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Water Act 1989

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This is the original version (as it was originally enacted).

97General powers of appointed companies

(1)Subject to the following provisions of this section, a statutory water company holding an appointment under Chapter I of this Part as a water undertaker for any area—

(a)shall have power to do anything (whether in that area or elsewhere) which, in the opinion of the company, is calculated to facilitate, or is conducive or incidental to, the carrying out of the functions which are functions of the company by virtue of the appointment;

(b)without prejudice to the generality of that power, shall have power, for the purposes of, or in connection with, the carrying out of those functions—

(i)to acquire and dispose of land and other property;

(ii)to carry out such engineering or building operations at such places (whether in that area or elsewhere) as the company considers appropriate; and

(iii)to supply water fittings to any person to whom they supply water and to install, repair and alter such a person’s water fittings, whether or not supplied by the company;

and

(c)without prejudice as aforesaid, shall have power—

(i)to provide for any person outside the United Kingdom advice or assistance, including training facilities, as respects any matter in which the company has skill or experience;

(ii)to become a member of any body formed for the purpose of promoting the interests of water undertakers or any description of water undertakers; and

(iii)to make donations and incur expenditure for the benefit of its officers and employees and in particular to pay, or make provision (whether by contributory or non-contributory schemes or otherwise) for the payment of, pensions, allowances or gratuities to or in respect of any persons who have been or are officers or employees of the company.

(2)Nothing in this section with respect to the carrying out of works shall be construed as conferring any power otherwise than for the purpose of removing such a limitation on the capacity of a statutory water company as would, apart from this section, exist by virtue of the company’s constitution; and, accordingly, without prejudice to the provisions of Part IV of this Act, this section shall be disregarded for the purpose of determining whether a statutory water company is liable, on grounds other than such a limitation, for any act or omission in exercise of a power to carry out works conferred by this section.

(3)Nothing in this section shall be construed as authorising a statutory water company to carry on the business of a manufacturer of water fittings.

(4)In this section—

  • “supply”, in relation to water fittings, has the same meaning as it has in Part II of the [1987 c. 43.] Consumer Protection Act 1987 by virtue of section 46 of that Act; and

  • “water fittings” has the same meaning as in Chapter II of this Part.

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