Water Act 1989 (c. 15)

(The document as of February, 2008)

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(1) Nothing in this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking falling within subsection (3) below, which, whether directly or indirectly, so interferes or will so interfere--

(a) with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or

(b) with the use of any such works or property,

as to affect injuriously those works or that property or the carrying on of the undertaking.

(2) Nothing in any provision of this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking falling within subsection (3) below.

(3) The following are the undertakings which fall within this subsection, that is to say--

(a) the undertakings of the Authority, the Civil Aviation Authority, the British Coal Corporation and the Post Office;

(b) the undertaking of any water undertaker or sewerage undertaker;

(c) any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984;

(d) any airport to which Part V of the [1986 c. 31.] Airports Act 1986 applies;

(e) the undertaking of any public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986;

(f) the undertaking of the Central Electricity Generating Board or of any Area Board, within the meaning of the [1947 c. 54.] Electricity Act 1947;

(g) the undertaking of any navigation, harbour or conservancy authority or of any internal drainage board;

(h) the undertaking of the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway;

(i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act;

and, in relation to any such airport as is mentioned in paragraph (d) above, any reference in subsection (1) or (2) above to the persons carrying on the undertaking is a reference to the airport operator.

(4) Without prejudice to subsections (1) and (2) above, nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes--

(a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or

(b) with any such works used by any person for irrigating any land.

(5) Where the Authority or any water undertaker or sewerage undertaker proposes, otherwise than in exercise of any compulsory powers, to construct or alter any relevant inland water in any internal drainage district or to construct or alter any works on or in any such inland water, the Authority or undertaker shall consult the internal drainage board for that district before doing so.

(6) A consent for the purposes of subsection (1) or (4) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(7) Subject to subsection (8) below, any dispute--

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) or (4) above;

(b) as to whether any consent for the purposes of this section is being unreasonably withheld; or

shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

(8) Paragraph 23 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Authority, to every water undertaker and to every sewerage undertaker for the purposes of any works carried out by that Authority or undertaker in exercise of any of the powers conferred by this Act (including the powers conferred by sections 97 and 145 above).

(9) In this section "relevant inland water" means any inland water other than one that forms part of a main river for the purposes of the [1976 c. 70.] Land Drainage Act 1976.

161 Duty to move pipes etc. in certain cases

(1) Where any relevant pipe or other apparatus is for the time being kept installed by a water undertaker or sewerage undertaker on, under or over any land, any person with an interest in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe or apparatus on the ground that the alteration or removal of that pipe or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

(2) Subject to subsections (3) and (4) below, where a notice is served on a water undertaker or sewerage undertaker under subsection (1) above, it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.

(3) Nothing in this section shall require a water undertaker or sewerage undertaker to alter or remove any pipe or apparatus which is kept installed in, under or over any street.

(4) A water undertaker or sewerage undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under subsection (1) above that such security as the undertaker may reasonably require has been provided for the discharge of any obligation of that person under subsection (5) below.

(5) Where a water undertaker or sewerage undertaker carries out any works under this section by virtue of a notice having been served by any person under subsection (1) above, the undertaker shall be entitled to recover any expenses reasonably incurred in carrying out those works from that person.

(6) Where any sums have been deposited with a water undertaker or sewerage undertaker by way of security for the discharge of any obligation under subsection (5) above, the undertaker shall pay interest at such rate as may be determined either--

(a) by the undertaker with the approval of the Director; or

(b) in default of a determination under paragraph (a) above, by the Director,

on every sum of 50p so deposited for every three months during which it remains in the hands of the undertaker.

(7) An approval or determination by the Director for the purposes of subsection (6) above may be given or made in relation to a particular case or description of cases or generally and may be revoked at any time.

(8) The duty of a water undertaker or sewerage undertaker under this section shall be enforceable under section 20 above by the Director.

(9) In this section--

"improvement", in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water or the provision of sewerage services to any premises; and
"relevant pipe" has the same meaning as in Schedule 19 to this Act.

162 Complaints with respect to the exercise of works powers on private land

(1) Subject to subsection (2) below, it shall be the duty of the Director to investigate any complaint made or referred to him with respect to the exercise by a water undertaker or sewerage undertaker of any powers conferred on that undertaker by or by virtue of paragraph 4 of Schedule 19 to this Act.

(2) The Director shall not be required to investigate any such complaint as is mentioned in subsection (1) above if--

(a) the complaint appears to the Director to be vexatious or frivolous;

(b) the Director is not satisfied that the complaint has been brought by the complainant to the attention of the water undertaker or sewerage undertaker in question and that that undertaker has been given a reasonable opportunity of investigating and dealing with it; or

(c) the complaint was first made to the Director or the appropriate customer service committee more than twelve months, or such longer period as the Director may for special reasons allow, after the matters to which the complaint relates first came to the notice of the complainant.

(3) Where the Director, in pursuance of his duty under this section, investigates a complaint with respect to the exercise of any powers by a water undertaker or sewerage undertaker--

(a) it shall be the duty of that undertaker to provide the Director with all such information and assistance as he may reasonably require for the purposes of his investigation; and

(b) it shall be the duty of the Director, before giving any direction under subsection (4) below, to consider any representations made to him by the complainant or by that undertaker with respect to the subject-matter of the complaint.

(4) If on a complaint under subsection (1) above with respect to the exercise of any powers by a water undertaker or sewerage undertaker, the Director is satisfied that that undertaker--

(a) has failed adequately to consult the complainant, before and in the course of exercising those powers, about the manner in which they are exercised; or

(b) by acting unreasonably in the manner of its exercise of those powers, has caused the complainant to sustain loss or damage or to be subjected to inconvenience,

the Director may direct the undertaker to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience.

(5) The Director shall not under subsection (4) above direct a water undertaker or sewerage undertaker to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to him appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.

(6) For the purposes of this section it shall be the duty of every company holding an appointment under Chapter I of Part II of this Act as a water undertaker or sewerage undertaker--

(a) as soon as reasonably practicable after its appointment takes effect, to submit to the Secretary of State for his approval a code of practice with respect to its exercise of any powers conferred by or by virtue of paragraph 4 of Schedule 19 to this Act; and

(b) if required to do so by the Secretary of State at any subsequent time, to submit proposed modifications of that code to the Secretary of State for his approval.

(7) The Secretary of State, if he considers it appropriate to do so for the purpose of promoting what appear to him to be desirable practices with respect to the exercise by any company holding an appointment under Chapter I of Part II of this Act as a water undertaker or sewerage undertaker of any powers conferred by or by virtue of paragraph 4 of Schedule 19 to this Act, may at any time by order made by statutory instrument, in relation to that company--

(a) approve any code of practice with respect to the exercise of those powers which has been submitted to him (whether or not under subsection (6) above) by that company for his approval;

(b) approve any modifications of such a code which have been so submitted; or

(8) A contravention of a code of practice as for the time being approved under this section in relation to a company shall not affect the powers conferred on that company as a water undertaker or sewerage undertaker by Schedule 19 to this Act or of itself entitle any person to be paid any amount under subsection (4) above or give rise to any criminal or civil liability, but the Director shall take into account whether there has been any such contravention in determining whether to give a direction under that subsection to that company and in determining the amount to which any such direction relates.

(9) Except in the case of an order made before the transfer date or at any time in the period of three months beginning with that date, the Secretary of State shall not make an order under subsection (7) above unless he has first consulted all such persons as he considers it appropriate to consult.

(10) The duties of a water undertaker or sewerage undertaker under subsections (3)(a) and (6) above shall be enforceable under section 20 above--

(a) in the case of the duty subsection (3)(a) above, by the Director; and

(b) in the case of the duty under subsection (6) above, by the Secretary of State;

and any person to whom any amount is required, in pursuance of direction under subsection (4) above, to be paid by a water undertaker or sewerage undertaker shall be entitled to recover that amount from that undertaker by virtue of this section.

(11) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (4) above.

163 Saving for planning controls

Without prejudice to the operation of section 40 of the [1971 c. 78.] Town and Country Planning Act 1971 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act relates to the functions of the Authority or of any water undertaker or sewerage undertaker, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of the said Act of 1971) without the grant of such planning permission as may be required by that Act.

164 Application of certain powers etc. to local authorities

(1) For the purposes of the taking of any steps falling to be taken by a local authority by virtue of a designation under subsection (3)(a) of section 57 above the provisions of this Part shall have effect--

(a) as if the powers conferred by Schedule 19 to this Act and section 154 above on a water undertaker for the purpose of carrying out its functions were also conferred on a local authority for the purpose of ensuring that a supply of water provided by means of a private supply to any premises in the authority's area is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;

(b) as if any such power, so far as it is conferred on a water undertaker in relation to things belonging to or operated or used by the undertaker for the purposes of its functions, were conferred by virtue of paragraph (a) above on a local authority in relation to things belonging to or operated or used by that authority, or a relevant person, in connection with the provision of water by means of a private supply;

(c) as if references to a water undertaker in any provision of this Part of this Act relating to a power which is exercisable by a local authority by virtue of the preceding provisions of this subsection, except the references in section 162 above, included references to a local authority; and

(d) as if the making by any person in pursuance of a notice under section 57 above of any payment in respect of sums incurred in the laying of any pipe entitled that person, for the purposes of section 153(2) above, to an interest in the pipe.

(2) Where by virtue of this Act a local authority have power under Part VII of the [1972 c. 70.] Local Government Act 1972 (miscellaneous powers of a local authority) to acquire (whether compulsorily or otherwise) any land or right over land for the purpose of ensuring that private supplies of water to premises in their area are both wholesome and (so far as houses on those premises are concerned) sufficient for domestic purposes, that power shall include power to acquire land or rights over land in order, for that purpose, to dispose of the land or rights to a person who is a relevant person in relation to such a private supply.

(3) In this section--

"private supply" and "wholesome" have the same meanings as in Chapter II of Part II of this Act; and
"relevant person", in relation to a private supply, means a person who is a relevant person in relation to that supply for the purposes of section 57 above.

Records of underground works

165 Maps of water mains etc

(1) Subject to subsections (4) and (5) below, it shall be the duty of the Authority and of every water undertaker to keep records of the location of--

(a) every resource main, water main or discharge pipe which is for the time being vested in the Authority or, as the case may be, that undertaker; and

(b) any other underground works, other than a service pipe, which are for the time being vested in the Authority or, as the case may be, that undertaker.

(2) It shall be the duty of the Authority and of every water undertaker to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the Authority or, as the case may be, of the undertaker.

(3) Any information which is required under this section to be made available by the Authority or a water undertaker for inspection by the public shall be so made available in the form of a map.

(4) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(5) Nothing in this section shall require the Authority or a water undertaker, at any time within the period of ten years beginning with the transfer date, to keep records of--

(a) any pipe which was laid before that date; or

(b) any underground works which were completed before that date,

unless those particulars were shown, immediately before that date, on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the 1945 Act (maps of underground works).

(6) The reference in subsection (5) above to section 12 of Schedule 3 to the 1945 Act shall have effect, without prejudice to section 20(2) of the [1978 c. 30.] Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.

(7) The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

(8) In this section "resource main" and "discharge pipe" have the same meanings as in paragraph 1 of Schedule 19 to this Act.

166 Sewer maps

(1) Subject to subsections (6) and (7) below, it shall be the duty of every sewerage undertaker to keep records of the location and other relevant particulars--

(a) of every public sewer or disposal main which is vested in the undertaker;

(b) of every sewer in relation to which a declaration of vesting has been made, or is treated as having been made, by the undertaker under section 17 of the 1936 Act but has not taken effect; and

(c) of every drain or sewer to which an agreement to make such a declaration relates, being an agreement entered into, or treated as entered into, by the undertaker under section 18 of that Act.

(2) For the purposes of this section the relevant particulars of a drain, sewer or disposal main are (in addition to its location) particulars--

(a) of whether it is a drain, sewer or disposal main and of the descriptions of effluent for the conveyance of which it is or is to be used; and

(b) of whether it is vested in the undertaker or, if it is not, of whether it is a sewer in relation to which a declaration has been made under section 17 of the 1936 Act or a drain or sewer to which an agreement under section 18 of that Act relates;

and the records kept by a sewerage undertaker under this section shall be kept separately in relation to the area of each local authority within whose area there is any drain, sewer or disposal main of which that undertaker is required to keep records.

(3) It shall be the duty of every sewerage undertaker--

(a) so to provide local authorities, free of charge, with copies of the contents of records kept under this section, and with copies of any modifications of those records, as to ensure that every local authority to whose area any of those records relate are at all times informed of the contents for the time being of the records relating to their area; and

(b) to secure that the contents of all the records for the time being kept by the undertaker under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the undertaker.

(4) A local authority shall secure that so much of any information provided to them by virtue of subsection (3)(a) above as consists in the contents for the time being of records kept by a sewerage undertaker under this section is available, at all reasonable times, for inspection by the public free of charge at an office of the authority.

(5) Any information which is required under this section to be provided to a local authority or to be made available by a sewerage undertaker or local authority for inspection by the public shall be so provided or made available in the form of a map.

(6) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(7) Nothing in this section shall require a sewerage undertaker--

(a) to keep records of any particulars of a drain, sewer or disposal main laid before the transfer date if--

(i) the undertaker does not know of or have reasonable grounds for suspecting the existence of the drain, sewer or disposal main; or

(ii) it is not reasonably practicable for the undertaker to discover the course of the drain, sewer or disposal main and it has not done so;

(b) at any time within the period of ten years beginning with the transfer date, to keep records of any particulars of any other drain, sewer or disposal main laid before that date unless--

(i) those particulars were shown, immediately before that date, on a map kept by a local authority under section 32 of the 1936 Act (sewer maps); or

(ii) it is a drain or sewer in relation to which a declaration of vesting, or an agreement to make such a declaration, has been made under section 17 or 18 of the 1936 Act since the beginning of that period.

(8) The duties of a sewerage undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

(9) In this section--

"the 1936 Act" means the [1936 c. 49.] Public Health Act 1936;
"disposal main" has the same meaning as in paragraph 1 of Schedule 19 to this Act;
"local authority", in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

Offence of interference with works etc.

167 Offence of interference with works etc

(1) Subject to subsection (2) below, if any person without the consent of the Authority or water undertaker--

(a) intentionally or recklessly interferes with any resource main, water main or other pipe vested in the Authority or any water undertaker or with any structure, installation or apparatus belonging to the Authority or any water undertaker; or

(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person shall not be guilty of an offence under subsection (1) above--

(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or

(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises if--

(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and

(ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.

(3) Any person who without the consent of the Authority or water undertaker--

(a) attaches any pipe or apparatus--

(i) to any resource main, water main or other pipe vested in the Authority or a water undertaker; or

(ii) to any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;

(b) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

(c) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.

(5) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the Authority or, as the case may be, the water undertaker in question; and any such breach of duty which causes the Authority or that undertaker to sustain loss or damage shall be actionable at the suit of the Authority or that undertaker.

(6) The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.

(7) In this section--

"consumer" has the same meaning as in Chapter II of Part II of this Act; and
"resource main" has the same meaning as in paragraph 1 of Schedule 19 to this Act;

and the references in subsection (1) above to apparatus belonging to a water undertaker do not include references to any meter (within the meaning of Schedule 10 to this Act) which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have (within the meaning of that Schedule) been fixed by the undertaker by reference to volume.

Part V Provisions relating to Scotland

168 Water quality in Scotland

Schedule 22 to this Act shall have effect to make provision for Scotland in relation to the quality of water.

169 Control of water pollution in Scotland

Schedule 23 to this Act shall have effect to make provision for Scotland in relation to the control of pollution of water.

Part VI Miscellaneous and Supplemental

Directions in the interests of national security etc.

170 Directions in the interests of national security etc

(1) The Secretary of State may, after consultation with a body to which this section applies, give to that body such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or for the purpose of mitigating the effects of any civil emergency which may occur.

(2) If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with a body to which this section applies, give to that body a direction requiring it to do, or not to do, a particular thing specified in the direction.

(3) It shall be the duty of any body to which this section applies, notwithstanding any other duty imposed on it (whether or not by or under this Act), to comply with any direction given to it by the Secretary of State under this section; and the duty of a water undertaker or sewerage undertaker to comply with any such direction shall be enforceable under section 20 above by the Secretary of State.

(4) The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security .

(5) A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security.

(6) Any person who discloses any matter in contravention of subsection (5) above shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(7) The Secretary of State may, with the approval of the Treasury, make grants to bodies to which this section applies for the purpose of defraying or contributing towards any losses they may sustain by reason of compliance with directions given under this section in the interests of national security.

(8) Any sums required by the Secretary of State for making grants under subsection (7) above shall be paid out of money provided by Parliament.

(9) This section applies to the Authority, to every water undertaker and to every sewerage undertaker; and any reference in this section to a civil emergency is a reference to any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely in relation to any area--

(a) so to disrupt water supplies or sewerage services; or

(b) to involve such destruction of or damage to life or property in that area,

as seriously and adversely to affect all the inhabitants of that area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.

Power to give effect to international obligations

171 Power to give effect to international obligations

(1) The appropriate Minister may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty's Government in the United Kingdom to give effect--

(a) to any Community obligations; or

(b) to any international agreement to which the United Kingdom is for the time being a party.

(2) This section applies --

(a) to the provisions of Chapter II of Part II of this Act;

(b) to the provisions of Chapter I of Part III of this Act; and

(c) to the provisions of Chapter IV of Part III of this Act and of any enactment relating to the carrying out by the Authority of such of its functions as relate to fisheries.

(3) In this section "the appropriate Minister" --

(a) in relation to the provisions mentioned in subsection (2)(a) and (b) above, means the Secretary of State; and

(b) in relation to the provisions mentioned in subsection (2)(c) above, means the Minister or the Secretary of State.

Indemnities in respect of fluoridation

172 Indemnities in respect of fluoridation

(1) The Secretary of State may, with the consent of the Treasury, agree to indemnify any statutory water undertaker in respect of such of any of the following as he thinks fit, that is to say--

(a) liabilities incurred by the undertaker in connection with anything done by the undertaker for the purpose of increasing the fluoride content of any water supplied by the undertaker;

(b) costs or expenses which are incurred by the undertaker, or for which the undertaker is liable, in connection with any proceedings which have been or may be brought by any person with respect to--

(i) things done for the purpose of increasing the fluoride content of any water; or

(ii) a proposal to increase the fluoride content of any water;

(d) liabilities transferred to the undertaker in accordance with a scheme under Schedule 2 or 5 to this Act which, in relation to the person from whom they were transferred, were liabilities falling within paragraph (a) above or liabilities in respect of costs, expenses or other expenditure mentioned in sub-paragraph (b) or (c) above.

(2) In this section "statutory water undertaker" means--

(a) any water undertaker or, in relation to any time before the transfer date, any water authority or any statutory water company within the meaning of the 1973 Act; or

(b) any water authority within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980.

Payments to existing pension fund

173 Payments to existing pension fund

(1) Subject to subsection (3) below, the Secretary of State may, with the consent of the Treasury, make such payments into any fund maintained for the purposes of any regulations under section 7 of the [1972 c. 11.] Superannuation Act 1972, as he may consider appropriate in respect of the actual and prospective liabilities falling from time to time to be met out of that fund to or in respect of persons, or classes of persons, who--

(a) have ceased to be officers or employees of a water authority; or

(b) have ceased to be officers or employees of any person designated for the purposes of this paragraph by order made by the Secretary of State.

(2) The Secretary of State shall not make an order designating a person for the purposes of subsection (1)(b) above unless that person appears to him to be a person whose activities at any time before the transfer date consisted in, or were connected with, the carrying out of any function which is transferred by this Act or which corresponds to any such function or to any other function under this Act; and the power to make such an order shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3) It shall be the duty of the Secretary of State so to exercise the power conferred by subsection (1) above as to ensure that all such liabilities as are mentioned in that subsection are able to be met out of the fund out of which they fall to be met in accordance with any regulations under the said section 7.

(4) Any amount paid into any fund by the Secretary of State under this section shall be paid out of money provided by Parliament.

Information etc.

174 General restrictions on disclosure of information

(1) Subject to the following provisions of this section, no information with respect to any particular business which--

(a) has been obtained by virtue of any of the provisions of this Act; and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made--

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Minister, the Authority, the Director, the Monopolies Commission or a local authority of any of his, its or, as the case may be, their functions by virtue of this Act;

(b) for the purpose of facilitating the performance by a water undertaker or a sewerage undertaker of any of the duties imposed on it by or under this Act;

(c) in pursuance of any arrangements made by the Director under section 27(4) above or of any duty imposed by section 119(1) or (2) or 130(1)(a) or (2) above;

(d) for the purpose of facilitating the carrying out by--

(i) any Minister of the Crown;

(ii) the Director General of Fair Trading;

(iii) the Monopolies Commission;

(iv) the Director General of Telecommunications;

(v) the Civil Aviation Authority;

(vi) the Director General of Gas Supply;

(vii) the Director General of Electricity Supply; or

(viii) a local weights and measures authority in England and Wales,

of any of his, its or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;

(e) for the purpose of enabling or assisting the Secretary of State to exercise any powers conferred on him by the [1986 c. 60.] Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed by him under the enactments relating to companies to carry out his functions;

(f) for the purpose of enabling an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the [1986 c. 45.] Insolvency Act 1986 to carry out its functions as such;

(g) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(j) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below or of any arbitration under this Act; or

(k) in pursuance of a Community obligation.

(3) The enactments and instruments referred to in subsection (2) above are--

(a) the [1968 c. 29.] Trade Descriptions Act 1968;

(b) the [1973 c. 41.] Fair Trading Act 1973;

(d) the [1976 c. 34.] Restrictive Trade Practices Act 1976;

(e) the [1976 c. 53.] Resale Prices Act 1976;

(f) the [1979 c. 38.] Estate Agents Act 1979;

(g) the [1980 c. 21.] Competition Act 1980;

(h) the [1984 c. 12.] Telecommunications Act 1984;

(i) the [1986 c. 31.] Airports Act 1986;

(j) the [1986 c. 44.] Gas Act 1986;

(k) the [1987 c. 43.] Consumer Protection Act 1987;

(l) the Electricity Act 1989;

(m) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

(4) Nothing in subsection (1) above shall be construed--

(a) as limiting the matters which may be published under section 34 above or may be included in, or made public as part of, a report of the Authority, the Director, a customer service committee or the Monopolies Commission under any provision of this Act; or

(b) as applying to any information which has been so published or has been made public as part of such a report or to any information exclusively of a statistical nature.

(5) Any person who discloses any information in contravention of this section shall be guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

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