The Water (Consequential Amendments) Regulations 1989

Statutory Instruments

1989 No. 1968

WATER, ENGLAND AND WALES

The Water (Consequential Amendments) Regulations 1989

Made

25th October 1989

Laid before Parliament

3rd November 1989

Coming into force

27th November 1989

The Secretary of State for the Environment, and the Secretary of State for Wales, being satisfied that it is expedient by reason of the coming into force of provisions of the Water Act 1989(1) to make additional consequential amendments of the public general enactments and subordinate legislation specified in these Regulations, and acting jointly in exercise of the powers conferred on them by sections 185(2)(e) and 190 of that Act, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Water (Consequential Amendments) Regulations 1989 and shall come into force on 27th November 1989.

Amendments of public general enactments

2.  The enactments listed in column (1) of Schedule 1 to these Regulations are amended to the extent indicated in column (2) of that Schedule.

Amendments of subordinate legislation

3.  The instruments listed in column (1) of Schedule 2 are amended to the extent indicated in column (2) of that Schedule.

Chris Patten

Secretary of State for the Environment

24th October 1989

Peter Walker

Secretary of State for Wales

25th October 1989

Regulation 2

SCHEDULE 1 AMENDMENTS OF PUBLIC GENERAL ENACTMENTS

(1)	(2)
Enactment	Amendment
Section 3 (grant toward expenses of local and police authorities) of the Civil Defence Act 1948(2)	In subsection (1) the words“, and towards expenses incurred by statutory water undertakers as defined in section one of the Water Act, 1948, not being local authorities, in or in connection with civil defence,” shall be omitted.
Section 5 (byelaws for regulation, etc. of sea fisheries) of the Sea Fisheries Regulation Act 1966(3)	Subsection (1)(c) shall be omitted.

Regulation 3

SCHEDULE 2 AMENDMENTS OF SUBORDINATE LEGISLATION

(1)	(2)	(3)
Instrument	Reference	Amendment
The Town and Country Planning General Development Order 1988	S.I. 1988/1813	In Class A(g) of Part 15 and Class E(f) of Part 17 of Schedule 2, after the words“the Drought Act 1976” there shall be inserted the words“or section 131 or 132 of the Water Act 1989”.
The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988	S.I. 1988/1199	In regulation 8(6)(b)(i) for the words“a water authority” there shall be substituted the words“the National Rivers Authority”.
The Collection and Disposal of Waste Regulations 1988	S.I. 1988/819	In Schedule 6, for paragraph 6(1)(c) there shall be substituted the following– “(c) made by the National Rivers Authority, a sewerage undertaker or a water undertaker in the exercise of its functions, other than waste from dredging operations.”.
The Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987	S.I. 1987/2186	(a) For paragraph 11(n) of Schedule 2 there shall be substituted the following– “(n) the National Rivers Authority,”; and (b) In Part I of Schedule 3, in paragraph 7 for the words“a water authority” there shall be substituted the words“the National Rivers Authority, a sewerage undertaker or a water undertaker”.
The Food Protection (Emergency Prohibitions) (Wales) (No. 5) Order 1987	S.I. 1987/1894	In paragraph 1 of the Schedule, for the words“Severn-Trent Water Authority” there shall be substituted the words“Severn Trent Water Limited”.
The Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 1987	S.I. 1987/1345	In article 6(2)(g) for the words“the Northumbrian Water Authority” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (Teeside Urban Development Area) Special Development Order 1987	S.I. 1987/1344	In article 6(2)(g) for the words“the Northumbrian Water Authority” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (Black Country Urban Development Area) Special Development Order 1987	S.I. 1987/1343	In article 6(2)(g) for the words“the Severn-Trent Water Authority” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (Trafford Park Urban Development Area) Special Development Order 1987	S.I. 1987/738	In article 6(2)(g) for the words“the North West Water Authority” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (London Docklands Urban Development Area) Special Development Order 1981	S.I. 1981/1082	In article 7(2)(h) for the words“the water authority exercising functions in the area in which the development is to take place” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (Merseyside Urban Development Area) Special Development Order 1981	S.I. 1981/560	In article 7(1)(g) for the words“the water authority exercising functions in the area in which the development is to take place” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (New Towns in Rural Wales) Special Development Order 1977	S.I. 1977/815	In article 8(1)(f) for the words“the regional water authority exercising functions in the area in which the development is to take place or the Welsh Water Authority, as appropriate” there shall be substituted the words“the National Rivers Authority”.
The Town and Country Planning (New Towns) Special Development Order 1977	S.I. 1977/665	In article 8(1)(g) for the words“the regional water authority exercising functions in the area in which the development is to take place or the Welsh Water Authority, as appropriate” there shall be substituted the words“the National Rivers Authority”.
The Local Government Area Changes Regulations 1976	S.I. 1976/246	(a) In regulation 18(2)– (i) for the words“arrangements made under section 15 of the Water Act 1973” there shall be substituted the words“arrangements entered into, or treated as entered into(4), for the purposes of section 73 of the Water Act 1989”; and (ii) for the words“a water authority” and“the water authority’s area” there shall be substituted the words“a sewerage undertaker” and“the sewerage undertaker’s area”, respectively;
		(b) in regulation 44(5)– (i) in the definition of“specified area” the words“water authority area” shall be omitted; (ii) in the definition of“specified authority” the words“water authority” shall be omitted; and (c) in regulation 85(1) sub-paragraphs (d) and (e) shall be omitted.
The Civil Defence (Grant) Regulations 1953	S.I. 1953/1777	Regulation 9 shall be omitted.

Explanatory Note

(This note is not part of the Regulations)

These Regulations are consequential on the Water Act 1989. Regulation 2 amends the public general enactments listed in Schedule 1 and regulation 3 amends the items of subordinate legislation listed in Schedule 2.

(1)

1989 c. 15; see section 189(9) as to the joint exercise of functions exercisable concurrently.

(2)

1948 c. 5 (12 & 13 Geo. 6).

(3)

1966 c. 38.

(4)

See paragraph 15(2) of Schedule 26 to the Water Act 1989.