Water Consolidation (Consequential Provisions) Act 1991
In this Act “the consolidation Acts” means—
the Water Resources Act 1991, the Water Industry Act 1991, the Land Drainage Act 1991 and the Statutory Water Companies Act 1991; and
so much of this Act as re-enacts provisions repealed by this Act.
In this Act—
“the 1989 Act” means the Water Act 1989;
“the 1989 Act” means the Water Act 1989;
“the 1976 Act” means the Land Drainage Act 1976;
Section 2.
A person shall not be guilty of an offence under section 68 of the Public Health Act 1875 (offences of causing pollution of certain waters) in respect of any entry of matter into any controlled waters (within the meaning of Part III of the Water Resources Act 1991) which occurs—
under and in accordance with a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland); or
as a result of any act or omission under and in accordance with such a consent.
Section 48 of the Public Health Act 1936 shall cease to have effect in relation to a drain or private sewer connecting with a public sewer; and, accordingly, for the word “relevant” in subsection (1) of that section there shall be substituted the word “ local ”. In section 227 of that Act of 1936— Section 330 of that Act of 1936 shall cease to have effect in relation to any sewers, drains, culverts or pipes vested in a sewerage undertaker. “land drainage authority” means the National Rivers Authority or an internal drainage board; and “public sewer” means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to the Water Industry Act 1991 or under section 179 of that Act of 1991 or otherwise;
“drainage” has the same meaning as in the Land Drainage Act 1991; “drainage authority” means the National Rivers Authority or an internal drainage board;
In section 14(4) of the Fire Services Act 1947, for the words “section 20 of the Water Act 1989” there shall be substituted the words “ section 18 of the Water Industry Act 1991 ”. In section 15(2) of that Act of 1947, for the words “sections 47(1) and 81(1) of the Water Act 1989” there shall be substituted the words “ sections 57(1) and 147(1) of the Water Industry Act 1991 ”.
In section 15(4)(c) of the Requisitioned Land and War Works Act 1948, for the words from “paragraphs 2 and 3” to “1989” there shall be substituted the words “ section 158 of the Water Industry Act 1991 ”.
“drainage authority” means the National Rivers Authority or an internal drainage board;
“drainage authority” means the National Rivers Authority or an internal drainage board;
In section 5 of the Coal-Mining (Subsidence) Act 1957— This paragraph shall have no effect after the coming into force of the repeal of section 5 of that Act of 1957 by the Coal Mining Subsidence Act 1991.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (j), for the words “section 2 or 141 of the Water Act 1989” there shall be substituted the words “section 7 or 8 of the Water Resources Act 1991”; and
in sub-paragraph (k), for the words “established and maintained under section 6 of that Act” there shall be substituted the words “maintained under section 28 of the Water Industry Act 1991”.
In section 54 of the Public Health Act 1961—
in subsection (4), for the words from “controlled by” to “internal drainage board” and “the board” there shall be substituted, respectively, the words “ controlled by the National Rivers Authority or any internal drainage board ” and the words “ that Authority or, as the case may be, that board ”; and
in subsection (10), for the words from “byelaws”, in the first place where it occurs, onwards there shall be substituted the words “ byelaws made by virtue of paragraph 5 of Schedule 25 to the Water Resources Act 1991 or section 66 of the Land Drainage Act 1991 ”.
“river works consent” means a consent given under section 109 of the Water Resources Act 1991;
References in the Harbours Act 1964 to river works powers shall include references to any powers which are conferred by section 4 or 165 of the Water Resources Act 1991, or by or under Part VII of that Act or Part VI of the Water Industry Act 1991 and to any powers conferred by section 14 of the Land Drainage Act 1991. In section 27(2) of that Act of 1964—
In section 15 of the Gas Act 1965— In section 23(5) of that Act of 1965, for the words “the Water Resources Act 1963” there shall be substituted the words “ Chapter II of Part II of the Water Resources Act 1991 ”. In Part II of Schedule 4 to that Act of 1965—
In Schedule 1 to the Public Works Loans Act 1965—
in paragraph 1, for the words “section 87 of the Land Drainage Act 1976 or with any other enactment” there shall be substituted the words “ any enactment ”; and
in paragraph 2, after the words “as so incorporated” there shall be inserted the words “ or as incorporated with section 55 of the Land Drainage Act 1991 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 2 to the Parliamentary Commissioner Act 1967, in the note 9 inserted by the 1989 Act, for the words from “(that is to say” to “1976)” there shall be substituted the words “ (within the meaning of the Water Resources Act 1991) ”.
In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for paragraph (b) there shall be substituted the following paragraph—
In section 109(3)(b) of the Transport Act 1968, for the words “the Ministers (as defined in section 82(9) of the Water Resources Act 1963” there shall be substituted the words “ the Ministers (for the purposes of Schedule 2 to the Water Resources Act 1991) ”.
The powers conferred by section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) shall be exercisable by a local authority, within the meaning of that section, as if the NRA was a public body within the meaning of that section; and the powers of a local authority under that Act shall be deemed to include power to enter into an agreement for the collection and recovery by the authority, on behalf of any water undertaker or sewerage undertaker, of any charges fixed by the undertaker under Chapter I of Part V of the Water Industry Act 1991.
In paragraph 1(d) of Schedule 2 to the Land Charges Act 1972—
for the words “the Land Drainage Act 1976” there shall be substituted the words “ the Land Drainage Act 1991 ” (with a corresponding amendment of the Chapter number); and
for the words “Section 26(6)” there shall be substituted the words “ Section 34(2) ”.
In section 73(1) of the Local Government Act 1972, for the words from “conferred” to “or”, in the first place where it occurs, there shall be substituted the words “ conferred by the Water Resources Act 1991, the Land Drainage Act 1991 or ”. In section 138(3) of that Act of 1972—
In sections 44(2) and 58(2) of the Land Compensation Act 1973, for the words “Schedule 18 to the Water Act 1989” there shall be substituted the words “ Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 30D(1) of the Control of Pollution Act 1974, for the words “section 105 of the Water Act 1989” there shall be substituted the words “ section 83 of the Water Resources Act 1991 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the entry relating to directors of companies holding appointments under Chapter I of Part II of the Water Act 1989, for the words “Water Act 1989” there shall be substituted the words “ Water Industry Act 1991 ”.
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the entry relating to directors of companies holding appointments under Chapter I of Part II of the Water Act 1989, for the words “Water Act 1989” there shall be substituted the words “ Water Industry Act 1991 ”.
A person shall not be guilty of an offence under section 4 of the Salmon and Freshwater Fisheries Act 1975 (offences of causing pollution of certain waters) in respect of any entry of matter into any controlled waters (within the meaning of Part III of the Water Resources Act 1991) which occurs— In section 5(5) of that Act of 1975, for paragraph (c) there shall be substituted the following paragraph—. In section 39(5) of that Act of 1975, after the words “this section” there shall be substituted the words “ the Water Resources Act 1991 ”. “inland water” means any area of inland waters within the meaning of the Water Resources Act 1991; Section 215 of the Water Resources Act 1991 shall apply in relation to a local inquiry under that Act of 1975 as it applies in relation to a local inquiry under a provision of that Act of 1991 to which that section applies. In paragraph 39 of Schedule 3 to that Act of 1975, for the words “the said section 145” there shall be substituted the words “ section 4 of the Water Resources Act 1991 ”.
In section 4(1)(a) of the Restrictive Trade Practices Act 1976, after the words “or the Water Act 1989,” there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ”.
In Schedule 1 to the Interpretation Act 1978, in the definitions of “sewerage undertaker” and “water undertaker”, for the words “section 11 of the Water Act 1989” there shall be substituted the words “ section 6 of the Water Industry Act 1991 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 185(2) of the Local Government, Planning and Land Act 1980—
for paragraph (b) there shall be substituted the following paragraph—;
the reference in paragraph (c) to the definition of a “navigation authority” in subsection (1) of section 135 of the Water Resources Act 1963 shall continue to have effect notwithstanding the repeal and re-enactment of provisions of that section.
In section 100(5) and (6) of the Highways Act 1980, for the words “Schedule 19 to the Water Act 1989” there shall be substituted the words “ sections 158, 159, 163, 165 and 168 of the Water Industry Act 1991 ”. In section 339 of that Act of 1980, for the words “Land Drainage Act 1976”, in each place where they occur, there shall be substituted the words “ Land Drainage Act 1991 ”.
In Schedule 4 to the Fisheries Act 1981, for paragraph 6 there shall be substituted the following paragraph—
In section 98(9) of the Telecommunications Act 1984, in paragraph (a) of the definition of “water main”, for the words from “within”, in the first place where it occurs, to “that Act” there shall be substituted the words “ or resource main within the meaning of the Water Industry Act 1991 ”. In section 101(3)(j) of that Act of 1984, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ”.
The Building Act 1984 shall be amended as follows. In section 18(5)— In section 25(7)— In section 82, for the words “section 167 of the Water Act 1989” there shall be substituted the words “ section 174 of the Water Industry Act 1991 or section 176 of the Water Resources Act 1991 ”. In section 101— In section 126, in the definition of “public sewer”, for the words “Public Health Act 1936” there shall be substituted the words “ Water Industry Act 1991 ”.
In sections 895(2) and 995(4) of the Companies Act 2006 (compromises with creditors and protection of minorities by the Secretary of State), any reference to a company or body corporate which is liable to be wound up includes a reference to a company or body corporate which would be so liable but for section 25 of the Water Industry Act 1991. In section 459(3) of that Act of 1985, for the words “the Water Act 1989” there shall be substituted the words “ the Statutory Water Companies Act 1991 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1 of the Water (Fluoridation) Act 1985, after subsection (6) there shall be inserted the following subsection—
In paragraphs 9 to 11 of Part II of Schedule 3 to the Agricultural Holdings Act 1986, for the words “section 112 of the Water Act 1989”, wherever they occur, there shall be substituted the words “ section 94 or 95 of the Water Resources Act 1991 ”.
In section 74(3)(k) of the Airports Act 1986, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ”.
In section 42(3)(l) of the Gas Act 1986, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ”.
In section 413(2) of the Insolvency Act 1986, for the words “section 23 or 24 of or Schedule 6 to the Water Act 1989” there shall be substituted the words “ any of sections 23 to 26 of the Water Industry Act 1991 or Schedule 3 to that Act ”.
In section 25(1) of the Norfolk and Suffolk Broads Act 1988, in paragraph (b) of the definition of “statutory undertaker”, for the words “the Land Drainage Act 1976” there shall be substituted the words “ the Land Drainage Act 1991 ”.
In section 25(2)(b) of the Local Government Act 1988, for the words “section 40 or 71 of the Water Act 1989” there shall be substituted the words “ section 41 or 98 of the Water Industry Act 1991 ”.
In Schedule 5 to the Local Government Finance Act 1988—
in paragraph 10(1)(b), for the words “section 28(3)(a) of that Act” there shall be substituted the words “ section 142(1)(a) of the Water Resources Act 1991 ”; and
for sub-paragraph (2) of paragraph 14 there shall be substituted the following sub-paragraph—
The Water Act 1989 shall be amended as follows. In section 174— In Schedule 26—
In section 57(3)(n) of the Electricity Act 1989, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ”. In paragraph 3(1)(c) of Schedule 4 to that Act of 1989, for the words “Schedule 19 to the Water Act 1989” there shall be substituted the words “ section 159 of the Water Resources Act 1991 or section 158 of the Water Industry Act 1991 which (whether or not it is in a street) is ”.
In section 152(11) of the Companies Act 1989, for the words from “include” onwards there shall be substituted the words “ include sections 32 to 34 of the Water Industry Act 1991 and any reference under section 32 of that Act. ”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 264(4)(a) of the Town and Country Planning Act 1990, for the words “or the Water Act 1989” there shall be substituted the words “ the Water Act 1989 or the Water Industry Act 1991 ”.
In section 55(1) of the Food Safety Act 1990, for the words “Chapter II of Part II of the Water Act 1989” there shall be substituted the words “ Part III of the Water Industry Act 1991 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 89 of the New Roads and Street Works Act 1991, for the words “the Water Act 1989” there shall be substituted the words “ the Water Industry Act 1991 ”. In paragraph 7(3) of Schedule 4 to that Act of 1991, for the words “Water Act 1989” there shall be substituted the words “ Water Industry Act 1991 ”.
Paragraph 1 of Schedule 9 to the Water Resources Act 1991 Date of entry upon or occupation or use of land Paragraph 2(2) or (3) of that Schedule Date of the ordinary drought order Paragraph 2(4) of that Schedule Date of decision to prohibit or limit the taking of water Paragraph 2(5) of that Schedule Date of suspension or variation of consent to make discharges or of the attachment of conditions to such consent Paragraph 2(1) of Schedule 21 to that Act Date of claim Paragraph 2(2) or (3) of that Schedule In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Paragraph 4(1)(b) of that Schedule Date loss is caused or damage done Paragraph 5(1) of that Schedule (including that provision as applied by paragraph 5(3)(b) of that Schedule) Date of claim Paragraph 2(1) of Schedule 12 to the Water Industry Act 1991 Date of claim Paragraph 2(2) or (3) of that Schedule In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim Paragraph 6(1)(b) of that Schedule Date loss is caused or damage done Section 14 of the Land Drainage Act 1991 (including that provision as applied by section 25(4)(b)) Date of claim Section 22 of that Act Date of claim Section 29(5) of that Act (including that provision as applied by sections 30(3) and 31(5)) Date of claim
In section 36(8) of the Coal Mining Subsidence Act 1991, in the definition of “main river”, for the words “the Land Drainage Act 1976” there shall be substituted the words “ Part IV of the Water Resources Act 1991 ”.
Section 2.
Subject to Part II of this Schedule, any subordinate legislation, application or appointment made, consent or approval given, licence or certificate issued or other thing done under or for the purposes of any enactment repealed by this Act, and anything which has effect as something so made, given, issued or done, shall have effect, so far as necessary for the purposes specified in sub-paragraph (2) below, as made, given, issued or done under the corresponding provision of the consolidation Acts. The purposes mentioned in sub-paragraph (1) above are— Subject to sub-paragraphs (1) and (2) above, a reference in any Act or in any subordinate legislation or document to any enactment repealed by this Act shall have effect after commencement as a reference to the corresponding enactment contained in the consolidation Acts. Without prejudice to the preceding provisions of this paragraph, where— then, notwithstanding the repeal, the modifications shall continue to have effect, and those sub-paragraphs shall have effect in relation to that subordinate legislation, consent, licence, document or other thing accordingly. Without prejudice to the preceding provisions of this paragraph, anything which immediately before commencement is treated for the purposes of an enactment repealed by this Act as done by or in relation to a particular person shall continue to be treated as done by or in relation to that person for the purposes of the corresponding provisions of the consolidation Acts, and sub-paragraphs (1) and (2) above shall have effect accordingly. The repeal by this Act of any provision which authorised any instrument under an enactment repealed by this Act to be made without— as would be required in respect of an instrument under the corresponding provision of the consolidation Acts shall not prevent any instrument which in pursuance of that provision has been so made from having effect, in accordance with sub-paragraphs (1) and (2) above, as if made under that corresponding provision. Where— so much of the period as has expired before commencement shall be taken into account, in relation to anything which is treated by virtue of this Schedule as done under that provision, as if that provision had been in force when the period began to run. References in this paragraph to an enactment repealed by this Act include references to any provision of subordinate legislation which is revoked by this Act.
Without prejudice to the provisions of paragraph 1 above— shall be exercisable in relation to the provisions of those Acts to the like extent as they were exercisable in relation to the enactment or subordinate legislation to which those provisions correspond. Where provision contained in any subordinate legislation is reproduced in any enactment contained in sections 134 to 136 of the Water Resources Act 1991, Chapter I or II of Part IV of, or Part II of Schedule 1 to, the Land Drainage Act 1991 or Part II of this Schedule, that enactment shall not have any greater effect by virtue of being contained in an enactment than it would have had if it had continued to be contained in the subordinate legislation in question. The repeal by this Act of paragraph 23 of Schedule 13 to the 1989 Act shall not affect the operation in relation to the NRA, in accordance with sub-paragraph (3) of that paragraph, of any provision of an order under section 82 of the Water Resources Act 1963 which was made before 1st September 1989. The repeal by this Act of section 106 of the Water Resources Act 1963 shall not affect the powers conferred by that section in relation to the provisions of section 5 or Part IX of that Act or in relation to any order under section 10 of that Act. The repeal by this Act of sections 45 to 47, 89 and 110 of the 1976 Act shall not affect the operation of those sections so far as— The repeal by this Act of sub-paragraph (2) of paragraph 71 of Schedule 25 to the 1989 Act (power to modify Part XII of the Companies Act 1985) shall not affect the continuing validity of anything done by virtue of the power conferred by that sub-paragraph to make regulations in relation to times before 1st September 1989.
Subject to section 74(6) of the Water Industry Act 1991— shall continue to have effect (notwithstanding the repeals made by this Act) with the modifications for which that paragraph provides and as if every duty imposed on a water undertaker by virtue of those modifications were enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State. Notwithstanding any repeal by the 1989 Act or this Act, Part V of the 1945 Act shall accordingly have effect in relation to any provisions having effect under the said paragraph 19 and this paragraph as it had effect in relation to those provisions immediately before 1st September 1989. In this paragraph and paragraph 4 below “the 1945 Act” means the Water Act 1945.
Where immediately before commencement any byelaws have effect by virtue of paragraph 57 of Schedule 26 to the 1989 Act as if the power conferred by any enactment repealed by this Act included a power to make those byelaws, those byelaws shall continue to have effect as if the corresponding enactment contained in the consolidation Acts contained such a power. Notwithstanding any repeal made by the 1989 Act or this Act, the provisions of subsections (2) to (5) of section 18 of the 1945 Act and of subsections (2), (4) and (5) of section 19 of the 1945 Act and, in relation to those provisions, the provisions of Part V of the 1945 Act shall have effect in relation to any byelaws under section 18 of the 1945 Act which have effect by virtue of paragraph 57(1) and (2) of Schedule 26 to the 1989 Act and the preceding provisions of this Schedule— and every duty imposed on a water undertaker by virtue of paragraph (b) above shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State. Without prejudice to the power of the Secretary of State under the Control of Pollution Act 1974 to bring the repeal of section 18 of the 1945 Act into force, the power of the Secretary of State under section 93 of the Water Resources Act 1991 to make an order for the purposes specified in that section shall include power, by an order under that section— Without prejudice to the power conferred by virtue of sub-paragraph (3) above, the Secretary of State shall not be required to hold a local inquiry before exercising his power, under paragraph 5 of Schedule 10 to the Water Industry Act 1991 or under paragraph 5 of Schedule 26 to the Water Resources Act 1991, to revoke any byelaw having effect by virtue of paragraph 57(2) of Schedule 26 to the 1989 Act and this Schedule. The repeal by this Act of subsections (8) and (9) of section 79 of the Water Resources Act 1963 shall not affect the application of those subsections (pending the repeal of subsection (1) of that section) in relation to any byelaws made by virtue of that subsection (1). The repeal by this Act of paragraph 26 of Schedule 26 to the 1989 Act (byelaws under the Rivers (Prevention of Pollution) Act 1951) shall not prevent any order made under that paragraph from continuing, subject to any modification required by paragraph 1(2)(b) above, to have effect; nor shall it affect any power to revoke, amend or re-enact any such order. In this paragraph “the relevant body”, in relation to any byelaws—
Notwithstanding the repeal by this Act of subsection (8) of section 136 of the 1989 Act, any local statutory provision having effect with modifications by virtue of that subsection shall continue to have effect with those modifications after commencement. Notwithstanding the repeal by this Act of sub-paragraph (3) of paragraph 1 of Schedule 15 to the 1989 Act and the provisions of the 1976 Act by virtue of which the scheme or order in question was made or treated as made, the functions transferred to the NRA by that sub-paragraph shall continue to be functions of the NRA after commencement as if the scheme or order had been made under the corresponding provisions of the consolidation Acts. The revocation by this Act of any provisions of the Internal Drainage Boards (Finance) Regulations 1990 shall not affect the operation of those provisions (by virtue of regulation 4 of those regulations) in relation to any local Act. Section 11 of the Sevenoaks Water Order 1934 (protective provisions for the benefit of the British Railways Board) shall continue to have effect notwithstanding the repeal by this Act of the Water Supplies (Exceptional Shortage Orders) Act 1934. This paragraph shall be without prejudice to any power to amend local statutory provisions which is saved by virtue of section 2 of this Act.
The repeal by this Act of provisions contained in Schedule 26 to the 1989 Act (transitional provisions) shall be without prejudice to the effect of any scheme made under Schedule 2 to that Act and, in particular, of any provision contained in such a scheme by virtue of paragraph 2(3)(c) of that Schedule 2. The repeal by this Act of sub-paragraph (3) of paragraph 29 of Schedule 26 to the 1989 Act shall not prevent any direction under that sub-paragraph from continuing (subject to any such modifications as are required by virtue of sub-paragraph (2)(b) of paragraph 1 above) to have effect in relation to any application which has effect—
The repeal by this Act of sections 29 and 30 of the 1989 Act (merger of water enterprises) shall not apply to those sections in so far as they have effect in relation to mergers taking place before 1st September 1989.
The repeal by this Act of paragraph 8 of Schedule 26 to the 1989 Act shall not affect the power to make a determination under sub-paragraph (2) of that paragraph on any reference which remains outstanding at commencement; and any such determination shall have effect, after it is made, as a determination of the Water Services Regulation Authority for the purposes of section 55 of the Water Industry Act 1991.
Without prejudice to paragraph 1 above, any duty which has effect under sub-paragraph (1) of paragraph 14 of Schedule 26 to the 1989 Act as a duty owed by a sewerage undertaker under section 71 of that Act shall have effect after commencement as owed by that undertaker under section 98 of the Water Industry Act 1991; and, accordingly, sub-paragraph (5) of that paragraph 14 shall have effect for the purposes of anything saved by this sub-paragraph as it has effect for the purposes of anything saved by sub-paragraph (3) of that paragraph. The repeal by this Act of section 72 of the 1989 Act shall be without prejudice to the application of subsection (8) of that section by paragraph 14(4) of Schedule 26 to that Act.
The repeals made by this Act shall not affect anything saved by virtue of sub-paragraph (2) of paragraph 13 of Schedule 26 to the 1989 Act (saving for certain appeals and references); but any determination made after commencement by virtue of that sub-paragraph under an enactment repealed by this Act shall have effect as if made by the Water Services Regulation Authority under the corresponding provision of the Water Industry Act 1991.
Notwithstanding its repeal by the 1989 Act, section 4 of the Public Utility Transfers and Water Charges Act 1988 (approval of metering trials schemes) shall apply, with the necessary modifications, to so much of any scheme made by a water undertaker under section 143 of the Water Industry Act 1991 as amends or revokes any scheme which— The repeal by this Act of sub-paragraph (6) of paragraph 16 of Schedule 26 to the 1989 Act shall not prevent any regulations which have effect in accordance with that sub-paragraph from continuing to have effect after commencement in accordance with paragraph 1 above as if the power in section 149 of the Water Industry Act 1991 included power to make or revoke any such provision as might have been made by virtue of section 5(3)(e) of the Public Utility Transfers and Water Charges Act 1988.
Commissioners of Sewers in existence immediately before commencement—
shall continue (subject to any scheme under section 3 of the Land Drainage Act 1991 or to any other scheme under that Act affecting their powers) to have the powers then exercisable by them or, in so far as those powers were exercisable under an enactment repealed by this Act, the corresponding powers under the Land Drainage Act 1991; and
shall have those powers subject to the same conditions, restrictions and qualifications or, in so far as the enactments imposing those conditions, restrictions or qualifications are repealed by this Act, the corresponding conditions, restrictions and qualifications in the Land Drainage Act 1991.
Where a person is disqualified for membership of a regional flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the Insolvency Act 1986, the rules applicable apart from the repeals made by this Act, rather than paragraph 3(2) of Schedule 4 to the Water Resources Act 1991, shall apply for determining when that disqualification shall cease.
Where immediately before commencement— that scheme or committee shall continue to be so treated or, as the case may be, that person shall continue so to hold office, notwithstanding the provisions of section 13 of, or Schedule 4 to, the Water Resources Act 1991 or the repeal of any enactment by this Act. Where a person is disqualified for membership of a local flood defence committee by virtue of having been adjudged bankrupt before the coming into force of the Insolvency Act 1986, the rules applicable apart from the repeals made by this Act, rather than paragraph 3(2) of Schedule 4 to the Water Resources Act 1991, shall apply for determining when that disqualification shall cease.
The repeals and revocations made by this Act shall not affect— and the applicable provisions of the 1976 Act and of the Internal Drainage Boards (Finance) Regulations 1990 shall continue, notwithstanding those repeals and revocations, to have effect (instead of any provisions of the Land Drainage Act 1991) for the purposes of, and in connection with, the making or levying of any such apportionment or rate and otherwise in relation to drainage rates made in respect of any such financial year. Where— that order or other thing shall have effect in relation to the drainage rates made in respect of the latter years as if it had been made or done under or for the purposes of the corresponding provision of Part IV of the Land Drainage Act 1991; and references in that Act, in any other enactment or in any subordinate legislation or document to orders made under that Act or to any other thing done under or for the purposes of that Act shall be construed accordingly. References in paragraphs 17 to 19 below, in relation to any drainage rate made for a financial year beginning before 1993, to section 64 of the 1976 Act include references to that section as it has effect, subject to the provisions of the Internal Drainage Boards (Finance) Regulations 1990, by virtue of sub-paragraph (1) above.
In the period ending with 31st March 1993 the number of appointed members of an internal drainage board— If, in that period, more than one charging authority is entitled to appoint members of an internal drainage board under paragraph 5 of Schedule 1 to the Land Drainage Act 1991— For the purposes of sub-paragraph (2) above the relevant fraction, in relation to a charging authority, is the fraction which bears the same proportion to one as the aggregate for that authority of the values specified in sub-paragraph (4) below bears to the sum of such aggregate values for all the local charging authorities whose areas lie within the board’s district. The values mentioned in sub-paragraph (3) above are, in relation to any internal drainage board, the following values for the area of every charging authority whose area lies wholly within the internal drainage district of that board and for such parts of the areas of other charging authorities as lie within that district, that is to say— In this paragraph—
Paragraph 2 of Schedule 1 to the Land Drainage Act 1991 (persons entitled to vote in elections of internal drainage board members) shall have effect until the beginning of the financial year beginning in 1993 as if— In paragraph 3(1) of that Schedule, a reference to the assessable value of any land, in relation to a relevant date before 1st April 1993, is a reference to the annual value on which any such drainage rate would be assessable in accordance with section 64 of the 1976 Act. In this paragraph “the relevant date” has the same meaning as in paragraph 3 of Schedule 1 to that Act of 1991.
Paragraph 4 of Schedule 1 to the Land Drainage Act 1991, shall have effect until the beginning of the financial year beginning in 1993, as if— Subject to sub-paragraph (3) below, a person shall not, by virtue of paragraph 4(1)(a), (c) or (d) of Schedule 1 to the Land Drainage Act 1991 and sub-paragraph (1) above, be qualified for election as being the owner of any land or a person nominated by the owner of any land if at the date of the election any amount demanded in respect of any owner’s drainage rate levied in respect of that land remains unpaid. Sub-paragraph (2) above shall not apply if— In paragraph 4(1) of Schedule 1 to the Land Drainage Act 1991, a reference to the assessable value of land is, in relation to a relevant date before 1st April 1993, a reference to the annual value on which any such a drainage rate would be assessable in accordance with section 64 of the 1976 Act. In this paragraph “the relevant date” has the same meaning as in paragraph 4 of Schedule 1 to the Land Drainage Act 1991.
Subsections (2) and (3) of section 72 of the Land Drainage Act 1991 (qualification for making certain applications) shall have effect in relation to qualification by reference to a drainage rate made in respect of a financial year beginning before 1993, as if a reference in those subsections to the occupiers of any land included a reference to the owners of the land. In paragraph (b)(iii) of subsection (2) of that section, a reference to the assessable value of land is, where the rate referred to in that paragraph was made for a year beginning before 1993, a reference to the annual value on which any such drainage rate would be assessable in accordance with section 64 of the 1976 Act.
Section 3.
Chapter Short title Extent of repeal 24 & 25 Geo 5. c. 20. The Water Supplies (Exceptional Shortage Orders) Act 1934. The whole Act. 26 Geo. 5 & 1 Edw. 8. c. 49. The Public Health Act 1936. Sections 17 to 19. Sections 21 and 22. Section 27. Sections 30 and 31. Section 34. Section 36. Section 42. Section 48, in subsection (1), the words “directly or” and subsection (1A). In section 90, in subsection (4), the words from “and any reference”onwards and subsection (5). In section 278(3), the words from “on” in the first place where it occurs, to “them, or”. In section 339, the proviso. 1 Edw. 8 & 1 Geo. 6. c. 40. The Public Health (Drainage of Trade Premises) Act 1937. Sections 1 to 3. Section 4(5). Sections 7 and 7A. Sections 9 and 10. Sections 13 and 14. 7 & 8 Geo. 6. c. 26. The Rural Water Supplies and Sewerage Act 1944. The whole Act. 8 & 9 Geo. 6. c. 42. The Water Act 1945. Section 7. Section 14(9), (10) and (12). Sections 15 and 16. Section 21. Section 35(2) and (4). Section 41. Section 43. Section 45. Section 48. Section 53. Section 56. Section 59. 11 & 12 Geo 6. c. 22. The Water Act 1948. Section 5(4). Section 6. 3 & 4 Eliz. 2 c. 13. The Rural Water Supplies and Sewerage Act 1955. The whole Act. 6 & 7 Eliz. 2. c. 69. The Opencast Coal Act 1958. In section 51(1), the definition of “drainage authority”. 8 & 9 Eliz. 2. c. 34. The Radioactive Substances Act 1960. In Part I of Schedule 1, in paragraph 3 the words “twenty-seven”, paragraphs 5, 6 and 8B, the paragraph 8F inserted by Schedule 25 to the Water Act 1989 and the paragraph 8G inserted by the Control of Pollution (Radioactive Waste) Regulations 1989. 9 & 10 Eliz. 2. c. 64. The Public Health Act 1961. Section 1(3). Sections 59 to 64. Sections 66 to 68. Section 69(1). 1963 c. 33. The London Government Act 1963. In Part I of Schedule 11, paragraph 27. In Schedule 9, paragraphs 11 and 17 of Part II and Part III.In Schedule 14, paragraph 10. 1963 c. 38. The Water Resources Act 1963. Section 2. Section 17. Section 19. Sections 22 to 32. Sections 36 to 55. Section 60. Sections 63 and 64. Section 71(3). Section 78. Section 79(3) to (6), (8) and (9). Sections 81 and 82. Section 88. Section 91. Sections 105 and 106. Section 109. Sections 114 to 118. Section 120. Section 123. Section 126(3) and (4). Section 128(1) and (2). Sections 131 and 132. Section 133(2). Section 134(1), (2) and (6)(c). In section 135— (a) subsection (1), except in so far as it defines “local enactment”, “performance” and “repeal” ;and (b) subsections (2), (3) and (5) to (8). Schedule 7. Schedule 10. 1964 c. 40. The Harbours Act 1964. In section 58, the words “(within the meaning of the Land Drainage Act 1930)”. 1965 c. 4. The Science and Technology Act 1965. In Schedule 2, the entry relating to section 7 of the Water Act 1945. 1965 c. 36. The Gas Act 1965. Section 28(5). 1967 c. 22. The Agriculture Act 1967. In section 50(3)(h), the words “(within the meaning of the Land Drainage Act 1930)”. 1968 c. 13. The National Loans Act 1968. In section 6(1), the words “section 1(3)(b) of the Rural Water Supplies and Sewerage Act 1955”. 1968 c. 35. The Water Resources Act 1968. The whole Act. 1971 c. 49. The Rural Water Supplies and Sewerage Act 1971. The whole Act. 1972 c. 70. The Local Government Act 1972. In Schedule 13, paragraph 24. 1973 c. 37. The Water Act 1973. Section 14(4). In Schedule 8, paragraphs 37, 39, 49, 78, 79, 80(1) and (3), 83, 85 and 86. 1974 c. 40. The Control of Pollution Act 1974. Section 43. Section 44(1), (3) (5) and (6). Section 45. In Schedule 2, paragraphs 6 to 9, 14 and 16. In Schedule 3, paragraphs 8 to 10. 1975 c. 51. The Salmon and Freshwater Fisheries Act 1975. In section 6(3)(c), the words “under this Act”. In section 28, subsections (3) to (8). In Schedule 3, paragraphs 7 to 9 and 13 to 38. 1976 c. 55. The Agriculture (Miscellaneous Provisions) Act 1976. In Schedule 3, the entries relating to the Land Drainage Act 1961 and sections 21(1), 23(1) and 24(1) of the Agriculture (Miscellaneous Provisions) Act 1968. 1976 c. 70. The Land Drainage Act 1976. Sections 4 to 19. Sections 21 to 61. Sections 63 and 64. Sections 67 to 69. Sections 71 and 72. Sections 74 to 79. Section 80(2) to (4). Sections 82 to 100. Sections 102 to 104A. Sections 106 to 115.. Section 116, except so much of subsection (1) as defines “drainage”, “land”, “land drainage”, “land drainage functions” and “the London excluded area”. Section 117(1) and (3). In section 118(3), the words “Save as provided by section 32(4) above”. Schedules 1 to 4. Schedule 6. In Schedule 7, paragraphs 6 and 8. Schedule 8. 1977 c. 45. The Criminal Law Act 1977 In Schedule 1, the entry relating to section 7 of the Water Act 1945.In Schedule 6, the entries relating to sections 14 and 16 of the Water Act 1945. 1979 c. 46 The Ancient Monuments and Archaeological Areas Act 1979. In Schedule 4, paragraph 16. 1980 c. 43. The Magistrates’ Courts Act 1980. In Schedule 7, paragraph 147. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 181. 1980 c. 66. The Highways Act 1980. In Schedule 24, paragraph 4. 1981 c. 12. The Water Act 1981. Section 6. 1981 c. 54. The Senior Courts Act 1981 . In Schedule 5, the entry relating to the Public Health Act 1961. 1981 c. 67. The Acquisition of Land Act 1981. In Schedule 4, in paragraph 1, the entry relating to the Land Drainage Act 1976. 1982 c. 32. The Local Government Finance Act 1982. In Schedule 5, paragraph 7. 1983 c. 23. The Water Act 1983. In Schedule 4, paragraphs 5 and 6. 1983 c. 55. The Value Added Tax Act 1983. In section 20(3)(c), the words “within the meaning of the Land Drainage Act 1976”. 1984 c. 12 The Telecommunications Act 1984. In Schedule 4, paragraph 66(1) and (2). 1984 c. 32. The London Regional Transport Act 1984. In Schedule 6, paragraph 12. 1985 c. 51. The Local Government Act 1985. In Schedule 4, paragraph 47.In Schedule 7, paragraphs 2 and 5 to 9. 1985 c. 63. The Water (Fluoridation) Act 1985 The whole Act. 1985 c. 65. The Insolvency Act 1985. In Schedule 8, paragraph 29. 1986 c. 31. The Airports Act 1986. In Schedule 2, paragraph 5. 1986 c. 44. The Gas Act 1986 In Schedule 7, paragraphs 2(6) and 25. 1986 c. 49. The Agriculture Act 1986. In Schedule 3, paragraph 3. 1986 c. 62. The Salmon Act 1986. Section 33(3). 1986 c. 63. The Housing and Planning Act 1986. Section 42(1)(b). 1987 c. 3. The Coal Industry Act 1987. In Schedule 1, paragraph 32. 1989 c. 15. The Water Act 1989. In section 1, subsections (1) to (5). Sections 2 and 3. In section 5, subsections (1) to (4). In section 6, subsections (1) to (7). Sections 7 to 10. Section 11(1) to (8). Sections 12 to 68. Section 70(3) to (5). Sections 71 to 82. Sections 97 to 136. In section 137, subsections (1) to (8), (10) and (11). Section 138. Section 139(1) to (5). Section 140. Section 141(1) to (4) and (7). Section 142(1). Section 143 to 167. Sections 170 to 172. Section 176. Sections 178 to 182. In section 184— (a) in subsection (1), the words “25(2) or” and the words “or by” onwards; (b) in subsections (3) and (5), the words “or the Minister”; and (c) in subsection (4), the words from the beginning to “Schedule 6 to this Act” In section 185(1), the words “(except in the case of regulations under section 13(1) above)” Section 186. Section 188. In section 189— (a) subsection (1) except in so far as it defines “the 1945 Act”, “the 1973 Act”, “the Authority”, “contravention”, “the director”, “disposal” and cognate expressions, “enactment”, “holding company” “information”, “local statutory provision”, “the Minister”, “modifications” and cognate expressions, “sewer”, “subordinate legislation”, “statutory water company”, “successor company”, “transfer date” and “water authority”;and (b) subsections (2) to (5) and (8). In section 192(3), paragraph (c) and the word “or”immediately preceding it. In Schedule 1, paragraphs 1 to 10 and 14 to 23. In Schedule 3, paragraphs 1 to 5. In Schedule 4, paragraphs 1 to 5. Schedules 5 to 7. In Schedule 8, paragraphs 1 and 2(1) to (10) and (12) and paragraphs 3 to 5. Schedules 9 to 16. In Schedule 17, paragraphs 6(b) and 7(2), (7)(a), (14)(a) to (f) and (g)(i) and (16). Schedules 18 to 21. Schedule 24. In Schedule 25— (a) paragraph 2; (b) in paragraph 3(1), the words from “or in” onwards; (c) paragraphs 6, 7, 10, 21, 27(4) and 31(1); (d) in paragraph 32(5), the words after paragraph (b); (e) paragraph 40; (f) in paragraph 45, sub-paragraphs (1) and (2); and (g) paragraphs 61(5), 63, 71(1) and (2), 72, 73 and 80(1). In Schedule 26— (a) in paragraph 5, sub-paragraphs (2) to (4); (b) paragraphs 7 to 12; (c) paragraph 13(1); (d) in paragraph 14, sub-paragraphs (1) and (2) and in sub-paragraph (5) the words “(1) or”; (e) in paragraph 15, sub-paragraph (2); (f) in paragraph 16, sub-paragraphs (1), (2), (5) to (7) and (10); (g) paragraphs 18 and 19; (h) paragraphs 21 to 39 (i) in paragraph 40, sub-paragraph (2) and in sub-paragraph (3), the words from the beginning to the end of paragraph (b) and the word “and” immediately after that paragraph; (j) in paragraph (2) and (3) and in sub-paragraph (4), the words “or (2)”; (k) paragraphs 42 to 45; (l) paragraph 48; (m) paragraph 50; (n) paragraph 56; and (o) in paragraph 57, sub-paragraphs (1) to (5) and (7). 1989 c. 29. The Electricity Act 1989. In Schedule 16, paragraphs 1(1)(vi) and (5), 3(1)(a), 10, 21 and 37. 1990 c. 11. The Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraphs 46 and 81(1) and (2). 1990 c. 16. The Food Safety Act 1990. Section 55(2) to (6). 1990 c. 43. The Environmental Protection Act 1990. Section 145(1).In Schedule 8, paragraph 8.In Schedule 9, paragraph 17.In Schedule 15, paragraphs 18, 28, 29 and 30. 1991 c. 22. The New Roads and Street Works Act 1991. In Schedule 8, paragraphs 110 and 122. 1991 c. 34. The Planning and Compensation Act 1991. In Part I of Schedule 18, the entries relating to the Land Drainage Act 1976 and the Water Act 1989.
Number Citation Extent of revocation S.I. 1978/319. The Land Drainage Act 1976 (Amendment) Regulations 1978. The whole instrument. S.I. 1986/208. The Local Government Act 1985 (Land Drainage Functions) Order 1986. In Part II of Schedule 1, paragraphs 2 to 4. S.I. 1989/440. The Valuation and Community Charge Tribunal (Transfer of Jurisdiction) Regulations 1989. In regulation 6(3), the words “section 79(8) of the Land Drainage Act 1976”.In Part II of Schedule 2, paragraph 4. S.I. 1989/1158. The Control of Pollution (Radioactive Waste) Regulations 1989. In regulation 4, the words from “and accordingly” onwards. S.I. 1990/72. The Internal Drainage Boards (Finance) Regulations 1990. Regulations 3 and 3A.Regulations 6 to 8.Regulation 9(3).Regulation 15(1) and (3).Regulations 16 to 20.Schedule. S.I. 1990/214. The Drainage Charges Regulations 1990. The whole instrument. S.I. 1991/523. The Internal Drainage Boards (Finance) (Amendment) Regulations 1991. Regulations 3 to 5..Regulations 7 and 8. S.I 1991/983. The Local Government Finance (Consequential Amendment) Order 1991. The whole instrument.
“the 1976 Act” means the Land Drainage Act 1976;
“commencement” means the commencement of the consolidation Acts and of so much of this Act as gives effect to any repeal;
“commencement” means the commencement of the consolidation Acts and of so much of this Act as gives effect to any repeal;
“the NRA” means the National Rivers Authority;
a provision of a local Act (including an Act confirming a provisional order);
a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;
a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or
a provision of any other instrument which is in the nature of a local enactment;
“local statutory provision” means—
a provision of a local Act (including an Act confirming a provisional order);
a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;
a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or
a provision of any other instrument which is in the nature of a local enactment;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified (being amendments consequential on the re-enactment of provisions in the consolidation Acts).
The transitional provisions, transitory provisions and savings contained in Schedule 2 to this Act shall have effect.
The powers under sections 190(1) and 194(5) of the 1989 Act and the powers under paragraph 2 of Schedule 17 to that Act (by virtue of which consequential amendments, transitional provisions and savings may be made in connection with the coming into force of provisions of that Act)—
shall not be restricted in consequence of any repeal made by this Act or of any provision of the consolidation Acts; but
shall be exercisable in relation to any provision of those Acts to the same extent as, before the coming into force of this Act, they were exercisable in relation to any corresponding provision of that Act.
The repeals made by this Act shall not affect the following powers to amend local statutory provisions, that is to say— but those powers, to the extent that they are exercisable by reference to the effect or operation of, or to things done under, any provision repealed by this Act, shall also be exercisable by reference to the effect or operation of, or to things done under, any corresponding provision of the consolidation Acts.
the power conferred by section 317 of the Public Health Act 1936;
the power conferred by section 12 of the Public Health (Drainage of Trade Premises) Act 1937 and section 69(2) of the Public Health Act 1961;
the power conferred by section 133(1) of the Water Resources Act 1963;
the powers conferred by section 191 of the 1989 Act;
The provisions having effect by virtue of this section shall be without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals) and subsections (3) and (4) above shall also be without prejudice to the generality of the provisions of paragraphs 1 and 2 of Schedule 2 to this Act.
Subject to the provisions having effect by virtue of section 2 above, the enactments mentioned in Part I of Schedule 3 to this Act (which include spent and unnecessary enactments) are hereby repealed to the extent specified in the third column of that Part of that Schedule.
Subject as aforesaid, the subordinate legislation mentioned in Part II of Schedule 3 to this Act is hereby revoked to the extent specified in the third column of that Part of that Schedule.
This Act may be cited as the Water Consolidation (Consequential Provisions) Act 1991.
This Act shall come into force on 1st December 1991.
Subject to subsections (4) to (7) below, this Act extends to England and Wales only.
Subject to the provisions— nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the NRA or any water undertaker or sewerage undertaker.
of any order under section 224 of the Water Resources Act 1991, section 222 of the Water Industry Act 1991 or section 75 of the Land Drainage Act 1991 (Isles of Scilly); and
of any order under section 193 of the Water Act 1989 (Isles of Scilly) which, by virtue of paragraph 1 of Schedule 2 to this Act, has effect in relation to any provisions of the consolidation Acts as an order falling within paragraph (a) above,
This Act, so far as it gives effect to amendments of the following enactments, that is to say— extends to the whole United Kingdom.
the Parliamentary Commissioner Act 1967;
the House of Commons Disqualification Act 1975; and
the Northern Ireland Assembly Disqualification Act 1975,
This Act so far as it gives effect to amendments of the Environmental Protection Act 1990 extends to Great Britain.
This Act, so far as it gives effect to the amendments in Schedule 1 to this Act of the following enactments, that is to say— extends to Scotland only.
sections 30D(1) and 31(2)(b)(iv) of the Control of Pollution Act 1974; and
the Water (Fluoridation) Act 1985,