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Water Act 1948 (repealed 1.12.1991)

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[F12 Combination of certain orders under Principal Act.E+W

(1)Subject to the provisions of this section, an order under section twenty-three of the principal Act, made on the application of persons who propose to become statutory water undertakers and authorising those persons to supply water, may provide—

(a)for transferring to the applicants, whether by agreement or compulsorily, the undertaking or part of the undertaking of any water undertakers, whether statutory or not;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2)Subject to the provisions of this section, an order under section nine of the principal Act, providing for the constitution of a joint board or joint committee of two or more statutory water undertakers or for the amalgamation of the undertakings or parts of the undertakings of two or more statutory water undertakers, may make provision, in relation to the undertakers constituted by the order, for any purpose authorised by the last foregoing subsection in relation to the applicants for an order under section twenty-three of the principal Act, and may provide—

(a)for authorising the undertakers to construct, acquire by agreement, alter or continue, and to maintain, waterworks and works connected therewith;

(b)for authorising the undertakers to raise capital or borrow money for any purposes of their water undertaking.

(3)An order under section twenty-three or section nine of the principal Act which makes provision for any purpose authorised by this section may contain such incidental, consequential and supplementary provisions as the Minister thinks necessary or expedient for that purpose, including provisions for the amendment or repeal of any local enactment and for the transfer of property and liabilities:

Provided that no such order shall, except as provided by section three of this Act, empower the undertakers to acquire compulsorily any land, or shall vary . . . F4 the amount of compensation water required by any enactment to be discharged into any water course or the periods during which or the manner in which such compensation water is required to be discharged.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(6)Notwithstanding anything in section twenty-three of the principal Act, paragraph 8 of the First Schedule to that Act (which provides that in certain circumstances an order shall be subject to special parliamentary procedure) shall apply to any order under that section which makes provision for any of the matters specified in subsection (1) of this section.]

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