CAPLC contribution
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A regional water authority established in accordance with section 2 of the Water Act 1973 The Welsh Water Authority
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In paragraph 34(3)(b) of Schedule 3 to the principal Act (water authorities to borrow from persons other than the Secretary of State, otherwise than by way of temporary loan only in a currency other than sterling) after the word " Treasury," there are inserted the words " either in sterling or " .
In paragraph 34(5) of Schedule 3 to the principal Act (which limits the aggregate amount outstanding in respect of the principal of sums borrowed by water authorities and sums borrowed or treated as borrowed by certain other bodies to £3,750 million or such greater sum not exceeding £5,000 million as the Secretary of State may by order specify) for the words " £3,750 million " and " £5,000 million " there are substituted respectively the words " £6,000 million " and " £7,500 million ".
Paragraph 34(5) and (6) of Schedule 3 to the principal Act shall have effect as if any sum borrowed by the National Water Council the liability to repay which is or has been transferred to a water authority were borrowed by that authority and not by the Council.
On such day as the Secretary of State may by order appoint, the functions of the National Water Council shall determine and all the property, rights and liabilities which immediately before the day so appointed were property, rights and liabilities of the Council shall, by virtue of this section, become property, rights and liabilities of the Secretary of State for the Environment.
On such day as the Secretary of State may by order appoint, the functions of the Water Space Amenity Commission shall determine.
This section has effect subject to Schedule 2 to this Act which makes further provision in relation to the Council and Commission, including provision for their dissolution.
The Secretary of State may by order transfer to any authority, or to any person who in his opinion acts or will act on behalf of one or more authorities— as he considers expedient.
such of the property, rights and liabilities of the Council, or
in the case of an order having effect after the day appointed under subsection (1) above, such of the property, rights and liabilites vested in him by virtue of that subsection,
In subsection (4) above “authority” means—
a water authority,
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a regional or islands council,
a river purification board, or
a water development board.
Any sums received by the Secretary of State by virtue of the transfer of property, rights and liabilities effected by section 3 of this Act shall be paid by him into the Consolidated Fund.
The Secretary of State may levy from water authorities such contributions (which need not be the same for each authority) as appear to him, when taken together, necessary to meet the net expenses incurred by him—
in discharging any liabilities to which he becomes subject by virtue of section 3 of this Act, or
otherwise in connection with the dissolution of the National Water Council and Water Space Amenity Commission.
In subsection (2) above “net expenses” means the amount of the expenses in question reduced by the amount paid by the Secretary of State into the Consolidated Fund in accordance with subsection (1) above.
Any sums received by the Secretary of State by way of levy under subsection (2) above shall be paid by him into the Consolidated Fund.
Subject to subsection (2) below, a water authority or statutory water company may provide for any person outside the United Kingdom advice or assistance, including training facilities, as respects any matter in which they have skill or experience ; and for the purposes of this section, statutory water companies shall have the same powers as water authorities have by virtue of paragraph 2(1) of Schedule 3 to the principal Act.
The power conferred by subsection (1) above shall not be exercised except—
with the consent in writing of the Secretary of State; and
if the exercise of that power involves capital expenditure by the authority or company, or the guaranteeing by the authority or company of any liability, with that consent given with the approval of the Treasury.
Subsections (1) and (2) above are without prejudice to any power of a water authority or statutory water company apart from subsection (1) above to provide advice or assistance of the kind mentioned in that subsection.
Any consent under this section may be given subject to such conditions as the Secretary of State thinks fit.
The Secretary of State shall issue guidance as to the criteria by reference to which he will determine any request for consent under this section.
The following section is substituted for section 15 of the principal Act—
After Schedule 4 to the principal Act there are inserted, as Schedule 4A, the provisions set out in Schedule 3 to this Act.
The following section is inserted after section 24 of the principal Act—
The Water Charges Equalisation Act 1977 shall cease to have effect.
If the Secretary of State is satisfied— he shall comply with subsection (3) below in relation to every statutory water undertaker as respects which such an adjustment would, in his opinion, have been so required.
that, had the Act of 1977 not ceased to have effect, he would have been required to make adjustments under section 3(3) of that Act on making the next orders under sections 1 and 2, and
that it is expedient to make provision in lieu of those adjustments,
Where the Secretary of State is required to comply with this subsection in relation to any statutory water undertaker, he shall—
in a case where the adjustment would have been by way of a reduction in the equalisation levy payable by, or an increase in the equalisation payment payable to, the undertaker, pay to that undertaker out of money provided by Parliament the appropriate amount, or
in any other case, by order direct that undertaker to pay to him the appropriate amount.
In subsection (3) above “appropriate amount” means an amount equal to the adjustment which, in the opinion of the Secretary of State, would have been required under section 3(3) in the case of the undertaker in question.
No order shall be made under subsection (3) above unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.
Any sums received by the Secretary of State under this section shall be paid by him into the Consolidated Fund.
Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument which, except in the case of an order under section 3(1) or (2), 8(3) or 11(5) of this Act or paragraphs 3(2) or 10(2) of Schedule 2 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any order or regulations under this Act may make different provision for different cases or descriptions of case, including different provision for different areas, and may contain such incidental or supplemental provision as the Secretary of State thinks fit.
—In this Act—
" statutory water company " has the same meaning as in the principal Act, and
“river purification board” means a board established under section 135 of the Local Government (Scotland) Act 1973,
" Council " means the National Water Council,
“Council” means the National Water Council.
“principal Act” means the Water Act 1973,
" river purification board " means a board established under section 135 of the Local Government (Scotland) Act 1973,
“water development board” has the meaning given by section 109(1) of the Water (Scotland) Act 1980.
This Act may be cited as the Water Act 1983.
Schedule 4 to this Act (which makes minor and consequential amendments) shall have effect.
The enactments and instruments specified in Schedule 5 to this Act are hereby repealed or, as the case may be, revoked to the extent specified in the third column of that Schedule.
The following provisions of this Act— shall come into force on the passing of this Act.
sections 2 to 6;
sections 9 and 10;
this section, except subsections (2) and (3);
Schedule 2;
Schedule 3;
paragraphs 8 and 9 of Schedule 4 and subsection (2) of this section so far as relating to those paragraphs; and
the revocation by Schedule 5 of the Water Authorities and National Water Council (Limit on Borrowing) Order 1982 and subsection (3) of this section so far as relating to that revocation;
The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
An order under subsection (5) above appointing a day for the commencement of section 1 of this Act may make provision for the existing members of water authorities, other than the chairmen, to vacate office before that day; but no such provision shall be taken as preventing the reappointment of any such person under the provisions substituted by that section.
The following provisions of this Act— extend to Scotland and Northern Ireland and any repeal by Schedule 5 to this Act of an enactment which extends to Scotland or Northern Ireland has the same extent as that enactment, but otherwise this Act extends to England and Wales only.
section 1(2);
section 3(1) and (3) to (5);
this section;
Part I of Schedule 2;
Section 3(3)
It shall be the duty of the Council to give to the Secretary of State all such information, to prepare all such documents and to do all such other things, as appear to him to be necessary or expedient for facilitating the carrying into effect of section 3 of this Act and this Schedule and for enabling him to exercise any function conferred or imposed on him by, or by virtue of, that section or this Schedule.
The Council shall (if they have not done so before the appointed day)— and shall also comply with those paragraphs in respect of the interval (if any) between the end of that accounting year and the appointed day, that interval being treated for the purposes of those paragraphs and of paragraphs 39 to 39G of Schedule 3 as an accounting year in relation to the Council. The Secretary of State shall lay before each House of Parliament a copy of—
No amendment or repeal made by this Act shall affect— The Council shall cease to exist when the Secretary of State, being satisfied that their duties under paragraphs 1 and 2 above have been discharged, so directs by order. Section 3(1) of this Act does not affect the continuance of employment with the Council, but on the Council ceasing to exist— The Secretary of State shall pay to the appointed members of the Council (within the meaning of paragraph 27(2) of Schedule 3 to the principal Act), in respect of the period beginning with the appointed day and ending with the Council ceasing to exist, such remuneration (whether by way of salary or fees) and such allowances as, with the approval of the Treasury, he may determine. The Secretary of State shall, as soon as possible after determining the amount of any remuneration or allowances payable under subparagraph (4) above, lay a statement of his determination before each House of Parliament. As from the appointed day, the Secretary of State shall make available to the Council such facilities as the Council or their auditors may reasonably require for performing duties imposed on them by or by virtue of paragraphs 1 and 2 above; and the remuneration of the auditors and any other expenses incurred by the Council in connection with the performance of those duties on and after the appointed day shall be defrayed by the Secretary of State out of money provided by Parliament.
Subject to subparagraph (3) below, every agreement, other than a contract of employment or an agreement under section 26(2) of the principal Act, to which the Council are a party immediately before the appointed day, whether in writing or not and whether or not of such a nature that rights and liabilities under the agreement could be assigned by the Council, shall have effect as from that date as if— Other documents (not being enactments) which refer to the Council shall be construed in accordance with subparagraph (1) above so far as applicable. An order under section 3(4) of this Act which transfers any property, rights of liabilities may contain consequential provision for the construction of references in—
Where any right or liability is transferred by virtue of any provision of this Act, the transferee and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right or liability as they would have had if it had at all times been a right or liability of the transferee. Any pending legal proceedings by or against the Council which relate to any property, right or liability so transferred may be continued by or against the transferee. Any reference in subparagraph (1) or (2) above to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.
The Secretary of State may, with the consent of the Treasury, make regulations providing for— The regulations shall provide for the recovery by the pension authority from each of the other water authorities of such proportion of the cost incurred by the pension authority in discharging their functions under the regulations as the Secretary of State may from time to time determine. The proportions determined by the Secretary of State need not be the same for each water authority. In subparagraph (1) above “pension liabilities” means any liability in connection with the payment of pensions, allowances or gratuities imposed on or assumed by the Council and includes the liability to make any payment by way of an increase in a pension.
The classes of person in whose interests water authorities may exercise their powers under section 27(1) of the principal Act (power to establish and administer pension schemes etc.) shall include— No scheme shall be established by a water authority under section 27(1) of the principal Act, and no variation of any scheme established by a water authority under that section shall be effected, without the consent in writing of the Secretary of State. In subparagraph (1) above “appropriate employment” means employment in respect of which it would, in the opinion of the Secretary of State, be appropriate for provision to be made under section 27 of the principal Act.
The Secretary of State may by regulations transfer to such water authority as may be designated by the regulations (“the compensation authority”) the liabilities of the Council relating to— The regulations may provide for the exercise by the compensation authority of such of the functions of the Council which immediately before the passing of this Act were functions relating to compensation in respect of early retirement or for loss of employment as may be specified in the regulations. The regulations may provide for the recovery by the compensation authority from each of the other water authorities of such proportion of the cost incurred by the compensation authority in consequence of the regulations as the Secretary of State may from time to time determine. The proportions determined by the Secretary of State need not be the same for each water authority.
The Commission shall comply with paragraph 40 of Schedule 3 to the principal Act (annual reports) in relation to the period between the end of the period to which their last annual report relates and the appointed day. The Secretary of State shall lay before each House of Parliament a copy of any annual report sent to him by the Commission in compliance with this paragraph.
No amendment or repeal made by this Act shall affect— The Commission shall cease to exist when the Secretary of State, being satisfied that their duty under paragraph 9 above has been discharged, so directs by order. The Secretary of State shall pay to members of the Commission, other than the chairmen of water authorities, in respect of the period beginning with the appointed day and ending with the Commission ceasing to exist, such allowances as he may with the consent of the Treasury determine. The Secretary of State shall, as soon as possible after determining the amount of any allowances payable under subparagraph (3) above, lay a statement of his determination before each House of Parliament. As from the appointed day, the Secretary of State shall make available to the Commission such facilities as the Commission may reasonably require for performing the duty imposed on them by paragraph 9 above; and any expenses incurred by the Commission in connection with the performance of that duty on and after the appointed day shall be defrayed by the Secretary of State out of money provided by Parliament.
Section 11(2).
In section 7(1) of the principal Act (supply of goods and services to public bodies), in paragraph (a), for the words " and the Council were each " there is substituted the word " were " .
In section 26(1) of the principal Act (duties of statutory water undertakers to their staff), after the word " make " there is inserted the word "such "and for the words from " and in doing so " to the end there are substituted the words " as they consider to be appropriate " .
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In section 52(1) of the Control of Pollution Act 1974 (charges in respect of certain discharges in England and Wales) for the words " an order made after consultation with the National Water Council ", there is substituted the word " order " .
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In section 28 of the Salmon and Freshwater Fisheries Act 1975 (general powers and duties of water authorities in relation to fisheries) after subsection (2) there is inserted the following subsection—. In section 41 of that Act (interpretation) after subsection (2) there is inserted the following subsection—.
For paragraph 10 of Schedule 1 to the Land Drainage Act 1976 (payments to chairmen of regional and local land drainage committees) there is substituted the following paragraph—.
In Schedule 1 to the Act of 1976 (members and proceedings of regional and local land drainage committees), after paragraph 14, there are inserted the following paragraphs—
In section 25(3) of the Local Government, Planning and Land Act 1980 (allowances in relation to meetings etc. of water authorities) for the words from the beginning to “(3B)” there are substituted the words “ The following subsection shall be inserted after section 175(3) of the said Act of 1972:— “(3B)”. ”
The repeals contained in Schedule 5 below shall not affect the operation of paragraph 31(1) and (2) of Schedule 3 to the principal Act in relation to any period before the day appointed for the purposes of section 3(1) of this Act.
In any case where— paragraph 36(1) of Schedule 3 shall have effect as if it empowered the Treasury to give a new guarantee in respect of that liability.
the Treasury have given a guarantee under paragraph 36(1) of Schedule 3 to the principal Act in respect of any sum borrowed by the Council; and
any liability of the Council relating to repayment of the principal of, or payment of interest on, the sum so borrowed (or any part of that sum) has become a liability of one or more water authorities, whether by virtue of an order under section 3(4) of this Act or otherwise;
Section 11(3).
Chapter Short title Extent of repeal 1960 c. 67. The Public Bodies (Admission to Meetings) Act 1960. In the Schedule, paragraph 1(c) 1961 c. 64. The Public Health Act 1961. In section 9(3), the words from “(including” to the end. 1972 c. 70. The Local Government Act 1972. Section 175(3A). Section 177(1)(aa) 1973 c. 37. The Water Act 1973. Section 4. In section 5(3), the words from “but before” to the end. Section 6. In section 17(5), the words “under section 6 above”. Section 23. In section 24(12)(a), the words “and to the Water Space Amenity Commission”. Section 25(5)(a) In section 26, subsections (2) to (4). In section 29(2), the words “and after consultation with the Council”. In section 30(6), the words “after consultation with the Council”. In section 38(1), the definitions of “the Council”, “regional water board” and “water development board”. In Schedule 3, paragraphs 22 to 30; in paragraph 31(1), the words from “and including” to the end; in paragraph 31(2), the words “and of any payment to the Council under paragraph 33 below”; in paragraph32(1), the words “and after consultation with the Council”; paragraph 33; in paragraphs 34, 39F(1), 40(1) and 41, the words “and the Council”, wherever they occur; in paragraphs 34(6) and 40(6), the words “or of the Council”; in paragraphs 35(2) and 39E(1), the words “or to the Council”; in paragraphs 36, 38(5) and (6), 39(1), 39E(1)(b) and 39F(1)(a), the words “or the Council”, wherever they occur; in paragraph 36(4), the words “or, as the case may be, the Council”; in paragraph 38(1), the words “and of the Council”; paragraph 39F(2); in paragraph 40(1), paragraph (b) and the word “and” immediately preceding it; in paragraph 40(3) the words “to the Council and”, subparagraphs (4) and (5) and in subparagraph (8) the words from “the Council” to “Commission”. In Schedule 8, paragraph 90. 1973 c. 65. The Local Government (Scotland) Act 1973. In Schedule 17, paragraph 64. 1974 c. 37. The Health and Safety at Work etc. Act 1974. In section 66(4), the words from “(including” to the end. In Schedule 6, paragraph 8. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entries relating to the National Water Council, a regional water authority and the Welsh Water Authority. 1976 c. 70. The Land Drainage Act 1976. In Schedule 5, in paragraph 8(1), the words “section 4(5)(a) and (b)”. 1976 c. 75. The Development of Rural Wales Act 1976. In Schedule 7, paragraph 11. 1977 c. 41. The Water Charges Equalisation Act 1977. The whole Act. 1980 c. 45. The Water (Scotland) Act 1980. In Schedule 10, the entry relating to the Water Act 1973. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 25(4). In section 158, subsections (1) and (2). 1981 c. 64. The New Towns Act 1981. In Schedule 12, paragraph 12.
Chapter Short Title Extent of Repeal 1960 c. 67. The Public Bodies (Admission to Meetings) Act 1960. In the Schedule, paragraph 1(c). 1961 c. 64. The Public Health Act 1961. In section 9(3), the words from " (including " to the end. 1972 c. 70. The Local Government Act 1972. Section 175 (3A). Section 177(1)(aa). 1973 c. 37. The Water Act 1973. Section 4. In section 5(3), the words from " but before " to the end. Section 6. In section 17(5), the words " under section 6 above ". Section 23. In section 24(12)(a), the words " and to the Water Space Amenity Commission ". Section 25(5)(a). In section 26, subsections (2) to (4). In section 29(2), the words " and after consultation with the Council". In section 30(6), the words " after consultation with the Council". In section 38(1), the definitions of " the Council ", " regional water board" and " water development board ". In Schedule 3, paragraphs 22 to 30; in paragraph 31(1), the words from " and including" to the end; in paragraph 31(2), the words "and of any payment to the Council under paragraph 33 below "; in paragraph 32(1), the words " and after consultation with the Council"; paragraph 33; in paragraph 34, 39F(1), 40(1) and 41, the words "and the Council", wherever they occur; in paragraphs 34(6) and 40(6), the words " or of the Council"; in paragraphs 35(2) and 39E(1), the words " or to the Council" ; in paragraphs 36, 38(5) and (6), 39(1), 39E(1)(b) and 39F(1)(a), the words " or the Council", wherever they occur; in paragraph 36(4), the words " or, as the case may be, the Council"; in paragraph 38(1), the words "and of the Council"; paragraph 39F(2); in paragraph 40(1), paragraph (b) and the word " and" immediately preceding it; in paragraph 40(3) the words " to the Council and", sub-paragraphs (4) and (5) and in sub-paragraph (8) the words from " the Council" to " Commission ". In Schedule 8, paragraph 90. 1973 c. 65. The Local Government (Scotland) Act 1973. In Schedule 17, paragraph 64. 1974 c. 37. The Health and Safety at Work etc. Act 1974. In section 66(4), the words from " (including " to the end. In Schedule 6, paragraph 8. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entries relating to the National Water Council, a regional water authority and the Welsh Water Authority. 1976 c. 70. The Land Drainage Act 1976. In Schedule 5, in paragraph 8(1), the words " section 4(5)(a) and (b)". 1976 c. 75. The Development of Rural Wales Act 1976. In Schedule 7, paragraph 11. 1977 c. 41. The Water Charges Equalisation Act 1977. The whole Act. 1980 c. 45. The Water (Scotland) Act 1980. In Schedule 10, the entry relating to the Water Act 1973. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 25(4). In section 158, subsections (1) and (2). 1981 c. 64. The New Towns Act 1981. In Schedule 12, paragraph 12.
Number Name of Instrument Extent of revocation S.I. 1973 1287 The North West Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1973 1288. The Northumbrian Water Authority Constitution Order 1973. Article 4. Schedule 1. S.I. 1973 1289 The Yorkshire Water Authority Constitution Order 1973. Article 4. Schedule 1. S.I. 1973 1306 The Wessex Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1973 1307 The South West Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1973 1345 The Welsh National Water Development Authority (Establishment and Constitution) Order 1973. Article 4. Article 5. Schedule 2. S.I. 1973 1359 The Anglian Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1973 1360 The Thames Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1973 1361 The Southern Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1973 1437 The SevernTrent Water Authority Constitution Order 1973. Article 4. Schedule 2. S.I. 1974 1208 The SevernTrent Water Authority Constitution (Amendment) Order 1974. The whole Order. S.I. 1974 2077 The Thames Water Authority Constitution (Amendment) Order 1974. The whole Order. S.I. 1977 724 The Welsh National Water Development Authority (Establishment and Constitution) (Variation) Order 1977 The whole Order. S.I. 1979 466 The Anglian Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 467 The Northumbrian Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 468 The North West Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 469 The SevernTrent Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 470 The Southern Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 471 The South West Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 472 The Thames Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 473 The Wessex Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1979 474 The Yorkshire Water Authority Constitution (Amendment) Order 1979. The whole Order. S.I. 1981 1883 The Welsh Water Authority (Constitution) (Variation) Order 1981. The whole Order. S.I. 1982 944 The Water Authorities and National Water Council (Limit for Borrowing) Order 1982. The whole Order.