Water Act 1989

1. Introductory Text

2. Part I Preliminary

   1. The National Rivers Authority and the advisory committees

      1. 1. The National Rivers Authority.

      2. 2. Regional rivers advisory committees.

      3. 3. Advisory Committee for Wales.

   2. The transfer of the water authorities' functions etc.

      1. 4. Transfer of the water authorities' functions etc.

   3. The Director General of Water Services and the customer service committees

      1. 5. The Director General of Water Services.

      2. 6. Customer service committees.

   4. General duties

      1. 7. General duties with respect to water supply and sewerage services.

      2. 8. General environmental and recreational duties.

      3. 9. Environmental duties with respect to sites of special interest.

      4. 10. Codes of practice with respect to environmental and recreational duties.

3. Part II Water Supply and Sewerage Services

   1. Chapter I Appointment and Regulation of Water and Sewerage Undertakers

      1. Making and conditions of appointments

         1. 11. Appointment of undertakers.

         2. 12. Restrictions on making replacement appointments.

         3. 13. Procedure for replacement appointments.

         4. 14. Conditions of appointment.

      2. Modification of appointment conditions

         1. 15. Modification by agreement.

         2. 16. Modification references to Monopolies Commission.

         3. 17. Reports on modification references.

         4. 18. Modification following report.

         5. 19. Modification by order under other enactments.

      3. Enforcement orders

         1. 20. Orders for securing compliance with certain provisions.

         2. 21. Procedural requirements.

         3. 22. Validity and effect of orders.

      4. Special administration orders

         1. 23. Special administration orders in relation to water or sewerage undertakers.

         2. 24. Restriction on winding-up etc. of water or sewerage undertaker.

         3. 25. Government financial assistance where special administration orders made.

      5. Review of certain matters and investigation of complaints

         1. 26. Director’s duty to keep matters under review and to consider certain matters.

         2. 27. Protection of customer interests.

      6. Provisions with respect to competition

         1. 28. Functions of Director with respect to competition.

         2. 29. Mergers of water or sewerage undertakings.

         3. 30. References under section 29.

      7. The Director’s register

         1. 31. The Director’s register.

      8. Information and reports

         1. 32. Duty of undertakers to furnish information to the Secretary of State.

         2. 33. Power to require information etc. for enforcement purposes.

         3. 34. Publication of information and advice.

         4. 35. Reports by Director.

         5. 36. Reports by customer service committees.

   2. Chapter II Water Supply

      1. General duties of water undertakers

         1. 37. General duty with respect to water supply.

         2. 38. Standards of performance in connection with water supply.

      2. Bulk supplies of water

         1. 39. Bulk supply between water undertakers.

      3. Duties to provide supplies etc.

         1. 40. Requisitioning of water mains.

         2. 41. Financial conditions for water main requisition.

         3. 42. Duty to make connections to water mains.

         4. 43. Conditions of connection to water main.

         5. 44. Enforcement of obligations under section 42.

         6. 45. Duty to supply water for domestic purposes.

         7. 46. Supply of water for non-domestic purposes.

         8. 47. Duty to provide a supply of water etc. for fire-fighting.

         9. 48. Duty to supply water for other public purposes.

         10. 49. Powers to disconnect service pipes and cut off supplies.

         11. 50. Power to require separate service pipes.

      4. Constancy and pressure of water supplies

         1. 51. Duty as respects constant supply and pressure.

      5. Quality and sufficiency of water supplies

         1. 52. Duties of water undertakers with respect to water quality.

         2. 53. Regulations for preserving water quality.

         3. 54. Offence of supplying water unfit for human consumption.

         4. 55. Provision of water where piped supplies insufficient or unwholesome.

         5. 56. General functions of local authorities in relation to water quality.

         6. 57. Remedial powers of local authorities in relation to private supplies.

         7. 58. Effect, confirmation and variation of notice under section 57.

         8. 59. Incidental powers of local authorities.

         9. 60. Assessors for the enforcement of water quality.

      6. Contamination, waste and misuse of water

         1. 61. Offences of contaminating, wasting and misusing water etc.

         2. 62. Regulations for preventing contamination, waste etc. and with respect to water fittings.

         3. 63. Power to prevent damage and to take steps to prevent contamination, waste etc.

      7. Supplemental provisions of Chapter II

         1. 64. Additional powers of entry for the purposes of Chapter II.

         2. 65. Standards of wholesomeness.

         3. 66. Interpretation etc. of Chapter II.

   3. Chapter III Provision of Sewerage Services

      1. 67. General sewerage functions.

      2. 68. Standards of performance in connection with provision of sewerage services.

      3. 69. Transfer of principal sewerage functions.

      4. 70. Allocation of cross boundary sewers.

      5. 71. Requisitioning of sewers.

      6. 72. Financial conditions of sewer requisition.

      7. 73. Performance of sewerage functions by local authorities etc.

      8. 74. Control of exercise of trade effluent functions in certain cases.

   4. Chapter IV Charging for Services Etc. Provided by Undertakers

      1. 75. Powers of undertakers to charge.

      2. 76. Charges schemes.

      3. 77. Liability of occupiers etc. for charges.

      4. 78. Provisions relating to charging by volume.

      5. 79. Restrictions on power to make connection and certain other charges.

      6. 80. Prohibition on charging by rateable value.

      7. 81. Exemption from charges for water for fire fighting.

      8. 82. Fixing maximum charges for services provided with the help of undertakers' services.

   5. Chapter V Ownership and Finances of Successor Companies Etc.

      1. 83. Initial Government holdings.

      2. 84. Government financial assistance for companies wholly owned by the Crown.

      3. 85. Transfer of successor company liabilities to holding companies.

      4. 86. Conversion of certain loans.

      5. 87. Government investment in securities of the nominated holding companies.

      6. 88. Exercise of functions through nominees.

      7. 89. Target investment limit for Government shareholding.

      8. 90. Responsibility for listing particulars of nominated holding companies.

      9. 91. Statutory accounts of the group.

      10. 92. Temporary restrictions on borrowings etc. by the group.

      11. 93. Reserves of the successor companies.

      12. 94. Application of Trustee Investments Act 1961 in relation to investment in the nominated holding companies.

      13. 95. Tax provisions.

      14. 96. Interpretation of Chapter V.

   6. Chapter VI Statutory Water Companies

      1. 97. General powers of appointed companies.

      2. 98. Relaxation of limits on capital, borrowing and dividends.

      3. 99. Removal of restrictions on payment of interest and application of profits etc.

      4. 100. Sale of shares or stock.

      5. 101. Registration of statutory water companies under the Companies Act 1985.

      6. 102. Procedure for cancelling resolutions for substituting memorandum and articles.

4. Part III The Protection and Management of Rivers and Other Waters

   1. Chapter I Control of Pollution

      1. General provisions

         1. 103. Waters to which Chapter I applies.

         2. 104. Classification of quality of waters.

         3. 105. Water quality objectives.

         4. 106. General duties to achieve and maintain objectives etc.

      2. Controlling and remedying pollution

         1. 107. Offences of polluting controlled waters etc.

         2. 108. Authority for discharges and other defences for the purposes of section 107.

         3. 109. Deposits and vegetation in rivers etc.

         4. 110. Requirements to take precautions against pollution.

         5. 111. Water protection zones.

         6. 112. Nitrate sensitive areas.

         7. 113. Consents under Chapter I and application to the Authority.

         8. 114. Byelaws for preventing pollution of controlled waters.

         9. 115. Anti-pollution works and operations.

         10. 116. Codes of good agricultural practice.

      3. Registers

         1. 117. Registers for the purposes of Chapter I.

      4. Provision and acquisition of information etc.

         1. 118. Information and assistance.

         2. 119. Exchange of information with respect to pollution incidents etc.

         3. 120. Local inquiries for the purposes of Chapter I.

      5. Criminal and civil liability

         1. 121. Offences under Chapter I.

         2. 122. Civil liability and savings.

      6. Supplemental provisions of Chapter I

         1. 123. Application to radioactive substances.

         2. 124. Interpretation of Chapter I.

   2. Chapter II Water Resources

      1. General provisions

         1. 125. General functions in relation to water resources.

         2. 126. Water resources management schemes.

         3. 127. Minimum acceptable river flows.

         4. 128. Modifications of the Water Resources Act 1963.

         5. 129. Charges in respect of the carrying out of functions under the 1963 Act.

         6. 130. Provision of information about water flow etc.

      2. Drought etc.

         1. 131. General drought orders.

         2. 132. Emergency drought orders.

         3. 133. Provisions supplemental to powers conferred by sections 131 and 132.

         4. 134. Offences against drought orders.

         5. 135. Interpretation of provisions relating to drought orders.

   3. Chapter III Flood Defence

      1. 136. Flood defence functions of the Authority.

      2. 137. Establishment of regional flood defence committees.

      3. 138. Composition of regional flood defence committees.

      4. 139. Local flood defence schemes and local flood defence committees.

      5. 140. Internal drainage districts and internal drainage boards.

   4. Chapter IV Salmon and Freshwater Fisheries

      1. 141. Functions of the Authority in relation to fisheries.

   5. Chapter V Navigation, Conservancy and Harbour Authority Functions

      1. 142. Navigation, conservancy and harbour authority functions.

   6. Chapter VI Supplemental Provisions of Part III

      1. 143. Research etc. duties of the Authority.

      2. 144. Overseas activities of the Authority.

      3. 145. General powers of the Authority.

      4. 146. Ministerial directions to the Authority.

      5. 147. Powers of entry etc.

      6. 148. Admissibility of analyses of samples.

      7. 149. Provision of information to the Ministers.

      8. 150. Annual report of the Authority.

5. Part IV Powers in Relation to Land and Works Powers Etc.

   1. Powers and duties in relation to land etc.

      1. 151. Compulsory purchase etc.

      2. 152. Restriction on disposals of land.

      3. 153. Laying and vesting of pipes etc.

      4. 154. Power to deal with foul water and pollution.

      5. 155. Compulsory powers for carrying out works.

      6. 156. Power to carry out surveys and to search for water.

      7. 157. Duties to make recreational facilities available when carrying out certain works.

      8. 158. Byelaws with respect to waterways etc. in which the Authority or undertakers have an interest.

   2. Provisions supplemental to powers of acquisition and works powers

      1. 159. Mineral rights.

      2. 160. Protection of certain undertakings.

      3. 161. Duty to move pipes etc. in certain cases.

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

      5. 163. Saving for planning controls.

      6. 164. Application of certain powers etc. to local authorities.

   3. Records of underground works

      1. 165. Maps of water mains etc.

      2. 166. Sewer maps.

   4. Offence of interference with works etc.

      1. 167. Offence of interference with works etc.

6. Part V Provisions relating to Scotland

   1. 168. Water quality in Scotland.

   2. 169. Control of water pollution in Scotland.

7. Part VI Miscellaneous and Supplemental

   1. Directions in the interests of national security etc.

      1. 170. Directions in the interests of national security etc.

   2. Power to give effect to international obligations

      1. 171. Power to give effect to international obligations.

   3. Indemnities in respect of fluoridation

      1. 172. Indemnities in respect of fluoridation.

   4. Payments to existing pension fund

      1. 173. Payments to existing pension fund.

   5. Information etc.

      1. 174. General restrictions on disclosure of information.

      2. 175. Making of false statements etc.

      3. 176. Provision of supplementary information.

   6. Offences

      1. 177. Offences by bodies corporate.

   7. Powers of entry etc.

      1. 178. Warrant to exercise power.

      2. 179. Provisions supplementary to powers of entry etc.

      3. 180. Impersonation of persons exercising powers of entry.

   8. Local inquiries

      1. 181. Local inquiries.

   9. Judicial disqualification

      1. 182. Judicial disqualification.

   10. Financial provisions

       1. 183. General financial provisions.

       2. 184. Government guarantees.

   11. Subordinate legislation

       1. 185. Powers to make regulations.

       2. 186. Byelaws.

   12. Interpretation provisions

       1. 187. Interpretation of references to the service of documents.

       2. 188. Interpretation of certain references to functions.

       3. 189. General interpretation.

   13. Other supplemental provisions

       1. 190. Amendments, transitional provisions, savings and repeals.

       2. 191. Local statutory provisions: consequential amendments etc.

       3. 192. Application to Crown land etc.

       4. 193. Application to Isles of Scilly.

       5. 194. Short title, commencement and extent.

8. 1. Schedule 1

      The National Rivers Authority.

      1. Part I Organisation and Proceedings etc. of Authority.

      2. Part II Financial Provisions.

   2. Schedule 2

      Schemes providing for the Initial Transfers.

   3. Schedule 3

      The Director General of Water Services.

   4. Schedule 4

      Customer Service Committees.

   5. Schedule 5

      Transitional Provision on Termination of Appointments.

   6. Schedule 6

      Special Administration Orders.

      1. Part I Modifications of the 1986 Act.

      2. Part II Supplemental.

   7. Schedule 7

      Procedure for certain Orders.

   8. Schedule 8

      Sewerage Functions.

   9. Schedule 9

      Control of Exercise of Trade Effluent Functions in certain Cases.

   10. Schedule 10

       Provisions relating to Meters etc.

   11. Schedule 11

       Orders designating Nitrate Sensitive Areas

   12. Schedule 12

       Consents to certain Discharges.

   13. Schedule 13

       Amendments of the Water Resources Act 1963.

   14. Schedule 14

       Drought Orders.

       1. Part I Procedure for Making Orders.

       2. Part II Compensation.

   15. Schedule 15

       Amendments of the Land Drainage Act 1976.

   16. Schedule 16

       Boundaries of Regional Flood Defence Areas.

   17. Schedule 17

       Transfer of Fisheries Functions to the Authority.

   18. Schedule 18

       Modification of Compensation Provisions etc. in relation to the Creation of New Rights.

   19. Schedule 19

       Powers with respect to the Laying and Maintenance of Pipes etc.

   20. Schedule 20

       Orders conferring Compulsory Works Powers.

   21. Schedule 21

       Mineral Rights.

   22. Schedule 22

       Water Quality in Scotland.

   23. Schedule 23

       Control of Water Pollution in Scotland.

   24. Schedule 24

       Procedure relating to Byelaws.

   25. Schedule 25

       Minor and Consequential Amendments.

   26. Schedule 26

       Transitional Provisions and Savings.

       1. Part I Water Authorities.

       2. Part II Water and Sewerage Services.

       3. Part III Control of Pollution.

       4. Part IV Water Resources.

       5. Part V Flood Defence.

       6. Part VI Fisheries.

       7. Part VII Compulsory Purchase and Works Powers.

       8. Part VIII Miscellaneous and General.

   27. Schedule 27

       Repeals.

       1. Part I Repeals Coming into Force on the Transfer Date.

       2. Part II Other Repeals.