Water Act 1989 (c. 15)

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The Health and Safety at Work etc. Act 1974 (c. 37)

46 In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information)—

(a) in subsection (3)(c), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii) an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,”;

and

(b) in subsection (5)(b), for the words from “local authority” to “or board” there shall be substituted the words “body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body”.

The Consumer Credit Act 1974 (c. 39)

47 In section 174(3)(a) of the Consumer Credit Act 1974 (exceptions to restrictions on disclosure of information), after the words “Consumer Protection Act 1987” there shall be inserted the words “or the Water Act 1989” and after the words “the Civil Aviation Authority,” there shall be inserted the words “the Director General of Water Services,”.

The Control of Pollution Act 1974 (c. 40)

48 (1) In section 2(3)(a) of the Control of Pollution Act 1974 (duty of a disposal authority to consult various bodies in preparing or revising a waste disposal plan), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

“(i) the National Rivers Authority, and”.

(2) In section 3 of that Act (prohibition on unlicensed disposal of waste), after subsection (4) there shall be inserted the following subsection—

“(5) In this section and subsections (5) and (6) of the following section “land” includes land covered with waters where the land is above the low-water mark of ordinary spring tides and the waters are not inland waters (within the meaning of Chapter I of Part III of the Water Act 1989).”

(3) In section 5(4) of that Act (duty imposed on disposal authority where it proposes to issue disposal licence)—

(a) in paragraph (a), for the words “any water authority whose area includes any part of the relevant land” there shall be substituted the words “the National Rivers Authority”; and

(b) in the words following paragraph (b), for the words “a water authority to which the proposal is referred” there shall be substituted the words “the National Rivers Authority”.

(4) In section 11 of that Act (special provisions for land occupied by disposal authorities)—

(a) in subsection (3)—

(i) in paragraph (c), for the words “any water authority whose area includes any of the land in question” there shall be substituted the words “the National Rivers Authority”;

(ii) in paragraph (d), for the words “a water authority,” there shall be substituted the words “the National Rivers Authority, a”;

(b) in subsection (5), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”;

(c) in subsection (9), for the words from the beginning to the word “request” there shall be substituted the words “If it appears to the National Rivers Authority that activities to which a resolution in pursuance of this section relates are causing or are likely to cause pollution to controlled waters, the National Rivers Authority may, without prejudice to the provisions of the preceding subsection or of Chapter I of Part III of the Water Act 1989, request”; and

(d) for subsection (11) there shall be substituted the following subsection—

“(11) In this section—

(a) “land” has the same meaning as in section 3 of this Act; and

(b) “controlled waters” has the same meaning as in Chapter I of Part III of the Water Act 1989.”

(5) In section 14 of that Act (disposal of waste in England and Wales)—

(a) in subsection (9), for the words “water authority”, wherever they occur, there shall be substituted the words “sewerage undertaker”;

(b) in subsection (10)—

(i) for the words “water authority”, in both places where they occur, there shall be substituted the words “sewerage undertaker”; and

(ii) for the words “the authority” there shall be substituted the words “the undertaker”;

and

“(11) For the purposes of so much of the Water Act 1989 as relates to charging by sewerage undertakers the reception and disposal by a sewerage undertaker or other person of matter delivered to it or him by another sewerage undertaker in pursuance of subsection (9) of this section shall be treated as a service provided for that other undertaker by the sewerage undertaker in the course of carrying out its functions.”

(6) In section 28(1) of that Act (supplementary provisions relating to pipes), for the words “21(4) or 26” there shall be substituted the words “or 21(4)”.

(7) In section 62(2)(a) of that Act (exceptions to restrictions on the use of loudspeakers in a street), for the words “a water authority” there shall be substituted the words “the National Rivers Authority, a water undertaker or a sewerage undertaker”.

(8) In section 73(1) of that Act (interpretation of Part III of that Act), in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

(9) In section 90(2) of that Act (establishment charges and interest in respect of certain expenses of authorities), for the words from the beginning to “any other” there shall be substituted the words “Where a sum is payable to a”.

(10) For section 95 of that Act there shall be substituted the following section—

“95 Service of documents on and by certain undertakers

Section 187 of the Water Act 1989 (service of documents) shall apply for the purposes of the service of any document required or authorised by virtue of this Act to be served on or by a water undertaker or sewerage undertaker as it applies for the purposes of the service of any document required or authorised by virtue of that Act to be served on or by any person.”

(11) In section 98 of that Act (interpretation of Part V of that Act), in the definition of “relevant authority”, after the words “Middle Temple” there shall be inserted the words “and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker”.

The Reservoirs Act 1975 (c. 23)

49 In section 1(4)(a) of the Reservoirs Act 1975 (meaning of “undertakers” for the purposes of that Act), for the words “a water authority, that authority” there shall be substituted the words “the National Rivers Authority or a water undertaker, that Authority or, as the case may be, undertaker”.

The Coal Industry Act 1975 (c. 56)

50 Paragraph 5(3) of Schedule 1 to the Coal Industry Act 1975 (supplementary provisions relating to right to withdraw support) shall have effect as if the reference to a company or other body or person carrying on an undertaking primarily for the supply of water for public purposes or to members of the public included a reference to the Authority, a water undertaker and a sewerage undertaker.

The Welsh Development Agency Act 1975 (c. 70)

51 In section 27(1) of the Welsh Development Agency Act 1975 (interpretation), in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Local Land Charges Act 1975 (c. 76)

52 In section 1(1)(a) of the Local Land Charges Act 1975 (local land charges), after the words “water authority” there shall be inserted the words “sewerage undertaker”.

The Restrictive Trade Practices Act 1976 (c. 34)

53 In section 41(1)(a) of the Restrictive Trade Practices Act 1976 (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 “or the Airports Act 1986” there shall be inserted the words “or the Water Act 1989”.

The Development of Rural Wales Act 1976 (c. 75)

54 In section 34(1) of the Development of Rural Wales Act 1976 (interpretation), in paragraph (a) of the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Interpretation Act 1978 (c. 30)

55 (1) Schedule 1 to the Interpretation Act 1978 (definitions of words and expressions) shall be amended as follows.

(2) After the definition of “Secretary of State” there shall be inserted the following definition—

““Sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.”

(3) For the definitions of “Water authority” and “water authority area” there shall be substituted the following definition—

““Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.”

The Employment Protection (Consolidation) Act 1978 (c. 44)

56 In section 29(1)(f) of the Employment Protection (Consolidation) Act 1978 (time off for public duties), for the words “a water authority or, in Scotland,” there shall be substituted the words “the National Rivers Authority or, in Scotland, a”.

The Estate Agents Act 1979 (c. 38)

57 In section 10(3)(a) of the Estate Agents Act 1979 (exceptions to restrictions on disclosure of information), after the words “Consumer Protection Act 1987” there shall be inserted the words “or the Water Act 1989” and after the words “the Civil Aviation Authority,” there shall be inserted the words “the Director General of Water Services,”.

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

58 In section 61(2) of the Ancient Monuments and Archaeological Areas Act 1979 (meaning of “statutory undertakers” for the purposes of that Act), in paragraph (a), for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Competition Act 1980 (c. 21)

59 (1) For paragraph (c) of section 11(3) of the Competition Act 1980 (references of public bodies etc. to the Monopolies Commission) there shall be substituted the following paragraph—

“(c) the National Rivers Authority;”.

(2) In section 19 of that Act (restriction on disclosure of information)—

(a) in subsection (2)(a), after the words “the Civil Aviation Authority,” there shall be inserted the words “the Director General of Water Services,”; and

(b) in subsection (3), after paragraph (k) there shall be inserted the following paragraph—

“(l) the Water Act 1989.”

The Water (Scotland) Act 1980 (c. 45)

60 (1) In section 31 of the Water (Scotland) Act 1980 (consultation with authorities in England), for the words “water authorities” there shall be substituted the words “water undertakers”.

(2) In section 65 of that Act (power of council to make charging order)—

(a) in subsection (1) after the words “Register of Sasines” there shall be added the words “or registering it in the Land Register of Scotland, as the case may be”;

(b) in subsection (3) after the words “Register of Sasines” there shall be inserted the words “or registering it in the Land Register of Scotland, as the case may be”;

(c) in subsection (4) after the words “Register of Sasines” there shall be inserted the words “or (as the case may be) in the Land Register of Scotland in a case where the interest in land affected by the order is registered in that Register”;

(d) in subsection (5) after the words “Register of Sasines” there shall be inserted the words “or registered in the Land Register of Scotland, as the case may be”;

(e) in subsection (6) after the words “Register of Sasines” there shall be inserted the words “or registered in the Land Register of Scotland, as the case may be”;

(f) in subsection (9) at the end there shall be added the words “and shall, on request, be entitled to receive a discharge in respect of the redemption which may be registered, notwithstanding its form, in the Register of Sasines or Land Register of Scotland, as the case may be.”;

(g) in subsection (10) after the word “order” there shall be inserted the words “or discharge”.

The Local Government, Planning and Land Act 1980 (c. 65)

61 (1) In section 4 of the Local Government, Planning and Land Act 1980 (power to direct bodies to publish information)—

(a) for paragraph (c) of subsection (4) there shall be substituted the following paragraph—

“(c) the National Rivers Authority.”

(b) after subsection (5) there shall be inserted the following subsection—

“(5A) In this section “the relevant Minister” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food.”

and

(2) In section 8(1)(b) of that Act (meaning of “functional work”), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii) a sewerage undertaker; or”.

(3) In section 108(1) of that Act (meaning of “statutory undertakers” for the purposes of Part XII of that Act), in paragraph (a) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

(4) In section 170(1) of that Act (meaning of “statutory undertakers” for the purposes of Part XVI of that Act), in paragraph (a) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

(5) In section 185(2)(b) of that Act (byelaws in relation to the operation of pleasure boats or vessels on inland waters), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”.

(6) In Schedule 16 to that Act (bodies to whom Part X of that Act applies)—

(a) after paragraph 17 there shall be inserted the following paragraph—

“17A The National Rivers Authority”;

and

(b) in the definition of “statutory undertakers”, for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

(7) In paragraph 2 of Schedule 19 to that Act (public authorities defined for the purposes of section 103(5) of that Act), for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Highways Act 1980 (c. 66)

62 (1) After subsection (4) of section 21 of the Highways Act 1980 (extinguishment of rights of statutory undertakers as to apparatus etc.) there shall be inserted the following subsection—

“(4A) Subsection (4) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that subsection, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.”

(2) In section 73 of that Act (power to prescribe improvement line for widening streets)—

(a) in subsection (3), after the word “main,” there shall be inserted the word “sewer,”; and

(b) in subsection (11)(c), at the end there shall be inserted the words “or by sewerage undertakers as a pumping station or sewage disposal works”.

(3) In section 74 of that Act (power to prescribe a building line)—

(a) in subsection (3)—

(i) for the words “or water undertakers” there shall be substituted the words “water undertakers or sewerage undertakers”; and

(ii) after the word “main,” there shall be inserted the word “sewer,”;

(b) in subsection (11)(b), at the end there shall be inserted the words “or by sewerage undertakers as a pumping station or sewage disposal works”.

(4) In section 100 of that Act (drainage of highways)—

(a) in subsection (5), for the words from “water authority” onwards there shall be substituted the words “sewerage undertaker under Schedule 19 to the Water Act 1989 for the purposes of the drainage of highways within the area of that undertaker”; and

(b) in subsection (6)—

(i) for the words “under the Public Health Act 1936” there shall be substituted the words “under Schedule 19 to the Water Act 1989”; and

(ii) for the words “water authority”, in both places where they occur, there shall be substituted the words “sewerage undertaker”.

(5) In section 107(4) of that Act (orders and schemes providing for construction of bridges or tunnels to be subject to special parliamentary procedure), for the words “any navigation authority or water authority” there shall be substituted the words “the National Rivers Authority or any navigation authority”.

(6) In section 121(6) of that Act (definition of “appropriate Minister”), in paragraph (a) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

(7) In section 185(3)(b) of that Act (protection of undertakings where power to install refuse or storage bins in streets is exercised), for the words “or water undertakers” there shall be substituted the words “water or sewerage undertakers”.

(8) In section 241(2) of that Act (acquisition of land between improvement line and boundary of street), after the words “removal of” there shall be inserted the word “sewers,”.

(9) In section 254(4) of that Act (drainage of highway into watercourse)—

(a) in paragraph (a), for the words “water authority without the consent of that board or authority” there shall be substituted the words “the National Rivers Authority without the consent of that board or that Authority”; and

(b) in paragraph (b), after the word “culvert,” there shall be inserted the word “sewer,”.

(10) In section 264(3)(c) of that Act (determination of differences between various bodies relating to use of sewers), for the words “water authority” there shall be substituted the words “sewerage undertaker”.

(11) In section 276 of that Act (contributions to land drainage works which will benefit trunk roads)—

(a) for the words “a water authority” there shall be substituted the words “the National Rivers Authority”; and

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

(12) In section 329(1) of that Act (further provision as to interpretation)—

(a) in the definition of “drainage authority”, for the words “a water authority” there shall be substituted the words “the National Rivers Authority”; and

(b) for the definition of “water undertakers” there shall be substituted the following definition—

““water undertakers” means the National Rivers Authority or a water undertaker.”

(13) In section 339 of that Act (saving for works etc. of drainage authorities etc.)—

(a) in subsection (1)—

(i) for the words “a water authority” there shall be substituted the words “the National Rivers Authority”; and

(ii) for the words “that authority or” there shall be substituted the words “the National Rivers Authority or that”;

and

(b) in subsection (4), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”.

(14) In Schedule 1 to that Act (procedures for making or confirming certain orders and schemes)—

(a) in item (ii) of the Table set out at the end of paragraph 3, for the words “Every navigation authority and water authority” there shall be substituted the words “The National Rivers Authority and every navigation authority”; and

(b) in paragraph 11(b), for the words “every navigation authority and water authority” there shall be substituted the words “the National Rivers Authority and every navigation authority”.

(15) In Schedule 11 to that Act (provisions as to orders under section 93 of that Act), in paragraph 13(1), after the word “mains,” there shall be inserted the word “sewers,”.

The Water Act 1981 (c. 12)

63 In section 6 of the Water Act 1981 (civil liability of statutory water undertakers for escapes of water)—

(a) in subsection (1), for the words “a communication pipe or main of” there shall be substituted the words “any pipe which is vested in”; and

(b) in subsection (7)—

(i) in paragraph (c), after sub-paragraph (i) of the definition of “excepted undertakers” there shall be inserted the following sub-paragraph—

“(ia) the National Rivers Authority, any water undertaker or sewerage undertaker;”;

and

(ii) for paragraph (e) there shall be substituted the following paragraph—

“(e) “statutory water undertakers” means the National Rivers Authority or a water undertaker.”

The New Towns Act 1981 (c. 64)

64 (1) In section 5(5)(a) of the New Towns Act 1981 (restrictions on powers of development corporations), after the words “or gas” there shall be inserted the words “or for the provision of sewerage services”.

(2) In section 79(1)(a) of that Act (meaning of “statutory undertakers”), in sub-paragraph (iii) for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Acquisition of Land Act 1981 (c. 67)

65 In section 8(1)(a)(iii) of the Acquisition of Land Act 1981 (definition of “statutory undertakers”), for the words “hydraulic power or water” there shall be substituted the words “or hydraulic power”.

The Wildlife and Countryside Act 1981 (c. 69)

66 (1) In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of Part I of that Act), in the definition of “authorised person”, after paragraph (c) there shall be inserted the following paragraph—

“(d) any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;”.

(2) In section 36(7) of that Act (marine nature reserves), in the definition of “relevant authority”, for the words “a water authority or any other statutory water undertakers,” there shall be substituted the words “the National Rivers Authority, a water undertaker, a sewerage undertaker,”.

The Civil Aviation Act 1982 (c. 16)

67 (1) In section 46(2)(d) of the Civil Aviation Act 1982 (power to exercise control over land in interests of civil aviation), after the word “mains,” there shall be inserted the word “sewers,”.

(2) In section 48 of that Act (power of Secretary of State to stop up and divert highways etc. in interests of civil aviation)—

(a) in each of subsections (3)(e) and (6)(c), after the word “mains,” there shall be inserted the word “sewers,”; and

(b) at the end of paragraph (b) of subsection (7) there shall be inserted the words “and

(c) the reference in paragraph (c) to water undertakers is a reference to the National Rivers Authority, a water undertaker or a sewerage undertaker.”

The Telecommunications Act 1984 (c. 12)

68 (1) In section 98 of the Telecommunications Act 1984 (use of certain conduits)—

(a) in subsection (7)(b), for the word “authority” there shall be substituted the word “person”;

(b) in subsection (8)—

(i) in paragraph (a), for the words “another authority” there shall be substituted the words “another person”; and

(ii) for the words “other authority”, wherever they occur, there shall be substituted the words “other person”;

and

(i) for paragraph (a) of the definition of “water authority” there shall be substituted the following paragraph—

“(a) in England and Wales, means the National Rivers Authority or a water undertaker;”

(ii) for paragraph (a) of the definition of “water main” there shall be substituted the following paragraph—

“(a) in England and Wales, means a water main within the meaning of the Water Act 1989 or any resource main within the meaning of paragraph 1 of Schedule 19 to that Act;”.

(2) In section 101 of that Act (general restrictions on disclosure of information)—

(a) in subsection (2)(b), after the words “Director General of Fair Trading” there shall be inserted the words “the Director General of Water Services”; and

(b) in subsection (3), after paragraph (i) there shall be inserted the following paragraph—

“(j) the Water Act 1989.”

(3) In paragraph 23(10) of Schedule 2 to that Act (undertaker’s works), in paragraph (a)(i) of the definition of “relevant undertaker”, after the word “undertaking;” there shall be inserted the word “or”.

The Road Traffic Regulation Act 1984 (c. 27)

69 In paragraph 4 of Schedule 5 to the Road Traffic Regulation Act 1984 (buildings in relation to which a Secretary of State is the appropriate authority for the purposes of section 74 of that Act), for the words “a water authority or by a statutory water company as defined in section 38 of the Water Act 1973” there shall be substituted the words “the National Rivers Authority, a water undertaker or a sewerage undertaker”.

The Building Act 1984 (c. 55)

70 (1) In section 25 of the Building Act 1984 (provision of water supply), after subsection (6) there shall be inserted the following subsection—

“(7) Section 65 of the Water Act 1989 (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of Chapter II of Part II of that Act.”

(2) In section 82 of that Act (notices under section 81 of that Act relating to demolition)—

(a) in subsection (4), for the words “gas or water” there shall be substituted the words “or gas or with apparatus or works of a water undertaker or sewerage undertaker”; and

(b) in subsection (5)(a), for the words from “section 67” onwards there shall be substituted the words “section 167 of the Water Act 1989 (interference with water supplies or with waterworks)”.

(3) In section 101 of that Act (incorporation of Part VI of Schedule 3 to the 1945 Act)—

(a) in subsection (1), for the words from “Part VI” onwards there shall be substituted the words “paragraphs 2 and 3 of Schedule 19 of the Water Act 1989 (street works) shall apply, with the necessary modifications, as they apply for the purpose of conferring power on a water undertaker or sewerage undertaker to lay a relevant pipe, within the meaning of that Schedule.”; and

(b) for subsection (2) there shall be substituted the following subsection—

“(2) Those paragraphs shall also so apply so far as necessary for the purposes of any power to lay or maintain a sewer or drain which is conferred by this Act on a person other than a local authority.”

(4) In section 126 of that Act, for the definition of “public sewer” there shall be substituted the following definition—

““public sewer” has the same meaning as in the Public Health Act 1936;”.

The Companies Act 1985 (c. 6)

71 (1) In sections 425(6)(a) and 460(2) of the Companies Act 1985 (compromises with creditors and protection of minorities by the Secretary of State), any reference to a company or body corporate which is liable to be wound up includes a reference to a company or body corporate which would be so liable but for section 24 of this Act.

(2) Part XIII of that Act (arrangements and reconstructions) shall have effect in relation to statutory water companies that are not limited companies with such modifications as may be prescribed; and in this paragraph “statutory water companies”, in relation to any time before the transfer date, has the same meaning as in the 1973 Act.

(3) In section 459 of that Act (order on application of company member), after subsection (2) there shall be inserted the following subsection—

“(3) In this section (and so far as applicable for the purposes of this section, in section 461(2)) “company” means any company within the meaning of this Act or any company which is not such a company but is a statutory water company within the meaning of the Water Act 1989.”

The Business Names Act 1985 (c. 7)

72 In section 1(1)(c) of the Business Names Act 1985 (persons subject to Act), the reference to a company capable of being wound up includes a reference to a company which would be so capable but for section 24 of this Act.

The Water (Fluoridation) Act 1985 (c. 63)

73 In section 5 of the Water (Fluoridation) Act 1985 (interpretation)—

(a) in subsection (1), in the definition of “statutory water undertaker”, for the words “water authority or statutory water company within the meaning of the Water Act 1973” there shall be substituted the words “water undertaker”; and

(b) in subsection (2), for the words “water authority”, in both places where they occur, there shall be substituted the words “water undertaker”.