Water Act 1989

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Blanket amendment text amended by S.I. 2011/1043 art. 3 4
Blanket amendment text amended by S.I. 2011/1043 art. 3 6

Commencement Orders yet to be applied to the Water Act 1989:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/766 art. 2 commences (2002 c. 40)
S.I. 2003/1397 art. 2 commences (2002 c. 40)
S.I. 2003/1900 art. 2 commences (2003 c. 21)
S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
S.I. 2004/641 art. 2-5 commences (2003 c. 37)
S.I. 2004/2304 art. 2 commences (2004 c. 21)
S.I. 2004/2917 art. 2 commences (2004 c. 21)
S.I. 2005/2040 art. 2-4 commences (2004 c. 36)
S.I. 2005/2714 art. 2-4 commences (2003 c. 37)
S.I. 2007/2194 art. 2-5 commences (2006 c. 46)
S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
S.I. 2009/3345 art. 2 commences (2009 c. 23)
S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
S.I. 2010/630 art. 3 commences (2009 c. 23)
S.I. 2011/556 art. 1-3 commences (2009 c. 23)
S.S.I. 2005/174 art. 2 commences (2004 asp 15)

Adaptation of enactments relating to statutory undertakers etc.E+W

1(1)Each of the following, that is to say—E+W

(a)[F1the Environment Agency];

(b)every water undertaker; and

(c)every sewerage undertaker,

shall be deemed to be statutory undertakers, and its undertaking a statutory undertaking, for the purposes of the enactments specified in sub-paragraph (2) below.

(2)The enactments mentioned in sub-paragraph (1) above are—

(i)the M1Public Health Act 1925;

(ii)the M2Public Health Act 1936;

(iii)section 4 of the M3Requisitioned Land and War Works Act 1948;

(iv)the National Parks and Access to the M4Countryside Act 1949;

(v)sections 20 and 30 of the M5Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(vi)the M6Landlord and Tenant Act 1954;

(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(viii)the M7Opencast Coal Act 1958;

(ix)section 17(10) of the M8Public Health Act 1961;

(x)the M9Pipe-lines Act 1962;

(xi)Schedule 3 to the M10Harbours Act 1964;

(xii)Schedule 6 to the M11Gas Act 1965;

(xiii)section 40 of the M12Forestry Act 1967;

(xiv)section 2 of the M13Countryside Act 1968, in so far as references in that section to a public body are to be construed as references to a statutory undertaker, and sections 13 and 16 of, and Schedule 2 to, that Act;

(xv)section 5 of the M14Development of Tourism Act 1969;

(xvi)(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(xviii)sections 51 . . . F4 of the M15Land Compensation Act 1973;

(xix)section 73 of the M16Control of Pollution Act 1974;

(xx)the M17Welsh Development Agency Act 1975;

(xxi)Part I of the M18Local Government (Miscellaneous Provisions) Act 1976;

F5(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiii)the M19Ancient Monuments and Archaeological Areas Act 1979;

(xxiv)[F6Part] XVI of the M20Local Government, Planning and Land Act 1980;

(xxv)the M21Highways Act 1980;

(xxvi)subject to sub-paragraph (5) below, the M22New Towns Act 1981;

(xxvii)the M23Acquisition of Land Act 1981;

(xxviii)the M24Civil Aviation Act 1982;

(xxix)section 30 of the M25Local Government (Miscellaneous Provisions) Act 1982;

(xxx)section 2(2)(c) of the M26Cycle Tracks Act 1984;

(xxxi)the M27Building Act 1984;

(xxxii)Part IX and section 611 of the M28Housing Act 1985.

(3)[F1The Environment Agency], a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the M29Landlord and Tenant Act 1927.

(4)The references in the M30Civil Defence Act 1939 to public utility undertakers do not include references to [F1the Environment Agency] or to any water undertaker or sewerage undertaker and, accordingly, references in that Act to a public utility undertaking do not include references to the undertaking of the Authority or of such an undertaker.

(5)The references in section 39 of the New Towns Act 1981 (power of development corporation to transfer undertakings) to statutory undertakers do not include references to any water undertaker or sewerage undertaker and, accordingly, references in that section to a statutory undertaking do not include references to the statutory undertaking of such an undertaker.

(6)References in section 26 of the M31Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to [F7the Environment Agency], a water undertaker or a sewerage undertaker.

(7)A water undertaker or sewerage undertaker shall be deemed to be statutory undertakers for the purposes of section 9(3) of the M32Inner Urban Areas Act 1978 (loans for site preparation).

(8)A water undertaker or sewerage undertaker shall be deemed to be public utility undertakers for the purposes of the Highways Act 1980 F8. . .

(9)In the enactments specified in sub-paragraph (10) below, “the appropriate Minister”, in relation to statutory undertakers, means—

(a)in the case of [F1the Environment Agency], the Secretary of State or the Minister; and

(b)in the case of a water undertaker or sewerage undertaker, the Secretary of State.

(10)The enactments mentioned in sub-paragraph (9) above are—

(i)the M33Opencast Coal Act 1958;

(ii)Schedule 3 to the M34Harbours Act 1964;

(iii)paragraph 2 of Schedule 6 to the M35Gas Act 1965;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M36Welsh Development Agency Act 1975;

(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)sections 121 and 290 of the M37Highways Act 1980;

(viii)the M38New Towns Act 1981;

(ix)the M39Acquisition of Land Act 1981.

(11)References to a local authority in the following enactments . . . F9 shall not include references to [F7the Environment Agency], namely—

(i)the M40Opencast Coal Act 1958;

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)Part I of Schedule 6 to the Highways Act 1980;

(iv)the New Towns Act 1981;

(v)the Acquisition of Land Act 1981.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Sch. 25 para. 1(1)(a)(3)(4)(9)(a) substituted (1.4.1996) by S.I. 1996/396, reg. 3, Sch. 2 para. 4(2)

F2Sch. 25 para. 1(2)(vii) repealed by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch. 8 (with s. 53(1), Sch. 7)

F3Sch. 25 paras. 1(2)(xvi)(xvii), (10)(iv), (11)(ii), 42 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I (with Sch. 3 paras. 1, 2, 4, 6)

F4Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I (with Sch. 3 paras. 1, 2, 4, 6)

F5Sch. 25 para. 1(2)(xxii)(10)(vi) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4