Water Act 1989

57 (1) Where any power to make byelaws is exercisable before the transfer date by a water authority or by any statutory water company, then in so far as that power is by virtue of this Act conferred (whether by being amended or by being re-enacted with modifications) on the Authority or on any other body—

(a) any byelaws made by a water authority or statutory water company in exercise of that power and in force immediately before that date shall have effect on and after the transfer date as if they had been made by the relevant body under the power conferred by virtue of this Act; and

(b) anything done under any provision of Schedule 7 to the 1973 Act or Schedule 4 to the [1976 c. 70.] Land Drainage Act 1976 shall have effect on and after that date as if it had been done under the corresponding provision of Schedule 24 to this Act and, if it was done (in the case of byelaws made by a water authority) by or in relation to that authority, as if it had been done by or in relation to the relevant body;

and references (however framed) in any byelaws which have effect by virtue of this paragraph to the body which made the byelaws shall have effect accordingly.

(2) For the purposes of this paragraph any byelaws in force immediately before the transfer date by virtue of—

(a) paragraph (c) of section 22(6) of the [1968 c. 41.] Countryside Act 1968 (byelaws preventing sewage etc. from entering a waterway); or

(b) section 18 of the 1945 Act (byelaws preventing pollution of water of undertakers),

shall have effect on and after that date as if the power to make byelaws under section 158 of this Act included power to make such byelaws as could be made under the said paragraph (c) or the said section 18.

(3) Notwithstanding any repeal by this Act, the provisions of subsections (2) to (5) of section 18 of the 1945 Act and of subsection (2), (4) and (5) of section 19 of that Act and, in relation to those provisions, the provisions of Part V of that Act shall have effect in relation to any byelaws under section 18 of that Act having effect by virtue of sub-paragraphs (1) and (2) above—

(a) as they had effect in relation to those byelaws immediately before the transfer date; but

(b) as if any references in those provisions of sections 18 and 19 of the 1945 Act to the statutory water undertakers who made the byelaws were references to the relevant body;

and every duty imposed on a water undertaker by virtue of paragraph (b) above shall be enforceable under section 20 of this Act by the Secretary of State.

(4) Without prejudice to the power of the Secretary of State under the [1974 c. 40.] Control of Pollution Act 1974 to bring the repeal of section 18 of the 1945 Act into force, the power of the Secretary of State under section 111 of this Act to make an order for the purposes specified in that section shall include power, by an order under that section—

(a) to modify the operation of sub-paragraphs (1) to (3) above in relation to any byelaws made under the said section 18 and having effect by virtue of those sub-paragraphs; and

(b) to revoke or amend any such byelaws.

(5) Without prejudice to the power conferred by virtue of sub-paragraph (4) above, the Secretary of State shall not be required to hold a local inquiry before exercising his power under paragraph 5 of Schedule 24 to this Act to revoke any byelaw having effect by virtue of sub-paragraph (2) above.

(6) Nothing in this Act shall, in relation to any byelaws made before the transfer date and continuing to have effect on and after that date, alter the area in relation to which those byelaws have effect.

(7) In this paragraph “the relevant body”, in relation to any byelaws—

(a) in the case of byelaws made by a statutory water company, means that company;

(b) in the case of byelaws made by a water authority under section 22(6) of the [1968 c. 41.] Countryside Act 1968 (byelaws with respect to certain waterways) with respect to any waterway or land which on and after the transfer date is owned by the water authority’s successor company or (without being owned by the Authority) is managed by that company, means that company; and

(c) in any other case, means the Authority.