Section 190.
1(1)Notwithstanding the repeals made by this Act, any regulations under paragraph 3 of Part I of Schedule 3 to the 1973 Act which are in force immediately before the transfer date and paragraphs 4 to 7 of that Part of that Schedule shall continue, to such extent as the Secretary of State may direct, to have effect on and after that date in the case of any person who is or who has been (whether before, on or after the transfer date) chairman or member of a water authority.
(2)The Secretary of State may by regulations provide for any liability which is—
(a)saved by virtue of this paragraph; and
(b)transferred in accordance with a scheme under Schedule 2 to this Act to a successor company,
to be transferred, at a time when that company is wholly owned by the Crown, to that company’s nominated holding company.
2(1)The repeal by this Act of section 27 of the 1973 Act (superannuation of employees of statutory water undertakers) shall not, 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 the scheme, affect the operation on and after the transfer date, in relation to any period of employment before that date, of any scheme made or designated under that section.
(2)The Secretary of State may by regulations make such transitional provisions and savings as he considers appropriate in relation to so much of any provision having effect immediately before the transfer date by or under any enactment as provides for or relates to the payment by a water authority of pensions, allowances or gratuities to or in respect of persons who have been—
(a)officers or employees of any person whose activities at any time before the transfer date appear to the Secretary of State to have consisted in, or to have been connected with, the carrying out of any function which is transferred by this Act or which corresponds to any such function or to any other function under this Act; or
(b)chairmen or members of any body whose activities at any such time so appear to the Secretary of State.
(3)Without prejudice to the generality of sub-paragraph (2) above or to any transfer in accordance with a scheme under Schedule 2 to this Act of any liability saved by regulations under that sub-paragraph, such regulations may—
(a)subject to sub-paragraphs (4) and (5) below, impose requirements on the Authority, on any successor company or on the nominated holding company of any successor company;
(b)modify any such provision as is mentioned in sub-paragraph (2) above;
(c)in the case of regulations made after the transfer date, require provision contained in the regulations to be treated as if it came into force on that date.
(4)No requirement shall be imposed on any company by any regulations under sub-paragraph (2) above made after the company has ceased to be wholly owned by the Crown; but a company’s ceasing to be wholly owned by the Crown shall not affect any requirement imposed on it by any regulations under that sub-paragraph made before the company ceased to be so wholly owned.
(5)It shall be the duty of the Secretary of State to pay to the Authority out of money provided by Parliament all such sums as the Authority may require for fulfilling requirements imposed on it by regulations under sub-paragraph (2) above.
(6)The reference in sub-paragraph (2) above to the payment of pensions, allowances or gratuities includes a reference to the payment of compensation for loss of office or of any such compensation as is payable for any other reason to or in respect of any person who holds or has held any such office or employment as is mentioned in that sub-paragraph.
3(1)Nothing in this Act shall prevent the completion on or after the transfer date by a Local Commissioner of any investigation which he began to conduct before that date and which is an investigation under Part III of the Local Government Act 1974 in pursuance of a complaint made in relation to a water authority.
(2)Nothing in this Act shall prevent the making on or after the transfer date of a complaint under the said Part III in respect of any action which was taken by or on behalf of a water authority before that date.
(3)Notwithstanding the amendment of the said Part III by paragraph 12 of Schedule 1 to this Act, the provisions of that Part shall have effect on and after the transfer date in relation to any complaint to which sub-paragraph (1) or (2) above applies and to its investigation as they would have had effect before that date; but, 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 such complaint to any person, that person shall, on and after that date, stand in the place of the water authority for the purposes of this paragraph.
4(1)Subject to sub-paragraph (2) below, where any arrangements for the purposes of section 12 of the 1973 Act (supply by statutory water companies on behalf of water authorities) are in force immediately before the transfer date, those arrangements shall cease to have effect on that date but their so ceasing to have effect shall not affect their operation on and after that date (subject to the transfer of rights and liabilities in accordance with a scheme under Schedule 2 to this Act) in relation to—
(a)proceedings for, or any indemnity in respect of or of proceedings for, any breach of duty occurring before the transfer date (whether or not any right of action has arisen in respect of that breach before that day); and
(b)claims for, or the payment of any sums in respect of, a contribution payable under section 1 of the [1944 c. 26.] Rural Water Supplies and Sewerage Act 1944.
(2)In so far as any such arrangements relate to matters for which provision could have been made by an agreement under section 12 of the 1945 Act (supply of water in bulk) those arrangements shall (in accordance with paragraph 5 below) continue to have effect on and after the transfer date as if they had been contained in such an agreement.
5(1)Any agreement made or having effect as if made under section 12 of the 1945 Act (supply of water in bulk) which is in force immediately before the transfer date shall continue in force on and after that date notwithstanding the repeal of that section but subject to the transfer of rights and liabilities under the agreement in accordance with a scheme under Schedule 2 to this Act.
(2)In the case of any agreement which continues in force under sub-paragraph (1) above and to which a statutory water company is a party, the agreement shall so continue in force as if entered into by that company in pursuance of any power conferred on that company by virtue of section 97(1) of this Act.
(3)Any order made under section 12 of the 1945 Act by a water authority, or jointly by two or more such authorities, which is in force immediately before the transfer date shall have effect on and after that date (subject to the transfer in accordance with a scheme under Schedule 2 to this Act of rights and liabilities of the authority under the order) as if it were an order made by the Director under section 39 of this Act.
(4)Any order made by the Secretary of State under section 12 of the 1945 Act which is in force immediately before the transfer date shall have effect on and after that date (subject to any such transfer) as if it were an order made by the Director under the said section 39.
6(1)Where—
(a)any water authority have, at any time before the transfer date, been required for the purposes of any of the provisions of sections 36 or 37 of the 1945 Act or of section 29 of Schedule 3 to that Act (water main requisitions) to lay any main or do any other thing for bringing water to any place; and
(b)the requirement has not been complied with before the transfer date,
then, notwithstanding any repeal made by this Act, the provisions of that Act shall have effect for the purpose of making the water undertaker for the area in which that place is situated liable for any contravention of that requirement occurring on or after the transfer date (including so much of any continuing contravention as occurs on or after that date), and for the purpose of preserving on and after that date the effect of any obligation to make payments, to pay interest or to comply with any undertaking.
(2)Provisions which have effect for any purpose by virtue of sub-paragraph (1) above shall so have effect as if the water undertaker in question were the same person in law as the water authority and as if any reference in the 1945 Act to water rates or to charges payable under Part III of the 1973 Act included a reference to any charges imposed by virtue of this Act in respect of the supply of water by that undertaker.
7Any notice served on a water authority or statutory water company under section 40 of Schedule 3 to the 1945 Act which is effective immediately before the transfer date in relation to any premises shall have effect on and after that date, with the appropriate modifications—
(a)as if it had been served under section 42 of this Act on the water undertaker in whose area those premises are situated; and
(b)as if any condition imposed by the water authority or statutory water company in respect of the performance of their duties under Part X of that Schedule had been imposed by that undertaker under section 43 of this Act.
8(1)Any duty to which a water authority or statutory water company are subject immediately before the transfer date under section 27 of the 1945 Act (non-domestic supplies) shall have effect on and after the transfer date as if it had been imposed under section 46 of this Act on the water undertaker for the area in which the premises in relation to which that duty is owed are situated.
(2)Where any matter has been referred to any Minister of the Crown or any arbitrator for the purposes of the said section 27 and that reference is outstanding on the transfer date, then, for the purposes of this paragraph, a determination on that reference may be made on or after that date notwithstanding the repeal of that section.
(3)Any determination under the said section 27 which is effective immediately before the transfer date and any determination made by virtue of sub-paragraph (2) above shall have effect on and after that date or, as the case may be, after it is made as a determination of the Director under section 46 of this Act.
9Any demand or notice which has in relation to any premises been served by or on a water authority or statutory water company for the purposes of section 38(3) of or section 79 of Schedule 3 to the 1945 Act (disconnections and discontinuance) and is effective immediately before the transfer date shall have effect on and after that date as if it had been served for the purposes of the corresponding provision of section 49 of this Act by or on the water undertaker for the area in which those premises are situated.
10Any notice served in relation to any premises by a water authority or statutory water company under section 42 of Schedule 3 to the 1945 Act which is effective immediately before the transfer date in relation to any premises shall have effect on and after that date, with the appropriate modifications, as if it had been served for the purposes of section 50(3) of this Act by the water undertaker in whose area those premises are situated.
11(1)Where immediately before the transfer date section 39 of Schedule 3 to the 1945 Act (constancy and pressure requirements)—
(a)has effect with respect to water in a water main or other pipe of a water authority or statutory water company; and
(b)so has effect subject to any provision made by or under any enactment,
that provision shall have effect, on and after that date, as if it were contained (in so far as it would qualify any duty imposed by section 51 of this Act) in an order made under subsection (4) of section 51 of this Act in relation to the water undertaker in which that main or other pipe is vested on that date.
(2)So much of any local statutory provision, other than a provision applying or modifying the effect of the said section 39, as has the effect, immediately before the transfer date, that there are different requirements as to the pressure of water in a water main or other pipe of a water authority or statutory water company from those imposed by section 51 of this Act, shall have effect, on and after that date, as if it were contained (in so far as it would qualify the duty imposed by that section) in an order made under subsection (4) of that section in relation to the water undertaker in which that main or other pipe is vested on that date.
(3)Any requirement imposed in relation to any premises under section 60(1) of Schedule 3 to the 1945 Act (power to require provision of cisterns in certain cases) and effective immediately before the transfer date shall have effect on and after that date as if it had been imposed by the water undertaker for the area in which the premises are situated under section 51(5) of this Act or, as the case may be, under section 43(1)(f) or 45(6)(b) of this Act.
(4)Where any work commenced by virtue of the said section 60(1) by a water authority or statutory water company in relation to any premises is not completed before the transfer date, the work may be completed on and after that date by the water undertaker for the area in which those premises are situated as if the requirements of subsection (6) of section 51 of this Act with respect to the service of a notice and the expiration of the period specified in that notice had been satisfied before that date.
12Any consent given before the transfer date for the purposes of section 65, 67 or 68 of Schedule 3 to the 1945 Act (consents to certain uses of water or to interference with waterworks etc.) shall have effect on and after that date as if given for the purposes of the corresponding provision of Chapter II of Part II of this Act or of section 167 of this Act and, if given by a water authority, as if given by that authority’s successor company.
13(1)Where an appointment under Chapter I of Part II of this Act of the successor company of a water authority as the sewerage undertaker for any area comes into force on the transfer date, then, without prejudice to the transfer of any statutory rights or liabilities in accordance with a scheme under Schedule 2 to this Act or to the following provisions of this paragraph, the following enactments, that is to say—
(a)the [1936 c. 49.] Public Health Act 1936;
(b)the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937; and
(c)Part V of the [1961 c. 64.] Public Health Act 1961,
shall have effect on and after that date as if any declaration or application made, notice given or other thing done by or in relation to that authority for the purposes of, or in connection with, the carrying out of any of the functions under those enactments which are conferred on sewerage undertakers by virtue of this Act had been made, given or done by or in relation to the sewerage undertaker for the area which immediately before that date is the water authority’s area for the purposes of section 14 of the 1973 Act.
(2)The provisions of Schedule 8 to this Act which vest functions of the Secretary of State in the Director in relation to appeals, references and applications under—
(a)the said Act of 1937;
(b)the said Part V; or
(c)section 43(5) or 45(4) of the [1974 c. 40.] Control of Pollution Act 1974,
shall not, on and after the transfer date, affect the powers and duties of the Secretary of State in relation to any such appeal, reference or application which was made before that date; and any written permission given before the transfer date for the purposes of section 60(5) of the Public Health Act 1961 (extension of time) shall have effect in relation to any appeal made on or after that date as if given by the Director.
(3)So much of any provision of the said Act of 1936 as, by virtue of section 338 of that Act (sewers and drains of collegiate and other corporate bodies and Government departments), has effect in accordance with that section shall continue so to have effect on and after the transfer date notwithstanding the amendments and repeals made by this Act, but shall so have effect subject to the power conferred by section 191(1) of this Act.
14(1)Where immediately before the transfer date any water authority are under a duty by virtue of a requirement under section 16 of the 1973 Act (sewer requisitions) to provide a sewer, that duty shall continue on and after that date as if it—
(a)were a duty under section 71 of this Act owed to the person who required the provision of the sewer or, as the case may be, to each of the persons who joined in doing so; and
(b)were so owed by the sewerage undertaker for the area which immediately before that date is the water authority’s area for the purposes of section 14 of that Act.
(2)Where—
(a)any person has under section 16 of the 1973 Act at any time before the transfer date required a water authority to provide a sewer; but
(b)no duty has arisen under that section before that date in respect of that requirement,
that requirement shall have effect on and after that date as a requirement under section 71 of this Act for the provision of a public sewer by the sewerage undertaker for the area which immediately before that date is the water authority’s area for the purposes of section 14 of that Act.
(3)Subject to sub-paragraph (4) below, where any rights or liabilities of a water authority in respect of any agreement or undertaking entered into before the transfer date for the purposes of section 16 of the 1973 Act, or in respect of any sums deposited with them before that date for those purposes, are transferred in accordance with a scheme under Schedule 2 to this Act to the authority’s successor company, those rights and liabilities shall continue to have effect, on and after that date, as rights and liabilities of that company and, in the case of any such right which was subject to subsection (5) of that section (twelve year limit on payments), shall continue to be so subject notwithstanding the repeal of that section.
(4)On and after the transfer date subsection (8) of section 72 of this Act shall apply, as it applies in relation to the sums mentioned in that subsection, in relation to sums deposited under subsection (6) of section 16 of the 1973 Act.
(5)Notwithstanding the repeal by this Act of section 16 of the 1973 Act, subsection (10) of that section (determination of certain matters by referee) shall continue to have effect on and after the transfer date for the purposes of anything saved by sub-paragraph (1) or (3) above.
15(1)This paragraph applies to any arrangements between a water authority and a relevant authority which have been made under section 15 of the 1973 Act (arrangements for carrying out sewerage functions) and are in force immediately before the transfer date.
(2)Subject to the following provisions of this paragraph, the arrangements shall continue in force on and after the transfer date, with the necessary modifications and any alterations or variations made before that date under paragraph 3 or 5 of Schedule 4A to the 1973 Act, as if—
(a)the relevant authority had entered into them for the purposes of section 73 of this Act with the sewerage undertaker for the relevant area, that is to say, the area which immediately before that date is the water authority’s area for the purposes of section 14 of that Act; and
(b)any reference in the arrangements to any enactment which is repealed by this Act and to which any provision made by this Act corresponds were a reference to the corresponding provision of this Act.
(3)Subject to sub-paragraph (5) below, on and after the transfer date the arrangements shall be varied only by agreement between the sewerage undertaker for the relevant area and the relevant authority and shall be brought to an end only by such agreement or under sub-paragraph (4) below.
(4)Subject to sub-paragraph (6) below, the arrangements may be brought to an end by the sewerage undertaker for the relevant area or the relevant authority giving reasonable notice to the other.
(5)Any reasonable notice with respect to the arrangements which has been given before the transfer date under paragraph 5(1)(b) of Schedule 4A to the 1973 Act (termination of arrangements by relevant authority) shall, if it expires after the transfer date, take effect when it expires as if it had been reasonable notice given under sub-paragraph (4) above to the sewerage undertaker for the relevant area.
(6)The sewerage undertaker for the relevant area shall not give any notice under sub-paragraph (4) above which expires before 1st April 1992.
(7)Section 101(2) of the [1972 c. 70.] Local Government Act 1972 (delegation by committee or sub-committee) shall apply for the purposes of the arrangements only if and to the extent that the sewerage undertaker for the relevant area does not otherwise direct.
(8)In this paragraph “relevant authority” has the same meaning as in section 73 of this Act.
16(1)Subject to the following provisions of this paragraph and to any transfers having effect in accordance with a scheme under Schedule 2 to this Act, where any scheme made under section 31 of the 1973 Act (charges schemes) by a water authority or statutory water company has effect immediately before the transfer date or, having been made before that date, is due to come into force after that date, that scheme shall have effect on and after the transfer date or, as the case may be, the date on which it would have come into force, in relation to every locality to which it applies—
(a)in so far as it relates to services which are provided on or after the transfer date by a water undertaker in the course of carrying out its functions, as if it were a scheme made under section 76 of this Act by the water undertaker for the area in which that locality is situated; and
(b)in so far as it relates to services which are provided on and after that date by a sewerage undertaker in the course of carrying out its functions or to any other matter in relation to which a sewerage undertaker is entitled to fix charges under this Act, as if it were a scheme made under section 76 of this Act by the sewerage undertaker for that area.
(2)Subject as aforesaid, where by virtue of this Act the Authority has any power to fix and recover charges in respect of the carrying out of any of its functions, any charges which —
(a)have been fixed by a water authority in relation to any locality under any power conferred by an enactment repealed by this Act; and
(b)would apply immediately before the transfer date to the carrying out by the water authority of a corresponding function,
shall be recoverable by the Authority in respect of the carrying out of its functions on and after that date as if fixed in relation to that locality by the Authority in exercise of the power conferred by virtue of this Act.
(3)So much of any such scheme as is mentioned in sub-paragraph (1) above as has effect immediately before the transfer date and relates to charges in respect of anything which does not fall to be done on and after that date in the course of the carrying out of the functions of the Authority or any water undertaker or sewerage undertaker shall have effect on and after that date, in relation to the doing of that thing by the successor company of the water authority which made the scheme, as if it were contained in an agreement for the doing of that thing between that company and the person who would have been liable to the charge under the scheme.
(4)The repeal by this Act of section 30 of the 1973 Act (charges) and the preceding provisions of this paragraph shall not affect the liability of any person for any charge which—
(a)has been fixed before the transfer date by virtue of subsection (1)(b)(ii) of that section (environmental services charge); and
(b)is due to a water authority immediately before that date or would have become due to such an authority on or after that date in respect of a period ending no later than with the end of the financial year current on that date;
and such a charge shall, subject to the provisions of the scheme, be payable on or after that date to the person to whom the right to receive it is transferred in accordance with a scheme under Schedule 2 to this Act.
(5)Notwithstanding its repeal by this Act, section 4 of the [1988 c. 15.] Public Utility Transfers and Water Charges Act 1988 (approval of metering trials schemes) shall apply, with the necessary modifications, to so much of any scheme made by a water undertaker under section 76 of this Act as amends or revokes any scheme which—
(a)was made in accordance with the said section 4 before the transfer date and is either in force immediately before that date or due to come into force after that date; and
(b)continues in force, in accordance with this paragraph, as a scheme under the said section 76.
(6)Any regulations made under section 5 of the Public Utility Transfers and Water Charges Act 1988 (regulations made in connection with metering) and in force immediately before the transfer date shall have effect on and after that date as if made under the power conferred by section 78 of this Act, as if that power included power to make or revoke any such provision as may be made by virtue of section 5(3)(e) of that Act and as if for any reference in those regulations to a water authority or statutory water company there were substituted a reference to a water undertaker or sewerage undertaker.
(7)Where any notice served, consent given, reference to arbitration made or other thing done under any provision of Schedule 1 to the [1988 c. 15.] Public Utility Transfers and Water Charges Act 1988 (provisions with respect to meters) is in force or effective immediately before the transfer date, that notice, consent, reference or other thing shall have effect on and after that date—
(a)as if it had been served, given, made or done under the corresponding provision of Schedule 10 to this Act; and
(b)in so far as it was served, given, made or done by or in relation to a water authority, as if it had been served, given, made or done by or in relation to that authority’s successor company.
(8)The repeal by this Act of section 123 of the [1936 c. 49.] Public Health Act 1936 (power of local authorities to give guarantees to water companies) shall not affect any liability arising under any undertaking given under that section before the transfer date to a water authority or statutory water company; but any such undertaking given before that date to a water authority shall have effect on and after that date as if given to the water undertaker for the area to which, or to any part of which, the undertaking relates.
(9)The repeal by this Act of subsection (4) of section 38 of the 1945 Act (liability for charges etc.) shall not affect the right under that subsection of the occupier of any premises to deduct from his rent at any time on or after the transfer date any sum paid by him (whether or not before that date) in respect of any charge arising under Part III of the 1973 Act in respect of services performed, facilities provided or rights made available before that date.
(10)Where, in the case of any premises—
(a)the person who is liable, immediately before the transfer date, to pay charges in respect of a supply of water to those premises is the owner of those premises, rather than the occupier; and
(b)that person is so liable (under section 54 of Schedule 3 to the 1945 Act or any other local statutory provision) otherwise than by virtue of an agreement,
then, on and after that date, the person who is the owner from time to time of those premises shall continue, until the person who is in fact the occupier of the premises immediately before that date ceases to be the occupier of those premises, to be the person liable and, accordingly, shall be treated for the purposes of section 77 of this Act as if he were the occupier of the premises.
17Subject to any transfer of property, rights or liabilities in accordance with a scheme under Schedule 2 to this Act, nothing in this Act shall affect—
(a)the existence or constitution of any joint water board or joint water committee constituted by virtue of an order made under section 9 of the 1945 Act before the transfer date;
(b)any rights or liabilities arising by virtue of any agreement made in pursuance of such an order; or
(c)the application in relation to any such board or committee of any provision of Schedule 3 to the 1945 Act or the operation of Part V of that Act in relation to any such provision.
18Any expenditure incurred before the transfer date by a water authority, being expenditure in respect of which a contribution may be made under section 1 of the Rural Water Supplies and Sewerage Act 1944, shall for the purposes of that Act be treated on and after that date as if it had been incurred by the water authority’s successor company.
19(1)Subject to sub-paragraph (2) below, any byelaws made or having effect as if made under section 17 of the 1945 Act and in force immediately before the transfer date and section 19 of that Act so far as it relates to any such byelaws shall, notwithstanding any repeal made by this Act, have effect on and after that date as they had effect before that date but as if—
(a)for any reference (however framed) in those byelaws or in section 19(2), (4) or (5) of that Act to the undertakers who made the byelaws there were substituted, in relation to each locality to which those byelaws relate, a reference to the water undertaker for the area in which that locality is situated; and
(b)every duty imposed on a water undertaker by virtue of paragraph (a) above were enforceable under section 20 of this Act by the Secretary of State;
and, notwithstanding any repeal by this Act, Part V of that Act shall accordingly have effect in relation to any provisions having effect under this paragraph as it had effect in relation to those provisions immediately before the transfer date.
(2)The power of the Secretary of State under section 62 of this Act to make regulations with respect to the matters specified in that section shall include power, by regulations under that section—
(a)to modify the operation of sub-paragraph (1) above in relation to any byelaws made under section 17 of the 1945 Act and having effect by virtue of that sub-paragraph; and
(b)to revoke or amend any such byelaws.
(3)So long as any byelaws under section 17 of the 1945 Act have effect by virtue of this paragraph, the references in the provisions of sections 43(1)(g), 45(6)(c) and 46(3)(b) of this Act to such regulations under section 62 of this Act as are prescribed for the purposes of those provisions shall include references to any byelaws which have effect by virtue of this paragraph.
20(1)Any directions given before the transfer date by a water authority under subsection (3) of section 18 of the Building Act 1984 which are effective immediately before that date in relation to any drain or sewer shall have effect on and after that date as if they were notifications given under that subsection by the sewerage undertaker for the area which immediately before that date is the water authority’s area for the purposes of section 14 of the 1973 Act.
(2)Notwithstanding its repeal by this Act, section 69 of the Building Act 1984 (notices requiring provision of water supply to occupied house), except subsection (7), shall continue to have effect on and after the transfer date for the purposes of any notice served under that section before that date; but, in relation to any such notice, the water undertaker for the area in which the house in question is situated shall, on and after that date, stand in the place of the statutory water undertakers on whom any obligation or power is imposed or conferred by virtue of the notice.
21(1)Subject to the following provisions of this Part of this Schedule, any subordinate legislation or application made, consent given or deemed to have been given, certificate issued or other thing done which is in force or effective immediately before the transfer date under or for the purposes of any provision of Part II of the 1974 Act shall have effect on and after that date—
(a)as if it was made, given, issued or done under or for the purposes of the corresponding provision of Chapter I of Part III of this Act; and
(b)where it was made, given, deemed to have been given, issued or done by or in relation to a water authority, as if it was made, given, issued or done by or in relation to the Authority.
(2)Where by virtue of this paragraph any matter falls to be determined on or after the transfer date by the Secretary of State otherwise than under paragraph 8 of Schedule 12 to this Act, that matter shall, if the Secretary of State refers the matter to the Authority for determination, be determined by the Authority instead.
22(1)Except in so far as the Secretary of State by order otherwise provides, section 107(1) of this Act shall not apply to any discharges which are of a kind or in any area specified in an order which was made under subsection (3) of section 32 of the 1974 Act (preservation of existing exemptions) and is in force immediately before the transfer date.
(2)The Secretary of State may by order require the Authority to publish in a manner specified in the order such information about the operation of any provision made by or under this paragraph as may be so specified; and so much of any order under the said subsection (3) as is in force immediately before the transfer date and requires a water authority to publish information shall have effect on and after that date as if it had been made by virtue of this sub-paragraph and as if that requirement were a requirement that the Authority publish the information.
(3)The power to make an order under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
23Nothing in this Part of this Schedule shall prejudice any provision of a scheme under Schedule 2 to this Act in accordance with which any right which accrued under section 36(3) or 46(5) of the 1974 Act (recovery of costs) to a water authority before the transfer date is transferred to the water authority’s successor company.
24(1)Where anything to which paragraph 21 above applies has effect immediately before the transfer date with modifications specified in regulations made under section 40 of the 1974 Act (transitional provisions), it shall continue to have effect on and after that date with those modifications notwithstanding the repeal of that section by this Act.
(2)A consent which by virtue of section 40(4) of the 1974 Act, or of any provision of any order under section 32(3) of that Act, is deemed to have been given under that Act in respect of any application which by virtue of paragraph 21 above has effect on and after the transfer date as an application made under Schedule 12 to this Act shall cease to have effect on the disposal of that application by—
(a)the giving of an unconditional consent on that application;
(b)the expiration, without an appeal under paragraph 8 of that Schedule to this Act being brought, of the period of three months beginning with the date on which notice is served on the applicant that the consent applied for is refused or is given subject to conditions; or
(c)the withdrawal or determination of any such appeal.
(3)Particulars of consents to which sub-paragraph (2) above applies shall not be required to be contained in any register maintained under section 117 of this Act.
25(1)Nothing in this Part of this Schedule shall have the effect of providing that any regulations made under section 55 of the 1974 Act (discharges by water authorities) continue in force after the transfer date.
(2)Subject to sub-paragraphs (3) to (5) below, where any application has been made or other thing done by any water authority by virtue of any provision of the 1974 Act as modified by any such regulations and is pending or effective immediately before the transfer date, that application or other thing shall have effect on and after the transfer 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 in respect of the application or thing, as if it had been made or done by that company under the provision of Schedule 12 to this Act corresponding to the provision modified by those regulations and, where it was made or done in relation to the Secretary of State, as if it had been made or done in relation to the Authority; and
(b)in relation to such rights and liabilities in respect of the application or other thing as are allocated by such a scheme to the Authority, only to the extent that a saving is made in relation to that application or thing by regulations under section 113(2) of this Act.
(3)If the Secretary of State determines that this sub-paragraph is to apply in relation to any application which is deemed by virtue of sub-paragraph (2)(a) above to have been made by a successor company to the Authority—
(a)that application shall be treated as having been transmitted to the Secretary of State in accordance with a direction under paragraph 4 of Schedule 12 to this Act; but
(b)the Authority shall not be required, by virtue of sub-paragraph (2) of that paragraph, to inform that company that the application is to be so treated.
(4)Where an application is deemed to have been so made by a successor company, then (whether or not it is treated under sub-paragraph (3) above as having been transmitted to the Secretary of State) the following provisions shall apply in relation to the application and, except in so far as the Secretary of State otherwise directs, shall so apply instead of paragraph 1(3) to (6) or 4(3) of Schedule 12 to this Act, that is to say—
(a)the application shall not be considered by the Secretary of State or the Authority unless the company has complied with such directions (if any) as may be given by the Secretary of State with respect to the publicity to be given to the application;
(b)the Secretary of State or, as the case may be, the Authority shall be under a duty to consider only such representations and objections with respect to the application as have been made in writing to the Secretary of State or the Authority before the end of such period as he may determine and as are not withdrawn; and
(c)the Secretary of State shall have power to direct the Authority (pending compliance with any direction under paragraph (a) above or pending his or, as the case may be, its consideration of the application, representations and objections) to give such a temporary consent under Chapter I of Part III of this Act, or to make such temporary modifications of the conditions of any existing consent, as may be specified in the direction;
and it shall be the duty of the Authority to comply with any direction given to it by virtue of this sub-paragraph.
(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.
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.
27Where 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.
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.
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.
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
(c)section 131(2) of that Act (applications by the British Waterways Board),
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.
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),
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.
(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.
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;
(c)the determination or withdrawal of an appeal against that decision;
(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).
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.
34The 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
(c)the operation of the provisions of that Act in relation to any such order or application;
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.
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—
the period of five years ending with the transfer date; and
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.
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
(c)the local land drainage committee for any district,
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.
37In 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.
38Any 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.
39In this Part of this Schedule “the 1976 Act” means the [1976 c. 70.] Land Drainage Act 1976.
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.
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
(c)any resolution for extinguishing a right of way under section 9 of Schedule 3 to the 1945 Act,
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.
42Where 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.
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.
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.
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.
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.
47Where 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.
48Anything 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.
49The 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.
50Any 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.
51Where 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.
52The 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.
53The 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.
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.
55The 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.
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
(c)as if any hereditament which—
(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.
(3)In relation to the period mentioned in sub-paragraph (1) above—
(a)section 19 of the said Act of 1967 (general rule as to ascertainment of rateable value) shall have effect as if the reference in the definition of “non-industrial building” in that section to premises forming part, and taken into account in the valuation for rating purposes, of a water undertaking included a reference to any such premises transferred in accordance with a scheme under Schedule 2 to this Act to the Authority or a successor company; and
(b)section 43 of that Act (exemption of property of certain authorities) shall have effect, subject to that sub-paragraph, as if the references in that section to a water authority and to a drainage authority included references, respectively, to the Authority and to an internal drainage board.
57(1)Where any power to make byelaws is exercisable before the transfer date by a water authority or by any statutory water company, then in so far as that power is by virtue of this Act conferred (whether by being amended or by being re-enacted with modifications) on the Authority or on any other body—
(a)any byelaws made by a water authority or statutory water company in exercise of that power and in force immediately before that date shall have effect on and after the transfer date as if they had been made by the relevant body under the power conferred by virtue of this Act; and
(b)anything done under any provision of Schedule 7 to the 1973 Act or Schedule 4 to the [1976 c. 70.] Land Drainage Act 1976 shall have effect on and after that date as if it had been done under the corresponding provision of Schedule 24 to this Act and, if it was done (in the case of byelaws made by a water authority) by or in relation to that authority, as if it had been done by or in relation to the relevant body;
and references (however framed) in any byelaws which have effect by virtue of this paragraph to the body which made the byelaws shall have effect accordingly.
(2)For the purposes of this paragraph any byelaws in force immediately before the transfer date by virtue of—
(a)paragraph (c) of section 22(6) of the [1968 c. 41.] Countryside Act 1968 (byelaws preventing sewage etc. from entering a waterway); or
(b)section 18 of the 1945 Act (byelaws preventing pollution of water of undertakers),
shall have effect on and after that date as if the power to make byelaws under section 158 of this Act included power to make such byelaws as could be made under the said paragraph (c) or the said section 18.
(3)Notwithstanding any repeal by this Act, the provisions of subsections (2) to (5) of section 18 of the 1945 Act and of subsection (2), (4) and (5) of section 19 of that Act and, in relation to those provisions, the provisions of Part V of that Act shall have effect in relation to any byelaws under section 18 of that Act having effect by virtue of sub-paragraphs (1) and (2) above—
(a)as they had effect in relation to those byelaws immediately before the transfer date; but
(b)as if any references in those provisions of sections 18 and 19 of the 1945 Act to the statutory water undertakers who made the byelaws were references to the relevant body;
and every duty imposed on a water undertaker by virtue of paragraph (b) above shall be enforceable under section 20 of this Act by the Secretary of State.
(4)Without prejudice to the power of the Secretary of State under the [1974 c. 40.] Control of Pollution Act 1974 to bring the repeal of section 18 of the 1945 Act into force, the power of the Secretary of State under section 111 of this Act to make an order for the purposes specified in that section shall include power, by an order under that section—
(a)to modify the operation of sub-paragraphs (1) to (3) above in relation to any byelaws made under the said section 18 and having effect by virtue of those sub-paragraphs; and
(b)to revoke or amend any such byelaws.
(5)Without prejudice to the power conferred by virtue of sub-paragraph (4) above, the Secretary of State shall not be required to hold a local inquiry before exercising his power under paragraph 5 of Schedule 24 to this Act to revoke any byelaw having effect by virtue of sub-paragraph (2) above.
(6)Nothing in this Act shall, in relation to any byelaws made before the transfer date and continuing to have effect on and after that date, alter the area in relation to which those byelaws have effect.
(7)In this paragraph “the relevant body”, in relation to any byelaws—
(a)in the case of byelaws made by a statutory water company, means that company;
(b)in the case of byelaws made by a water authority under section 22(6) of the [1968 c. 41.] Countryside Act 1968 (byelaws with respect to certain waterways) with respect to any waterway or land which on and after the transfer date is owned by the water authority’s successor company or (without being owned by the Authority) is managed by that company, means that company; and
(c)in any other case, means the Authority.
58Nothing in this Act or in any scheme under Schedule 2 to this Act shall have the effect, in relation to any criminal liability of a water authority in respect of an offence committed before the transfer date, of transferring that liability to the Authority or to the water authority’s successor company.
59Where any period of time—
(a)is specified in any enactment to which a provision of this Act corresponds (whether by virtue of its being the re-enactment, with or without modifications, of the whole or any part of that enactment or by virtue of any provision having effect for the purposes of this Schedule); or
(b)is specified in an enactment any function under which is transferred by virtue of any provision of this Act from a water authority to any other person,
then, if any period is current for the purposes of that enactment on the day on which the said provision of this Act comes into force, so much of the period as has expired before that day shall be taken into account, in relation to anything done before that day which is treated as done under that provision or, as the case may be, by or in relation to that person, as if that provision had been in force when the period began to run.