Water Act 1983

Section 11(2).

SCHEDULE 4 Minor and Consequential Amendments

Water Act 1973 (c. 37)

1 In section 7(1) of the principal Act (supply of goods and services to public bodies), in paragraph (a), for the words " and the Council were each " there is substituted the word " were " .

2 In section 26(1) of the principal Act (duties of statutory water undertakers to their staff), after the word " make " there is inserted the word "such "and for the words from " and in doing so " to the end there are substituted the words " as they consider to be appropriate " .

Control of Pollution Act 1974 (c. 40)

3 In section 52(1) of the Control of Pollution Act 1974 (charges in respect of certain discharges in England and Wales) for the words " an order made after consultation with the National Water Council ", there is substituted the word " order " .

Salmon and Freshwater Fisheries Act 1975 (c. 51)

4 (1) In section 28 of the Salmon and Freshwater Fisheries Act 1975 (general powers and duties of water authorities in relation to fisheries) after subsection (2) there is inserted the following subsection—

“(2A) A water authority may pay to any member of an advisory committee established by it in accordance with paragraph (b) of subsection (1) above such allowances as may be determined by the Minister with the consent of the Treasury.”.

(2) In section 41 of that Act (interpretation) after subsection (2) there is inserted the following subsection—

“(2A) In section 28(2A) above, the reference to the Minister shall be construed, in relation to the Welsh Water Authority, as a reference to the Secretary of State.”.

Land Drainage Act 1976 (c. 70)

5 For paragraph 10 of Schedule 1 to the Land Drainage Act 1976 (payments to chairmen of regional and local land drainage committees) there is substituted the following paragraph—

“10 (1) A water authority shall pay to any person who, not being a member of the authority, is chairman of one of their local land drainage committees such remuneration and allowances as may be determined by the appropriate Minister with the consent of the Treasury and, if that Minister so determines in the case of any such person who is or has been chairman of such a committee, shall pay or make arrangements for the payment of a pension in relation to that person in accordance with the determination.

(2) If a person ceases to be chairman of the regional land drainage committee or of a local land drainage committee of a water authority and it appears to the appropriate Minister that there are special circumstances which make it right that that person should receive compensation in respect of his ceasing to be chairman (whether or not he becomes or remains a member of the authority), the appropriate Minister may require the authority to pay to that person a sum of such amount as that Minister may determine with the consent of the Treasury.

(3) A water authority may pay to any person who, not being a member of the authority, is a member of their regional land drainage committee or of one of their local land drainage committees such allowances as may be determined by the appropriate Minister with the consent of the Treasury.

(4) In this paragraph—

• ' the appropriate Minister ' means—

  (a)

  in the case of the Welsh Water Authority, the Secretary of State ; and

  (b)

  in any other case, the Minister ; and

• ' pension ', in relation to any person, means a pension (whether contributory or not) of any kind payable to or in respect of him, and includes an allowance, gratuity or lump sum so payable and a return of contributions with or without interest or any other addition”.

6 In Schedule 1 to the Act of 1976 (members and proceedings of regional and local land drainage committees), after paragraph 14, there are inserted the following paragraphs—

“14A The validity of any proceedings of a regional land drainage committee or local land drainage committee shall not be affected by any vacancy among the members of the committee or by any defect in the appointment of such a member.

14B (1) Subject to the following provisions of this paragraph, the provisions of sections 94 to 98 of the [1972 c. 70.] Local Government Act 1972 (pecuniary interests of members of local authorities) shall apply in relation to members of a regional land drainage committee and those of a local land drainage committee as those provisions apply in relation to members of local authorities.

(2) In their application by virtue of this paragraph those provisions shall have effect in accordance with the following provisions—

(a) for references to meetings of the local authority there shall be substituted references to meetings of the committee,

(b) in section 94(4) for the reference to provision being made by standing orders of a local authority there shall be substituted a reference to provisions being made by direction of the committee,

(c) in section 96 for references to the proper officer of the local authority there shall be substituted a reference to an officer of the committee appointed for the purposes of this paragraph,

(d) section 97 shall apply as it applies to a local authority other than a parish or community council.

14C A minute of the proceedings of a meeting of a regional land drainage committee or local land drainage committee, purporting to be signed at that or the next ensuing meeting by the chairman of the meeting to the proceedings of which the minute relates or by the chairman of the next ensuing meeting, shall be evidence of the proceedings and shall be received in evidence without further proof; and, until the contrary is proved, every meeting in respect of the proceedings of which a minute has been so signed shall be deemed to have been duly convened and held, and all the proceedings had at the meeting to have been duly had, and that committee or subcommittee shall be deemed to have been duly constituted and have had power to deal with the matters referred to in the minute.”

Local Government, Planning and Land Act 1980 (c. 65)

7 In section 25(3) of the Local Government, Planning and Land Act 1980 (allowances in relation to meetings etc. of water authorities) for the words from the beginning to " (3B) " there are substituted the words " The following subsection shall be inserted after section 175(3) of the said Act of 1972:— ' (3B) " .

Transitional provisions

8 The repeals contained in Schedule 5 below shall not affect the operation of paragraph 31(1) and (2) of Schedule 3 to the principal Act in relation to any period before the day appointed for the purposes of section 3(1) of this Act.

9 In any case where—

(a) the Treasury have given a guarantee under paragraph 36(1) of Schedule 3 to the principal Act in respect of any sum borrowed by the Council; and

(b) any liability of the Council relating to repayment of the principal of, or payment of interest on, the sum so borrowed (or any part of that sum) has become a liability of one or more water authorities, whether by virtue of an order under section 3(4) of this Act or otherwise ;

paragraph 36(1) of Schedule 3 shall have effect as if it empowered the Treasury to give a new guarantee in respect of that liability.