Textual Amendments
F1Schs. 1–4 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 para. 10, 14(1), 15)
Section 105.
1(1)In this Act, subject to any order under sub-paragraph (2) below, “the metropolitan watercourses” means—E+W
(a)so much of the river Thames as lies within the London excluded area, including all its associated watercourses within the flow and re-flow of its tides in that area;
(b)the watercourses shown marked in red on the signed plan as defined in and for the purposes of Part II (Alteration of Kent River Authority area and London excluded area) of the M1Greater London Council (General Powers) Act 1968;
(c)the river Ravensbourne, the Chaffinch Brook, the Beck River, the Pool River, the Quaggy River, the Kid Brook, the Kyd Brook and the Lower Kid Brook, and their associated watercourses;
(d)the Beverley Brook, the river Graveney, the Pyl Brook and the river Wandle, and their associated watercourses;
(e)the river Brent, the river Crane and the Duke of Northumberland’s river, and their associated watercourses;
(f)any watercourse that immediately before the commencement of this Act was a metropolitan watercourse by virtue of an order under paragraph 15(2) of Schedule 14 to the M2London Government Act 1963;
and . . . F2
(2) The [F3Secretary of State] may, after consultation with . . . F4 the council of any district or London borough appearing to him to be affected, by order provide that—
(a)the whole or any part of a watercourse within the London excluded area shall become a metropolitan watercourse; or
(b)the whole or any part of a watercourse other than the tidal Thames shall cease to be a metropolitan watercourse; or
(c)the whole or any part of a metropolitan watercourse shall become or cease to be a main metropolitan watercourse;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(3) Notwithstanding anything to the contrary in any enactment or instrument, no part of any of the metropolitan watercourses shall be or form part of a public sewer.
Textual Amendments
F2Definition of “main metropolitan watercourse” repealed by S.I. 1986/208, art. 5(3), Sch. 2
F3Words in Sch. 5 para. 1(2) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 19 (with arts. 5(3), 6)
F4Words repealed by S.I. 1986/208, art. 5(3), Sch. 2
Marginal Citations
2E+WIn this Schedule—
“associated watercourse”, in relation to any river, means a tributary or other watercourse the water from which ultimately flows into, or which is directly or indirectly connected with, that river;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5;
“flood works”, in relation to the tidal Thames, has the same meaning as in the local enactments relating thereto;
“the former county of London” means the area constituted by the county of London as it existed immediately before the passing of the M3London Government Act 1963 (under which the said county ceased to exist);
“local enactment” means—
(a)in relation to any watercourse falling within paragraph 1(1)(a) above, the Thames River (Prevention of Floods) Acts 1879 to 1962 and section 14 of the M4London County Council (General Powers) Act 1932;
(b)-(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
“the tidal Thames” means the watercourses falling within paragraph 1(1)(a) above;
“watercourse” includes all rivers and streams and all ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows;
and any mention of a particular river shall not be construed as prejudicing the meaning of the expression “associated watercourse”.
Textual Amendments
F5Definition of “the Authority” and subparagraphs (b) to (f) in the definition of “local enactment” repealed by S.I. 1986/208, art. 5(3), Sch. 2
Marginal Citations
3(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W
(3) Part III of the M5Surrey County Council Act 1925 shall not apply to any area outside the London excluded area.
Textual Amendments
F6Sch. 5 para. 3(1)(2) repealed by S.I. 1986/208, art. 5(3), Sch. 2
Marginal Citations
M51925 c. cxv.
4(1)Subject to paragraph 6 below, and to any provision made by an order under section 84 or 87 of the M6London Government Act 1963—E+W
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(b)the local enactments relating to so much of the tidal Thames as lies within the former county of London shall apply to the whole of the tidal Thames (as defined for the purposes of this Schedule), and in those enactments references to, or which are to be taken as references to, the county of London shall be construed as references to the London excluded area;
(c)no functions relating to the drainage of land, flood prevention and the like matters shall (subject to paragraph 6 below) be exercisable with respect to the tidal Thames by any authority under any local statutory provisions other than the enactments mentioned in sub-paragraph (b) above.
(2) In sub-paragraph (1)(c) above “local statutory provisions” means provisions of a local Act (including an Act confirming a provisional order) or provisions of a public general Act passed with respect only to the whole or part of the former county of London or provisions of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act.
Textual Amendments
F7Sch. 5 para. 4(1)(a) repealed (and functions of Greater London Council transferred) by S.I. 1986/208, arts. 3, 5(3), Sch. 2
Marginal Citations
5E+WSubject to section 21 of the M7Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 [F8the power of the Thames Water Authority] under the said Act of 1879 and the other enactments relating to the tidal Thames to approve, require the execution of and execute flood works for the protection of land from flooding by the river Thames in the London excluded area shall be exercisable by them for the protection of land from flooding by such of the river’s associated watercourses as immediately before 1st April 1974 lay within the flow and re-flow of its tides in the Lee catchment area.
Textual Amendments
F8Words substituted by S.I. 1986/208, art. 5(1), Sch. 1 Pt. II para. 6(1)
Modifications etc. (not altering text)
C1Functions of Greater London Council transferred by S.I. 1986/208 art. 3
Marginal Citations
M71879 c. cxcviii.
6E+WParagraph 4 . . . F9(b) above and so much of paragraph 2 above as relates to paragraph 4 . . . F9(b) above shall not be construed as extending or restricting the application of any of the local enactments relating to the tidal Thames to property for the time being held for the purposes of their undertaking by the Port of London Authority or as extending or restricting the functions of that Authority.
Textual Amendments
F9Words repealed by S.I. 1986/208, art. 5(3), Sch. 2
7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F10Ss. 1–3, 20, 62, 117(4), Sch. 5 para. 7 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), 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
8—11.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F11Sch. 5 paras. 8–11 repealed by S.I. 1986/208, art. 5(3), Sch. 2
Textual Amendments
Section 117(2).
Marginal Citations
1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
F13Sch. 7 paras. 1, 4 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt I, (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
2E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Textual Amendments
F14Sch. 7 paras. 2, 7 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
3E+WIn paragraph 1(3) of Part III of Schedule 9 to the M9 London Government Act 1963 for “Section 31(2) of the Land Drainage Act 1930” substitute “Section 29(1) of the Land Drainage Act 1976”.
Modifications etc. (not altering text)
C2The text of s. 117(2), Sch. 7 paras. 3, 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F15Sch. 7 paras. 1, 4 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt I, (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
5E+WIn section 3(9) of the M10 New Forest Act 1964 for “any drainage authority as defined by the Land Drainage Act 1930” substitute “any drainage body as defined by the Land Drainage Act 1976”.
Modifications etc. (not altering text)
C3The text of s. 117(2), Sch. 7 paras. 3, 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Textual Amendments
F17Sch. 7 paras. 2, 7 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments