Water Act 1973

PART I National Policy and Central and Local Organisation

National policy

1 National policy for water

(1) It shall be the duty of the Secretary of State and the Minister of Agriculture, Fisheries and Food (in this Act referred to as " the Minister") to promote jointly a national policy for water in England and Wales and so to discharge their respective functions under subsections (2) and (3) below as to secure the effective execution of that policy by the bodies responsible for the matters mentioned in those subsections.

(2) It shall be the duty of the Secretary of State to secure the effective execution of so much of that policy as relates to—

(a) the conservation, augmentation, distribution and proper use of water resources, and the provision of water supplies;

(b) sewerage and the treatment and disposal of sewage and other effluents;

(c) the restoration and maintenance of the wholesomeness of rivers and other inland water ;

(d) the use of inland water for recreation;

(e) the enhancement and preservation of amenity in connection with inland water; and

(f) the use of inland water for navigation.

(3) It shall be the duty of the Minister to secure the effective execution of so much of that policy as relates to land drainage and to fisheries in inland and coastal waters.

(4) Accordingly in the following provisions of this Act " the appropriate Minister or Ministers " means—

(a) in relation to a matter falling exclusively within subsection (2) above, the Secretary of State ;

(b) in relation to a matter falling exclusively within subsection (3) above, the Minister; and

(c) in relation to a matter falling partly within one and partly within the other of those subsections, both the Secretary of State and the Minister acting jointly;

and " the Ministers " means both the Secretary of State and the Minister acting jointly.

(5) It shall be the duty of the Welsh National Water Development Authority established under section 2 below to consider and advise the appropriate Minister or Ministers on any matter concerning that part of the national policy for water which falls to be executed by the Authority and on any other matters (including matters for which the Authority are not responsible) referred to the Authority by the appropriate Minister or Ministers.

(6) It shall be the duty of the Secretary of State to collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England and Wales.

(7) The Secretary of State may also (in so far as he considers it appropriate to do so) collaborate with others in collating and publishing the like information relating to the demand for water, and to water resources, whether in England and Wales or elsewhere.

Water authorities

2 Establishment of water authorities

(1) For the purpose of exercising functions conferred on them by or by virtue of Part II of this Act, there shall be established in accordance with the following provisions of this section authorities to be known as regional water authorities, being the authorities named in column 1 of Schedule 1 to this Act, and also an authority to be known as the Welsh National Water Development Authority (in this Act referred to as " the Welsh authority ").

(2) Subject to subsection (5) below and Part IV of Schedule 5 to this Act—

(a) the regional water authorities shall exercise their functions as respects the existing areas described in column 2 of Schedule 1 to this Act (being, in general, areas established for the purposes of functions relating to water resources or land drainage); and

(b) the Welsh authority shall exercise their functions as respects the existing areas of the Dee and Clwyd, Glamorgan, Gwynedd, South West Wales, Usk and Wye River Authorities.

In this subsection any reference to an existing area is a reference to that area as existing immediately before the passing of this Act except that, in the case of an area which is altered after the passing of this Act under any enactment other than this section, it is a reference to the altered area.

(3) In this Act and any other enactment " water authority " means an authority established in accordance with this section and " water authority area " means, in relation to any functions of a water authority, the area as respects which the water authority are for the time being to exercise those functions.

(4) Each of the authorities mentioned in subsection (1) above shall be established by an order made by the Ministers and shall come into existence on a day appointed by the order, and—

(a) the order or orders establishing the regional water authorities shall be made not later than one month after the passing of this Act; and

(b) the order establishing the Welsh authority shall be made in accordance with section 3(10) below.

(5) The Ministers may by order change the name of any water authority or alter the boundaries of a water authority area for the purposes of any functions specified in the order.

(6) Without prejudice to any power exercisable by virtue of section 34 below, an order under this section may contain such transitional, incidental, supplementary or consequential provision as the Ministers consider necessary or expedient for the purposes of the order.

(7) Part I of Schedule 2 to this Act shall have effect in relation to the boundaries of water authority areas, Part II of that Schedule shall have effect in relation to maps of such areas and of watercourses in them and Part III shall have effect in relation to the alteration of such boundaries.

(8) The supplementary provisions contained in Part I of Schedule 3 to this Act and the administrative and financial provisions contained in Part III of that Schedule shall have effect with respect to water authorities.

3 Members of water authorities

(1) A regional water authority shall consist of the following members, that is to say—

(a) a chairman appointed by the Secretary of State;

(b) such number of members appointed by the Minister as may be specified in an order under section 2 above, being not less than two or more than four;

(c) such number of members appointed by the Secretary of State as may be so specified ; and

(d) such number of members as may be so specified appointed by local authorities in accordance with subsections (6) to (8) below ;

and any such order shall be so framed that the total number of members appointed by the Secretary of State and the Minister is less than the number of those appointed by local authorities.

(2) The members appointed by the Minister shall be persons who appear to him to have had experience of, and shown capacity in, agriculture, land drainage or fisheries.

(3) The members appointed by the Secretary of State shall be persons who appear to the Secretary of State to have had experience of, and shown capacity in, some matter relevant to the functions of water authorities.

(4) One of the members of the Severn-Trent Water Authority appointed by the Secretary of State shall be a member of the Welsh authority.

(5) In appointing the members of a regional water authority the Minister concerned shall have regard to the desirability of members of the authority being familiar with the requirements and circumstances of the authority's area.

(6) Subject to subsections (8) and (9) below, if a quarter or more of the population of any county is resident within the area of a regional water authority, then,—

(a) in the case of a metropolitan county, the county council may appoint two members, and the councils of the districts within the county may between them appoint two members, of the water authority;

(b) in the case of a non-metropolitan county or of a county in Wales, the county council may appoint one member, and the councils of the districts within the county may between them appoint one member, of the water authority;

and if one-sixth or more, but less than one-fourth, of die population of any county is resident within that area, the county council may, after consultation with the councils of the districts within the county and wholly or partly within that area appoint one member of the water authority.

Where the area of a water authority is different for different functions, that area shall be taken for the purposes of this subsection to be the area as respects which the authority discharge any functions or, as respects the period between the passing of this Act and 1st April 1974, the area as respects which they will discharge any functions as from that date.

(7) In the case of the Thames Water Authority, the Greater London Council may appoint ten members, and the London borough councils and the Common Council of the City of London may between them appoint ten members, of the Authority.

(8) In the case of the South West Water Authority, the Cornwall and Devon county councils may each appoint two members, the councils of the districts in Cornwall may between them appoint two members, and the councils of the districts in Devon may between them appoint two members, of the Authority.

(9) The Ministers may by order vary the membership of any regional water authority, but any such order which makes different provision in relation to a regional water authority from the provision made by this section in relation to that authority shall not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

(10) The constitution of the Welsh authority shall be prescribed by the order establishing it under section 2 above, but—

(a) an order establishing that authority or any order varying the constitution of the authority shall not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament; and

(b) a draft of the order establishing that authority shall be so laid not later than one month after the passing of this Act.

In reckoning that period for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(11) An order made under or by virtue of this section which is required to be laid before Parliament shall, notwithstanding that it makes different provision in relation to one water authority from the provision made by this section or any order under it in relation to any other water authority or authorities, proceed in Parliament as if its provisions would, apart from this section, require to be enacted by a public Bill which cannot be referred to a select or other committee of either House under the Standing Orders of either House relating to Private Bills.

(12) Members of a water authority appointed by a local authority or authorities may be members of that authority or one of those authorities or other persons.

(13) Any member of a water authority so appointed who at the time of his appointment was a member of the local authority or of one of the local authorities appointing him shall, if he ceases to be a member of that local authority, cease also to be a member of the water authority at the expiration of the period of three months beginning with the date when he ceases to be a member of the local authority or on the appointment of another person in his place, whichever first occurs; but for the purposes of this subsection a member of a local authority shall not be deemed to have ceased to be a member of the local authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

National Water Council

4 Establishment and functions of National Water Council

(1) There shall be established a Council, to be called the National Water Council, which shall come into existence on such day as may be appointed by order made by the Ministers.

(2) The Council shall consist of—

(a) a chairman appointed by the Secretary of State;

(b) the chairmen of the water authorities ; and

(c) not more than ten other members, of whom not more than eight shall be appointed by the Secretary of State and not more than two shall be appointed by the Minister.

(3) The members of the Council other than the chairman of the Council and the chairmen of the water authorities shall be persons appearing to the Secretary of State or the Minister, as the case may be, to have special knowledge of matters relevant to the functions of the water authorities.

(4) Parts II and III of Schedule 3 to this Act shall have effect with respect to the Council.

(5) It shall be the duty of the Council—

(a) to consider, and advise any Minister on, any matter relating to the national policy for water, and to consider and advise any Minister and the water authorities on any other matter of common interest to those authorities, including in either case any such matter as may be referred to the Council by any Minister;

(b) to promote and assist the efficient performance by water authorities of their functions, and in particular their functions relating to research and their functions with respect to the preparation, review and provision of plans under section 24 below;

(c) to consider and advise any Minister on any matter on which the Council are consulted by him in pursuance of a requirement imposed by this Act;

(d) with a view to the establishment throughout the United Kingdom of a scheme for the testing and approval of water fittings for ascertaining whether they comply with regulations and byelaws for preventing the waste, misuse or contamination of water, to consult with statutory water companies in England and Wales, regional water boards and water development boards in Scotland, the Ministry of Development in Northern Ireland, the Greater London Council and such associations of manufacturers, professional associations, local authority associations, trades unions and other organisations as the Council think appropriate;

(e) to prepare, after consultation with statutory water companies and with such associations of employees and such educational and other authorities or bodies (including authorities and bodies in Scotland and Northern Ireland) as the Secretary of State may direct, a scheme for training and education in connection with the services provided in England and Wales by water authorities and the corresponding services provided in Scotland and Northern Ireland and, in so far as appears to the Council after the like consultations to be appropriate, the provision by the Council of facilities or assistance by the Council in the provision of facilities by others.

(6) If the Council establish any such scheme as is mentioned in subsection (5)(d) above, they shall secure that the scheme is administered by a committee of the Council which includes among its members persons representing the interests of regional water boards and water development boards in Scotland and of the Ministry of Development in Northern Ireland.

(7) As soon as may be after preparing a scheme under subsection (5)(e) above the Council shall submit it to the Secretary of State for his approval and—

(a) the Secretary of State may approve the scheme, with or without modifications ; and

(b) the Council shall implement the scheme as so approved.

(8) The Council may from time to time, after the like consultation as is mentioned in subsection (5)(e) above, prepare amendments to any scheme for the time being in force under subsection (7) above, and subsection (7) shall apply to the scheme as amended as it applies to the original scheme.

(9) The Council may furnish to any person or body for the benefit of any country or territory outside the United Kingdom technical assistance in connection with training and education in relation to any services corresponding to those provided in England and Wales by water authorities.

(10) The appropriate Minister or Ministers may, after consultation with the Council, give to the Council—

(a) directions of a general character as to the exercise and performance by the Council of their functions in relation to matters which appear to the appropriate Minister or Ministers to affect the execution of the national policy for water or otherwise to affect the national interest; and

(b) directions to discontinue any activity, either wholly or to a specified extent, or not to extend any activity or not to extend it beyond specified limits.

(11) A direction under subsection (10)(b) above shall be given by statutory instrument, of which a draft shall be laid before Parliament.

(12) The Council shall have power, if so authorised by any two or more water authorities, to perform services for or to act on behalf of those bodies in relation to matters of common interest to them; and if the Council perform services on behalf of water authorities, they may perform similar services on behalf of statutory water companies in England and Wales and public authorities and other bodies in Scotland, Northern Ireland, the Channel Islands and the Isle of Man who have functions similar to any of those exercisable in England or Wales by a water authority.

Supplementary provisions as to water authorities

5 Directions to water authorities

(1) The Minister may give water authorities directions of a general character as to the exercise by such authorities of their functions with respect to fisheries and land drainage, so far as the exercise of those functions appears to the Minister to affect the execution of the national policy for water or otherwise to affect the national interest

(2) The Secretary of State may give water authorities directions of a general character as to the exercise by such authorities of any other functions of theirs, so far as the exercise of those functions appears to the Secretary of State to affect the execution of the national policy for water or otherwise to affect the national interest.

(3) A direction under this section may be given either to a particular water authority or to water authorities generally, but before giving a direction to water authorities generally the appropriate Minister or Ministers shall consult the Council about the proposed direction.

6 Arrangements for discharge of functions of water authorities

(1) Subject to any express provision contained in this Act or any Act passed after this Act, a water authority may arrange for the discharge of any of their functions—

(a) by a committee, a sub-committee or an officer of the authority; or

(b) by any other water authority ;

and two or more water authorities may arrange to discharge any of their functions jointly or may arrange for the discharge of any of their functions by a joint committee of theirs.

(2) Where by virtue of this section any functions of a water authority or two or more water authorities may be discharged by a committee, then, unless the authority or authorities otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or by an officer of the authority or one of those authorities, and where by virtue of this section any such functions may be discharged by a sub-committee, then, unless the water authority or authorities or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority or one of those authorities.

(3) A water authority may not make arrangements under this section for the discharge of any functions, so far as they are exercisable by their regional land drainage committee or any of their local land drainage committees, and may not make any such arrangements for the discharge of the authority's functions with respect to issuing precepts, making drainage charges or borrowing money.

(4) Any arrangements made by a water authority under this section for the discharge of any functions shall not prevent the authority from discharging those functions.

(5) References in the foregoing provisions of this section to the discharge of any functions of a water authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(6) For the purpose of discharging any functions in pursuance of arrangements under this section—

(a) a water authority may appoint a committee of the authority; or

(b) two or more water authorities may appoint a joint committee of those authorities; or

(c) any such committee may appoint one or more sub-committees ;

and the number of members of any such committee and their term of office shall be fixed by the appointing authority or authorities, or, in the case of a sub-committee, by the appointing committee.

(7) A committee appointed under subsection (6) above may include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee shall be members of that authority or those authorities, as the case may be.

(8) A water authority may appoint a committee, and two or more water authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities ; and

(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

(9) A person who is disqualified for being a member of a water authority shall be disqualified also for being a member of a committee or sub-committee appointed under this section.

7 Supply of goods and services, etc.

(1) The powers conferred by section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 (supply of goods and services to local authorities and public bodies)—

(a) shall be exercisable by a local authority within the meaning of that section as if a water authority and the Council were each a public body within the meaning of that section;

(b) shall be exercisable by a water authority as if another water authority, any such local authority or a development corporation, and no other body, were a public body within the meaning of that section ; and

(c) shall, so far as concerns the discharge of sewerage or sewage disposal functions, be exercisable by a development corporation as if a water authority, and no other body, were a public body within the meaning of that section.

(2) A water authority may require an existing local authority who between the passing of this Act and 1st April 1974 are discharging functions transferred by this Act to the water authority or, where that local authority is abolished by the 1972 Act, the local authority or one of the local authorities who replace the abolished authority, to enter into an agreement under section 1(1) of the said Act of 1970 with the water authority for a period of not more than five years from that date, and it shall be the duty of the local authority who have been so required to enter into such an agreement, unless it is determined by the Secretary of State that the requirement is unreasonable having regard to the discharge of those functions immediately before that date and the operation of any enactment which comes into force on that date.

(3) An existing local authority who between the passing of this Act and 1st April 1974 discharge functions transferred by this Act to a water authority, or, where that local authority is abolished by the 1972 Act, the local authority or one of the local authorities who replace the abolished authority, may require the water authority to enter into an agreement under section 1(1) of the said Act of 1970 with the requiring authority for a period of not more than five years from that date, and it shall be the duty of the water authority to enter into such an agreement, unless it is determined by the Secretary of State that the requirement is unreasonable having regard to the circumstances of the existing local authority immediately before that date and the operation of any enactment which comes into force on that date.

(4) If an authority who have required another authority, and an authority who have been required, to enter into an agreement under subsection (2) or (3) above, are unable to agree on all or any of the terms of the agreement, the terms or term may be determined by the Secretary of State ; and any question whether a local authority replace an existing local authority shall also be determined by him.

(5) A water authority and a statutory water company may enter into an agreement providing that either of the parties shall do any of the following things, that is to say—

(a) supply goods or materials to the other party ;

(b) provide administrative, professional or technical services for the other party;

(c) allow the other party to use any vehicle, plant or apparatus and, without prejudice to paragraph (b) above, place at the disposal of the other party the services of any person employed in connection with the vehicle or other property in question ;

(d) carry out works of maintenance in connection with land or buildings for the maintenance of which the other party is responsible ;

and any such agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

(6) Either party to an agreement under subsection (5) above may purchase and store any goods or materials which in their opinion they may require for the purposes of paragraph (a) of that subsection, but nothing in paragraphs (a) to (c) of that subsection shall authorise a party to any such agreement to construct any buildings or works.

8 Rationalisation of holdings of property, and of functions

(1) It shall be the duty of every water authority to consider, in consultation with any other water authority concerned, the desirability, in the interest of rationalisation, of doing either or both of the following, that is to say—

(a) altering the boundaries of their area for the purposes of any functions of theirs;

(b) transferring property of theirs to some other water authority.

(2) In discharging their duty to consider the desirability of altering the boundaries of their area for the purposes of any functions, a water authority shall first consider those boundaries which are different for the purposes of different functions, and in discharging their duty to consider the desirability of transferring any property, they shall first consider any property of theirs held for the purposes of any functions which is situated outside their area as constituted for the purposes of those functions.

(3) If a water authority decide that it is desirable to do either or both of the things mentioned in subsection (1) above, they shall make a recommendation to the appropriate Minister or Ministers accordingly, and the appropriate Minister or Ministers may—

(a) if the water authority recommend the alteration of the boundaries of their area, make an order under section 2 above altering those boundaries in accordance with the recommendation; and

(b) if the water authority recommend the transfer of any property of theirs, make an order transferring that property and any rights or liabilities of theirs in connection therewith to a water authority specified in the recommendation.

(4) A statutory instrument containing an order under subsection (3)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Where a water authority area adjoins any part of Scotland, and it appears to the water authority that there may be water in watercourses or underground strata in that part of Scotland, or in the water authority area, which could be transferred from that part of Scotland to the water authority area, or from the water authority area to that part of Scotland, as the case may be, the water authority shall, in so far as they consider it appropriate to do so, consult with regional water boards, river purification authorities and other authorities in that part of Scotland with a view to securing the best use of that water in the public interest.

(6) In subsection (5) above " river purification authority " has the same meaning as in section 17 of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951.

PART II Functions of Water Authorities

9 Transfer to water authorities of functions of river authorities

Subject to Part IV of Schedule 5 to this Act and to the provisions of any instrument under this Act, the functions which immediately before 1st April 1974 are exercisable by river authorities as respects their respective areas under any enactment or instrument shall be exercisable by water authorities as respects water authority areas and accordingly, but subject to any such provision, in any enactment or instrument—

(a) any reference to a river authority or any reference which falls to be construed as a reference to a river authority shall, except where it is a reference to a specified river authority or is to be construed as such, be construed as a reference to a water authority; and

(b) any reference to a river authority area or any reference which falls to be construed as a reference to a river authority area shall, except where it is a reference to a specified area or is to be construed as such, be construed as a reference to a water authority area.

10 Water conservation

(1) It shall be the duty of each water authority to take all such action as the authority may from time to time consider necessary or expedient, or as directions under this Act or the [1963 c. 38.] Water Resources Act 1963 may require them to take, for the purpose of conserving, redistributing or otherwise augmenting water resources in their area, of securing the proper use of water resources in their area, or of transferring any such resources to the area of another water authority.

(2) The reference in this section to action for the purpose of augmenting water resources includes a reference to action for the purpose of treating salt water (whether taken from the sea or elsewhere) by any process for removing salt or other impurities.

11 Water supply

(1) It shall be the duty of a water authority to supply water within their area.

(2) It shall be the duty of every local authority to take such steps from time to time as may be necessary for ascertaining the sufficiency and wholesomeness of water supplies within their area and to notify the water authority of any insufficiency or unwholesomeness in those supplies.

(3) Where the following conditions are satisfied, that is to say—

(a) a local authority notify a water authority that the supply of water to specified premises in the local authority's area is insufficient or unwholesome to the extent of causing a danger to health ; and

(b) a supply of wholesome water by the water authority for domestic purposes is required for those premises and it is not practicable to provide such a supply in pipes, but is practicable to provide such a supply otherwise, at a reasonable cost;

it shall be the duty of the water authority to provide a supply of wholesome water otherwise than in pipes for domestic purposes to, or within a reasonable distance of, those premises.

(4) Any dispute between the local authority and the water authority as to the insufficiency or unwholesomeness of any supply of water or whether it causes a danger to health shall be determined by the Secretary of State.

(5) If any question arises under subsection (3) above whether or not any description of supply of water can be provided at a reasonable cost in the area of a local authority, the Secretary of State, if requested to do so by the local authority, by a parish or community council or by ten or more local government electors in that area, shall after consulting that authority and the water authority, determine that question, and the water authority shall give effect to his determination.

(6) Subject to subsections (7) and (9) below, any functions exercisable by statutory water undertakers as such under any enactment or instrument shall be exercisable also by water authorities and shall not be exercisable by local authorities, and accordingly (but subject as aforesaid) references in any enactment or instrument to statutory water undertakers as such shall be construed as references to water authorities, statutory water companies, joint water boards and joint water committees, and to no other body.

(7) The following provisions shall have effect with respect to the supply of water:—

(a) in sections 27, 36 and 37 of the [1945 c. 42.] Water Act 1945 (miscellaneous duties as to the supply of water) references to statutory water undertakers shall be construed as references only to water authorities ;

(b) subject to any provision to the contrary contained in any instrument made under or by virtue of this Act, Parts VII and IX of Schedule 3 to that Act (supply of water for domestic purposes, and duties as to constancy of supply and pressure) shall apply throughout every water authority area, whether or not applied by or under any other enactment; and

(c) references in those Parts to statutory water undertakers shall be construed as references only to water authorities.

(8) Section 10 of that Act (variation of limits of supply) shall not authorise the Secretary of State to vary the boundary between two water authority areas.

(9) No functions shall be exercisable by local authorities under Part IV of the [1936 c. 49.] Public Health Act 1936, except under sections 123, 124(1) and (2), 125(1) and (2), 137, 138, 140 and 141, and accordingly that Part of that Act, except those provisions and section 142, shall cease to have effect.

(10) In this section, except subsection (6), " local authority " does not include a county council or the Greater Loudon Council.

12 Supply of water by statutory water companies on behalf of water authorities

(1) Where the area of a water authority includes the whole or part of the limits of supply of a statutory water company, the authority shall discharge their duties with respect to the supply of water within those limits through the company.

(2) Where it appears to a water authority that subsection (1) above will apply to their area on 1st April 1974 they shall, on or before 1st November 1973, or such later date as the Secretary of State may authorise in the case of that authority generally or in any particular case, send to the company concerned a draft of arrangements to be entered into between the authority and the company whereby the company undertake to act on behalf of the authority for the purposes of that subsection and provision is made for such incidental, supplementary and consequential matters (including matters of a financial nature) as the authority think desirable.

(3) Arrangements for the purposes of subsection (1) above may include provision for—

(a) the management or operation of sources of supply;

(b) the supply of water in bulk by or to the company;

(c) the company's charges for the supply of water.

(4) If, within a period of two months beginning with the date on which a draft of any such arrangements was sent by a water authority to the company, the water authority and the company have not entered into the arrangements, the water authority shall, within seven days of the end of that period, notify the Secretary of State of that fact and the Secretary of State shall settle the terms of the arrangements, which shall, subject to subsection (5) below, be binding on the authority and the company.

(5) The parties to any arrangements in force by virtue of the foregoing provisions of this section, as varied (if it be the case) under this subsection, may vary the arrangements or either of the parties may, in default of agreement, apply to the Secretary of State to vary the arrangements and the Secretary of State may by direction to the parties vary the arrangements in a manner specified in the direction and the arrangements as varied shall, subject to a further application of this subsection, be binding on the parties.

(6) The Secretary of State shall not so settle or vary arrangements under this section as to oblige the company to fix their charges at a level which will endanger their ability, so long as their undertaking is managed efficiently, to provide a reasonable return on their paid-up capital, having regard to their probable future expenditure and to the need to provide for any contributions which they may lawfully carry to any reserve fund or contingency fund, to make good depreciation (in so far as provision therefor is not made by any such fund as aforesaid) and to meet all other costs, charges and expenses properly chargeable to revenue.

(7) It shall be the duty of a water authority on whose behalf water is being supplied by a statutory water company to take all reasonable steps for making water available to the company to enable them to meet the foreseeable demands of consumers within their limits of supply.

(8) Subject to the provisions of any order made under section 254 of the 1972 Act as applied by section 34 below, so much of the enactments relating to the undertaking of a statutory water company as imposes on the company any duty to supply water, except Part VIII of Schedule 3 to the [1945 c. 42.] Water Act 1945 (supply for public purposes) and any local statutory provision which is similar to any provision of that Part, shall cease to have effect.

(9) For sections 12 and 13 of the Water Act 1945 (supply of water in bulk and default powers) there shall be substituted the sections set out in Part I of Schedule 4 to this Act.

(10) Sections 2(1)(b) and (4) and 4(2) to (4) of the [1948 c. 22.] Water Act 1948 (which also relate to the supply of water in bulk) shall cease to have effect.

(11) Part II of Schedule 4 to this Act shall have effect in relation to the making and confirmation of orders by a water authority under sections 12 and 13 of the Water Act 1945 as substituted by Part I of that Schedule.

13 Power of statutory water undertakers to supply places outside their limits of supply

(1) Statutory water undertakers shall have power to make agreements with other statutory water undertakers to supply water outside their limits of supply, subject to such conditions as may be specified in the agreement.

(2) An agreement under subsection (1) above may contain such incidental, consequential and supplementary provisions as the statutory water undertakers consider necessary or expedient for the purposes of the agreement.

(3) While statutory water undertakers are supplying water outside their limits of supply in pursuance of an agreement under subsection (1) above, the enactments relating to that part of their limits of supply which is contiguous to the area in which they are supplying water in pursuance of the agreement shall have effect, subject to subsection (4) below, as if the area within which they are thus supplying water were an area within their limits of supply and to which those enactments extend apart from this subsection.

(4) Where an area in which undertakers are supplying water in pursuance of such an agreement is contiguous to areas within the undertakers' limits of supply but to which different enactments apply, the Secretary of State may determine, upon the application of the undertakers, which of those enactments are to apply to the area in which the undertakers are supplying water in pursuance of the agreement; and the Secretary of State may determine under this subsection that different enactments shall apply to different parts of the area and that any enactment is to apply to the whole of the area or to any part of it subject to such modifications or exceptions as he may specify.

14 Sewerage and sewage disposal

(1) It shall be the duty of every water authority to provide, either inside or outside their area, such public sewers as may be necessary for effectually draining their area and to make such provision, whether inside or outside their area, by means of sewage disposal works or otherwise, as may be necessary for effectually dealing with the contents of their sewers; and accordingly section 14 of the [1936 c. 49.] Public Health Act 1936 (general duty of local authority with respect to sewerage and sewage disposal) and section 16 of that Act (provision of sewers and sewage disposal works outside a local authority's district) shall cease to have effect.

(2) Subject to subsection (3) below, the functions conferred on local authorities by the following enactments, that is to say—

(a) sections 15 to 24, 27 to 31, 33 to 36 and 42 of the Public Health Act 1936 and so much of Part XII of that Act as relates to those sections ;

(b) the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937;

(c) section 13 of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953 ; and

(d) sections 12 to 14 and Part V of and Schedule 2 to the [1961 c. 64.] Public Health Act 1961;

shall be exercisable by water authorities, and accordingly references in those enactments to a local authority and their district, except any such reference in section 24(4) of the said Act of 1936, shall be construed respectively as references to a water authority and their area, and any reference in Part II of the Public Health Act 1936 and, subject to any order made by virtue of this Act, in any other enactment, to a sewerage authority and their district shall be similarly construed.

(3) Notwithstanding anything in subsection (2) above, the power conferred on local authorities by section 21(1)(a) of the Public Health Act 1936 (use of highway authorities' drains and sewers to carry off surplus water) shall be exercisable by local authorities as well as being exercisable by water authorities.

(4) In section 34(1) of the said Act of 1936 (right to drain into public sewers) for all the words before the proviso there shall be substituted the words " Subject to the provisions of this section, the owner or occupier of any premises or the owner of any private sewer shall be entitled to have his drains or sewer made to communicate with the public sewers of any water authority and thereby to discharge foul water and surface water from those premises or that private sewer ".

(5) Before constructing, diverting or closing a public sewer in the area of a local authority a water authority shall consult the local authority and the water authority shall inform a local authority of the construction, diversion or closure of a public sewer by the water authority in the area of the local authority.

(6) Where it is proposed to erect or extend a building over a water authority's sewer of which a map is kept under section 32(1) of the said Act of 1936 and plans of the building or extension are in accordance with building regulations deposited with the council of a district or outer London borough, or notice of the building or extension is served on the proper officer of the Greater London Council under section 83 of the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939, the council of the district or borough or the Greater London Council, as the case may be, shall notify the water authority of the proposal.

(7) A water authority may give directions to the council of a district or outer London borough as to the manner in which the council are to exercise their functions under section 25(1) of the said Act of 1936 (requirement for local authority's consent to erection or extension of buildings over sewers).

(8) In this section " local authority " does not include a county council and, except in subsection (2), does not include the Greater London Council.

15 Arrangements for discharge of sewerage functions

(1) Subject to subsection (6) below, it shall be the duty of a water authority and every relevant authority whose area is wholly or partly situated in the water authority's area to endeavour to make arrangements for the relevant authority to discharge as respects their area the functions of the water authority under Part II of the [1936 c. 49.] Public Health Act 1936, other than those excepted by subsection (3) below.

(2) Arrangements under subsection (1) above shall—

(a) require the relevant authority to prepare and annually revise a programme for the discharge of the said functions as respects their area, having regard to any guidance given to them by the water authority, and to submit every such programme to the water authority for their approval;

(b) require the relevant authority to carry out any programme approved by the water authority under paragraph (a) above;

(c) provide for vesting in the water authority any public sewer provided by the relevant authority in pursuance of the arrangements;

(d) require the relevant authority to provide such vehicles and equipment as may be necessary for maintaining the sewers which it is their function to maintain under the arrangements;

(e) provide for the water authority to reimburse the relevant authority any expenses incurred by the latter in the discharge of the said functions;

(f) provide for the relevant authority to conduct on behalf of the water authority any prosecutions or other legal proceedings in connection with the discharge of those functions; and

(g) provide for the transfer to the water authority of officers of the relevant authority in the event of the ending of the arrangements under subsection (7) below and for the compensation of any such officers who suffer loss as a result of any variation or the ending of the arrangements under that subsection.

(3) Subsection (1) above shall not apply to any functions of a water authority relating to—

(a) sewage disposal;

(b) the maintenance or operation of any sewer which immediately before 1st April 1974 was vested in a joint sewerage board or the Greater London Council.

(4) Subject to subsection (6) below, a water authority shall, not later than 1st November 1973, or such later date as the Secretary of State may authorise in the case of that authority generally or in any particular case, send to every relevant authority with whom they are under a duty to endeavour to make arrangements under subsection (1) above a draft of the arrangements with the .relevant authority.

(5) Subject to subsection (6) below, if within a period of two months beginning with the date on which any such draft was sent by a water authority to a relevant authority, the two authorities have not entered into the arrangements, the water authority shall, within seven days of the end of that period, notify the Secretary of State of that fact and the Secretary of State shall settle the terms of the arrangements, which shall be binding on both authorities.

(6) If at any time before arrangements are settled under this section a water authority and a relevant authority come to the conclusion that in the interests of efficiency it would be inexpedient to enter into any arrangements under subsection (1) above or, as the case may be, to be bound by arrangements settled by the Secretary of State under subsection (5) above—

(a) the water authority shall not take the action required by subsection (4) or (5) above ; or

(b) where the water authority have already notified the Secretary of State under subsection (5) above that arrangements have not been entered into, they shall further notify him of the conclusion and he shall not settle the terms of the arrangements.

(7) The parties to any arrangements in force by virtue of subsection (1) or subsection (5) above, as varied (if it is the case) under this subsection, may vary or end the arrangements, or either of the parties may, in default of agreement, apply to the Secretary of State to vary or end the arrangements and the Secretary of State may by direction to the parties vary the arrangements in a manner specified in the direction or end the arrangements, and—

(a) in the case of variation, the arrangements shall (subject to a further application of this subsection), be binding on the parties ; and

(b) the ending of the arrangements shall not preclude the parties from entering into further arrangements under this section.

(8) Where by virtue of this section any functions of a water authority are to be discharged by a local authority, then, subject to the terms of the arrangements, the local authority may arrange for the discharge of those functions by a committee, subcommittee or officer of theirs and—

(a) where by virtue of this subsection any such functions may be discharged by a committee of a local authority, then, unless the water authority or local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the local authority; and

(b) where by virtue of this subsection any such functions may be discharged by a sub-committee of a local authority, then, unless the water authority, the local authority or the committee otherwise direct, the subcommittee may arrange for the discharge of any of those functions by an officer of the local authority.

(9) Any arrangements made by a local authority or committee under subsection (8) above for the discharge of any functions by a committee, sub-committee or officer shall not prevent the authority or committee by whom the arrangements are made from discharging those functions.

(10) In this section " relevant authority " means—

(a) except in relation to a new town as respects which an order is in force under section 34 of the [1965 c. 59.] New Towns Act 1965, the council of a district or London borough or the Common Council of the City of London; and

(b) in relation to any such new town, whichever of the following bodies is selected by the water authority, that is to say, the development corporation and any such council within whose area the town is wholly or partly situated.

16 Requisitioning of sewers for domestic purposes

(1) It shall be the duty of a water authority to provide any public sewer to be used for domestic purposes for the drainage of premises in their area—

(a) if the owners or occupiers of the premises require the authority to provide a public sewer, otherwise than for the drainage of new buildings which they propose to erect on the premises, and the conditions mentioned in subsection (2) below are satisfied; or

(b) if the owners of the premises require the authority to provide a public sewer for the drainage of new buildings which they propose to erect on the premises and the conditions mentioned in subsection (3) below are satisfied; or

(c) if the conditions specified in subsection (4) below are satisfied.

(2) In a case to which paragraph (a) of subsection (1) above applies, the conditions which must be satisfied are—

(a) that the reckonable charges payable in respect of the premises will not be less than the qualifying amount; and

(b) that the persons making the requisition agree severally with the water authority to pay the reckonable charges in respect of the premises for three years at least from the date on which the laying of the sewer is completed.

(3) In a case to which paragraph (b) of subsection (1) applies, the conditions which must be satisfied are—

(a) that the sewer which the owners of the premises require the water authority to provide is a sewer communicating (in such manner and in such place as the authority consider appropriate) with a private sewer provided by the owners; and

(b) that the owners undertake to meet any relevant deficit.

(4) The conditions mentioned in paragraph (c) of subsection (1) above are—

(a) that the reckonable charges payable in respect of the premises will be less than the qualifying amount; and

(b) that the local authority in whose area the premises are situated undertake to meet any relevant deficit.

(5) Any obligation to pay an annual sum under subsection (3) or (4) above shall cease on the expiration of a period of twelve years from the date on which the laving of the sewer is completed.

(6) A water authority may require a landowner (other than a public authority) to deposit with them, as security for the payment of an annual sum under subsection (3) above, such sum, not exceeding the total expense of laying the sewer, as the water authority may require.

(7) The water authority shall pay interest at a rate prescribed by regulations made by the Secretary of State or, if no rate is for the time being prescribed, at 4 per cent. per annum, on any sum in their hands by virtue of subsection (6) above, and—

(a) shall, on the request of the landowner appropriate out of that sum any amount due under his undertaking; and

(b) when the undertaking is finally discharged, repay to him any sum remaining in their hands.

(8) A water authority may agree with a local authority or any other person who is obliged by virtue of this section to meet any portion of the expense of providing a sewer that the whole or any part of the amount for which that person is liable shall be deemed to be satisfied by payment of a capital sum.

(9) If the conditions mentioned in subsection (2), (3) or (4) above are satisfied and the water authority do not lay the necessary sewer within six months or such longer period as may be agreed between the parties or be determined under subsection (10) below, they shall, unless they show that the failure was due to unavoidable accident or other unavoidable cause, be liable on summary conviction to a fine not exceeding £400.

(10) Any dispute arising under this section—

(a) as to the qualifying amount in the case of any premises ;

(b) as to the nature or extent of the work necessary for laying a sewer; or

(c) as to the period within which a sewer is to be laid,

shall be determined by a referee appointed by the parties or in default of agreement by the President of the Institution of Civil Engineers.

(11) In this section—

• " local authority " does not include a county council or the Greater London Council;

• " qualifying amount ", in relation to any premises, means one eighth of the expense of providing such a sewer as is sufficient to satisfy the requirements of subsection (1) above in the case of those premises and of providing any other sewer which it is necessary or appropriate to provide in consequence;

• " reckonable charges ", in relation to a sewer, means charges in respect of the drainage of premises attributable to its use and includes such proportion of any charge payable under Part III of this Act for services which include sewerage as is stated by the water authority to be so attributable;

• " relevant deficit " means the difference between the qualifying amount and the reckonable charges received by a water authority in respect of each year.

(12) A sewer shall be treated for the purposes of this section as used for domestic purposes if it is used for removing the contents of a lavatory or removing water used for cooking or washing other than water used for the business of a laundry or a business of preparing food or beverages for consumption otherwise than on the premises.

(13) It shall be the duty of a water authority, at the request of any person, to state the proportion of any charge under Part III of this Act which is a reckonable charge for the purposes of this section.

(14) Nothing in section 14 above or any arrangements made under section 15 above shall be taken to impose on a water authority any such obligation to provide a public sewer as may be imposed on them under this section without the requirements of this section being satisfied.

17 River pollution

(1) The Rivers (Prevention of Pollution) Acts 1951 to 1961 shall have effect in relation to new or altered outlets or discharges of a water authority subject to such exceptions and modifications as may be prescribed by regulations made by the Secretary of State.

(2) Any such regulations may in particular provide for securing—

(a) that consent to tile bringing into use of a new or altered outlet or the making of a new discharge shall be granted (or be deemed to be granted) by the Secretary of State;

(b) that, in such cases and subject to such conditions as may be prescribed by the regulations, any necessary consent shall be deemed to be granted by the Secretary of State unless the Secretary of State requires an application for it to be made to him by the water authority; and

(c) that where a consent is deemed to be granted as mentioned in paragraph (b) above, the water authority shall give such notice of that fact as may be prescribed by the regulations.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In section 7 of the [1951 c. 64.] Rivers (Prevention of Pollution) Act 1951 (restrictions on new or altered outlets for the discharge of trade or sewage effluents), subsection (9) and the proviso to subsection (16) shall cease to have effect.

(5) Where an estuary is situated in the areas of two or more water authorities, the Secretary of State may direct those authorities to make arrangements under section 6 above for the discharge by a joint committee of theirs of their functions relating to the restoration and maintenance of the wholesomeness of rivers and other waters.

18 Fisheries

(1) It shall be the duty of every water authority—

(a) to maintain, improve and develop the salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries in the area for which they exercise functions under the Salmon and Freshwater Fisheries Acts 1923 to 1972;

(b) to establish advisory committees of persons who appear to them to be interested in any such fisheries in that area and consult them as to the manner in which the authority are to discharge their duty under paragraph (a) above.

(2) The duty to establish advisory committees imposed by paragraph (b) of subsection (1) above is a duty to establish a regional advisory committee for the whole of the area mentioned in paragraph (a) of that subsection and such local advisory committees as the water authority consider necessary to represent the interests referred to in paragraph (b) of that subsection in different parts of that area.

19 Land drainage

(1) A water authority shall exercise a general supervision over all matters relating to land drainage in their area but shall arrange for the discharge by their regional land drainage committee (without prejudice to any scheme for the appointment of local land drainage committees) of all their land drainage functions except the making of drainage charges, the levying of precepts and the borrowing of money.

(2) A water authority may give their regional land drainage committee directions as to the exercise of any land drainage function other than an internal drainage function, so far as the exercise of that function appears to the authority likely to affect materially the authority's management of water for purposes other than land drainage.

(3) In subsection (2) above " internal drainage function " means the functions of a water authority under the following enactments (which relate to internal drainage boards and internal drainage districts) namely—

(a) sections 4, 7, 10, 11, 21 and 24(6) and (7) of the [1930 c. 44.] Land Drainage Act 1930;

(b) sections 18, 21(1), 26(3), (4) and (7), 27 and 36 of the [1961 c. 48.] Land Drainage Act 1961.

(4) Parts I to III of Schedule 5 to this Act shall have effect in relation to the land drainage functions of water authorities.

(5) Land drainage functions relating to the London excluded area shall continue to be exercised by the Greater London Council and other authorities by whom they are exercisable immediately before the passing of this Act, and in accordance with the enactments by virtue of which they are exercisable, but Part IV of Schedule 5 to this Act shall have effect for the purposes of their exercise.

(6) Nothing in sections 29 to 32 below shall apply in relation to a water authority's land drainage functions until a charges option order comes into force for the area of that authority.

(7) If—

(a) at any time after 31st March 1978 a water authority apply to the Minister for a charges option order; and

(b) the Ministers are satisfied that—

(i) the authority's regional land drainage committee recommended the authority to make the application ; and

(ii) the making of an order would be in the public interest,

the Ministers may make such an order.

(8) In this section "charges option order" means an order that sections 1 and 1A of the Land Drainage Act 1961 (general drainage charges), and Part II of Schedule 5 to this Act shall cease to have effect in relation to a water authority area and shall thereupon be treated for the purposes of section 38(2) of the [1889 c. 63.] Interpretation Act 1889 (effect of repeals) as if they had been repealed in relation to that area by another Act.

(9) When a charges option order comes into force for a water authority area, sections 29 to 32 below shall apply to the water authority for that area in relation to their land drainage functions, but with the substitution of references to the Ministers for references to the Secretary of State in relation to any direction—

(a) which is proposed to be given to the authority after the date when the order comes into force; and

(b) which relates to the authority's land drainage functions.

(10) A charges option order shall be subject to special parliamentary procedure.

(11) A charges option order may make such incidental, consequential, transitional or supplemental provision as the Ministers consider necessary or expedient.

20 General provisions as to recreation

(1) Every water authority and all other statutory water undertakers may take steps to secure the use of water and land associated with water for the purposes of recreation and it shall be the duty of all such undertakers to take such steps as are reasonably practicable for putting their rights to the use of water and of any land associated with water to the best use for those purposes.

(2) In discharging their duty under subsection (1) above statutory water undertakers other than a water authority shall consult the water authority for the area in which the water or land in question is situated and shall take account of any proposals formulated by the authority for discharging their own duty under that subsection.

(3) A water authority may, with the consent of the owner of an inland water which they have no right to use for the purposes of recreation or of land associated therewith and of any other person having a right to use the water or an estate or interest in the land, use the water or land for those purposes.

(4) In exercising their functions under subsection (1) or (3) above a water authority shall not obstruct or otherwise interfere with navigation which is subject to the control of a harbour or navigation authority without the consent of the harbour or navigation authority.

In this subsection " harbour authority " has the same meaning as in the [1964 c. 40.] Harbours Act 1964 and " navigation authority " has the same meaning as in the [1963 c. 38.] Water Resources Act 1963.

(5) Where the Secretary of State makes an order under section 23 of the [1945 c. 42.] Water Act 1945 or section 67 of the Water Resources Act 1963 authorising a water authority to carry out works for or in connection with the construction or operation of a reservoir in England or conferring compulsory powers for that purpose on a water authority, and it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area, he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

21 Discharge of functions with respect to recreation in Wales

(1) The Welsh authority shall, after consultation with the Severn-Trent Water Authority, prepare a plan for the use for the purposes of recreation of the rights of both authorities to the use of water in Wales and of any land in Wales associated with water.

(2) Any such plan, in so far as it falls to be carried out in the area of the Severn-Trent Water Authority, shall be carried out by that authority in accordance with a scheme agreed between them and the Welsh authority or, in default of agreement, in accordance with any directions of the Secretary of State.

(3) Without prejudice to paragraph 2 of Schedule 3 to this Act, the Welsh authority may acquire by agreement any right to use water in Wales and any estate or interest in, or right over, land in Wales which is associated with water for die purpose of using the water or land for the purposes of recreation.

(4) Where the Welsh authority acquire any estate, interest or right under subsection (3) above which relates to water or land in the area of the Severn-Trent Water Authority, they may instead of using it themselves for the purposes of recreation grant the Severn-Trent Water Authority such derivative estate, interest or right as may be appropriate for enabling that authority to use it for those purposes.

(5) It shall be the duty of a water authority who are carrying out works for or in connection with the construction or operation of a reservoir in Wales which permanently affect one or more communities and are not primarily intended by the authority to benefit the inhabitants of that or those communities to provide, or assist others to provide, facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

(6) A water authority shall, in discharging their duty under subsection (5) above, consult the community councils of the communities affected in the case of communities having such councils, and in any case the council of any district in which any community affected is situated.

22 Duties with regard to nature conservation and amenity

(1) In formulating or considering any proposals relating to the discharge of any of the functions of water authorities, those authorities and the appropriate Minister or Ministers shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest, and of protecting buildings and other objects of architectural, archaeological or historic interest and shall take into account any effect which the proposals would have on the beauty of, or amenity in, any rural or urban area or on any such flora, fauna, features, buildings or objects.

(2) In formulating or considering any such proposals, water authorities and the appropriate Minister or Ministers shall have regard to the desirability of preserving public rights of access to areas of mountains, moor, heath, down, cliff or foreshore and other places of natural beauty and shall take into account any effect which the proposals would have on the preservation of any such rights of access.

(3) Where the Nature Conservancy Council are of opinion that any area of land, not being land for the time being managed as a nature reserve, is of special interest by reason of its flora, fauna or geological or physiographical features and may at any time be affected by schemes, operations or activities of a water authority, it shall be the duty of that council to notify that fact to the water authority in whose area the land is situated.

23 Water Space Amenity Commission

(1) For the purpose of exercising the functions conferred on them by this section there shall be a body to be known as the Water Space Amenity Commission consisting of—

(a) a chairman appointed by the Secretary of State from among the members of the Council;

(b) the chairmen of the water authorities; and

(c) not more than ten other members appointed by the Secretary of State.

(2) Of the members of the Commission, other than the chairman, appointed by the Secretary of State—

(a) one shall be appointed after consultation with the Countryside Commission;

(b) one shall be appointed after consultation with the English Tourist Board;

(c) one shall be appointed after consultation with the Sports Council or some other organisation appearing to him to be concerned with the encouragement of sport and recreation and prescribed for title purposes of this paragraph by an order made by him;

(d) the remainder shall be appointed after consultation with such associations of local authorities, and such bodies representing persons interested in the use of water and of any land associated with water for the purposes of recreation or in the enhancement and preservation of amenity, as the Secretary of State considers desirable, and with the Greater London Council.

(3) It shall be the duty of the Commission—

(a) to advise the Secretary of State, after consultation with the Countryside Commission, the English Tourist Board and either the Sports Council or an organisation prescribed for the purposes of subsection (2)(c) above, on the formulation, promotion and execution of the national policy for water so far as relating to recreation and amenity in England ;

(b) to advise the Council and water authorities on the discharge of their respective functions so far as so relating;

(c) to submit to water authorities any proposals which the Commission consider appropriate for the discharge of the authorities' functions so far as so relating; and

(d) to encourage and assist the water authorities in the preparation of plans and programmes under section 24 below for the discharge of those functions so far as so relating.

(4) The Commission may collate and publish information and reports on matters relating to recreation and amenity in connection with water.

(5) The members of the Commission, other than the chairmen of the water authorities, shall hold and vacate office in accordance with the terms of their respective appointments and shall, on ceasing to hold office, be eligible for reappointment; but any such member may at any time by notice addressed to the Secretary of State resign his office.

(6) The Council shall provide the Commission with such officers and such accommodation as the Secretary of State considers appropriate and shall defray any expenditure incurred by the Commission with the approval of the Secretary of State in the discharge of their functions.

(7) The Council may pay members of the Commission, other than the chairmen of the water authorities, such allowances as may be determined by the Secretary of State with the consent of the Minister for the Civil Service.

(8) Paragraph 40 of Schedule 3 to this Act shall have effect with respect to annual reports of the Commission.

24 Periodical reviews, plans and programmes

(1) It shall be the duty of each water authority, as soon as practicable after 1st April 1974, in consultation with any water authority or authorities likely to be affected by the matters mentioned below—

(a) to carry out a survey of the water in their area, the existing management of that water, the purposes for which it is being used and its quality in relation to its existing and likely future uses, and to prepare a report setting out the results of the survey;

(b) to prepare an estimate of the future demand for the use of that water during the period of twenty years from the date on which the survey is completed or such longer or shorter period from that date as the appropriate Minister or Ministers may in any particular case direct; and

(c) to prepare a plan as to action to be taken during that period by the authority (whether by way of executing works or securing the execution of works by other persons or otherwise) for the purpose of securing more efficient management of water in their area, including the meeting of future demands for water and the use of water and restoring or maintaining the wholesome-ness of rivers and other inland or coastal waters in their area.

(2) Where a statutory water company are supplying water in a water authority area, the water authority may require that company—

(a) to carry out a survey of the existing consumption of and demand for water supplies in the part of the water authority area within their limits of supply ;

(b) to prepare an estimate of the future water supply requirements of that part of the area ;

(c) to formulate proposals for meeting the existing or future water supply requirements of that part of the area, including proposals for the joint use with any other statutory water undertakers of any existing or proposed new source of water supply ; and

(d) to submit a report on any of the matters mentioned in paragraphs (a) to (c) above to the water authority within such time as the authority may specify.

(3) Each water authority shall keep under review the particulars contained in any report or estimate prepared by them, and any plan prepared by them, under subsection (1) above, and shall at the times required by subsection (4) below revise those particulars and that plan, either by way of amendment or by taking fresh steps under subsection (1) above, or both, as the authority may consider appropriate having regard to changes which have occurred since the previous survey or (as the case may be) the revision last effected by them under this subsection.

(4) The times at which a water authority are to carry out a revision under subsection (3) above shall be at intervals of not more than seven years, and, subject to that requirement, such times as they consider appropriate having particular regard to the times at which like revisions are proposed to be carried out by other water authorities.

(5) Subsection (1) above shall not apply to water authorities' land drainage functions, but it shall be the duty of each water authority to carry out from time to time, and in any event at such times as the Minister may direct, a survey of their area in relation to those functions.

(6) A water authority shall from time to time prepare, in the light of the most recent surveys (if any) carried out and the most recent plan (if any) prepared by them under the foregoing provisions of this section, one or more programmes of a general nature for the discharge of their functions over a period of not more than seven years and shall submit any such programme for the approval of the appropriate Minister or Ministers, and, if the appropriate Minister or Ministers so direct, shall at such time or times as may be specified in the direction, prepare and submit for his or their approval one or more such programmes, containing particulars of any description so specified, for the carrying out by the authority during a period so specified of projects of any class so specified.

(7) Any programme of a water authority under subsection (6) above relating to the supply of water shall take account of any operations proposed under subsection (2) above to be undertaken in their area by a statutory water company, joint water board or joint water committee and involving a substantial outlay on capital account.

(8) In carrying out their duty under the foregoing provisions of this section a water authority shall—

(a) consult every local authority whose area is wholly or partly included in the area of the water authority; and

(b) have regard to any of the following plans prepared for any part of that area under the [1971 c. 78.] Town and Country Planning Act 1971, that is to say, a structure plan, a local plan and any development plan within the meaning of Schedule 8 to that Act.

(9) A water authority or other statutory water undertakers shall, in carrying out any project involving substantial outlay on capital account, act in accordance with any approved programme for the time being applicable to the discharge of their functions or the carrying out of their operations under subsection (6) above.

(10) Each water authority shall make arrangements for the carrying out of research and related activities (whether by the authority or by others) in respect of matters affecting the authority's functions, and in particular, but without prejudice to the generality of this subsection, may make arrangements for the carrying out of research and related activities in respect of such matters by subscribing or otherwise financially contributing to an organisation formed for that purpose.

(11) The appropriate Minister or Ministers may give directions to a water authority with respect to the making of arrangements under subsection (10) above.

(12) In the performance of their functions under this section a water authority shall consult the appropriate Minister or Ministers ; and every authority—

(a) shall send to the appropriate Minister or Ministers, to every local authority whose area is wholly or partly included in the area of the water authority and to the Water Space Amenity Commission a copy of any report prepared by the water authority in consequence of a survey under this section and of any amendments made by them to any such report;

(b) shall furnish a copy of any such report or amendments to any person on payment of such reasonable sum as the authority may determine; and

(c) shall furnish the appropriate Minister or Ministers with such other information as he or they may reasonably require with respect to anything done by the water authority in pursuance of this section.

25 Discharge of recreation and amenity functions in and around Greater London

(1) The Thames Water Authority shall, after consulting the interested bodies, submit to the Secretary of State not later than 1st April 1975 proposals for the transfer to the Greater London Council of the recreation and amenity functions of water authorities as respects the whole or part of the watercourses and land to which this section applies and, subject to subsection (3) below, the Secretary of State may by order give effect to the proposals, either as submitted to him or with modifications.

(2) The Secretary of State may himself at any time after consulting the interested bodies amend or revoke an order under subsection (1) above or, where any such order has been revoked, provide for the transfer of all or any of the recreation and amenity functions of water authorities as respects the whole or part of the watercourses or land to which this section applies to the Greater London Council.

(3) If it appears to the Secretary of State that it is desirable to make an order under subsection (1) above giving effect to any proposals with modifications which appear to him to be substantial, he shall direct the Thames Water Authority, after consulting the interested bodies, to reconsider the proposals and submit revised proposals to him under that subsection within a time specified in the direction, but the foregoing provisions of this subsection shall not apply to an order under this subsection giving effect to the revised proposals.

(4) While any recreation and amenity functions are exercisable by the Greater London Council by virtue of an order under this section, section 23(3) above shall have effect as if references therein to water authorities included references to the Greater London Council.

(5) In this section " the interested bodies " means—

(a) the Water Space Amenity Commission ;

(b) the Greater London Council;

(c) in the case of proposals made by the Secretary of State under subsection (2) above, the Thames Water Authority and in any case any other water authority whose recreation and amenity functions will be affected by these proposals in question ;

(d) the Port of London Authority ;

(e) the Common Council of the City of London;

(f) the London Boroughs Association ;

(g) such other bodies representing persons interested in the use of the watercourses and land to which this section applies as the Thames Water Authority consider desirable or the Secretary of State directs in the case of proposals submitted to him and as he considers desirable in the case of his own proposals.

(6) In this section " recreation and amenity functions " means, in relation to any authority, the authority's functions under section 20 above and, so far as relating to those functions, their functions under sections 22 and 24 above, not being in any case functions with respect to navigation conferred by or under any enactment.

(7) The watercourses to which this section applies are—

(a) so much of the River Thames as lies within Greater London;

(b) every watercourse, other than the River Thames, which is for the time being a main metropolitan watercourse within the meaning of Schedule 14 to the [1963 c. 33.] London Government Act 1963;

(c) so much of the River Beam, the River Ingrebourne and the River Roding as lies within Greater London; and

(d) so much of any other watercourse situated wholly or partly within, or adjoining the boundary of, Greater London as lies within the flow and reflow of the tides of the River Thames ;

and the land to which this section applies is any land associated with any watercourse to which this section applies.

(8) Without prejudice to any power exercisable by virtue of section 34 below, an order under this section may contain such transitional, incidental, supplementary or consequential provision as the Secretary of State considers necessary or expedient for the purposes of the order.

(9) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

26 Duties of statutory water undertakers and Council to their staff

(1) Each water authority and all other statutory water undertakers shall make provision for advancing the skill of persons employed by them and in doing so shall comply with any scheme for training and education in force under section 4 above.

(2) Except so far as the Council are satisfied that adequate machinery exists for the purpose it shall be the duty of the Council to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the Council and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for the settlement by negotiation of terms and conditions of employment of persons employed by the Council, the water authorities and other statutory water undertakers with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements.

(3) It shall be the duty of every water authority and all other statutory water undertakers to comply with any such agreement.

(4) The Council shall send copies of any such agreement, and of any instrument varying the terms of any such agreement, to the Secretary of State.

27 Superannuation of employees of statutory water undertakers

(1) Statutory water undertakers may establish and administer pension schemes and pension funds in the interests of persons who are or have been employed by them, and may pay pensions, allowances and gratuities to or in respect of such persons or enter into and carry into effect agreements or arrangements with any other person for securing or preserving pension rights for any such persons.

(2) It shall be the duty of all statutory water companies, by participating in a scheme for or in respect of persons who are or have been employed by any such company, to secure benefits in respect of their service after their entry into the scheme not less in amount than the corresponding benefits for employees and former employees of water authorities in the standard water authority scheme and on terms (including terms as to the transferability of benefits) not less favourable to the persons entitled to the benefits than the terms of that scheme ; and in this section " standard water company scheme " means a scheme under this subsection and " standard water authority scheme " means a scheme designated by an order under subsection (3) below.

(3) The Secretary of State may by order—

(a) designate any scheme made for or in respect of employees and former employees of water authorities (including in particular a scheme contained in regulations under section 7 of the [1972 c. 11.] Superannuation Act 1972) as the standard water authority scheme ;

(b) designate a corporation to manage the standard water company scheme; and

(c) prescribe a date before which any person who is in the employment of a statutory water company on 31st March 1974 and intends to remain in the employment of such a company after that date, and for whom on that date superannuation arrangements will be in operation, may opt that the standard water company scheme shall not apply to him.

(4) A person who has exercised the option conferred by subsection (3)(c) above may revoke it at any time after 31st March 1974.

(5) Every employee of a statutory water company who is eligible for membership of the standard water company scheme shall be a member of that scheme unless he has exercised the option conferred by subsection (3)(c) above and has not revoked it.

(6) Any question whether the terms of the standard water company scheme are less favourable than the terms of the standard water authority scheme shall be determined by the Secretary of State.

(7) The powers conferred on statutory water undertakers by this section are without prejudice to any of their other powers.

28 Emergencies and disasters

Where an emergency or disaster involving destruction of or damage to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster and a water authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants in a way connected with the discharge of their functions, they shall assist any principal council within the meaning of section 138 of the 1972 Act in taking any action under that section which is calculated to avert, alleviate or eradicate in the water authority area or among its inhabitants the effects or potential effects of the event.

PART III Financial Provisions

29 General duties and powers relating to finance

(1) It shall be the duty of every water authority so to discharge their functions as to secure that, taking one year with another, their revenue is not less than sufficient to meet their total outgoings properly chargeable to revenue account.

(2) The Secretary of State may with the approval of the Treasury and after consultation with the Council by order direct—

(a) that an authority shall discharge their functions during any period specified in the direction with a view to securing that they achieve in respect of that period a rate of return on the value of their net assets (as for the time being defined for the purposes of this section by the Secretary of State) which is not less than such rate as the Secretary of State specifies in the direction as the rate of return which he considers it is reasonable for the authority to achieve;

(b) that an authority shall in the discharge of their functions be under any such other financial obligation (in addition to or instead of an obligation imposed by virtue of paragraph (a) above) as the Secretary of State may think fit

(3) An order made by virtue of paragraph (a) of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order shall not be made by virtue of paragraph (b) of subsection (2) above unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

(5) It shall be the duty of every water authority to secure that their charges make a proper contribution to the discharge of their duty under this section and Part III of Schedule 3 to this Act, taking into account their present circumstances and future prospects and any directions given to them under this section.

30 Water charges

(1) Subject to the provisions of this Act, a water authority shall have power to fix, and to demand, take and recover such charges for the services performed, facilities provided or rights made available by them (including separate charges for separate services, facilities or rights or combined charges for a number of services, facilities or rights) as they think fit.

(2) A water authority may fix any of their charges by means of a scheme under section 31 below or by agreement with any person.

(3) Subject to subsections (4) to (6) below, a water authority may fix their charges by reference to such criteria, and may adopt such system for the calculation of their amount, as appears to them to be appropriate.

(4) In fixing charges for services, facilities or rights a water authority shall have regard to the cost of performing those services, providing those facilities or making available those rights.

(5) A water authority may make different charges for the same service, facility or right in different cases, but it shall be the duty of every water authority to take such steps as will ensure that, as from a date not later than 1st April 1981, their charges are such as not to show undue preference to, or discriminate unduly against, any class of persons.

(6) The Secretary of State may, after consultation with the Council, give all or any of the water authorities directions as to the criteria to be applied or the system to be adopted by them under subsection (3) above and in giving a direction under this subsection the Secretary of State shall have regard to the provisions of subsections (4) and (5) above.

(7) Where a water authority introduce a new system of charges, they may make such transitional charging arrangements as they think fit applying for a period not exceeding five years.

(8) Nothing in any enactment passed before this Act shall so operate, in relation to a water authority, as to oblige them to fix separate charges for separate services, facilities or rights.

(9) No local statutory provision, other than one which expressly provides, in relation to any service, facility or right, that no charge shall be made for it, shall limit the discretion of a water authority or of a statutory water company through whom such an authority are supplying water as to the charges to be made by them, whether it purports to limit them by specifying or providing for specifying the charges to be made, or by fixing or providing for fixing maximum charges, or otherwise.

(10) Any such limitation in a local statutory provision shall cease to have effect on 1st April 1974, but water authorities and companies through whom water authorities are supplying water shall, in fixing their charges as respects any period beginning not earlier than 1st April 1974 and ending before 1st April 1981, have regard to any special circumstances which appear to them to be relevant and, in particular, to any differences in the levels of charges which would, apart from the cesser, have been likely to be in force after the former date in different parts of the area to which the provision applied.

31 Charges schemes

(1) A water authority may make a scheme (in this Act referred to as a " charges scheme ") for the charges to be paid for any services performed, facilities provided or rights made available by the authority.

(2) The charges to be paid to an authority for any services, facilities or rights to which a charges scheme of that authority relates shall be those for which the scheme provides.

(3) The Secretary of State may give directions to all water authorities or any particular water authority as to the services, facilities or rights for which provision is to be made in a charges scheme.

(4) All charges schemes shall be so framed as to show the methods by which and the principles on which the charges are to be made, and shall be published in such manner as in the opinion of the authority will secure adequate publicity for them.

(5) A charges scheme may revoke or amend any previous charges scheme made by the authority.

(6) Nothing in any charges scheme shall affect any power of a water authority to make any such agreement as to charges as they are empowered to make by any enactment passed before this Act, and in particular by—

(a) section 7 of the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937 (reception and disposal of trade effluents);

(b) section 27 of the [1945 c. 42.] Water Act 1945 (supply of water for non-domestic purposes); and

(c) section 63 of the [1963 c. 38.] Water Resources Act 1963 (special charges in respect of spray irrigation).

32 Meters

(1) In any case where charges are payable to a water authority by reference to the volume of water supplied to any premises or the volume of effluent discharged therefrom (whether or not the charges are payable by reference to any other factors), the authority may install on those premises a meter for measuring that volume, and the register of the meter shall, subject to the provisions of any regulations under this section, be prima facie evidence of that volume.

(2) The Secretary of State may by regulations make provision with respect to the installation of meters, whether under this section or otherwise, their connection and disconnection and their maintenance, authentication and testing and other related matters, and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any officer authorised by a water authority may at all reasonable times, on the production of some duly authenticated document showing his authority, enter any premises in the water authority's area in which there is a service pipe connected with the water authority's main, or a drain or private sewer connected with a public sewer, for the purpose of—

(a) installing meters under this section, or connecting or disconnecting them;

(b) inspecting or examining any such meters, together with any ancillary fittings and associated works, and ascertaining from any such meter the volume of water supplied or effluent discharged ;

but admission to any premises shall not be demanded as of right unless twenty-four hours' notice of the intended entry has been given to the occupier.

(4) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that admission to any premises has been refused or that refusal is reasonably apprehended, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of entry; and

(b) that there is reasonable ground for entry into the premises for any purpose mentioned in subsection (3) above;

the justice may by warrant authorise the water authority by any authorised officer to enter the premises, if need be by force, but shall not issue such a warrant unless he is satisfied that notice of the intention to apply for it has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such a notice would defeat the object of the entry.

(5) An authorised officer entering any premises by virtue of this section or any warrant issued thereunder may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has so entered shall leave them as effectually secured against trespassers as he found them.

(6) Every warrant under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(7) If any person who in compliance with the provisions of this section or a warrant thereunder is admitted into a factory or workplace discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding £400.

(8) A person who wilfully obstructs another person exercising any power conferred by this section or any warrant thereunder shall be liable on summary conviction to a fine not exceeding £50.

(9) In this section—

• " drain " has the same meaning as in the [1936 c. 49.] Public Health Act 1936;

• " effluent " means any liquid, with or without particles of matter in suspension therein ; and

• " main " and " service pipe " have the same meanings as in Schedule 3 to the [1945 c. 42.] Water Act 1945.

PART IV Miscellaneous

33 Abolition of existing central and local bodies

The following bodies shall cease to exist on 1st April 1974, that is to say—

(a) the Water Resources Board;

(b) the Central Advisory Water Committee;

(c) all river authorities;

(d) the Conservators of the River Thames and the Lee Conservancy Catchment Board;

(e) the Isle of Wight River and Water Authority;

(f) all statutory water undertakers existing immediately before the passing of this Act, except statutory water companies, joint water boards, joint water committees and existing local authorities and other bodies exercising functions not affected by this Act;

(g) all joint sewerage boards and joint committees of sewerage authorities existing immediately before the passing of this Act;

(h) the Water Supply Industry Training Board;

and section 263 of the 1972 Act (continuation of existing joint boards and committees) shall not apply to bodies which cease to exist by virtue of this section.

34 Consequential, transitional and supplementary provision

(1) The following provisions of the 1972 Act, that is to say—

• section 254 (consequential orders, etc.) and section 68 (transitional agreements as to property and finance) as applied by section 254 ;

• section 255 (transfer of officers);

• section 256 (continuity of employment);

• section 257 (staff commission);

• section 259 (compensation for loss of office);

• section 260 (option for early retirement);

shall apply for the purposes of this Act as they apply for the purposes of that Act or, as the case may be. Part IV of that Act, but subject to the exceptions and modifications contained in Part I of Schedule 6 to this Act.

(2) The provisions of Part II of that Schedule, being provisions which reproduce with modifications certain provisions of section 262 of the 1972 Act (local Acts and instruments), shall have effect with respect to local statutory provisions in force immediately before 1st April 1974.

(3) An order under section 2(5) above altering the boundaries of a water authority area and an order under section 25 above may include the like provision in relation to the order as may be made by regulations of general application under section 67 of the 1972 Act by virtue of subsection (2) of the latter section.

35 Isles of Scilly

(1) The Secretary of State may, on the application of the Council of the Isles of Scilly, make an order providing for the exercise as respects the Isles of Scilly of functions corresponding to any of those transferred to water authorities by this Act.

(2) Without prejudice to section 254 of the 1972 Act as applied by section 34 above, an order under this section may—

(a) apply, with or without modifications, any provision of this Act to the Isles of Scilly ;

(b) save the application to the Isles of Scilly of any enactment applying there immediately before 1st April 1974 and repealed as respects England in general by this Act.

(3) Except as provided by an order under this section, this Act shall not extend to the Isles of Scilly.

36 Orders, regulations and byelaws

(1) Any power to make orders or regulations conferred on the appropriate Minister or Ministers by or by virtue of this Act shall be exercisable by statutory instrument.

(2) Any power to make an order conferred by or by virtue of any provision of this Act shall include power to make an order varying or revoking any order previously made under or by virtue of that provision.

(3) Part I of Schedule 7 to this Act shall have effect with respect to the making of byelaws by the appropriate Minister or Ministers by virtue of any enactment under which water authorities discharge their functions and Part II of that Schedule shall have effect with respect to the making of byelaws by water authorities, other statutory water undertakers and internal drainage boards under any enactment.

37 Expenses

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by any Minister under this Act;

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

38 Interpretation

(1) In this Act, unless the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• " the appropriate Minister or Ministers " and " the Ministers " have the meanings assigned to them by section 1 above;

• " the Council " means the National Water Council;

• " county ", " district ", " county council ", and " district council ", mean respectively a county, district, county council and district council established by the 1972 Act;

• " development corporation " means a development corporation established under the [1965 c. 59.] New Towns Act 1965 or any Act replaced by that Act;

• " existing local authority " means a local authority within the meaning of the [1933 c. 51.] Local Government Act 1933;

• " joint water board " and " joint water committee " mean respectively a joint board and a joint committee which has been constituted under section 9 of the [1945 c. 42.] Water Act 1945 and on which a statutory water company is represented;

• " land drainage " includes defence against water (including sea waiter), irrigation other than spray irrigation, warping and the provision of flood warning systems, and "land drainage functions" shall be construed accordingly;

• " local authority " means a county council, the Greater London Council, a district council, a London borough council or the Common Council of the City of London;

• " local land drainage committee " and " regional land drainage committee " mean respectively the committees established by those names under Schedule 8 to this Act;

• " local land drainage district " means a local land drainage district established under that Schedule and any part of a water authority area which is to be treated as a local land drainage district for the purposes of Parts II and III of that Schedule;

• " local statutory provision " means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect to some area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• " London excluded area " means so much of Greater London, and of any area adjoining Greater London, as—

  (a)

  in relation to a time before 1st April 1974, does not at that time lie within the Thames catchment area, the Lee catchment area or the area of any river authority;

  (b)

  in relation to a time after 31st March 1974, does not at that time lie, for the purpose of the exercise of land drainage functions, within the area of any water authority;

• " the 1972 Act " means the [1972 c. 70.] Local Government Act 1972;

• " public authority " includes a statutory water company;

• " public sewer " has the same meaning as in the [1936 c. 49.] Public Health Act 1936 and "private sewer" shall be construed accordingly;

• " regional water board " and " water development board " have the same meanings respectively as in the [1967 c. 78.] Water (Scotland) Act 1967;

• " river authority " underground strata ", " inland water ", " watercourse " and " water resources " have the same meanings respectively as in the [1963 c. 38.] Water Resources Act 1963;

• " statutory water company " means a company authorised immediately before the passing of this Act by any local statutory provision to supply water or a company in whom the assets of any company so authorised have subsequently become vested;

• " statutory water undertakers " has the meaning assigned to it by section 11(6) above ;

• " supply of water in bulk " and " water fittings " have the same meanings as in the [1945 c. 42.] Water Act 1945;

(2) Section 269 of the 1972 Act (which relates to the meaning of " England" and " Wales " in Acts passed after 1st April 1974) shall apply to this Act as if this Act had been passed after that date.

(3) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

39 Commencement

(1) The following provisions of this Act shall come into operation on 1st April 1974, that is to say—

• section 9, except so far as relating to sections 21 and 22 of the [1930 c. 44.] Land Drainage Act 1930, Part VI of the [1948 c. 26.] Local Government Act 1948, section 21 of the [1961 c. 48.] Land Drainage Act 1961 and section 82 of the Water Resources Act 1963 ;

• section 10;

• section 11, except subsection (6) so far as relating to section 12 of the Water Act 1945 ;

• section 12(1) and (6) to (11), except subsections (9) and (11) so far as relating to section 12 of the Water Act 1945 ;

• section 13(3) and (4);

• section 14;

• section 16;

• section 17;

• section 18;

• section 19(6) to (11);

• section 20;

• section 21(3) to (6).

• section 24;

• section 25;

• section 28;

• section 29(1);

• section 33;

• section 40(2), except so far as relating to the amendments of the [1957 c. 20.] House of Commons Disqualification Act 1957 made by Schedule 8 ;

• section 40(3).

(2) Any provision of, or any instrument made under, another Act which is modified or amended by a provision of this Act which comes into operation before 1st April 1974 shall between the passing of this Act and that date have effect both as modified or amended by this Act and as it would have had effect without the modification or amendment.

40 Short title, minor amendments, repeals and extent

(1) This Act may be cited as the Water Act 1973.

(2) The enactments specified in Schedule 8 to this Act shall have effect subject to the amendments, modifications and adaptations set out in that Schedule, being amendments, modifications and adaptations which are consequential on the foregoing provisions of this Act and minor amendments.

(3) The enactments specified in Schedule 9 to this Act (which include enactments that were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in column 3 of that Schedule.

(4) The following provisions of this Act, that is to say—

(a) section 4(5) to (8), so far as relating to the matters mentioned in section 4(5)(d) and (e);

(b) section 9, so far as relating to any enactment which extends to Scotland;

(c) section 18;

(d) paragraphs 43, 69 and 93 of Schedule 8 ;

(e) in Schedule 9, the repeals in the [1967 c. 78.] Water (Scotland) Act 1967; and

(f) so much of this Act as relates to the interpretation or commencement of the foregoing provisions;

extend to Scotland, but except as aforesaid this Act does not extend to Scotland.

(5) This Act, except section 4(5) to (8), so far as relating to the matters mentioned in section 4(5)(d) and (e) and paragraph 69 of Schedule 8 and so much of this Act as relates to the interpretation of those provisions, does not extend to Northern Ireland.

(6) For the purposes of section 6 of the [1920 c. 67.] Government of Ireland Act 1920 (which relates to the powers of the Parliament of Northern Ireland) this Act shall be deemed to be an Act passed before the appointed day.