The Water Reorganisation (Pensions etc.) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations are consequential upon the Water Act 1989. Regulation 3 saves from the repeals made by the 1989 Act the provisions listed in Schedule 1 to the Regulations. Regulation 4 transfers to the National Rivers Authority certain liabilities of the water authorities in England and Wales to pay pensions, allowances and gratuities and to make other similar payments to or in respect of their members and employees and members and employees of certain bodies which formerly exercised functions connected with the supply of water or provision of sewerage services.

The transferred liabilities relate to payments in respect of which no funds were maintained by the water authorities. The liabilities imposed on the Authority by the Regulations will be financed by the Secretary of State in accordance with paragraph 2(5) of Schedule 26 to the Water Act 1989.

Regulation 5 transfers to the company which succeeds the Thames Water Authority liabilities relating to the payment of pensions etc. to former officers and servants of the Thames Conservancy and the Lee Conservancy Catchment Board.

Regulation 6 makes consequential provision relating to the discharge of the transferred liabilities. Regulation 7 requires the National Rivers Authority and the successor company to exercise any discretionary powers associated with the transferred liabilities in a way that is no less beneficial to the recipients than was the exercise of such powers by the water authorities. Regulation 8 provides for continuity in relation to the transferred liabilities.