Water Act 1983

Section 6.

SCHEDULE 3 Arrangements for Carrying Out Sewerage Functions

The following is the Schedule inserted in the principal Act by section 6(2) of this Act—

“SCHEDULE 4A Arrangements for Carrying Out Sewerage Functions

1 In this Schedule " arrangements" means arrangements (whenever made) under section 15 of this Act.

General

2 Arrangements entered into by a water authority shall be made with a view to ensuring that their sewerage functions, taken as a whole, are carried out efficiently.

3 (1) All arrangements shall comply with the requirements of such regulations as may be made by the Secretary of State for the purposes of this paragraph.

(2) Any such regulations may, in particular, include requirements as to the obligations to be imposed by any arrangements on the parties to those arrangements.

(3) Regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Where arrangements are in force at the time when the first regulations made under this paragraph come into force, the parties to those arrangements shall, within such period as may be specified by the Secretary of State, make such alterations in the arrangements as are necessary to ensure that they comply with the regulations ; and where, on the expiry of that period, any arrangements fail to comply with the regulations those arrangements shall have effect subject to such alterations as the Secretary of State may direct.

Cases where duty to make arrangements does not apply

4 (1) The duty imposed by section 15(1) of this Act shall not apply in relation to any sewerage functions where—

(a) the water authority and relevant authority concerned agree that it would be inexpedient for arrangements to be made in respect of those functions ;

(b) arrangements in respect of those functions have been brought to an end within the previous five years and either the water authority or relevant authority concerned are of the opinion that it would be inexpedient for arrangements to be so made ; or

(c) any relevant authority requesting the making of arrangements have had a similar request refused by the water authority concerned within that period and the water authority are of that opinion.

(2) A water authority may refuse to enter into arrangements with a relevant authority where they are of the opinion that it would be inexpedient to do so, but where a water authority so refuse, in a case which does not fall within sub-paragraph (1) above, the relevant authority may apply to the Secretary of State for the decision to be reviewed.

(3) On any such review the Secretary of State may confirm the water authority's decision or give a direction requiring them to enter into arrangements with the relevant authority ; and any such direction may specify the provision to be made by the arrangements (either in substitution for or in addition to any provision required by regulations under paragraph 3 above).

Variation and termination of arrangements

5 (1) Any arrangements may—

(a) be varied or brought to an end by agreement between the parties;

(b) be brought to an end by the relevant authority giving reasonable notice to the water authority ; and

(c) subject to sub-paragraph (2) below, be varied or brought to an end by the water authority giving reasonable notice to the relevant authority.

(2) Where a notice has been served under sub-paragraph (1) (c) above, the Secretary of State may, on an application made to him by the relevant authority before the expiry of the notice, review the proposed variation or ending of the arrangements ; and on any such review the Secretary of State may confirm the proposals or give a direction—

(a) requiring the arrangements to be brought to an end, or varied, in accordance with the terms of the direction; or

(b) requiring the notice to be withdrawn.

(3) The matters to which the Secretary of State must have regard in conducting a review under paragraph 4(2) or sub-paragraph (2) above, include the likely financial consequences for the parties of the proposed action.

(4) Where a review is conducted under sub-paragraph (2) above the notice in question shall not take effect except in accordance with a confirmation or direction under that sub-paragraph.

Local authority committees etc.

6 (1) Where by virtue of any arrangements functions of a water authority are to be discharged by a local authority, then subject to the provision made by the arrangements, the local authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs.

(2) Where by virtue of sub-paragraph (1) above 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.

(3) Where by virtue of sub-paragraph (1) above 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 sub-committee may arrange for the discharge of any of those functions by an officer of the local authority.

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

Transfer of officers

7 Where arrangements are made, varied or brought to an end, provision may be made by the parties to the arrangements for the transfer of any officers of either party to the other.

Compensation

8 (1) Where an authority who are party to any arrangements have compensated any officer of theirs who has suffered loss as a result of the making, variation or ending of those arrangements, the authority who are the other party to those arrangements may make such payment to the compensating authority, by way of total or partial reimbursement, as they consider appropriate.

(2) The application, by section 34 of this Act, of section 259 of the [1972 c. 70.] Local Government Act 1972 (compensation for loss of office), and accordingly the [S.I. 1974/463.] Local Government (Compensation) Regulations 1974, shall cease to have effect in relation to any loss of employment or loss or diminution of emoluments resulting, after the passing of the Water Act 1983, from the making, varying or ending of any arrangements.

Interpretation

9 In this Schedule, and in section 15 of this Act—

• " council" means the council of a district or London borough or the Common Council of the City of London ;

• " relevant authority " means a council or—

  (a)

  in relation to a new town as respects which an order is in force under section 34 of the [1981 c. 64.] New Towns Act 1981 (provision of sewers and sewage disposal works by development corporation), the development corporation or any council within whose area the town is wholly or partly situated ;

  (b)

  in relation to a new town as respects which an order is in force under paragraph 51 of Schedule 3 to the [1976 c. 75.] Development of Rural Wales Act 1976 (provision of sewers and sewage disposal works by Development Board for Rural Wales), the Board or any council within whose area the town is wholly or partly situated ;

  (c)

  in relation to an area designated as an urban development area under Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980, the urban development corporation or any council within whose area the urban development area is wholly or partly situated ; and

• "sewerage functions" means, in relation to a water authority, the functions of the authority under Part II of the [1936 c. 49.] Public Health Act 1936, other than those relating to sewage disposal”