Water Act 1989 (c. 15)

(The document as of February, 2008)

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(5) The power of the Secretary of State to make a determination or give a direction under sub-paragraph (3) or (4) above shall be exercisable generally in relation to applications of any such description as he may consider appropriate (as well as in relation to a particular application) and, in the case of a direction to give a temporary consent or to make a temporary modification, shall include--

(a) power to require a temporary consent to be given either unconditionally or subject to such conditions falling within paragraph 2(3) of Schedule 12 to this Act as may be specified in the direction;

(b) power, where the direction relates to a description of applications, to require the temporary consent given in pursuance of the direction to be a general consent relating to cases of such a description as may be so specified; and

(c) power, where the direction is in respect of an application falling to be considered by the Authority, to require the consent or modification to be given or made so as to continue to have effect until the Authority's determination on the application becomes final--

(i) on the expiration, without the bringing of an appeal against the determination, of the prescribed period for the bringing of such an appeal; or

(ii) on the withdrawal or determination of any such appeal;

(6) Where any consent has been given or deemed to have been given by virtue of any provision of the 1974 Act as modified by any regulations made under section 55 of that Act and is in force immediately before the transfer date, that consent shall have effect on and after that date as if it had been given under the provision of Schedule 12 to this Act corresponding to the provision modified by those regulations, but shall so have effect--

(a) in relation to discharges, deposits and other things done by a successor company or by the Authority, only so far as necessary for the purposes of, or in connection with, the transfer to that company or, as the case may be, the Authority in accordance with a scheme under Schedule 2 to this Act of rights and liabilities in respect of the consent; and

(b) in relation to the Authority, subject to any regulations under section 113(2) of this Act.

(7) Where the rights and liabilities in respect of any such consent are transferred to a water authority's successor company in accordance with a scheme under Schedule 2 to this Act and the conditions of that consent include one or more of the following, that is to say--

(a) a condition that requires that authority to take samples of any matter discharged;

(b) a condition that requires that authority to furnish any person with information about samples taken by that authority; or

(c) a condition that is contravened where there is a failure by more than a specified number of samples taken by that authority to satisfy specified requirements,

then any such condition as is mentioned in paragraph (a) or (b) above shall cease to have effect on the transfer date and any such condition as is mentioned in paragraph (c) above shall have effect on and after that date as if any samples taken on behalf of the Authority in exercise, at any time on or after that date, of a power conferred by this Act, but no other samples, were the samples falling to be taken into account for the purposes of that condition.

Byelaws

26 (1) The Secretary of State may by order provide that any byelaws specified in the order which were made by virtue of section 5(1)(c) of the [1951 c. 64.] Rivers (Prevention of Pollution) Act 1951 (keeping on streams and other waters of vessels provided with sanitary appliances) and are in force immediately before the transfer date shall have effect, on and after that date, with such modifications (if any) as are so specified, as if made by the Authority under section 114 of this Act.

(2) The power to make an order under sub-paragraph (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Appeals

27 Where before the transfer date any matter has been referred to the Secretary of State under section 39 of the 1974 Act (appeals) and has not been determined by him before that date, the reference of that matter shall have effect on and after that date as an appeal to him under paragraph 8 of Schedule 12 to this Act.

Supplemental

28 (1) In this Part "the 1974 Act" means the [1974 c. 40.] Control of Pollution Act 1974.

(2) Sections 123 and 124 of this Act shall apply in relation to this Part of this Schedule as they apply in relation to Chapter I of Part III of this Act.

Part IV Water Resources

General transitional provision

29 (1) Without prejudice to paragraph 23(3) of Schedule 13 to this Act, any licence granted, notice given or other thing done by or in relation to a water authority under any provision of the 1963 Act, being a provision which continues in force after the transfer date, shall have effect on and after that date, in so far as the licence, notice or other thing is in force or effective immediately before that date--

(a) so far as necessary for the purposes of, or in connection with, the allocation to the water authority's successor company by a scheme under Schedule 2 to this Act of any rights or liabilities which have arisen or might arise under that Act, as if it had been granted, given or done by or in relation to that company; and

(b) subject to paragraph (a) above, as if it had been granted, given or done by or in relation to the Authority.

(2) Without prejudice to the generality of sub-paragraph (1) above, any subordinate legislation made under the 1963 Act which is in force immediately before the transfer date and has effect in relation to a water authority shall, subject to the provisions of that Act and any necessary modifications, have effect on and after that date in relation to the Authority as it had effect immediately before that date in relation to that water authority.

(3) Where--

(a) an application for a licence under the 1963 Act has been made before the transfer date to the Secretary of State by a water authority in pursuance of any regulations under section 52 of that Act (modification of Act in the case of water authority abstractions etc.); and

(b) that application is pending on that date and is an application the rights and liabilities in respect of which are allocated by a scheme under Schedule 2 to this Act to the water authority's successor company,

the Secretary of State shall refer that application to the Authority to be determined on or after that date as if it were an application made to the Authority under that Act and may direct, in relation to such an application, that specified requirements of that Act with respect to procedure and publicity are not to apply, or are to be deemed to have been complied with if the requirements set out in the direction are complied with.

(4) Subject to sub-paragraph (1) above, a licence of right, within the meaning of the 1963 Act, which is in force under that Act immediately before the transfer date shall continue in force under that Act on and after that date notwithstanding the repeals made by this Act.

Section 24(2) and (3) of the 1963 Act

30 (1) Subject to the following provisions of this paragraph, where a person--

(a) has, in pursuance of section 24(2) or (3) of the 1963 Act, abstracted water from a source of supply at any time within the period of five years ending with the transfer date; and

(b) establishes to the reasonable satisfaction of the Authority, on an application made at any time before the coming into force of the amendment made by sub-paragraph (3) or (4) of paragraph 6 of Schedule 13 to this Act, that his requirements involve such abstractions of water after the coming into force of that amendment from that source of supply as are required to be licensed under that Act by reason only of that amendment,

that person shall be entitled to the grant by the Authority of such a licence under the 1963 Act as will authorise those abstractions.

(2) Subject to the following provisions of this paragraph, any quantity specified in a licence granted by virtue of this paragraph as a quantity of water authorised to be abstracted in pursuance of the licence during a period or periods so specified shall be determined by reference to the requirements of the applicant.

(3) For the purposes of sub-paragraphs (1) and (2) above the requirements of an applicant for the grant by virtue of this paragraph of a licence under the 1963 Act shall be those indicated by (and shall not, except by virtue of sub-paragraph (4) below, be taken to exceed) the quantities of water established to the reasonable satisfaction of the Authority--

(a) to have been abstracted, in pursuance of section 24(2) or (3) of the 1963 Act, from the source of supply in question by the applicant, or any of his predecessors, from time to time during the relevant period; and

(b) to have been so abstracted for use on the land on which, and for the purposes for which, water abstracted in pursuance of the licence is authorised by the licence to be used.

(4) In determining any person's requirements for the purposes of sub-paragraph (1) or (2) above or the period or other terms to be specified in a licence granted by virtue of this paragraph the Authority shall have regard to such of the following matters as are established to its reasonable satisfaction (in addition to the quantities of water established to have been abstracted as mentioned in sub-paragraph (3) above), that is to say--

(a) the provisions of any local statutory provision or agreement in accordance with which those quantities of water have been abstracted as so mentioned during the relevant period;

(b) any variations according to the seasons of the year in the quantities of water abstracted as so mentioned during the relevant period;

(c) the extent to which the abstraction of water has been or would have been limited during the relevant period to special occasions when, by reason of accident or other emergency, there was a temporary deficiency of water from other sources of supply;

(d) the extent to which works, machinery or apparatus were reasonably provided by the applicant or any of his predecessors in anticipation of future requirements.

(5) Any provision made by a licence granted by virtue of this paragraph as to the quantity of water authorised to be abstracted shall be such as will not permit the abstraction of water in excess of the quantity established to the reasonable satisfaction of the Authority to be capable of being abstracted by means of works, machinery or apparatus which--

(a) were constructed or installed before the transfer date; or

(b) were in the course of being constructed or installed on that date,

not being (in either case) works, machinery or apparatus provided for use only in the event of an accident or other emergency involving a total or partial failure of other works, machinery or apparatus.

(6) Nothing in--

(a) sections 27 to 29 or 38 of the 1963 Act (applications for licences);

(b) any regulations under section 54(3) of that Act (applications in respect of National Parks); or

shall apply in relation to an application for the grant of a licence by virtue of this paragraph; but, save as aforesaid and subject to the following provisions of this Part of this Schedule, that Act shall have effect as if such an application were an application under that Act.

(7) The preceding provisions of this paragraph, and not section 41(5) of the 1963 Act (procedure on appeal to the Secretary of State), shall apply, as they apply in relation to an application to the Authority for the grant of a licence by virtue of this paragraph, in relation to an appeal under section 39 of that Act in respect of a decision on such an application; but in their application in relation to any such appeal the preceding provisions of this paragraph shall have effect as if in those provisions--

(a) references to the Authority were references to the Secretary of State; and

(b) the requirement in sub-paragraph (1)(b) above as to the period within which an application must be made applied to the application the decision on which is the subject-matter of the appeal (rather than to the appeal itself).

(8) Nothing in--

(a) section 46(3) of the 1963 Act (compensation for revocation or variation confined to work carried out after grant of licence); or

(b) section 47 of that Act (application by owner of fishing rights for revocation or variation of licence),

shall apply in relation to a licence granted by virtue of this paragraph; but, save as aforesaid and subject to sub-paragraphs (6) and (7) above and the following provisions of this Part of this Schedule, that Act shall apply in relation to any such licence as it applies in relation to any other licence under that Act.

(9) For the purposes of this paragraph water abstracted by the former incumbent of a benefice (within the meaning of section 132 of the 1963 Act) shall be treated as having been abstracted by the person who is for the time being the incumbent thereof or, if the benefice is vacant, by the Church Commissioners.

(10) No application for the grant of a licence by virtue of this paragraph shall be made in respect of any abstraction which is the subject of such a contract of sale as is mentioned in paragraph 31 below; and no licence may be granted by virtue of this paragraph in relation to any waters to which section 131 of the 1963 Act (waters owned or managed by the British Waterways Board) applies unless--

(a) the application for the licence was accompanied by the prescribed evidence that notice of the application was served on the British Waterways Board; and

(b) the Authority has considered any representations or objections made by that Board within the period of twenty-eight days beginning with the day on which the application was made or such longer period as the Authority may allow.

Waters owned or managed by the British Waterways Board

31 (1) Where the British Waterways Board establishes to the reasonable satisfaction of the Authority, on an application made before the coming into force of the amendment made by sub-paragraph (3) of paragraph 6 of Schedule 13 to this Act--

(a) that a contract for the sale of water by that Board to any other person has been entered into at any time before the coming into force of that amendment; and

(b) that that contract requires or authorises such an abstraction of any water from any inland water to which section 131 of the 1963 Act (inland waters owned or managed by the British Waterways Board) applies as is required to be licensed under that Act by reason only of that amendment,

that Board shall be entitled to the grant by the Authority of such a licence under the 1963 Act as will authorise the abstraction required or authorised by that contract.

(2) Nothing in--

(a) sections 27 to 29 or 38 of the 1963 Act (applications for licences); or

(b) any regulations under section 54(3) of that Act (applications in respect of National Parks),

(3) The preceding provisions of this paragraph, and not section 41(5) of the 1963 Act (procedure on appeal to the Secretary of State), shall apply, as they apply in relation to an application to the Authority for the grant of a licence by virtue of this paragraph, in relation to an appeal under section 39 of that Act in respect of a decision on such an application; but in their application in relation to any such appeal the preceding provisions of this paragraph shall have effect as if in those provisions--

(a) references to the Authority were references to the Secretary of State; and

(b) the requirement in sub-paragraph (1) above as to the period within which an application must be made applied to the application the decision on which is the subject-matter of the appeal (rather than to the appeal itself).

(4) Nothing in--

(a) section 46(3) of the 1963 Act (compensation for revocation or variation confined to work carried out after grant of licence); or

(b) section 47 of that Act (application by owner of fishing rights for revocation or variation of licence),

shall apply in relation to a licence under that Act granted by virtue of this paragraph; but, save as aforesaid and subject to sub-paragraphs (2) and (3) above and the following provisions of this Part of this Schedule, that Act shall apply in relation to any such licence as it applies in relation to any other licence under that Act.

Transitional provision in respect of licences under paragraph 30 or 31

32 (1) Where an application for the grant of a licence by virtue of paragraph 30 or 31 above is made before the end of the period within which such an application is required to be made under that paragraph, then--

(a) sections 23, 26, 31 and 49 of the 1963 Act and Part II of the [1965 c. 36.] Gas Act 1965 shall have effect, until the application is disposed of, as if the licence had been granted on the date of the application and the provisions of the licence had been in accordance with the proposals contained in the application; and

(b) for the purposes of those sections and Part II of the said Act of 1965 any licence granted on the application shall be treated as not having effect until the application has been disposed of.

(2) Subsection (1) of section 31 of the 1963 Act (effect of licence) shall not afford any defence to an action brought before the end of the period of three years beginning with the transfer date if the licence referred to in that subsection is a licence granted by virtue of paragraph 30 or 31 above; and that subsection as applied by sub-paragraph (1) above shall not afford any defence to such an action.

(3) No compensation shall be payable under section 46 of the 1963 Act (compensation for revocation or variation of a licence) in respect of the revocation or variation of a licence granted by virtue of paragraph 30 or 31 above if the revocation or variation is for giving effect to the decision of the court in an action in respect of which sub-paragraph (2) above has effect or in any proceedings in consequence of such an action.

(4) For the purposes of this paragraph an application for the grant of a licence by virtue of paragraph 30 or 31 above shall be taken to be disposed of on (but not before) the occurrence of whichever of the following events last occurs, that is to say--

(a) the grant, on the determination of the application by the Authority, of a licence the provisions of which are in accordance with the proposals contained in the application;

(b) the expiry, without a notice of appeal having been given, of the period (if any) within which the applicant is entitled to give notice of appeal against the decision on the application;

(d) the grant, variation or revocation, in compliance with a direction given by the Secretary of State in consequence of such an appeal, of a licence under the 1963 Act;

and in this sub-paragraph any reference to a decision includes a reference to a decision which is to be treated as having been made by virtue of section 40 of that Act (appeal in default of decision).

Actions against the Authority in respect of rights protected by licences under paragraph 30 or 31

33 (1) Section 50(2) of the 1963 Act (action against the Authority where Authority acts on direction of the Secretary of State) shall not apply to a direction given in consequence of an appeal against the decision of the Authority on an application for the grant of a licence under that Act by virtue of paragraph 30 or 31 above.

(2) Where the plaintiff in any action brought against the Authority at any time after the transfer date in pursuance of section 50(1) of the 1963 Act (action in respect of licences derogating from protected rights) is entitled to a protected right under the 1963 Act by reason only that he is the holder of a licence granted by virtue of paragraph 30 or 31 above or has applied for a licence to be so granted, it shall be a defence for the Authority to show--

(a) that the plaintiff could have carried out permissible alterations in the means whereby he abstracted water from the source of supply in question; and

(b) that, if he had carried out such alterations, the abstraction (or, as the case may be, the obstruction or impeding of the flow of the inland water) authorised by the licence to which the action relates would not have derogated from his protected right under that Act.

(3) In sub-paragraph (2) above "permissible alterations"--

(a) in relation to a person who is the holder of a licence granted by virtue of paragraph 30 or 31 above, means any alteration of works, or modification of machinery or apparatus, which would fulfil the requirements of the licence as to the means whereby water is authorised to be abstracted;

(b) in relation to a person who is not the holder of such a licence but has applied for one as being entitled to it by virtue of that paragraph, means any alteration of the works, or modification of the machinery or apparatus, by means of which he abstracted water from the source of supply in question during the period of five years ending with the transfer date, being an alteration or modification which would be within the scope of the licence if granted in accordance with the application.

Saving for the Drought Act 1976

34 The repeal by this Act of the [1976 c. 44.] Drought Act 1976 shall not affect--

(a) any order under that Act which is in force immediately before the transfer date;

(b) any power to make an order under that Act on an application (whether made before, on or after that date) of which notice was given before that date; or

but, in relation to any time on or after that date, that Act and anything done under it shall have effect by virtue of this paragraph as if references to a water authority were references to the successor company of that water authority.

Interpretation of Part IV

35 (1) In this Part of this Schedule--

"the 1963 Act" means the [1963 c. 38.] Water Resources Act 1963;
"contract for the sale of water", in relation to the British Waterways Board, includes any arrangements by virtue of which the Board, for valuable consideration, abstracts or authorises the abstraction of water from any inland water for use by some other person, whether or not the water is returned after use;
"the relevant period", in relation to an application or appeal by virtue of paragraph 30 above, means whichever is the shorter of--
(a)
the period of five years ending with the transfer date; and
(b)
the period beginning with the date on which the applicant or any of his predecessors began to abstract water from the source of supply in question and ending with the transfer date.

(2) Expressions used in this Part of this Schedule and in the 1963 Act have the same meanings in this Part as in that Act.

Part V Flood Defence

General

36 (1) Without prejudice to paragraph 1(3) of Schedule 15 to this Act, any scheme made, precept issued, resolution passed, notice given or other thing done by or in relation to--

(a) a water authority;

(b) the regional land drainage committee for any area; or

under any provision of the 1976 Act, being a provision which continues in force after the transfer date, shall have effect on and after that date, in so far as the scheme, precept, resolution, notice or other thing is in force or effective immediately before that date, as if it had been made, issued, passed, given or done by or in relation to the Authority or, as the case may be, the regional flood defence committee for that area or the local flood defence committee for that district.

(2) Without prejudice to the generality of sub-paragraph (1) above, any subordinate legislation made under the 1976 Act which is in force immediately before the transfer date and has effect in relation to a water authority shall, subject to the provisions of that Act and any necessary modifications, have effect on and after that date in relation to the Authority as it had effect immediately before that date in relation to that water authority.

Precepts

37 In relation to any time before 31st March 1990, the reference in section 136(4) of this Act to levies (within the meaning of the [1988 c. 41.] Local Government Finance Act 1988) shall include a reference to precepts.

Main river maps

38 Any map which, immediately before the transfer date, is or is deemed to be the main river map for the purposes of the 1976 Act in relation to any water authority area shall have effect on and after that date as the main river map for the purposes of that Act in relation to that area in so far as it is, on and after that date, the area of a regional flood defence committee.

Interpretation of Part V

39 In this Part of this Schedule "the 1976 Act" means the [1976 c. 70.] Land Drainage Act 1976.

Part VI Fisheries

40 (1) Subject to the following provisions of this paragraph, any byelaw or appointment made, permission given, licence granted or other thing done by a water authority which--

(a) is made, given, granted or done under any enactment or subordinate legislation which relates to the functions of the authority relating to fisheries; and

(b) is in force or effective immediately before the transfer date,

shall have effect on and after that date as if it were made, given, granted or done by the Authority.

(2) On and after the transfer date an advisory committee established by a water authority under paragraph (b) of subsection (1) of section 28 of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 (general powers and duties) shall be treated as if it had been established by the Authority, and the area by reference to which that committee was established had been determined by the Authority, in accordance with section 141 of this Act.

(3) Where an application for an order under subsection (3) of section 28 of the Salmon and Freshwater Fisheries Act 1975 has been made before the transfer date and no order has been made on that application before that date, then on and after that date--

(a) that application shall be treated for the purposes of that subsection as if it had been made by the Authority; and

(b) the requirements of paragraph 7 of Schedule 3 to that Act shall be deemed to have been complied with in relation to that application if the provisions of that paragraph, as it had effect before the transfer date, had been complied with before that date;

and nothing in paragraph 7(7) or (14) of Schedule 17 to this Act shall affect the validity or effect of any order under that subsection which is in force immediately before the transfer date.

(4) Nothing in this Act shall be construed as preventing so much of any order under section 28(3) of the Salmon and Freshwater Fisheries Act 1975 or of any licence under Part I of Schedule 3 to that Act as--

(a) is in force immediately before the transfer date; and

(b) has the effect for the purposes of section 6 of that Act (prohibition on placing and use of unauthorised fixed engines) of authorising the placing or use of any fixed engine,

from continuing to have that effect on and after that date.

Part VII Compulsory Purchase and Works Powers

Compulsory purchase orders and works orders

41 (1) Where--

(a) any compulsory purchase order made by virtue of any enactment repealed by this Act;

(b) any order made under section 23 of the 1945 Act, section 67 of the [1963 c. 38.] Water Resources Act 1963 or section 1 of the [1971 c. 34.] Water Resources Act 1971 (compulsory works orders etc.); or

is in force or effective immediately before the transfer date, then, notwithstanding any repeal made by this Act, that order or resolution, and any enactment repealed by this Act in so far as it relates to that order or resolution, shall continue to have effect on and after that date, as they had effect before that date, subject to such modifications as are necessary for the purposes of sub-paragraph (4) below.

(2) Any application for an order under the said section 23, section 67 or section 1 which is pending immediately before the transfer date shall have effect on and after that date, subject to any such modifications, as an application for an order under section 155 of this Act.

(3) Any notice served or published or other thing done before the transfer date for the purposes of any enactment repealed by this Act, so far as it related to any such application as is mentioned in sub-paragraph (2) above, shall, accordingly, have effect on and after that date as if served, published or done for the purposes of the corresponding enactment contained in this Act.

(4) In so far as the provisions of a scheme under Schedule 2 to this Act allocate a water authority's rights or liabilities in relation to any order or application saved by sub-paragraph (1) or (2) above to any person, that person shall, on and after the transfer date, stand in the place of that water authority for the purposes of the provision made by that sub-paragraph.

(5) On and after the transfer date, any obligation of a water authority by virtue of section 20(5) of the 1973 Act (obligation to provide recreational facilities etc.) which, in accordance with this paragraph and a scheme under Schedule 2 to this Act, becomes an obligation of a water undertaker shall be enforceable under section 20 of this Act by the Secretary of State.

Notices, consents and arbitrations for the purposes of works

42 Where before the transfer date any water authority was proposing to carry out, or was carrying out, any works and the Authority or any water undertaker or sewerage undertaker proposes to carry out or to continue to carry out those works on or after that date--

(a) any notice of an intention to carry out the works which had been served on any person before that date and any other notice served in connection with the carrying out of those works on the person proposing to carry out the works or on any other person;

(b) any consent given before that date for the purposes of those works; and

(c) any determination made before that date by any arbitration in relation to those works and any step taken for the purposes of any such arbitration,

shall have effect on and after that date as if it had been served, given, made or taken for the purposes of the carrying out of those works by the Authority or, as the case may be, that undertaker in accordance with any power conferred by this Act and, in the case of a notice served by or on a water authority, as if it had been served by or on the Authority or, as the case may be, that undertaker.

Section 34 of the 1945 Act

43 (1) Nothing in paragraph 9 of Schedule 19 to this Act shall require any consent to be obtained, or any notice to be served, in respect of any discharge on or after the transfer date if the requirements of section 34 of the 1945 Act (temporary discharges into watercourses) in relation to that discharge had been satisfied before that date.

(2) Where any register has been kept by a water authority under the said section 34 of the 1945 Act, any name and address which immediately before the transfer date is entered in that register in respect of any premises abutting on a watercourse shall be deemed on and after that date to be entered in any register which is required under paragraph 9 of Schedule 19 to this Act to be kept by the Authority or by any water undertaker--

(a) whose area includes the whole or any part of that watercourse; or

(b) whose pipes and other works include a pipe, reservoir, well, borehole or other work which is within three miles of that watercourse.

Authority under section 8 of the Water Act 1948

44 (1) Subject to sub-paragraph (2) below, any authority in force and effective immediately before the transfer date under section 8 of the [1948 c. 22.] Water Act 1948 (power to survey and to search for water on land proposed to be purchased) and any notice given for the purposes of that section shall have effect on and after that date as an authorisation or notice given for the purposes of section 156 of this Act.

(2) In so far as the provisions of a scheme under Schedule 2 to this Act allocate to any person a water authority's rights and liabilities in relation to any authority given under the said section 8, that person shall, on and after the transfer date, stand in the place of that water authority for the purposes of any authority having effect by virtue of sub-paragraph (1) above.

Mines etc.

45 (1) Any notice given in relation to any mines or minerals for the purposes of any provision of Part IV of Schedule 3 to the 1945 Act which is effective immediately before the transfer date shall have effect on and after that date as if given for the purposes of any corresponding provision of Schedule 21 to this Act to the relevant body under part of whose undertaking those mines or minerals are situated.

(2) Where before the transfer date any water authority or statutory water company have for the purposes of section 14(2) of Schedule 3 to the 1945 Act stated their willingness to treat with any person for the payment of compensation, that person shall be deemed on and after that date to have been served with a notice in accordance with paragraph 2(3)(c) of Schedule 21 to this Act for the purposes of the application of that Schedule in relation to any notice having effect in accordance with sub-paragraph (1) above.

(3) In this paragraph "relevant body" and "undertaking" have the same meanings as in the said Schedule 21.

The Public Health Act 1875 (Support of Sewers) Amendment Act 1883 (c. 37)

46 (1) The repeal by this Act of Part IV of Schedule 3 to the 1945 Act (minerals underlying waterworks) shall not affect the operation of that Part, as incorporated, by virtue of the Public Health Act 1875 (Support of Sewers) Amendment Act 1883, in any enactment or order making provision in relation to any sanitary work of a local authority.

(2) In this paragraph "local authority" and "sanitary work" have the same meanings as in the said Act of 1883.

Maps of sewers etc.

47 Where immediately before the transfer date a local authority keep a map deposited at their offices under section 32 of the [1936 c. 49.] Public Health Act 1936 (sewer maps), it shall be the duty of that authority--

(a) to provide a copy of that map to every sewerage undertaker which is required, by virtue of the coming into force on that date of an appointment under Chapter I of Part II of this Act, to include information shown on the map in records to be kept by that undertaker under section 166 of this Act; and

(b) themselves to keep a copy of that map until they have performed the duty imposed by paragraph (a) above.

Part VIII Miscellaneous and General

Notifications by Nature Conservancy Council etc.

48 Anything which has been done by or in relation to a water authority under or for the purposes of any provision of section 22 of the 1973 Act (duties with regard to nature, conservation and amenity) and is effective immediately before the transfer date shall have effect on and after that date--

(a) as if it had been done by or in relation to both the Authority and every company whose appointment under Chapter I of Part II of this Act as the water undertaker or sewerage undertaker for the whole or any part of the water authority's area comes into force on the transfer date; and

(b) as if it had been so done under or for the purposes of the corresponding provision of section 8 or 9 of this Act.

Recreational activities

49 The repeal by this Act of subsections (2) to (5) of section 22 of the [1968 c. 41.] Countryside Act 1968 and of subsections (1) and (3) of section 20 of the 1973 Act (powers with respect to recreation) shall not be construed as affecting the power--

(a) of the Authority; or

(b) of any water authority's successor company or of any statutory water company,

to continue, subject to any transfer in accordance with a scheme under Schedule 2 to this Act of any rights or liabilities which have arisen or might arise under any of those subsections, to do anything on and after the transfer date, in accordance with any powers conferred by virtue of section 8 or 157 of this Act or otherwise by virtue of this Act, which a water authority or statutory water company were doing under any of those subsections immediately before the transfer date.

Overseas activities

50 Any consent given to a water authority for the purposes of section 5 of the [1983 c. 23.] Water Act 1983 (overseas activities) and effective immediately before the transfer date shall have effect on and after that date as a consent given to the Authority under section 144 of this Act.

Arrangements with local authorities

51 Where any arrangements made by virtue of section 7 of the 1973 Act between a local authority and a water authority are in force immediately before the transfer date, then, subject to any transfer in accordance with a scheme under Schedule 2 to this Act of any rights or liabilities under those arrangements, those arrangements shall continue to have effect on and after that date notwithstanding the repeal by this Act of that section; and, accordingly, a local authority shall have all such powers on and after that date for giving effect to any such arrangements as they would have had by virtue of that section.

(2) In this paragraph "local authority" has the same meaning as in section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970.

Treasury guarantees

52 The repeal by this Act of paragraph 36 of Schedule 3 to the 1973 Act (Treasury guarantees of water authority liabilities) shall have effect subject, in the case of a guarantee given before that date, to the application on and after that date in relation to that guarantee (with such modifications as are necessary in consequence of any transfer in accordance with a scheme under Schedule 2 to this Act of any liability to which the guarantee applies) of sub-paragraphs (2) to (5) of that paragraph.

Enactments applying particular provisions of Schedule 3 to the 1945 Act

53 The repeals made by this Act shall not affect the operation of the following enactments (each of which applies provisions of Schedule 3 to the 1945 Act), namely--

(a) sections 12(7) and 14(5) of the [1974 c. 40.] Control of Pollution Act 1974; and

(b) sections 11(5) and 12(2) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976.

Local statutory provisions

54 (1) Where any order made under the 1945 Act has effect immediately before the transfer date in relation to a statutory water company or water authority as a local statutory provision, the repeal by this Act of the power under which that order was made and the repeal of any provision of Part V of that Act shall not, subject to sub-paragraph (2) below, affect the operation on and after that date of that order or, in relation to that order, of that Part.

(2) Any order which has effect by virtue of sub-paragraph (1) above shall so have effect as if any reference in that order to a particular water authority were a reference to that authority's successor company; and nothing in that sub-paragraph shall affect the exercise in relation to such an order of the power conferred by section 191 of this Act or prejudice the effect, in relation to any such order of--

(a) any repeal by this Act of provisions of Schedule 3 to the 1945 Act applied (with or without modifications) by that order;

(b) any saving made by the preceding provisions of this Schedule in relation to any such repeal; or

(c) in the case of an order making such provision as is mentioned in section 23(1)(c) of that Act or applying, or making provision corresponding to, any of sections 74 to 77 of Schedule 3 to that Act, the provisions of Chapter VI of Part II of this Act.

(3) Without prejudice to any amendment made by or under this Act, the repeal by this Act of subsection (2) of section 6 of the [1988 c. 15.] Public Utility Transfers and Water Charges Act 1988 shall not affect any modification made before the transfer date by an order made before that date under that subsection.

The Town and Country Planning Act 1959 (c. 53)

55 The repeal by this Act of paragraphs 6 and 10 to 12 of Part I of Schedule 4 to the Town and Country Planning Act 1959 shall not affect the operation on and after the transfer date of any enactment in relation to which Part II of that Act has effect and which confers powers on any internal drainage board or any joint board or joint committee.

Transitory provision relating to rating

56 (1) In relation to the period beginning with the transfer date and ending with 31st March 1990, the provisions of section 31 of and Schedule 4 to the Rate Act 1967 (valuation of water hereditaments) shall have effect--

(a) as if references in those provisions to any statutory water undertakers or to their undertaking included references to a water undertaker or to the undertaking of a water undertaker;

(b) as if the successor company of a water authority were the same person in law as the water authority; and

(i) is occupied on and after that date by the Authority; and

(ii) was occupied, immediately before that date, by a water authority for the purposes of their functions with respect to the supply of water,

were a water hereditament occupied by that water authority's successor company for the purposes of the company's functions (as a water undertaker) with respect to the supply of water.

(2) Where any hereditament allocated to the Authority by a scheme under Schedule 2 to this Act will fall on and after the transfer date to be treated for the purposes of the provisions mentioned in sub-paragraph (1) above as occupied by a successor company, that scheme may require the Authority to make payments to the successor company, of such amounts and at such times as may be determined in accordance with the scheme, by way of contributions in respect of any liability of the successor company in consequence of those provisions.

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