Water Act 1983

SCHEDULES

SCHEDULE 1 E+W . . . F1

Textual Amendments

F1 Schs. 1, 3 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Section 3(3)

SCHEDULE 2 U.K. Provisions Relating to Dissolution of National Water Council and Water Space Amenity Commission

Part I U.K. National Water Council

General duty of Council U.K.

1 U.K. It shall be the duty of the Council to give to the Secretary of State all such information, to prepare all such documents and to do all such other things, as appear to him to be necessary or expedient for facilitating the carrying into effect of section 3 of this Act and this Schedule and for enabling him to exercise any function conferred or imposed on him by, or by virtue of, that section or this Schedule.

Final accounts and reports U.K.

2 (1) The Council shall (if they have not done so before the appointed day)— U.K.

(a) comply with paragraph 38 of Schedule 3 to the principle Act (statement of accounts) in relation to the last accounting year before the appointed day, and

(b) comply with paragraph 40 of that Schedule (annual reports) in relation to that year,

and shall also comply with those paragraphs in respect of the interval (if any) between the end of that accounting year and the appointed day, that interval being treated for the purposes of those paragraphs and of paragraphs 39 to 39G of Schedule 3 as an accounting year in relation to the Council.

(2) The Secretary of State shall lay before each House of Parliament a copy of—

(a) any statement of accounts, and any report, sent to him by the Council in compliance with this paragraph, and

(b) any report made by the auditors on the statement or on the accounts to which it relates.

Continuance of Council until residual functions completed to Secretary of State’s satisfaction U.K.

3 (1) No amendment or repeal made by this Act shall affect— U.K.

(a) the continuance of the Council for the purposes of paragraphs 1 or 2 above or their powers and duties under those paragraphs, or

(b) the continued operation for those purposes of the provisions of the principal Act relating to the constitution and proceedings of the Council.

(2) The Council shall cease to exist when the Secretary of State, being satisfied that their duties under paragraphs 1 and 2 above have been discharged, so directs by order.

(3) Section 3(1) of this Act does not affect the continuance of employment with the Council, but on the Council ceasing to exist—

(a) any contract of employment with the Council then in force shall cease to have effect, except as regards rights previously accrued and liabilities previously incurred, and

(b) subject to any provision made under paragraph 6(1)(b) or 8(1) below, any rights and liabilities of the Council then existing shall by virtue of this paragraph become rights and liabilities of the Secretary of State.

(4) The Secretary of State shall pay to the appointed members of the Council (within the meaning of paragraph 27(2) of Schedule 3 to the principal Act), in respect of the period beginning with the appointed day and ending with the Council ceasing to exist, such remuneration (whether by way of salary or fees) and such allowances as, with the approval of the Treasury, he may determine.

(5) The Secretary of State shall, as soon as possible after determining the amount of any remuneration or allowances payable under subparagraph (4) above, lay a statement of his determination before each House of Parliament.

(6) As from the appointed day, the Secretary of State shall make available to the Council such facilities as the Council or their auditors may reasonably require for performing duties imposed on them by or by virtue of paragraphs 1 and 2 above; and the remuneration of the auditors and any other expenses incurred by the Council in connection with the performance of those duties on and after the appointed day shall be defrayed by the Secretary of State out of money provided by Parliament.

Modification of agreements and documents U.K.

4 (1) Subject to subparagraph (3) below, every agreement, other than a contract of employment or an agreement under section 26(2) of the principal Act, to which the Council are a party immediately before the appointed day, whether in writing or not and whether or not of such a nature that rights and liabilities under the agreement could be assigned by the Council, shall have effect as from that date as if— U.K.

(a) the Secretary of State had been a party to the agreement, and

(b) for any reference to the Council there were substituted, as respects anything falling to be done on or after the appointed day, a reference to the Secretary of State.

(2) Other documents (not being enactments) which refer to the Council shall be construed in accordance with subparagraph (1) above so far as applicable.

(3) An order under section 3(4) of this Act which transfers any property, rights of liabilities may contain consequential provision for the construction of references in—

(a) agreements (other than contracts of employment) to which the Council are a party at the date of the order or, in a case of an order made after the appointed day, were a party immediately before the appointed day, and

(b) other documents (not being enactments) which refer to the Council.

Legal remedies and pending proceedings U.K.

5 (1) Where any right or liability is transferred by virtue of any provision of this Act, the transferee and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right or liability as they would have had if it had at all times been a right or liability of the transferee. U.K.

(2) Any pending legal proceedings by or against the Council which relate to any property, right or liability so transferred may be continued by or against the transferee.

(3) Any reference in subparagraph (1) or (2) above to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.

Superannuation U.K.

6 (1) The Secretary of State may, with the consent of the Treasury, make regulations providing for— U.K.

(a) the payment by such water authority as may be designated by the regulations (the “pension authority”) of pensions, allowances or gratuities to or in respect of persons who have been members of the Council;

(b) the transfer to the pension authority of such pension liabilities of the Council as may be specified in the regulations.

(2) The regulations shall provide for the recovery by the pension authority from each of the other water authorities of such proportion of the cost incurred by the pension authority in discharging their functions under the regulations as the Secretary of State may from time to time determine.

(3) The proportions determined by the Secretary of State need not be the same for each water authority.

(4) In subparagraph (1) above “pension liabilities” means any liability in connection with the payment of pensions, allowances or gratuities imposed on or assumed by the Council and includes the liability to make any payment by way of an increase in a pension.

7 (1) The classes of person in whose interests water authorities may exercise their powers under section 27(1) of the principal Act (power to establish and administer pension schemes etc.) shall include— U.K.

(a) persons who have been employed by the Council, and

(b) persons who are or have been employed in such other appropriate employment as the Secretary of State may by order prescribe.

(2) No scheme shall be established by a water authority under section 27(1) of the principal Act, and no variation of any scheme established by a water authority under that section shall be effected, without the consent in writing of the Secretary of State.

(3) In subparagraph (1) above “appropriate employment” means employment in respect of which it would, in the opinion of the Secretary of State, be appropriate for provision to be made under section 27 of the principal Act.

Compensation U.K.

8 (1) The Secretary of State may by regulations transfer to such water authority as may be designated by the regulations (“the compensation authority”) the liabilities of the Council relating to—

(a) the payment of benefits or compensation in respect of early retirement or for loss of employment, or

(b) redundancy payments within the meaning of the M1 Employment Protection (Consolidation) Act 1978.

(2) The regulations may provide for the exercise by the compensation authority of such of the functions of the Council which immediately before the passing of this Act were functions relating to compensation in respect of early retirement or for loss of employment as may be specified in the regulations.

(3) The regulations may provide for the recovery by the compensation authority from each of the other water authorities of such proportion of the cost incurred by the compensation authority in consequence of the regulations as the Secretary of State may from time to time determine.

(4) The proportions determined by the Secretary of State need not be the same for each water authority.

Marginal Citations

M1 1978 c. 44.

Part II E+W Water Space Amenity Commission

Final reports E+W

9 (1) The Commission shall comply with paragraph 40 of Schedule 3 to the principal Act (annual reports) in relation to the period between the end of the period to which their last annual report relates and the appointed day. E+W

(2) The Secretary of State shall lay before each House of Parliament a copy of any annual report sent to him by the Commission in compliance with this paragraph.

Continuance of Commission until residual functions completed to Secretary of State’s satisfaction E+W

10 (1) No amendment or repeal made by this Act shall affect— E+W

(a) the continuance of the Commission for the purpose of paragraph 9 above or their duty under that paragraph, or

(b) the continued operation for those purposes of the provisions of the principal Act relating to the constitution of the Commission.

(2) The Commission shall cease to exist when the Secretary of State, being satisfied that their duty under paragraph 9 above has been discharged, so directs by order.

(3) The Secretary of State shall pay to members of the Commission, other than the chairmen of water authorities, in respect of the period beginning with the appointed day and ending with the Commission ceasing to exist, such allowances as he may with the consent of the Treasury determine.

(4) The Secretary of State shall, as soon as possible after determining the amount of any allowances payable under subparagraph (3) above, lay a statement of his determination before each House of Parliament.

(5) As from the appointed day, the Secretary of State shall make available to the Commission such facilities as the Commission may reasonably require for performing the duty imposed on them by paragraph 9 above; and any expenses incurred by the Commission in connection with the performance of that duty on and after the appointed day shall be defrayed by the Secretary of State out of money provided by Parliament.

SCHEDULE 3 E+W . . . F2

Textual Amendments

F2 Schs. 1, 3 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Section 11(2).

SCHEDULE 4 E+W Minor and Consequential Amendments

1—4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 4 paras. 1–4 repealed by Water Act 1989 (c.15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

5, 6. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 4 paras. 5–6 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 Pt. I (with s. 2, Sch. 2 paras. 10, 14(1), 15)

Local Government, Planning and Land Act 1980 (c. 65) E+W+S

7 E+W+S In section 25(3) of the Local Government, Planning and Land Act 1980 (allowances in relation to meetings etc. of water authorities) for the words from the beginning to “(3B)” there are substituted the words “ The following subsection shall be inserted after section 175(3) of the said Act of 1972:— “(3B)”. ”

Transitional provisions E+W

8 E+W The repeals contained in Schedule 5 below shall not affect the operation of paragraph 31(1) and (2) of Schedule 3 to the principal Act in relation to any period before the day appointed for the purposes of section 3(1) of this Act.

9 E+W In any case where—

(a) the Treasury have given a guarantee under paragraph 36(1) of Schedule 3 to the principal Act in respect of any sum borrowed by the Council; and

(b) any liability of the Council relating to repayment of the principal of, or payment of interest on, the sum so borrowed (or any part of that sum) has become a liability of one or more water authorities, whether by virtue of an order under section 3(4) of this Act or otherwise;

paragraph 36(1) of Schedule 3 shall have effect as if it empowered the Treasury to give a new guarantee in respect of that liability.

Section 11(3).

SCHEDULE 5 U.K. Repeals and Revocations

Part 1 U.K. Enactments Repealed

Chapter	Short title	Extent of repeal
1960 c. 67.	The Public Bodies (Admission to Meetings) Act 1960.	In the Schedule, paragraph 1(c)
1961 c. 64.	The Public Health Act 1961.	In section 9(3), the words from “(including” to the end.
1972 c. 70.	The Local Government Act 1972.	Section 175(3A).
		Section 177(1)(aa)
1973 c. 37.	The Water Act 1973.	Section 4.
		In section 5(3), the words from “but before” to the end.
		Section 6.
		In section 17(5), the words “under section 6 above”.
		Section 23.
		In section 24(12)(a), the words “and to the Water Space Amenity Commission”.
		Section 25(5)(a)
		In section 26, subsections (2) to (4).
		In section 29(2), the words “and after consultation with the Council”.
		In section 30(6), the words “after consultation with the Council”.
		In section 38(1), the definitions of “the Council”, “regional water board” and “water development board”.
		In Schedule 3, paragraphs 22 to 30; in paragraph 31(1), the words from “and including” to the end; in paragraph 31(2), the words “and of any payment to the Council under paragraph 33 below”; in paragraph32(1), the words “and after consultation with the Council”; paragraph 33; in paragraphs 34, 39F(1), 40(1) and 41, the words “and the Council”, wherever they occur; in paragraphs 34(6) and 40(6), the words “or of the Council”; in paragraphs 35(2) and 39E(1), the words “or to the Council”; in paragraphs 36, 38(5) and (6), 39(1), 39E(1)(b) and 39F(1)(a), the words “or the Council”, wherever they occur; in paragraph 36(4), the words “or, as the case may be, the Council”; in paragraph 38(1), the words “and of the Council”; paragraph 39F(2); in paragraph 40(1), paragraph (b) and the word “and” immediately preceding it; in paragraph 40(3) the words “to the Council and”, subparagraphs (4) and (5) and in subparagraph (8) the words from “the Council” to “Commission”.
		In Schedule 8, paragraph 90.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 17, paragraph 64.
1974 c. 37.	The Health and Safety at Work etc. Act 1974.	In section 66(4), the words from “(including” to the end.
		In Schedule 6, paragraph 8.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Part III of Schedule 1, the entries relating to the National Water Council, a regional water authority and the Welsh Water Authority.
1976 c. 70.	The Land Drainage Act 1976.	In Schedule 5, in paragraph 8(1), the words “section 4(5)(a) and (b)”.
1976 c. 75.	The Development of Rural Wales Act 1976.	In Schedule 7, paragraph 11.
1977 c. 41.	The Water Charges Equalisation Act 1977.	The whole Act.
1980 c. 45.	The Water (Scotland) Act 1980.	In Schedule 10, the entry relating to the Water Act 1973.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 25(4).
		In section 158, subsections (1) and (2).
1981 c. 64.	The New Towns Act 1981.	In Schedule 12, paragraph 12.

Part II U.K. Instruments Revoked

Number	Name of Instrument	Extent of revocation
S.I. 1973 1287	The North West Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1973 1288.	The Northumbrian Water Authority Constitution Order 1973.	Article 4.
		Schedule 1.
S.I. 1973 1289	The Yorkshire Water Authority Constitution Order 1973.	Article 4.
		Schedule 1.
S.I. 1973 1306	The Wessex Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1973 1307	The South West Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1973 1345	The Welsh National Water Development Authority (Establishment and Constitution) Order 1973.	Article 4.
		Article 5.
		Schedule 2.
S.I. 1973 1359	The Anglian Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1973 1360	The Thames Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1973 1361	The Southern Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1973 1437	The SevernTrent Water Authority Constitution Order 1973.	Article 4.
		Schedule 2.
S.I. 1974 1208	The SevernTrent Water Authority Constitution (Amendment) Order 1974.	The whole Order.
S.I. 1974 2077	The Thames Water Authority Constitution (Amendment) Order 1974.	The whole Order.
S.I. 1977 724	The Welsh National Water Development Authority (Establishment and Constitution) (Variation) Order 1977	The whole Order.
S.I. 1979 466	The Anglian Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 467	The Northumbrian Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 468	The North West Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 469	The SevernTrent Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 470	The Southern Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 471	The South West Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 472	The Thames Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 473	The Wessex Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1979 474	The Yorkshire Water Authority Constitution (Amendment) Order 1979.	The whole Order.
S.I. 1981 1883	The Welsh Water Authority (Constitution) (Variation) Order 1981.	The whole Order.
S.I. 1982 944	The Water Authorities and National Water Council (Limit for Borrowing) Order 1982.	The whole Order.