The Water Authorities etc. (Miscellaneous Provisions) Order 1974

Application of certain enactments within London excluded area

13.—(1) In this article, unless the context otherwise requires—

“inland water” has the same meaning as in the 1963 Act;

“the London excluded area” means so much of Greater London, and of any area adjoining Greater London, as did not on 31st March 1974 lie within the Thames catchment area, the Lee catchment area or the area of any river authority;

“the Licences Regulations” means the Water Resources (Licences) Regulations 1965(1) as amended(2) ;

(2) In relation to any inland water which on 31st March 1974 was within the London excluded area, and to the water in or comprising any such inland water, and in relation to the water in or comprising that part of the Thames below low water mark of ordinary spring tides which lies outside that area but within the area of the Thames Water Authority upstream of the boundary between the areas of that authority and the Southern Water Authority, the provisions of the 1963 Act shall, unless the context otherwise requires, have effect as if—

(a) the expression“the second appointed day” meant 1st April 1975, and the definition of that expression in section 135(1) were construed accordingly;

(b) in section 56(5) for the words “with the coming into operation of a charging scheme prepared by that river authority under Part V of this Act” there were substituted the words “on 1st April 1976”;

(c) for the words “the passing of this Act” wherever they occur there were substituted “1st April 1974”.

(3) In relation to any such inland water, or to any such water, as is specified in paragraph (2) above, the provisions of the Licences Regulations shall, unless the context otherwise requires, have effect as if—

(a) in regulation 7 (application for licence of right), regulation 10 (duties of water authority in dealing with applications) and Schedule 1 (Particulars to be included in applications), any reference to the year 1965 were a reference to the year 1975;

(b) in regulation 10(4)(a), for “31st March 1966” there were substituted “31st March 1976”;

(c) in Schedule 1, in column (1) of Table V of Model Forms 4 and 5, for “1961”, “1962”, “1963” and “1964” there were substituted “1971”, “1972”, “1973” and “1974” respectively;

(d) in Schedule 1, in paragraph 11(a) and (b) of Model Form 5, for “31st July 1963” there were substituted “1st April 1974”.

(4) For the purposes of the levying of charges under section 30 or 31 of the 1973 Act in respect of a licence of right granted by virtue of the provisions of this article, the licence shall be treated as not having effect until 1st April 1976.

(1)

(1965 I, p. 1479).

(2)

S.I. 1965/2082 (1965 III, p. 6132).