall be inserted the word “sewers,”; and
(b) after subsection (7) there shall be inserted the following subsection—
“(7A) In subsection (2) of this section the reference to water undertakers shall be construed as a reference to the National Rivers Authority or any water undertaker or sewerage undertaker.”
(2) In section 223(2)(b) of that Act (cases in which land is to be treated as not being operational land), for the words “1986 or” there shall be substituted the words “1986, the Water Act 1989 or”.
(3) In section 290(1) of that Act (interpretation)—
(a) in the definition of “local authority”, for the words from “includes” to “any drainage” there shall be substituted the words “includes any drainage”; and
(b) in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.
43 (1) In section 223(2) of the Local Government Act 1972 (appearance of local authorities in legal proceedings), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”.
(2) In Schedule 13 to that Act (borrowing and lending by local authorities)—
(a) in paragraph 1(a), for the words from “police” to “harbour” there shall be substituted the words “police or harbour”; and
(b) in paragraph 13(2), for the words from “police” onwards there shall be substituted the words “police authority”.
44 (1) In section 44(2) of the Land Compensation Act 1973 (compensation for injurious affection), after the words “Gas Act 1986” there shall be inserted the words “paragraph 3 of Schedule 18 to the Water Act 1989”.
(2) In section 58(2) of that Act (determination of material detriment where part of house etc. proposed for compulsory acquisition), after the words “Gas Act 1986” there shall be inserted the words “paragraph 4 of Schedule 18 to the Water Act 1989”.
45 (1) The Director General of Fair Trading shall consult with the Director before publishing under section 124 of the Fair Trading Act 1973 (publication of information or advice) any information or advice which the Director has power to publish under section 34(2) of this Act.
(2) Section 125(1) of that Act (annual and other reports) shall not apply to activities of the Monopolies Commission on which the Director is required to report by section 35(1) of this Act.
(3) In section 133(2)(a) of that Act (exceptions to general restriction on disclosure of information), after the words “the Civil Aviation Authority,” there shall be inserted the words “the Director General of Water Services,” and after the words “the [1986 c. 31.] Airports Act 1986,” there shall be inserted the words “or the Water Act 1989,”.
(4) In Part I of Schedule 7 to that Act (goods and services wholly excluded from section 50 of that Act), paragraph 4 (water) shall be omitted.
Water Act 1989