Water Act 1989

Each of the water authorities shall make a scheme under this Schedule for the division of all their property, rights and liabilities between their successor company and the Authority. Where a scheme under this Schedule is made by a water authority it shall not take effect unless it is approved by the Secretary of State. Where a scheme under this Schedule is submitted to the Secretary of State for his approval, he may modify the scheme before approving it. If— the Secretary of State may himself make a scheme under this Schedule for the division of that water authority’s property, rights and liabilities between the water authority’s successor company and the Authority. If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any water authority the Secretary of State considers it appropriate to do so and either— the Secretary of State may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. An order under sub-paragraph (5) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate. In determining whether and in what manner to exercise any power conferred on him by this paragraph the Secretary of State shall have regard to the need to ensure— It shall be the duty of a water authority to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.

Where a scheme under this Schedule for the division of a water authority’s property, rights and liabilities comes into force on the transfer date, this paragraph shall have effect on that date so as, in accordance with the scheme’s provisions and without further assurance— and accordingly the said remainder shall be treated for the purposes of this Act as allocated to that company. For the purpose of making a division of any property, rights or liabilities between a successor company and the Authority the provisions of a scheme under this Schedule may— The property, rights and liabilities of a water authority that shall be capable of being transferred in accordance with a scheme under this Schedule shall include— The rights and liabilities that may be created by virtue of paragraph (c) of sub-paragraph (2) above shall include rights and liabilities which, with effect from the transfer date, shall have effect as if contained in arrangements under section 126 of this Act; and the provision that may be made by virtue of that paragraph includes— For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (3) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than by virtue of this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which a water authority is entitled or subject to the property, right or liability in question. Where apart from this sub-paragraph any person would have power, in consequence of anything done or likely to be done by or under this Act, to terminate or modify an interest or right which is vested in a water authority at the passing of this Act, then—

A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the division or any other provision made by the scheme. Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

A scheme under this Schedule may provide for the imposition of duties on the water authority from which transfers are made by virtue of the scheme, and on the successor company of that authority and on the Authority, to take all such steps as may be requisite to secure that the vesting in the successor company or the Authority, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law. The provisions of a scheme under this Schedule may require a water authority to comply with any directions of their successor company or of the Authority in performing any duty imposed on the water authority by virtue of a provision included in the scheme under sub-paragraph (1) above. A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of a water authority in the successor company of that authority or in the Authority is effective under the relevant foreign law, it shall be the duty of the water authority to hold that property or right for the benefit of, or to discharge that liability on behalf of, the successor company or, as the case may be, the Authority. Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in a successor company, or in the Authority, of any foreign property, right or liability. A water authority shall have all such powers as may be requisite for the performance of any duty imposed on them by any provision included by virtue of this paragraph in a scheme under this Schedule; but such a scheme may require a successor company or the Authority to act on behalf of a water authority (so far as possible) for the purposes of, or in connection with, the performance of any such duty. A scheme under this Schedule may provide that any foreign property, rights or liabilities that are acquired or incurred by a water authority after the scheme comes into force are immediately to become property, rights or liabilities of the water authority’s successor company or of the Authority; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in a water authority when the scheme comes into force. References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Any expenses incurred by a water authority in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met, in such proportions as may be determined by or under the scheme, by the water authority’s successor company and the Authority.

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The Director may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as he may determine. Anything authorised or required by or under any enactment to be done by the Director may be done by any member of the staff of the Director who has been authorised for the purpose, whether generally or specially, by the Director.

There shall be paid out of money provided by Parliament—

The Director shall have an official seal for the authentication of documents required for the purposes of his functions.

The Documentary Evidence Act 1868 shall have effect as if the Director were included in the first column of the Schedule to that Act, as if the Director and any person authorised to act on behalf of the Director were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Director or by any such person.

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There shall be paid to the chairman of a customer service committee such remuneration, and such travelling and other allowances, as the Director may determine. There shall be paid such pension, allowances or gratuities to or in respect of a person who has held or holds office as the chairman of a customer service committee, or such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person, as may be determined by the Director. If, when any person ceases to hold office as such a chairman, the Director determines that there are special circumstances which make it right that that person should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Director. The approval of the Treasury shall be required for the making of a determination under this paragraph.

Subject to paragraph 2 above, neither the members of a customer service committee nor the members of any sub-committee of any such committee shall be paid any sums by the Director for or in respect of their services except—

The Director may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such officers and employees of a customer service committee or of any sub-committee of a customer service committee as he may determine. Anything authorised or required by or under this Act to be done by a customer service committee may be done by any of the officers or employees of the committee, or of any of its sub-committees, who has been authorised for the purpose, whether generally or specially, by the committee or, in accordance with the terms of its appointment, by a sub-committee of the committee.

The following shall be paid by the Director out of money provided by Parliament, that is to say— A customer service committee shall prepare in respect of each financial year a statement of the expenses which it expects to incur in respect of that year— and that statement shall be sent to the Director, in the case of the statement in respect of the financial year current at the establishment of the committee, as soon as practicable after the establishment of the committee and, in any other case, before the beginning of the financial year to which the statement relates. The Director shall consider any statement sent to him under sub-paragraph (2) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

Chairman of a customer service committee established under section 6 of the Water Act 1989. and the like insertion shall be made in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

This Schedule shall apply in each of the cases specified in sub-paragraphs (2) and (3) below. The first case in which this Schedule applies is where— The second case in which this Schedule applies is where— In this Schedule—

The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee. A scheme under this Schedule shall not take effect unless it is approved by the Secretary of State or the Director. Where a scheme under this Schedule is submitted to the Secretary of State or the Director for his approval, he may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it. If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the Secretary of State considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the Secretary of State may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate. In determining, in accordance with his duties under Part I of this Act, whether and in what manner to exercise any power conferred on him by this paragraph the Secretary of State or the Director shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to him to be appropriate in the context of the different functions which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees. It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the Secretary of State or the Director with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph. A company which without reasonable excuse fails to do anything required of it by virtue of sub-paragraph (7) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. Without prejudice to the other provisions of this Act relating to the special administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a special administration order is in force, be effective only if it is done on the company’s behalf by its special administrator.

A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee. For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may— A scheme under this Schedule may contain provision for the consideration to be provided by the new appointee and by any other appointees in respect of the transfer or creation of property, rights and liabilities by means of the scheme; and any such provision shall be enforceable in the same way as if the property, rights and liabilities had been created or transferred, and (if the case so requires) had been capable of being created or transferred, by agreement between the parties. The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include— Where a scheme under this Schedule is made in the case specified in paragraph 1(3) above, the scheme may provide for the transfer to the new appointee, with such modifications as may be specified in the scheme, of the appointment under tnund r e t uedernent under Chapter I of Part II of this Act which is held by the existing appointee; and in such a case different schemes under this Schedule may provide for the transfer of such an appointment to different companies as respects different parts of the area to which the appointment relates. The provision that may be made by virtue of sub-paragraph (2)(b) above includes— For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (4) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.

A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme. Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law. The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above. A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee. Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability. A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the existing appointee when the scheme comes into force. References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee. Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.

The Secretary of State may, if he thinks it appropriate to do so for the purposes of, or in connection with, any appointment or variation to which section 12 of this Act applies or any scheme under this Schedule, by order made by statutory instrument— An order under this paragraph may—

This Schedule applies to orders under section 51 or 111 of this Act; and in this Schedule—

Where a relevant authority applies to the Secretary of State for an order to which this Schedule applies, the applicant shall— The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—

The applicant for an order to which this Schedule applies shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 2 above.

On an application for an order to which this Schedule applies, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraph (2) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order. The Secretary of State shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the Secretary of State may have required. Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the Secretary of State of a draft order under section 111 of this Act include any modification of the area designated by the draft order as a water protection zone.

Without prejudice to section 120 of this Act, where an application for an order to which this Schedule applies has been made, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before making any order on the application.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Without prejudice to the powers conferred by virtue of Chapter IV of Part II of this Act, no liability shall arise at any time on or after the transfer date to make a payment by virtue of section 337 of the 1936 Act (saving for certain yearly payments). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sections 12 to 14 of and Schedule 2 to the 1961 Act (contributions to costs of sewering highways etc.) shall cease to have effect. On and after the transfer date— shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in those provisions and in sections 66 and 68 of that Act to the Secretary of State shall have effect on and after that date, in relation to any such appeal or application, as references to the Director. Sub-paragraph (4) of paragraph 3 above shall apply with the necessary modifications in relation to an appeal under section 60 of the 1961 Act as it applies in relation to such an appeal or reference as is mentioned in that sub-paragraph. On and after the transfer date the power under subsection (5) of section 60 of the 1961 Act to give permission for an appeal under that section to be brought more than two months after the giving of a notice of any direction under subsection (1) of that section shall be exercisable only by the Director. In section 63(1)(a) of the 1961 Act (extension of definition of “trade”), after the words “horticultural purposes” there shall be inserted the words “or for the purposes of fish farming”, and after the word “horticulture” in the words after paragraph (b) there shall be inserted the words “fish farming”. The provisions of Part XII of the 1936 Act so far as they have effect by virtue of section 1(3) of the 1961 Act in relation to any enactment contained in Part V of the 1961 Act shall so have effect as they have effect, by virtue of the preceding provisions of this Schedule, in relation to the sections specified in paragraph 1(2)(a) above.

In section 43 of the Control of Pollution Act 1974 (control of discharges into sewers)— and any regulations made under the said subsection (5) and in force immediately before that date shall have effect on and after that date (subject to any revocation or amendment in exercise of the power conferred by that subsection) with such modifications as may be necessary in consequence of paragraphs (a) and (b) above or for the purpose of enabling appeals made on or after that date to be made to and determined by the Director. In section 44(3) of the said Act of 1974 (regulations with respect to arbitrations) and in any regulations made under that section and in force immediately before the transfer date, for references to a water authority there shall be substituted references to a sewerage undertaker. In section 45 of the said Act of 1974 (early variations of conditions of discharges), for references to a water authority there shall be substituted references to a sewerage undertaker. On and after the transfer date appeals under subsection (4) of the said section 45 shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in that subsection to the Secretary of State shall have effect on and after that date as references to the Director.

In subsection (1) of section 18 of the Building Act 1984 (building over a sewer etc.), for the words in paragraph (b) from “sewer or drain” to “sewers” there shall be substituted the words “drain, sewer or disposal main that is shown on any map of sewers or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main”. In subsection (2) of that section (notification to water authority)— For subsection (3) of that section (directions by water authority) there shall be substituted the following subsection— In subsection (4) of that section (appeal to magistrates’ court), in paragraph (a) for the words “sewer or drain” there shall be substituted the words “drain, sewer or disposal main” and for paragraph (b) there shall be substituted the following paragraphs—. In subsection (5) of that section (interpretation)—

In section 60(4) of the said Act of 1984 (notice of contravention of provisions with respect to the use and ventilation of soil pipes), the words “or the water authority for the area” shall be omitted.

Subject to sub-paragraph (2) below, where— it shall be the duty of the undertaker to refer to the Secretary of State the question whether the proposed operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out. Where a trade effluent notice is served on a sewerage undertaker, the reference required to be made by virtue of sub-paragraph (1)(a) above shall be made before the end of the period of two months beginning with the day after service of the notice, but there shall be no obligation to make such a reference if, before the end of that period, there is a refusal by the sewerage undertaker to give any consent on the application contained in the notice. If, on an appeal under section 3 of the 1937 Act, it appears to the Director— the Director shall not be entitled to determine the appeal, otherwise than by upholding a refusal, except where he has himself referred the questions mentioned in sub-paragraph (1) above to the Secretary of State and has been sent a copy of the notice of the Secretary of State’s determination on the reference. Every reference made under this paragraph shall be made in writing and shall be accompanied— and it shall be the duty of a sewerage undertaker where a reference has been made under this paragraph not to give any consent or enter into any agreement with respect to the proposed operations until the Secretary of State serves notice on the sewerage undertaker of his determination on the reference. It shall be the duty of a sewerage undertaker and of the Director, on making a reference under this paragraph, to serve a copy of the reference on the relevant person; and it shall also be the duty of the Director, on making such a reference, to serve a copy of the reference on the sewerage undertaker in question. Where a reference is made to the Secretary of State by virtue of sub-paragraph (1)(a) above, the initial period for the purposes of section 3 of the 1937 Act shall not begin to run in relation to the trade effluent notice in respect of which the reference is made until the beginning of the day after the Secretary of State serves notice on the sewerage undertaker in question of his determination on the reference.

Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under paragraph 3 below) either— the Secretary of State may review the question whether the authorised operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out. Subject to sub-paragraph (3) below, the Secretary of State shall not review any question under this paragraph unless— Sub-paragraph (2) above shall not apply if the review is carried out—

On a reference or review under paragraph 1 or 2 above, it shall be the duty of the Secretary of State, before determining the questions which are the subject-matter of the reference or review— On determining any question on a reference or review under paragraph 1 or 2 above, the Secretary of State shall serve notice on the sewerage undertaker in question and on the relevant person, stating, according to what has been determined— Without prejudice to paragraph 4 below, a notice under this paragraph, in addition to containing such provision as is specified in sub-paragraph (2) above, may do one or both of the following, that is to say— The Secretary of State shall send a copy of every notice served under this paragraph to the Director.

Where a notice under paragraph 3 above has been served on a sewerage undertaker, it shall be the duty of the undertaker and, in relation to that undertaker, of the Director so to exercise the powers to which this paragraph applies as to secure compliance with the provisions of the notice. This paragraph applies to the following powers, that is to say— Nothing in section 59 of the 1961 Act (conditions of consent) shall be construed as restricting the power of the Secretary of State, by virtue of sub-paragraph (2)(b) of paragraph 3 above, to specify such conditions as he considers appropriate in a notice under that paragraph or restricting the power of a sewerage undertaker, for the purpose of complying with this paragraph, to impose any condition specified in such a notice.

Any duty of a sewerage undertaker under this Schedule shall be enforceable under section 20 of this Act by the Secretary of State; but where an application is made to the Secretary of State under that section in respect of a failure by a sewerage undertaker to make a reference under paragraph 1 above, the Secretary of State may, instead of making an order under that section, proceed with the matter as if the application were the reference.

Subject to sub-paragraph (2) below, the Secretary of State shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under paragraph 3 above containing the Secretary of State’s determination on a review which— The Secretary of State shall not be required to pay any compensation under sub-paragraph (1) above if the determination in question is shown to have been given in consequence of— Any compensation required to be paid by the Secretary of State under this paragraph shall be paid out of money provided by Parliament. No person shall be entitled to any compensation under section 45 of the Control of Pollution Act 1974 (early variation of conditions) in respect of anything done in pursuance of paragraph 4 above.

Section 287 of the Public Health Act 1936 and section 10 of the 1937 Act (powers of entry) shall have effect in relation to the provisions of this Schedule as they have effect, in accordance with paragraph 3(7) of Schedule 8 to this Act, in relation to the 1937 Act but as if the designation required by virtue of paragraph 2(9)(a) of that Schedule were a designation by the Secretary of State.

In section 68(1) of the 1961 Act (restriction on disclosure of information), the references in paragraphs (b) and (c) to the 1937 Act shall include references to this Schedule.

In this Schedule—

Subject to the following provisions of this paragraph, where— The power under sub-paragraph (1) to carry out works specified in sub-paragraph (3) below shall include power to carry out such works in a street; and the power conferred by virtue of sub-paragraph (1)(d) of paragraph 2 of Schedule 19 to this Act and sub-paragraphs (4) to (6), (8) and (9) of that paragraph and paragraph 3 of that Schedule shall apply in relation to the power conferred by this sub-paragraph as they apply in relation to the powers conferred by the said paragraph 2. The works mentioned in sub-paragraphs (1) and (2) above are, in relation to any premises— The purposes mentioned in sub-paragraph (1) above are— A notice given for the purposes of sub-paragraph (1)(a) above may relate to particular premises or to any description of premises and shall be given— Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises. Any works carried out by a water undertaker by virtue of the provisions of this paragraph shall be necessary works for the purposes of sections 45 to 51 of this Act; but nothing in this paragraph shall prevent the exercise by a water undertaker of its power by virtue of subsection (3)(b) of section 50 of this Act to impose a condition under subsection (1)(c) or (d) of section 43 of this Act in a case where it has, under the said section 50, required the provision of a separate service pipe to any premises.

Subject to sub-paragraphs (2) and (3) and paragraph 3(6) below, where any meter to be used in determining the amount of any charges is installed by or at the request of any water undertaker or sewerage undertaker then, notwithstanding the provisions of any enactment not contained in this Schedule or of any agreement to the contrary between the undertaker and any other person, the undertaker shall bear— Sub-paragraph (1) above shall not require any water undertaker or sewerage undertaker to bear, or prevent any such undertaker from recovering from any other person— except, in the case of expenses falling within paragraph (a) above, where the conditions could not have been imposed but for the exercise by the undertaker of its power by virtue of paragraph (a), (b), (d) or (e) of section 50(2) of this Act to require the provision of a separate service pipe to any premises. The occupier of any premises where any water undertaker or sewerage undertaker installs or has installed a meter shall in all cases bear so much of the expenses referred to in sub-paragraph (1) above as is attributable to compliance with a request made by him in accordance with any regulations under section 78(2) of this Act for the positioning, in a place other than that reasonably proposed by the undertaker, either of the meter or of any pipe or apparatus installed for the purpose of facilitating the use of the meter. Without prejudice to the preceding provisions of this paragraph or to section 179(5) of this Act, where a person authorised by any water undertaker or sewerage undertaker carries out any works by virtue of paragraph 1 above on any premises, the undertaker shall make good, or pay compensation for, any damage caused by that person or by any person accompanying him by or in connection with the carrying out of the works. The reference in sub-paragraph (2) above to a sewerage undertaker’s trade effluent functions is a reference to its functions under the Public Health (Drainage of Trade Premises) Act 1937, Part V of the Public Health Act 1961 and sections 43 to 45 of the Control of Pollution Act 1974.

If any person— he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. A person shall not be guilty of an offence under sub-paragraph (1) above in respect of anything done by him with the consent of the undertaker who uses the meter. Where an application is made to any water undertaker or sewerage undertaker for a consent for the purposes of sub-paragraph (2) above, the undertaker— but on such an application the undertaker shall not refuse its consent, or impose any such condition as is mentioned in paragraph (b) above, unless it is reasonable to do so. Where any water undertaker or sewerage undertaker has given a notice to any person imposing any such condition as is mentioned in sub-paragraph (3)(b) above, then, unless that person notifies the undertaker that the carrying out of the works to which the condition relates is no longer required, the undertaker— Any person who sustains any loss or damage in consequence of any failure by any water undertaker or sewerage undertaker— shall be entitled to recover compensation from the undertaker. A water undertaker or sewerage undertaker which carries out any works made necessary by the commission of an offence under sub-paragraph (1) above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.

Where— it shall be the duty of the undertaker who obtained the reading to disclose the reading to the other undertaker. The duties of an undertaker under this paragraph shall be enforceable under section 20 of this Act by the Secretary of State. In this paragraph “undertaker” means a water undertaker or sewerage undertaker.

Any dispute between a water undertaker or sewerage undertaker and any other person (including another such undertaker)— shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.

In this Schedule “meter” means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises. In this Schedule any reference to the fixing of charges in relation to any premises by reference to volume is a reference to the fixing of those charges by reference to the volume of water supplied to those premises, to the volume of effluent discharged from those premises, to both of those factors or to one or both of those factors taken together with other factors.

An application for a consent for the purposes of section 108(1)(a) of this Act for any discharges shall be made to the Authority; and such an application shall be accompanied or supplemented by all such information as the Authority may reasonably require. An application made in accordance with this paragraph which relates to proposed discharges at two or more places may be treated by the Authority as separate applications for consents for discharges at each of those places. Where an application is made in accordance with this paragraph the Authority shall— The Authority shall be entitled, on an application made in accordance with this paragraph, to disregard the provisions of paragraphs (a) to (c) of sub-paragraph (3) above if it proposes to give the consent applied for and considers that the discharges in question will have no appreciable effect on the waters into which it is proposed that they should be made. It shall be the duty of the Authority to consider any written representations or objections with respect to an application under this paragraph which are made to it in the period of six weeks beginning with the day of the publication of notice of the application in the London Gazette and are not withdrawn. Where notice of an application under this paragraph is published by the Authority under sub-paragraph (3) above, the Authority shall be entitled to recover the expenses of publication from the applicant. If a person who proposes to make or has made an application under this paragraph (“the relevant application”)— the Secretary of State may issue a certificate to that person providing that those provisions shall not apply to such of the things mentioned in paragraph (a) above as are specified in the certificate.

On an application under paragraph 1 above the Authority shall be under a duty, if the requirements of that paragraph are complied with, to consider whether to give the consent applied for, either unconditionally or subject to conditions, or to refuse it. Subject to paragraph 3(5) below, on an application made in accordance with paragraph 1 above, the consent applied for shall be deemed to have been refused if it is not given within the period of four months beginning with the day on which the application is received or within such longer period as may be agreed in writing between the Authority and the applicant. The conditions subject to which a consent may be given under this paragraph shall be such conditions as the Authority may think fit and, in particular, may include conditions— and it is hereby declared that a consent may be given under this paragraph subject to different conditions in respect of different periods. A consent for any discharges which is given under this paragraph is not limited to discharges by a particular person and, accordingly, extends to discharges which are made by any person.

This paragraph applies where the Authority proposes to give its consent under paragraph 2 above on an application in respect of which such representations or objections as the Authority is required to consider under paragraph 1(5) above have been made. It shall be the duty of the Authority to serve notice of the proposal on every person who made any such representations or objection; and any such notice shall include a statement of the effect of sub-paragraph (3) below. Any person who made any such representations or objection may, within the period of twenty-one days beginning with the day on which the notice of the proposal is served on him, in the prescribed manner request the Secretary of State to give a direction under paragraph 4(1) below in respect of the application. It shall be the duty of the Authority not to give its consent on the application before the end of the period of twenty-one days mentioned in sub-paragraph (3) above and, if within that period— the Authority shall not give its consent on the application unless the Secretary of State has served notice on the Authority stating that he declines to comply with the request. Any period during which the Authority is prohibited by virtue of sub-paragraph (4) above from giving its consent on the application shall be disregarded in determining whether the application is deemed to have been refused under paragraph 2(2) above.

The Secretary of State may, either in consequence of representations or objections made to him or otherwise, direct the Authority to transmit to him for determination such applications for consent under paragraph 1 above as are specified in the direction or are of a description so specified. Where a direction is given to the Authority under this paragraph, the Authority shall comply with the direction and inform every applicant to whose application the direction relates of the transmission of his application to the Secretary of State. Paragraph 1(3) to (6) above shall have effect in relation to an application transmitted to the Secretary of State under this paragraph with such modifications as may be prescribed. Where an application is transmitted to the Secretary of State under this paragraph, the Secretary of State may at any time after the application is transmitted and before it is granted or refused— The Secretary of State shall exercise his power under sub-paragraph (4) above in any case where a request to be heard with respect to the application is made to him in the prescribed manner by the applicant or by the Authority. Where under this paragraph the Secretary of State affords to an applicant and the Authority an opportunity of appearing before, and being heard by, a person appointed for the purpose, it shall be the duty of the Secretary of State to afford an opportunity of appearing before, and being heard by, that person to every person who has made any representations or objection to the Secretary of State with respect to the application in question. It shall be the duty of the Secretary of State, if the requirements of this paragraph and of any regulations made under it are complied with, to determine an application for consent transmitted to him by the Authority under this paragraph by directing the Authority to refuse its consent or to give its consent under paragraph 2 above (either unconditionally or subject to such conditions as are specified in the direction); and the Authority shall comply with any direction under this sub-paragraph. In complying with a direction under sub-paragraph (7) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 above. Without prejudice to any of the preceding provisions of this paragraph, the Secretary of State may by regulations make provision for the purposes of, and in connection with, the consideration and disposal by him of applications transmitted to him under this paragraph.

If it appears to the Authority— the Authority may, if it thinks fit, serve on him an instrument in writing giving its consent, subject to any conditions specified in the instrument, for discharges of a description so specified. A consent given under this paragraph shall not relate to any discharge which occurred before the instrument containing the consent was served on the recipient of the instrument. Sub-paragraphs (3) and (4) of paragraph 2 above shall have effect in relation to a consent given under this paragraph as they have effect in relation to a consent given under that paragraph. Where a consent has been given under this paragraph, the Authority shall, as soon as practicable after giving it— It shall be the duty of the Authority to consider any written representations or objections with respect to a consent under this paragraph which are made to it in the period of six weeks beginning with the day of the publication of notice of the consent in the London Gazette and are not withdrawn. Where notice of a consent is published by the Authority under sub-paragraph (4) above, the Authority shall be entitled to recover the expenses of publication from the person on whom the instrument containing the consent was served.

It shall be the duty of the Authority to review from time to time the consents given under paragraphs 2 and 5 above and the conditions (if any) to which the consents are subject. Subject to such restrictions on the exercise of the power conferred by this sub-paragraph as are imposed under paragraph 7 below, where the Authority has reviewed a consent under this paragraph, it may by a notice served on the person making a discharge in pursuance of the consent— If on a review under sub-paragraph (1) above it appears to the Authority that no discharge has been made in pursuance of the consent to which the review relates at any time during the preceding twelve months, the Authority may revoke the consent by a notice served on the owner or occupier of the land from which discharges would be made in pursuance of the consent. If it appears to the Secretary of State appropriate to do so— he may, subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 7 below, at any time direct the Authority, in relation to a consent given under paragraph 2 or 5 above, to do anything mentioned in sub-paragraph (2)(a) to (c) above; and the Authority shall comply with any such direction. The Authority shall be liable to pay compensation to any person in respect of any loss or damage sustained by that person as a result of the Authority’s compliance with a direction given in relation to any consent by virtue of sub-paragraph (4)(b) above if— For the purposes of sub-paragraph (5) above information is material, in relation to a consent, if it relates to any discharge made or to be made by virtue of the consent, to the interaction of any such discharge with any other discharge or to the combined effect of the matter discharged and any other matter.

Each instrument signifying the consent of the Authority under paragraph 2 or 5 above shall specify a period during which no notice by virtue of paragraph 6(2) or (4)(c) above shall be served in respect of the consent. Each notice served by the Authority by virtue of paragraph 6(2) or (4)(c) above (except a notice which only revokes a consent) shall specify a period during which a subsequent such notice which alters the effect of the first-mentioned notice shall not be served. The period specified under sub-paragraph (1) or (2) above in relation to any consent shall not, unless the person who proposes to make or makes discharges in pursuance of the consent otherwise agrees, be less than the period of two years beginning— A restriction imposed under sub-paragraph (1) or (2) above shall not prevent the service by the Authority of a notice by virtue of paragraph 6(2) or (4)(c) above in respect of a consent given under paragraph 5 above if—

This paragraph applies where the Authority has, otherwise than in pursuance of a direction of the Secretary of State— The person, if any, who applied for the consent in question, or any person whose deposits, discharges or other conduct is or would be authorised by the consent may appeal against the decision to the Secretary of State. The Secretary of State may by regulations provide for the conduct and disposal of appeals under this paragraph; and, without prejudice to the generality of the power conferred by this sub-paragraph, regulations under this sub-paragraph may, with prescribed modifications, apply any provision of paragraphs 1(3) to (6) above and 4(4) to (6) above in relation to appeals under this paragraph. If, on an appeal under this paragraph, the Secretary of State is of the opinion that the decision of the Authority should be modified or reversed, he may give the Authority such directions as he thinks appropriate for requiring it— and the Authority shall comply with any such direction. In complying with a direction under sub-paragraph (4) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 above. Nothing in any direction under sub-paragraph (4) above or in anything done in pursuance of any such direction shall be taken to affect the lawfulness or validity of anything which was done—

Where— the Authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this paragraph. The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this paragraph shall be— and provision made by a scheme for the purposes of paragraph (c) above may impose a single charge in respect of the whole period for which the consent is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges. The Authority shall not make a scheme under this paragraph unless its provisions have been approved by the Secretary of State; and the consent of the Treasury shall be required for the giving of such an approval. Before submitting a scheme under this paragraph to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, publish a notice setting out its proposals and specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State. Where any proposed scheme has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications— The matters mentioned in sub-paragraph (5) above are— A scheme under this paragraph may— and such a scheme may revoke or amend a previous scheme under this paragraph. It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this paragraph which is for the time being in force to the attention of persons likely to be affected by them.

Subject to the following provisions of this Schedule and to any repeal made by this Act, in the Water Resources Act 1963 (in this Schedule referred to as “the 1963 Act”) and in any subordinate legislation made under that Act, for any reference (however framed) to any one or more water authorities and for any reference which falls to be construed as such a reference there shall be substituted a reference to the Authority. Sub-paragraph (1) above does not apply to section 19 of the 1963 Act (which is amended, instead, by section 127 of this Act). It is hereby declared that the amendments made by paragraphs 23(2), 25 and 32(11) below have effect in place of any provision which has effect immediately before the transfer date under the Ministers of the Crown Act 1975 for determining the Minister or Ministers by whom functions under that Act are exercisable and which makes different provision according to the water authority in relation to which the functions are exercised.

For subsection (1) of section 2 of the 1963 Act (meaning of “water resources” and “source of supply”) there shall be substituted the following subsection—

In section 17 of the 1963 Act (gauges and records kept by certain persons), in subsection (1), for the words from “on or after” to “other than”, in the second place where they occur, there shall be substituted the words “to install a gauge for measuring and recording the flow, level or volume of any inland water, other than”.

In section 22 of the 1963 Act (measurement of volume instead of or in addition to flow), for the references in subsections (1) and (2) to sections 19 and 20 of that Act there shall be substituted references to section 19 of that Act.

In section 23(1) of the 1963 Act (general restrictions), for the words from “as from” to “or cause” there shall be substituted the words “no person shall abstract from any source of supply or cause”.

In subsection (1) of section 24 of the 1963 Act (exceptions from general restrictions), for the words “one thousand gallons”, in each place where they occur, there shall be substituted the words “five cubic metres”. After that subsection there shall be inserted the following subsection— unless the abstraction is such that the quantity of water abstracted from that inland water by or on behalf of the occupier by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours. unless the abstraction is such that the quantity of water abstracted from the strata by or on behalf of that individual by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours. Sub-paragraphs (3) and (4) above shall not have effect until the end of the period of twelve months beginning with the transfer date.

In subsection (1) of section 25 of the 1963 Act (power to apply to the Minister for an order excepting a source of supply from restrictions), for the words from “in a” to “from” there shall be substituted the word “from”. In subsection (6) of that section (application of Schedule 7 to the 1963 Act to that section), in paragraph (a) for the words from “unless” to “shall be” there shall be substituted the words “shall be”. In subsection (7) of that section (directions of Minister relating to draft order), for the words before paragraph (a) there shall be substituted the words “If, in the case of a source of supply—”.

In subsection (1) of section 28 of the 1963 Act (publication of application for a licence)— After subsection (3) of that section there shall be inserted the following subsection—

In subsection (2) of section 29 of the 1963 Act (licence not to be granted in derogation of protected rights), at the end there shall be inserted the words “except with the consent of the person entitled to those rights.” In subsection (6) of that section (duty to have regard to minimum acceptable flow), after the word “secure” there shall be inserted the words “(or, as the case may be, secure in relation to the different times or periods for which the flow is determined)”.

In section 30(3) of the 1963 Act (matters to be specified in licence), for the words from “or to” to “undertakers”, in the second place where it occurs, there shall be substituted the words “to a water undertaker or sewerage undertaker or to any person (not being a water undertaker) who proposes to abstract the water for the purpose of supplying it to others”.

In subsection (2) of section 32 of the 1963 Act (notification of succession to licence), except in relation to a person who, under that subsection, has ceased more than one month before the transfer date to be the holder of the licence in question, for the words “one month” there shall be substituted the words “fifteen months”.

In section 36(1) of the 1963 Act (general restriction on impounding works), for the words from “after” to “(not being” there shall be substituted the words “begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in an inland water (not being”.

In section 38(1) of the 1963 Act (reference of applications to the Minister), after the word “directions” there shall be inserted the words “to the National Rivers Authority”.

In subsection (1) of section 41 of the 1963 Act (provisions supplementary to sections 38 to 40), for the words after paragraph (a) there shall be substituted the words; and In subsection (2) of that section (application of certain provisions to references and appeals to the Minister), for the words “and (3) of section 28” there shall be substituted the words “(3) and (3A) of section 28”.

In section 45(1)(a) of the 1963 Act (special provisions as to spray irrigation), for the words from “source” to “authorising” there shall be substituted the words “source of supply, authorising”.

In section 48(1) of the 1963 Act (revocation or variation of authorisations under certain statutory provisions)—

In subsection (1) of section 53 of the 1963 Act (register of applications and licences), for the words “a register” there shall be substituted the word “registers”. In subsection (2) of that section (register of applications by water authority etc.), for the words from “applications” to “in”, in the first place where it occurs, there shall be substituted the words “applications made in”. In subsection (3) of that section (availability of register for inspection)— Subject to any regulations under the 1963 Act, the information which the Authority is required to keep in registers kept under that section shall include any information which immediately before the transfer date was contained in a register kept under that section by a water authority.

In subsection (2) of section 60 of the 1963 Act (exemption from, and reduction of, charges)— After subsection (5) of that section there shall be inserted the following subsection— In subsection (6) of that section, at the end there shall be inserted the words “and the quantity of water authorised to be abstracted from the strata in any period of twenty-four hours does not exceed twenty cubic metres in aggregate.”

For section 64 of the 1963 Act (enforcement of charges) there shall be substituted the following section—

In subsection (1) of section 78 of the 1963 Act (borings not requiring licences), for the words from “at any time” to “a well” there shall be substituted the words “any person proposes to construct a well”. In subsection (2) of that section, for the words from “after” to “for the” there shall be substituted the words “a person proposes to construct or extend a boring for the”.

In subsection (3) of section 79 of the 1963 Act (byelaws preventing use of boats on inland waters), for the words from “their new” to “their area” there shall be substituted the words “any of the water resources functions of the National Rivers Authority or any of that Authority’s functions by virtue of Chapter III or IV of Part III of the Water Act 1989, that Authority may make byelaws prohibiting such inland waters”. In subsection (4)(d) of that section (byelaws not to apply to reservoir belonging to statutory water undertakers), for the words “statutory water undertakers other than the water authority” there shall be substituted the words “a water undertaker”.

In subsection (1) of section 81 of the 1963 Act (agreements for particular purposes)— For subsection (2) of that section (directions with respect to agreements under subsection (1)) there shall be substituted the following subsection— In subsections (3) and (5) of that section, for the words “under this section” there shall be substituted the words “such as is mentioned in subsection (1) of this section”; and in subsection (4) of that section for the words “is made under this section” there shall be substituted the words “such as is mentioned in subsection (1) of this section is made”.

In subsection (1) of section 82 of the 1963 Act (transfers of certain property and functions and of reservoirs, wells, boreholes, etc.), for the words from “any one” to the end of the subsection there shall be substituted the words “any of the functions or property of a navigation authority, conservancy authority or harbour authority.” For subsection (9) of that section (definition of “the Ministers”) there shall be substituted the following subsection— Any functions which immediately before the transfer date are functions of a water authority by virtue of an order or agreement under that section shall on that date become functions of the Authority; and, on and after the transfer date, any provision made with respect to the transfer of any functions by such an order and in force or effective immediately before that date shall have effect, with the necessary modifications, in relation to the Authority as it had effect in relation to the water authority in whom those functions were vested before that date.

In subsection (1) of section 91 of the 1963 Act (contributions to navigation, harbour or conservancy authorities), for the words from “purposes” to “contribute” there shall be substituted the words “purposes of the water resources functions of the National Rivers Authority, that Authority shall contribute”. In subsection (2) of that section (contributions from navigation, harbour or conservancy authorities), for the words from “performance”, in the first place where it occurs, to “performance”, in the second place where it occurs, there shall be substituted the words “carrying out by the National Rivers Authority of its water resources functions have made, or will make, a beneficial contribution towards the carrying out”.

In section 106(1) of the 1963 Act (compensation for officers and servants), for the words from the beginning to “jointly” there shall be substituted the words “The Ministers (within the meaning of section 82 of this Act)”.

For subsections (2) and (3) of section 109 of the 1963 Act (local inquiries) there shall be substituted the following subsection—

In subsection (3) of section 126 of the 1963 Act (border rivers), for the words from the beginning to “shall” there shall be substituted the words “The provisions of this Act relating to the water resources functions of the National Rivers Authority shall”.

In section 128(2) of the 1963 Act (savings for drought orders), for the words from “in a” to “holders” there shall be substituted the words “shall be treated as if it had been authorised to be so abstracted by a licence granted under this Act, whether the water undertaker to which the order relates is the holder”.

In section 131(2)(a) of the 1963 Act (licence in respect of waters owned or managed by the British Waterways Board), after “Act” there shall be inserted the words “and no person other than the Board or a person authorised for the purpose by the Board may be given a consent for the purposes of section 24 (1A) of this Act”.

In section 132 of the 1963 Act (ecclesiastical property)—

In subsection (1) of section 135 of the 1963 Act (definitions)— In subsection (2)(a) of that section, for the words from “new” to “pollution” there shall be substituted the words “water resources functions of the National Rivers Authority”. In subsection (3) of that section, for paragraph (a) there shall be substituted the following paragraph—.

In paragraph 1 of Schedule 7 to the 1963 Act (draft statements to which Part I of Schedule applies), for the words “or section 20(1)(a) of this Act” there shall be substituted the words “of this Act other than a draft statement for amending provision for determining the minimum acceptable flow for any inland water.” In paragraph 2(b) of that Schedule (inspection of proposed draft statement), for the words from “a place” to “where” there shall be substituted the words “the place where”. In sub-paragraph (a) of paragraph 3 of that Schedule (notice in newspapers), for the words from “circulating” to the end of the sub-paragraph there shall be substituted the words “circulating in the locality in which the inland water to which the draft statement relates is situated; or”. In paragraph 4 of that Schedule (persons to be served with notice)— In paragraph 6 of that Schedule (duty to furnish copy of draft statement), for the words from “not exceeding” onwards there shall be substituted the words “as the National Rivers Authority thinks reasonable.” In paragraph 10 of that Schedule (draft statements for amending minimum acceptable flows)— In paragraph 11 of that Schedule (amendment of statement of minimum acceptable flows), for the words “amend the statement of” there shall be substituted the words “approve the statement for amending the provision for determining any”. In paragraph 12 of that Schedule (procedure in relation to objections), for the words from “amending” to “relate” there shall be substituted the words “determining whether to approve the statement”. In paragraph 13 of that Schedule (procedure after amendment made), for the words from “amended”, in the first place where it occurs, to “amended”, in the second place where it occurs, there shall be substituted the wordsto be amended by virtue of the approval (with or without alterations) of proposals submitted to the Minister, the Minister shall give notice to the National Rivers Authority—. In paragraph 16(b) of that Schedule (cases to which paragraph 17 applies), for the words “or section 20 of this Act or by Part III of this Schedule” there shall be substituted the words “of this Act”. In paragraph 17(1) of that Schedule (meaning of “Minister” in certain cases), for the words “the Ministers” there shall be substituted the words “the Minister and the Minister of Agriculture, Fisheries and Food, acting jointly.”

In paragraph 2(b) of Schedule 10 to the 1963 Act (persons to be notified of proposal to make order under section 82), for the words “harbour authority or statutory water undertakers” there shall be substituted the words “or harbour authority”.

Subject to the following provisions of this Schedule and to any repeal made by this Act— Subject as aforesaid, any function of a Minister of the Crown under any provision of the 1976 Act shall, in so far as immediately before the transfer date it is exercisable by different Ministers according to the water authority in relation to which it is exercised, be exercisable on and after that date concurrently by the Minister of Agriculture, Fisheries and Food and by the Secretary of State. Any function which is a function of a water authority immediately before the transfer date by virtue of any scheme or order made under the 1976 Act shall, subject to the provisions of that Act, be a function of the Authority on and after that date. In the 1976 Act, for the words “the main river”, wherever they occur (except where they occur in the expression “the main river map”), there shall be substituted the words “a main river”.

In subsection (2)(a) of section 4 of the 1976 Act (local land drainage schemes and local land drainage committees), for the word “that” there shall be substituted the word “their”. For subsection (5) of that section there shall be substituted the following subsection—

For subsection (6) of section 5 of the 1976 Act (appointment of members and proceedings of local land drainage committees) there shall be substituted the following subsection—

Section 9 of the 1976 Act (main river maps) shall be amended as follows. In subsection (1), for the words “of a water authority area relating to the water authority’s land drainage functions” there shall be substituted the words “relating to the area of a regional flood defence committee”. In subsection (3), for the words “the main river map of the authority’s area” there shall be substituted the words “a main river map”. For subsection (5) there shall be substituted the following subsection— For subsections (7) and (8) there shall be substituted the following subsections—

Section 17 of the 1976 Act (general drainage powers) shall be amended as follows. In subsection (1)— For subsection (2) there shall be substituted the following subsection— For subsection (3) there shall be substituted the following subsection— In subsection (4)— For subsection (7) there shall be substituted the following subsection—

In subsection (1) of section 21 of the 1976 Act (arrangements between drainage authorities), the words from “and which” onwards shall be omitted. For subsections (2) and (3) of that section there shall be substituted the following subsections—

In section 22 of the 1976 Act (arrangements with other persons generally), for the words “whether within or outside their area” there shall be substituted the words “(in the case of an internal drainage board, whether within or outside their district)”.

In section 23(2) of the 1976 Act (arrangements with certain authorities for the carrying out of works etc.), for the words “their area” there shall be substituted the words “any land (being, in the case of an internal drainage board, land situated in their district)”.

In subsection (2) of section 24 of the 1976 Act (enforcement of obligations to repair watercourses, bridges etc.)— Subsection (4) of that section (watercourses in London) shall cease to have effect.

In section 26(11) of the 1976 Act (records to be kept of charges)—

In section 27(2) of the 1976 Act (power of Minister to make an order varying navigation rights), for the words “drainage authorities within whose areas” there shall be substituted the words “National Rivers Authority and every internal drainage board within whose district any of”.

In subsection (1) of section 28 of the 1976 Act (obstructions in watercourses), for the words “the drainage authority” there shall be substituted the words “the National Rivers Authority or, in the case of works in the district of an internal drainage board, of that Authority or the board.” After subsection (1) of that section there shall be inserted the following subsection— In subsection (2), for the words “receipt of the application” there shall be substituted the words “relevant day”. After subsection (11), there shall be inserted the following subsection— Subsection (12) of that section (watercourses in London) shall cease to have effect.

In section 29 of the 1976 Act (structures in, over or under watercourses), after subsection (2) there shall be inserted the following subsection— In subsection (3) of that section, for paragraph (b) and the word “and” immediately preceding it there shall be substituted the following paragraphs— After subsection (8) there shall be inserted the following subsection—

For subsection (1) of section 32 of the 1976 Act (power of water authorities to provide flood warning systems) there shall be substituted the following subsection— In subsection (4) of that section, for the words from the beginning to “authority’s area” there shall be substituted the words “The National Rivers Authority may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if its functions in relation to the areas of the regional flood defence committees whose areas are adjacent to Scotland were functions in relation to that area in Scotland and as if that area in Scotland were included in the areas of each of those committees, but”.

For subsection (1) of section 34 of the 1976 Act (byelaws) there shall be substituted the following subsection— In subsection (3) of that section, at the end there shall be inserted the words “by an internal drainage board; and Schedule 24 to the Water Act 1989 has effect with respect to the making of such byelaws by the National Rivers Authority”.

In section 36(1) of the 1976 Act (power of water authorities to acquire accretions of land resulting from drainage works), for the words from “the water authority” to “compulsorily” there shall be substituted the words “the powers of the National Rivers Authority by virtue of the Water Act 1989 to acquire land by agreement or compulsorily for the purpose of carrying out any of its functions shall include power so to acquire”.

In section 37(1) of the 1976 Act (power of internal drainage boards to acquire land), for the word “area” there shall be substituted the word “district”.

In section 45(3) of the 1976 Act (definitions for the purposes of revenue raising provisions), in the definition of “relevant expenditure”, for the words from “of the expenses” to the end of the definition there shall be substituted the words “and of the expenses of the Authority’s research and related activities”.

In section 46(6) of the 1976 Act (aggregate amount for which precepts in respect of a local land drainage district may be issued in a case where a water authority borrows or proposes to borrow money under the 1973 Act), for the words “the Water Act 1973” there shall be substituted the words “the Water Act 1989”.

In section 48(2) of the 1976 Act (raising of general drainage charges in respect of any local land drainage district), for the words “for the authority’s area” there shall be substituted the words “for the area in which that district is situated”.

In section 49(3) of the 1976 Act (application of order relating to amount of general drainage charge), for the words from “water authority areas”, where they first occur, to “and there specified” there shall be substituted the words “local flood defence districts specified in the order”.

In subsection (1) of section 50 of the 1976 Act (special drainage charges in interests of agriculture), for the words “that area” there shall be substituted the words “the area of any regional flood defence committee”. For subsection (2) of that section there shall be substituted the following subsection—

In subsection (2) of section 51 of the 1976 Act (levying and amount of special drainage charge), for the words “authority’s regional land drainage committee” there shall be substituted the words “regional flood defence committee for the area which includes that land”. For subsection (4) of that section there shall be substituted the following subsection—

In subsection (3) of section 54 of the 1976 Act (arrangements for payment of drainage charges by owners), for the words from the beginning to “section” there shall be substituted the words “Where arrangements are made under this section it shall be the duty of the National Rivers Authority”. In subsection (6) of that section, for the words from the beginning to “above” there shall be substituted the words “Where notice is given to the National Rivers Authority under subsection (5) above it shall be the duty of that Authority”.

In subsection (1) of section 59 of the 1976 Act (specified authorities in relation to agreements for assessment to and recovery of drainage charges), the word “chargeable” shall be omitted. In subsection (2) of that section, for the words from “wholly” onwards there shall be substituted the words “and the drainage board of any internal drainage district; and the land referred to in subsection (1) above is, in relation to any such council, the chargeable land within the area of the council and, in relation to any drainage board, such land as may be specified in the agreement.”

Section 62 of the 1976 Act (power to make water charges option orders) shall cease to have effect.

In section 64(1) of the 1976 Act (assessment of drainage charges on the basis of annual value), for the words “the area” there shall be substituted the words “their district”.

In each of subsections (1) and (4) of section 68 of the 1976 Act (power to make orders relating to differential drainage rates), for the words “the district” there shall be substituted the words “their district”. In subsection (5) of that section, for the word “area” there shall be substituted the word “district”.

In section 88(1) of the 1976 Act (power of drainage authorities to levy navigation tolls)—

In subsection (1) of section 89 of the 1976 Act (interpretation of Part IV), in the definition of “chargeable land”, for the words “the area” there shall be substituted the words “the area of a regional flood defence committee”. In subsection (2) of that section, for the words “a water authority area” there shall be substituted the words “the area of a regional flood defence committee”.

In paragraph (a) of section 90(6) of the 1976 Act (grants to water authorities for the acquisition of land and rights over land), for the words from “conferred” to the end of the paragraph there shall be substituted the words “of the National Rivers Authority by virtue of the Water Act 1989 to acquire land by agreement or compulsorily”.

In section 93(3) of the 1976 Act (notice of application for authority to execute drainage works to be given to persons including a drainage authority), for the words “any drainage authority having jurisdiction in any district or area” there shall be substituted the words “the National Rivers Authority and to the internal drainage board for any district”.

In section 94(3)(d) of the 1976 Act (compensation for loss attributable to a scheme under section 11 of the 1976 Act), for the words “such water authority as may be” there shall be substituted the words “the National Rivers Authority if it is”.

In section 100(1) of the 1976 Act (schemes for drainage of small areas), for the words “as it applies to a water authority” there shall be substituted the words “in relation to their area as it applies to the National Rivers Authority in relation to any such land as is mentioned in that section”.

In subsection (2) of section 109 of the 1976 Act (regulations and orders), for the words “section 46” there shall be substituted the words “section 28(1A), 29(2A), 46”. In subsection (3) of that section, after “27,” there shall be inserted “28(1A), 29(2A),”.

In section 110(1)(c) of the 1976 Act (apportionment of expenses of local authorities), for the words “water authority area” there shall be substituted the word “county”.

In section 112(2) of the 1976 Act (protection of certain undertakings), for paragraph (b) there shall be substituted the following paragraph—.

Schedule 1 to the 1976 Act (members and proceedings of regional and local land drainage committees) shall be amended as follows. In paragraph 5 (vacation of office upon the happening of certain events), for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph—. In paragraph 8 (disqualification for appointment as a member of a committee)— In paragraph 10 (payments to members of committees of amounts determined by the appropriate Minister)— For paragraph 14 (proceedings) there shall be substituted the following paragraph— In paragraph 15 (disqualification for paid office of water authority), for the words from “water authority’s” onwards there shall be substituted the words “regional flood defence committee or a local flood defence committee, be disqualified from being appointed to any paid office by the National Rivers Authority or by any regional flood defence committee other than the office of chairman of a local flood defence committee.” For paragraph 16 (interpretation) there shall be substituted the following paragraph—

In paragraph (b) of the proviso to paragraph 3 of Schedule 2 to the 1976 Act (termination of office of members of a board), for the words “becomes bankrupt or makes a composition or arrangement with” there shall be substituted the words “is adjudged bankrupt, or his estate is sequestrated, or he makes a composition or arrangement with, or grants a trust deed for,”. In paragraph 6 of that Schedule (disqualification), after the word “with” there shall be inserted the words “or granted a trust deed for”.

In Schedule 4 to the 1976 Act (byelaws made by drainage authorities)—

The appropriate Minister may by order made by statutory instrument alter the boundaries of the area of any regional flood defence committee or provide for the amalgamation of any two or more such areas. Where an order under this Schedule makes provision by reference to anything shown on a main river map (within the meaning of the 1976 Act) that map shall be conclusive evidence for the purposes of the order of what is shown on the map. The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the appropriate Minister considers appropriate. In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees, the provision made by virtue of sub-paragraph (3) above may include provision determining the total number of members of the amalgamated committee and the total number of such members to be appointed by the constituent councils of that committee; and subsections (6) and (7) of section 138 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section. In this Schedule “the appropriate Minister” —

Before making an order under this Schedule, the appropriate Minister shall— A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall— The appropriate Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.

Before making an order under this Schedule, the appropriate Minister shall consider any representations or objections which are duly made with respect to the draft order and are not withdrawn, and may, if he thinks fit, cause a local inquiry to be held with respect to any such representations or objections. Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the appropriate Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order. The appropriate Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.

Where the appropriate Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) on whom notice is required to have been served under paragraph 2(3) above and who has duly made an objection to the making of the order that has not been withdrawn. Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph. If before an order takes effect under sub-paragraph (2) above— the order shall be subject to special parliamentary procedure. A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to sub-paragraph (2) below, after making an order under this Schedule, the appropriate Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice stating that the order has been made and naming the places where a copy of the order may be inspected at all reasonable times. In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice shall not be published until the end of the period of twenty-eight days referred to in that sub-paragraph, and shall state whether or not the order is to be subject to special parliamentary procedure.

Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground— he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court. On an application under this paragraph the High Court, if satisfied— may quash the order either generally or in so far as it affects the applicant. Sub-paragraph (1) above shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945 and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if the reference to the date of the first publication of the notice required by paragraph 5 above were a reference to the date on which the order becomes operative under the said Act of 1945. Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

Subject to the following provisions of this Schedule and to any repeal made by this Act, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed and whether or not in relation to an area) to any one or more water authorities, or to a particular water authority, shall have effect on and after the transfer date as if that reference were a reference to the Authority. Subject as aforesaid, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed) to the area of a water authority shall have effect on and after the transfer date as if that reference were a reference— Subject as aforesaid, any function of a Minister of the Crown under any provision to which this paragraph applies or under the Diseases of Fish Act 1937 shall, in so far as immediately before the transfer date it is exercisable by different Ministers according to the water authority or water authority area in relation to which it is exercised, be exercisable on and after that date concurrently by the Minister of Agriculture, Fisheries and Food and by the Secretary of State; and references in any enactment (including a reference inserted by this Act) to a Minister, so far as they have effect for the purposes of, or in connection with, the exercise of any function under a provision to which this paragraph applies or the said Act of 1937, shall have effect accordingly. The provisions to which this paragraph applies are the provisions of— The modifications made by this paragraph shall be subject to any power by subordinate legislation to revoke or amend any provision to which this paragraph applies; and, accordingly, any such power, including the powers conferred by section 191 of this Act and paragraph 2 below, shall be exercisable so as to exclude the operation of this paragraph in relation to the provisions in relation to which the power is conferred.

If it appears to the Minister or the Secretary of State to be appropriate to do so for the purposes of, or in consequence of, the coming into force of any provision of this Schedule, he may by order revoke or amend any subordinate legislation. An order under this paragraph may— The power conferred by virtue of this paragraph in relation to subordinate legislation made under any enactment shall be without prejudice to any other power to revoke or amend subordinate legislation made under that enactment, but—

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The provisions of section 1 of the Sea Fisheries Regulation Act 1966 (establishment of fisheries committees) which provide that an order under that section modifying a previous such order is to be made only on such an application and after such consultation as is mentioned in that section shall not apply to an order under that section which contains a statement that the only provision made by the order is provision which appears to the Minister making the order to be appropriate in consequence of any of the provisions of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 18(3) of that Act (provision where a water authority or harbour authority have the powers of a local fisheries committee), for the words from “section 36(3)” to “authority)” there shall be substituted the words “section 186 of the Water Act 1989 (procedure relating to byelaws made by the National Rivers Authority)”.

In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—

The Salmon and Freshwater Fisheries Act 1975 shall be amended as follows. In section 5(5), for paragraph (c) (exemption from section 31(1)(a) of the Control of Pollution Act 1974) there shall be substituted the following paragraph— “(c) section 107(1)(a) of the Water Act 1989;”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 25(2) (licences to fish), for the words “of a description, in an area and for a period” there shall be substituted the words “of such a description, in such area or areas and for such period as is”. In section 26(1) (limitation of fishing licences)— In section 28 (general powers and duties of water authorities and Minister)— In section 32(1) (power of water bailiffs and other persons to enter lands), for the words “waters within a water authority area” there shall be substituted the words “any waters”. In section 35 (power to require production of fishing licences)— In section 39(5) (no power to bring criminal proceedings in Scotland), after the words “this section” there shall be inserted the words “or the Water Act 1989”. In section 41(1) (interpretation), in the definition of “authorised officer”, the words “acting within the water authority area” shall be omitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 2 (duty on licences)— In Schedule 3 (administration)— In paragraph 9 of Part II of Schedule 4 (disqualification of offenders)— Section 181 of this Act shall apply in relation to any local inquiry under the said Act of 1975 as it applies in relation to local inquiries under this Act.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 39(3) of that Act (areas in respect of which a review of certain salmon net fishing is to be made), the reference to the areas of the Yorkshire and Northumbrian water authorities shall be construed on and after the transfer date as a reference to the areas which, immediately before that date, were the areas of those authorities for the purposes of their functions relating to fisheries.

Subject to the following provisions of this Schedule, the enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under section 151 of this Act of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

The Compulsory Purchase Act 1965 (in the following provisions of this Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory acquisition under section 151 of this Act of a right by the creation of a new right as it applies to the compulsory acquisition under that section of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to— Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under section 151 of this Act of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

For subsection (1) of section 8 of the 1965 Act (protection for vendor against severance of house, garden, etc.) there shall be substituted the following subsections—

The following provisions of the 1965 Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say— shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.

Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under section 151 of this Act of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

In this Schedule references to a relevant pipe shall be construed— In this Schedule “relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; and in this sub-paragraph “waterworks” includes any relevant pipe and any spring, well, adit, borehole, service reservoir or tank. The powers conferred by this Schedule on a water undertaker or sewerage undertaker shall be exercisable both inside and outside the undertaker’s area and, in so far as they authorise the removal of any pipe or the alteration of its size or course, shall be subject to such obligations by virtue of which the undertaker is required to maintain a pipe or a connection with it, or to alter a pipe only where certain conditions are satisfied, as are imposed on the undertaker by or under any enactment. In this Schedule references to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe as the pipe replaced. Without prejudice to paragraph 1(2) of Schedule 10 to this Act, nothing in this Schedule shall authorise the installation of any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises where that apparatus is to be used for the purpose only of determining the amount of any charges fixed, or to be fixed, in relation to those premises wholly or partly by reference to the volume of that water or effluent. In this paragraph—

Subject to the following provisions of this paragraph and to paragraph 3 below, the Authority, every water undertaker and every sewerage undertaker shall, for the purpose of carrying out its functions, have power— Without prejudice to the generality of sub-paragraph (1)(d) above, the Authority and every water undertaker shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes; and that power shall include power to attach any such notice to any building, fence or other structure which is comprised in premises abutting on the street. A stopcock fitted to any service pipe in a street shall be situated as near as reasonably practicable to the boundary of the street; and the Authority or a water undertaker shall consult with the highway authority concerned before determining in accordance with this sub-paragraph where to fit a stopcock in a highway. It shall be the duty of the Authority, of every water undertaker and of every sewerage undertaker— Any dispute as to whether compensation should be paid under sub-paragraph (4) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State. For the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) a payment of compensation under sub-paragraph (4) above shall be treated as made under an enactment passed before that Act. Where a water undertaker exercises its powers under this paragraph for the purpose of carrying out works of maintenance, repair or renewal in relation to a service pipe belonging to a person other than the undertaker, the undertaker shall be entitled to recover from the occupier of the premises supplied by means of that pipe the expenses reasonably incurred by that undertaker in so exercising that power. The reference in section 20 of the Highways Act 1980 (works in special roads) to a power under any enactment to lay down or erect apparatus includes a reference to any power to lay any pipe which is conferred by this paragraph. The restrictions contained in paragraphs (1) to (5) of section 32 of the Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by this paragraph as they apply in relation to the powers mentioned in that section and as if references in that section to a tramway included references to a trolley vehicle system.

Subject to the following provisions of this paragraph and without prejudice to section 160 of this Act, the powers conferred by paragraph 2 above to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)— except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs. Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by paragraph 2 above for the carrying out of emergency works, within the meaning of the Public Utilities Street Works Act 1950. A consent given for the purposes of this paragraph may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld. Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. If the Authority or any water undertaker or sewerage undertaker contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. In this paragraph “railway company” means the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway.

Subject to the following provisions of this paragraph, the Authority, every water undertaker and every sewerage undertaker shall, for the purpose of carrying out its functions, have power— Nothing in sub-paragraph (1) above shall authorise a water undertaker to lay a service pipe in, on or over any land except where— The power conferred by virtue of paragraph (b) of sub-paragraph (1) above, and the power conferred in relation to that paragraph by virtue of paragraph (d) of that sub-paragraph, shall be exercisable in relation to a service pipe irrespective of the person to whom the pipe belongs; but expenses incurred in exercising those powers in relation to any pipe shall be recoverable from the person to whom the pipe belongs only if and to the extent that that person has agreed to pay them. The powers conferred by this paragraph shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised. Subject to sub-paragraph (6) below, in relation to any exercise of the powers conferred by this paragraph for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of sub-paragraph (4) above shall be deemed— Sub-paragraph (5) above shall not apply in the case of any notice given within the period of one year beginning with the transfer date or in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—

Subject to sub-paragraph (2) below and without prejudice to paragraph 4 above, a water undertaker shall have power, at its own expense, to fit a stopcock to any service pipe by which a supply of water is or is to be provided to any premises by the undertaker, whether that pipe belongs to the undertaker or to any other person. A stopcock fitted in private premises by a water undertaker to any service pipe shall be situated as near as practicable to any street from which that pipe enters those premises.

If the value of any interest in any relevant land is depreciated by virtue of the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the person entitled to that interest shall be entitled to compensation from the Authority or, as the case may be, the undertaker of an amount equal to the amount of the depreciation. Where the person entitled to an interest in any relevant land sustains loss or damage which— he shall be entitled to compensation from the Authority or, as the case may be, the undertaker in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above. Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the Authority or, as the case may be, the undertaker shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land. Any question of disputed compensation under this paragraph, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications. For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (5) above is subject to a mortgage— Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under this paragraph to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which— The Secretary of State may by regulations make provision requiring the Authority or any water undertaker or sewerage undertaker, where it is proposing or has begun to exercise any power conferred by virtue of paragraph 4 or 5 above in a prescribed case, to make advance payments on account of compensation that will become payable in respect of the exercise of that power. In this paragraph “relevant land”, in relation to any exercise of a power conferred by virtue of paragraph 4 or 5 above, means the land where the power is exercised or land held with that land.

Nothing in the preceding provisions of this Schedule shall authorise the Authority or any water undertaker or sewerage undertaker to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State by notice served on the Authority or, as the case may be, that undertaker.

Subject to the following provisions of this paragraph and to paragraph 9 below, where the Authority or any water undertaker— the Authority or, as the case may be, that undertaker may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse. It shall be the duty of the Authority and of every water undertaker— For the purposes of sub-paragraph (2) above any extra expenditure— shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by this paragraph. Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. If the Authority or any water undertaker fails to take all necessary steps to secure that any water discharged by it under this paragraph is as free as may be reasonably practicable from— the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Nothing in this paragraph shall authorise any discharge which— Sections 107 and 108 of this Act shall have effect as if this paragraph and paragraph 9 below were prescribed enactments for the purposes of subsection (1)(e) of the said section 108. In this paragraph “railway company” has the same meaning as in paragraph 3 above.

Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under paragraph 8 above except— For the purposes of this paragraph, the Authority and every water undertaker shall keep a register of persons and premises and shall enter the name and address of any person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either— Where any person makes an application to any other person for a consent for the purposes of this paragraph— An application for a consent for the purposes of this paragraph shall be determined— and where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally. A consent for the purposes of this paragraph may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld. Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. Where any discharge under paragraph 8 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this paragraph, the Authority or, as the case may be, the undertaker which made the discharge shall, as soon as practicable after making the discharge, serve a notice which— on every person on whom the Authority or that undertaker would have been required to serve the application for that consent or any copy of that application. If the Authority or any water undertaker contravenes, without reasonable excuse, any of the requirements of this paragraph or any condition of a consent given for the purposes of this paragraph, the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Any person designated in writing for the purpose by the Authority or by a water undertaker or sewerage undertaker may enter any premises for any of the purposes specified in sub-paragraph (2) below. The purposes mentioned in sub-paragraph (1) above are— The power by virtue of sub-paragraph (1) above of a person designated by the Authority, or by a water undertaker or sewerage undertaker, to enter any premises for the purposes of carrying out any survey or tests shall include power— Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except— The reference in sub-paragraph (4) above to an emergency—

This Schedule shall be without prejudice to any powers conferred by virtue of Schedule 10 or 20 to this Act or otherwise by virtue of this Act or any agreement; but nothing in Part II of this Act by virtue of which a water undertaker or sewerage undertaker owes a duty to any particular person to lay any relevant pipe shall be construed—

Where the Authority or a water undertaker applies to the appropriate Minister for an order under section 155 of this Act, the Authority or, as the case may be, the undertaker shall— The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall— The persons mentioned in sub-paragraph (1)(c) above in relation to an application for a draft order submitted to the appropriate Minister are— In this paragraph “relevant locality”, in relation to an application for an order a draft of which is submitted to the appropriate Minister, means—

The applicant for an order under section 155 of this Act shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the draft order submitted to the appropriate Minister under paragraph 1 above and of any relevant map or plan.

On an application for an order under section 155 of this Act, the appropriate Minister may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraphs (2) and (3) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order. The appropriate Minister shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the appropriate Minister may have required. The appropriate Minister shall not, unless all interested parties consent, make an order under section 155 of this Act so as to confer in relation to any land any powers of compulsory acquisition which would not have been conferred in relation to that land if the order were made in the terms of the draft order submitted to him under paragraph 1 above. Where, on an application for an order under section 155 of this Act, the appropriate Minister refuses to make an order, the applicant shall, as soon as practicable after the refusal, notify the refusal to every person on whom the applicant was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application. The duty of a water undertaker under sub-paragraph (4) above shall be enforceable under section 20 of this Act by the Secretary of State.

If where an application for an order under section 155 of this Act has been made notice of an objection to it is received by the appropriate Minister before the end of the relevant period from— then, unless the objection is withdrawn, the appropriate Minister shall, before making the order, either cause a local inquiry to be held or afford to the objector and to the applicant for the order an opportunity of appearing before, and being heard by, a person appointed by the appropriate Minister for the purpose. Where any objection received by the appropriate Minister as mentioned in sub-paragraph (1) above relates to any powers of compulsory acquisition, the appropriate Minister may require the objector to state in writing the grounds of his objection; and if the appropriate Minister is satisfied that the objection relates exclusively to matters that can be dealt with in the assessment of compensation, he may disregard the objection for the purposes of that sub-paragraph. In this paragraph “the relevant period”, in relation to an application for any order, means the period ending with whichever is the later of— together, in the case of an application for an order modifications to which have been proposed by the appropriate Minister, with any further periods specified with respect to the modifications in notices under paragraph 3(2) above.

As soon as practicable after an order under section 155 of this Act has been made, the applicant for the order shall— The notice required by virtue of sub-paragraph (1)(a) above to be published with respect to an order under section 155 of this Act shall— Where an order under section 155 of this Act has been made, the applicant for the order shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the order and of any relevant map or plan. The duties of a water undertaker under this paragraph shall be enforceable under section 20 of this Act by the Secretary of State. In this paragraph “relevant locality”, in relation to an order made under section 155 of this Act, means—

Without prejudice to the provisions of Schedule 21 to this Act— shall apply in relation to so much of an order under section 155 of this Act as confers powers of compulsory acquisition as they apply in relation to a compulsory purchase order made by virtue of section 151 of this Act and, accordingly, shall so apply, where the case so requires, with the modifications made by Schedule 18 to this Act. Subject to the provisions of sub-paragraph (6) below, if any person aggrieved by an order under section 155 of this Act containing powers of compulsory acquisition, or by a certificate given under the special land provisions in connection with such an order, desires— he may make an application for the purpose to the High Court at any time before the end of the period of six weeks beginning with the date on which notice of the making of the order is first published in accordance with paragraph 5 above or, as the case may be, notice of the giving of the certificate is first published in accordance with the special land provisions. On any application under sub-paragraph (2) above with respect to any order or certificate, the High Court— Except as provided by sub-paragraph (2) above, the validity of any such order or certificate as is mentioned in that sub-paragraph shall not, either before or after the order or certificate has been made or given, be questioned in any legal proceedings whatsoever. Subject to any order of the High Court under sub-paragraph (3) above, any such order or certificate as is mentioned in sub-paragraph (2) above shall become operative (except, in the case of an order, where it is subject by virtue of the special land provisions to special parliamentary procedure) on the date on which notice of the making or giving of the order or certificate is published as mentioned in the said sub-paragraph (2). Where an order such as is mentioned in sub-paragraph (2) above is subject to special parliamentary procedure, sub-paragraphs (2) to (4) of this paragraph— In this paragraph—

Where— no compensation shall be payable by virtue of sub-paragraph (1) of paragraph 6 above in respect of any land or interest injuriously affected by the carrying out of those operations, in so far as that land or interest is injuriously affected by the abstraction of water, or the obstruction or impeding of the flow, in accordance with the provisions of the licence.

If the value of any interest in any relevant land is depreciated by the coming into force of so much of any order under section 155 of this Act as— the person entitled to that interest shall be entitled to compensation from the applicant for the order of an amount equal to the amount of the depreciation. Where the person entitled to an interest in any relevant land sustains loss or damage which— he shall be entitled to compensation from the applicant for the order in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above. Where any damage to, or injurious affection of, any land which is not relevant land is attributable to so much of any order under section 155 of this Act as— the applicant for the order shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land. A person who sustains any loss or damage which is attributable to any discharge of water made by the Authority or a water undertaker in pursuance of an order under section 155 of this Act shall be entitled to recover compensation from the Authority or undertaker in respect of the loss or damage. For the purposes of sub-paragraph (4) above any extra expenditure— shall be deemed to be a loss sustained by the undertaker or public authority and to be so attributable. Any question of disputed compensation under this paragraph, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications. For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (7) above is subject to a mortgage— In this paragraph “relevant land”, in relation to an order under section 155 of this Act, means any land which is not land in relation to which powers of compulsory acquisition are conferred by the order but is—

Section 160 of this Act shall apply, as it applies in relation to the carrying out of works in exercise of a power conferred by this Act, in relation to the carrying out of works by virtue of an authority granted by so much of any order under section 155 of this Act as makes provision other than provision conferring powers of compulsory acquisition.

In this Schedule— and references to a tenant for a month or for any period of less than a month include references to a statutory tenant, within the meaning of the Landlord and Tenant Act 1985, and to a licensee under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988.

This paragraph applies in each of the following cases, that is to say— Subject to sub-paragraph (3) below, a relevant body shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the relevant body unless express provision to the contrary is contained— A relevant body shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purposes of constructing, making, erecting or laying any part of its undertaking.

If the owner of any mines or minerals underlying any part of a relevant body’s undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the relevant body. On receipt of a notice under sub-paragraph (1) above the relevant body may cause the mines or minerals to be inspected by a person designated by it for the purpose. Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the relevant body— the owner shall not work the mines or minerals except to such extent as may be determined by the relevant body, and the relevant body shall so compensate the owner. Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Lands Tribunal. If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the relevant body, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question. If any damage to the undertaking of a relevant body is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of that body’s undertaking—

If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the relevant body in question. Communication works cut or made under this paragraph— Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking. Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the relevant body shall pay full compensation to him for the loss or damage. Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines. In this paragraph “communication works” means airways, headways, gateways or water levels.

Where mines or minerals underlying any part of a relevant body’s undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the relevant body shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of— and shall pay for any minerals not purchased by the relevant body which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the relevant body’s undertaking. Any dispute as to whether any sum should be paid under this paragraph or as to the amount payable shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant body and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.

Any person designated in writing for the purpose by a relevant body may, for any purpose specified in sub-paragraph (2) below— The purposes mentioned in sub-paragraph (1) above are— A person authorised to enter any premises under this paragraph may— Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this section except—

Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting a relevant body from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein.

In this Schedule— For the purposes of this Schedule the undertaking of a relevant body shall be taken to consist of so much of any of the following as is for the time being vested in or held by that body for the purposes of, or in connection with, the carrying out of any of its functions, that is to say— References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals. For the purposes of this Schedule land shall be treated as acquired by a relevant body in pursuance of powers of compulsory acquisition if it— In relation— references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before the transfer date has effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.

Each of the following, that is to say— 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. The enactments mentioned in sub-paragraph (1) above are— The Environment Agency, the Natural Resources Body for Wales, a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the Landlord and Tenant Act 1927. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. References in section 26 of the Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to the Environment Agency the Natural Resources Body for Wales, , a water undertaker or a sewerage undertaker. A water undertaker or sewerage undertaker shall be deemed to be statutory undertakers for the purposes of section 9(3) of the Inner Urban Areas Act 1978 (loans for site preparation). A water undertaker or sewerage undertaker shall be deemed to be public utility undertakers for the purposes of the Highways Act 1980 . . . In the enactments specified in sub-paragraph (10) below, “the appropriate Minister”, in relation to statutory undertakers, means— The enactments mentioned in sub-paragraph (9) above are— References to a local authority in the following enactments . . . shall not include references to the Environment Agency or the Natural Resources Body for Wales , namely—

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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—

and in this section “street” has the same meaning as in that Schedule.

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In section 14 of the 1945 Act (waste of water from wells and boreholes)— In section 15(1) of the 1945 Act (agreements as to drainage of land)— In section 16 of the 1945 Act (power to prohibit or restrict the use of hosepipes)— In section 35 of the 1945 Act (property in and damage to water fittings)— In section 41 of the 1945 Act (power of companies to issue redeemable stock)— 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)”. 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”. Section 46 of the 1945 Act (restriction on right to prosecute) shall cease to have effect. 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”. 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”.

In section 17(1) of the Requisitioned Land and War Works Act 1945 (publication of proposed orders relating to highways)—

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In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards)— In section 5 of that Act (objections to, and approval of, proposals to carry out coast protection work)— 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”. 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.” In section 17 of that Act (notification to coast protection authority of coast protection work to be carried out by certain authorities)— 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”. In section 47 of that Act (savings), for paragraph (c) there shall be substituted the following paragraph—. 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”. 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,”.

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— “ Provided that in determining whether to grant a certificate under this section, the Land Court shall disregard any practice adopted by the tenant in compliance with any obligation imposed on him by or accepted by him under section 31B of the Control of Pollution Act 1974. ”

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”. 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”. In Schedule 1 to that Act (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(4)—

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The Border Rivers (Prevention of Pollution) Act 1951 shall cease to have effect.

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.”

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”.

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.

In section 2(2) of the Town Development Act 1952 (contributions to specified expenses)— 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”. 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”.

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.

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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—. In section 2(1) of that Act (powers exercisable for purposes of manoeuvres)—

Subsection (5) of section 35 of the Finance Act 1958 (miscellaneous amendments in connection with stamp duty) shall cease to have effect.

In section 7 of the Opencast Coal Act 1958 (limitation on compulsory rights orders)— 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”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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”. 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”.

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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—; and the functions of those committees shall be regarded as public functions for the purposes of that Act.

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”. 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. 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.

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)— In section 66(1) of that Act (interpretation)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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”. 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”.

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”. 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”. In section 15 of that Act (responsibility of public gas supplier for interference with supplies of water)— 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”. In Schedule 2 to that Act (storage authorisation orders), in each of paragraphs 4(2), 7(3), 12(1) and 16(2)— and, in paragraph 12(6), after the words “paragraph (b)” there shall be inserted the words “or paragraph (bb)”. In Schedule 3 to that Act (certificates as respects planning permission and grant of statutory licences to abstract water)— In Part II of Schedule 4 to that Act (compulsory purchases affecting supplies of water), in paragraph 5— In Schedule 6 to that Act (power to enter on land and to prospect and survey land), in paragraph 2—

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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—.

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—.

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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”. 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”. 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”. 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”. 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”.

In section 112 of that Act (power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Waterways Board)— 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”. 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”.

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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”. 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.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 13 to that Act (borrowing and lending by local authorities)—

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”. 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”.

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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—. In section 3 of that Act (prohibition on unlicensed disposal of waste), after subsection (4) there shall be inserted the following subsection— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 14 of that Act (disposal of waste in England and Wales)— 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)”. 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”. 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”. 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”. For section 95 of that Act there shall be substituted the following section— 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”.

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”.

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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”.

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”.

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”.

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Schedule 1 to the Interpretation Act 1978 (definitions of words and expressions) shall be amended as follows. “Sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989. “Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.

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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”.

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—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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— In section 73 of that Act (power to prescribe improvement line for widening streets)— In section 74 of that Act (power to prescribe a building line)— In section 100 of that Act (drainage of highways)— 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”. 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”. 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”. 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,”. In section 254(4) of that Act (drainage of highway into watercourse)— 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”. In section 276 of that Act (contributions to land drainage works which will benefit trunk roads)— In section 329(1) of that Act (further provision as to interpretation)— In section 339 of that Act (saving for works etc. of drainage authorities etc.)— In Schedule 1 to that Act (procedures for making or confirming certain orders and schemes)— 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,”.

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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”. 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”.

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”.

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—. 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,”.

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

In section 98 of the Telecommunications Act 1984 (use of certain conduits)— In section 101 of that Act (general restrictions on disclosure of information)— 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”.

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”.

In section 25 of the Building Act 1984 (provision of water supply), after subsection (6) there shall be inserted the following subsection— In section 82 of that Act (notices under section 81 of that Act relating to demolition)— In section 101 of that Act (incorporation of Part VI of Schedule 3 to the 1945 Act)— “public sewer” has the same meaning as in the Public Health Act 1936;

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In section 573(1) of the Housing Act 1985 (meaning of “public sector authority”), for the words “a water authority” there shall be substituted the words “the National Rivers Authority”. In paragraph 4(6) of Schedule 8 to that Act (calculation of rent in relation to shared ownership leases), for the words from “for services” onwards there shall be substituted the words “in respect of any services provided by a water undertaker or sewerage undertaker in the course of the carrying out of its functions”. In item 2 of Part II of Schedule 14 to that Act (debits to the Housing Revenue Account of amounts equal to rents, rates etc.), for the words “water rates or charges” there shall be substituted the words “charges for the supply of water or for the provision of sewerage services”.

In section 74 of the Airports Act 1986 (restriction on disclosure of information)—

In section 42 of the Gas Act 1986 (general restrictions on disclosure of information)—

In each of sections 233(3)(c) and 372(4)(c) of the Insolvency Act 1986 (supplies of gas, water etc. in a case of insolvency), for the words “statutory water undertakers” there shall be substituted the words “a water undertaker”. In section 413(2) of that Act (consultation with the Insolvency Rules Committee), at the end there shall be inserted the words “other than rules which contain a statement that the only provision made by the rules is provision applying rules made under section 411, with or without modifications, for the purposes of provision made by section 23 or 24 of or Schedule 6 to the Water Act 1989.”

In section 3(3) of the Local Government Act 1988 (qualification of definition of works contract for the purposes of Part I of that Act), for the words “water authority” there shall be substituted the words “sewerage undertaker”. In section 25(2) of that Act (assistance not requiring consent), for paragraph (b) there shall be substituted the following paragraph—.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The power of the Secretary of State to make regulations under section 119 of the said Act of 1988 (statutory references to rating), his power by virtue of sub-paragraph (1) above to make regulations under section 74(2) of that Act and his power to make an order under section 147 of that Act (power to make supplementary provision) shall each include power to make such modifications of any provision of this Act relating to the said functions, or of any enactment amended by any such provision, as the Secretary of State considers appropriate for the purposes for which those powers are conferred. In paragraph 10(1)(b) of Schedule 5 to that Act (exemption for hereditaments subject to contributions under paragraph 1(a) of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975), for the words from “paragraph 1(a)” onwards there shall be substituted the words “section 28(3)(a) of that Act.”