Water Act 1989

Section 128.

SCHEDULE 13 Amendments of the Water Resources Act 1963

General

1 (1) Subject to the following provisions of this Schedule and to any repeal made by this Act, in the [1963 c. 38.] Water Resources Act 1963 (in this Schedule referred to as “the 1963 Act”) and in any subordinate legislation made under that Act, for any reference (however framed) to any one or more water authorities and for any reference which falls to be construed as such a reference there shall be substituted a reference to the Authority.

(2) Sub-paragraph (1) above does not apply to section 19 of the 1963 Act (which is amended, instead, by section 127 of this Act).

(3) It is hereby declared that the amendments made by paragraphs 23(2), 25 and 32(11) below have effect in place of any provision which has effect immediately before the transfer date under the Ministers of the [1975 c. 26.] Crown Act 1975 for determining the Minister or Ministers by whom functions under that Act are exercisable and which makes different provision according to the water authority in relation to which the functions are exercised.

Section 2(1) of the 1963 Act

2 For subsection (1) of section 2 of the 1963 Act (meaning of “water resources” and “source of supply”) there shall be substituted the following subsection—

“(1) In this Act “source of supply” means any inland water, other than one falling within subsection (3) of this section, or any underground strata in which water is or at any time may be contained.”

Section 17 of the 1963 Act

3 In section 17 of the 1963 Act (gauges and records kept by certain persons), in subsection (1), for the words from “on or after” to “other than”, in the second place where they occur, there shall be substituted the words “to install a gauge for measuring and recording the flow, level or volume of any inland water, other than”.

Section 22 of the 1963 Act

4 In section 22 of the 1963 Act (measurement of volume instead of or in addition to flow), for the references in subsections (1) and (2) to sections 19 and 20 of that Act there shall be substituted references to section 19 of that Act.

Section 23 of the 1963 Act

5 In section 23(1) of the 1963 Act (general restrictions), for the words from “as from” to “or cause” there shall be substituted the words “no person shall abstract from any source of supply or cause”.

Section 24 of the 1963 Act

6 (1) In subsection (1) of section 24 of the 1963 Act (exceptions from general restrictions), for the words “one thousand gallons”, in each place where they occur, there shall be substituted the words “five cubic metres”.

(2) After that subsection there shall be inserted the following subsection—

“(1A) The restriction imposed by subsection (1) of the last preceding section does not apply to any abstraction of a quantity of water not exceeding twenty cubic metres if the abstraction is with the consent of the National Rivers Authority and does not form part of a continuous operation, or of a series of operations, whereby in the aggregate more than twenty cubic metres of water are abstracted.”

(3) In subsection (2) of that section (exception for abstraction for domestic purposes or agricultural purposes), after paragraph (b) there shall be inserted the words—

“unless the abstraction is such that the quantity of water abstracted from that inland water by or on behalf of the occupier by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.”

(4) In subsection (3) of that section (exception for abstraction from underground strata for domestic purposes), at the end there shall be inserted the words—

“unless the abstraction is such that the quantity of water abstracted from the strata by or on behalf of that individual by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.”

(5) Sub-paragraphs (3) and (4) above shall not have effect until the end of the period of twelve months beginning with the transfer date.

Section 25 of the 1963 Act

7 (1) In subsection (1) of section 25 of the 1963 Act (power to apply to the Minister for an order excepting a source of supply from restrictions), for the words from “in a” to “from” there shall be substituted the word “from”.

(2) In subsection (6) of that section (application of Schedule 7 to the 1963 Act to that section), in paragraph (a) for the words from “unless” to “shall be” there shall be substituted the words “shall be”.

(3) In subsection (7) of that section (directions of Minister relating to draft order), for the words before paragraph (a) there shall be substituted the words “If, in the case of a source of supply—”.

Section 28 of the 1963 Act

8 (1) In subsection (1) of section 28 of the 1963 Act (publication of application for a licence)—

(a) in paragraph (b), after the word “served” there shall be inserted the words “on any water undertaker within whose area any proposed point of abstraction is situated,”; and

(b) after that paragraph there shall be inserted the words “and

(c) where the licence applied for is for abstraction from underground strata, that a copy of the notice has, not later than the date mentioned in the preceding paragraph, been served on any water undertaker within whose area any proposed point of abstraction is situated.”

(2) After subsection (3) of that section there shall be inserted the following subsection—

“(3A) Where—

(a) an application for a licence under this Act to abstract water is made to the National Rivers Authority; and

(b) the application proposes that the quantity of water abstracted in pursuance of the licence should not in any period of twenty-four hours exceed, in aggregate, twenty cubic metres or any lesser amount specified in the application,

the Authority may dispense with the requirements imposed by virtue of the preceding provisions of this section if and to the extent that it appears to the Authority appropriate to do so.”

Section 29 of the 1963 Act

9 (1) In subsection (2) of section 29 of the 1963 Act (licence not to be granted in derogation of protected rights), at the end there shall be inserted the words “except with the consent of the person entitled to those rights.”

(2) In subsection (6) of that section (duty to have regard to minimum acceptable flow), after the word “secure” there shall be inserted the words “(or, as the case may be, secure in relation to the different times or periods for which the flow is determined)”.

Section 30(3) of the 1963 Act

10 In section 30(3) of the 1963 Act (matters to be specified in licence), for the words from “or to” to “undertakers”, in the second place where it occurs, there shall be substituted the words “to a water undertaker or sewerage undertaker or to any person (not being a water undertaker) who proposes to abstract the water for the purpose of supplying it to others”.

Section 32 of the 1963 Act

11 In subsection (2) of section 32 of the 1963 Act (notification of succession to licence), except in relation to a person who, under that subsection, has ceased more than one month before the transfer date to be the holder of the licence in question, for the words “one month” there shall be substituted the words “fifteen months”.

Section 36(1) of the 1963 Act

12 In section 36(1) of the 1963 Act (general restriction on impounding works), for the words from “after” to “(not being” there shall be substituted the words “begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in an inland water (not being”.

Section 38(1) of the 1963 Act

13 In section 38(1) of the 1963 Act (reference of applications to the Minister), after the word “directions” there shall be inserted the words “to the National Rivers Authority”.

Section 41 of the 1963 Act

14 (1) In subsection (1) of section 41 of the 1963 Act (provisions supplementary to sections 38 to 40), for the words after paragraph (a) there shall be substituted the words “; and

(b) appeals to the Minister under section 39 of this Act.”

(2) In subsection (2) of that section (application of certain provisions to references and appeals to the Minister), for the words “and (3) of section 28” there shall be substituted the words “(3) and (3A) of section 28”.

Section 45(1)(a) of the 1963 Act

15 In section 45(1)(a) of the 1963 Act (special provisions as to spray irrigation), for the words from “source” to “authorising” there shall be substituted the words “source of supply, authorising”.

Section 48(1) of the 1963 Act

16 In section 48(1) of the 1963 Act (revocation or variation of authorisations under certain statutory provisions)—

(a) for the words “statutory water undertakers or other persons are” there shall be substituted the words “any water undertaker or sewerage undertaker to which rights under that provision have been transferred in accordance with a scheme under Schedule 2 or 5 to the Water Act 1989 or any other person is”; and

(b) for the words “those undertakers or other persons” there shall be substituted the words “that undertaker or other person”.

Section 53 of the 1963 Act

17 (1) In subsection (1) of section 53 of the 1963 Act (register of applications and licences), for the words “a register” there shall be substituted the word “registers”.

(2) In subsection (2) of that section (register of applications by water authority etc.), for the words from “applications” to “in”, in the first place where it occurs, there shall be substituted the words “applications made in”.

(3) In subsection (3) of that section (availability of register for inspection)—

(a) at the beginning there shall be inserted the words “The contents of”; and

(b) after the word “available” there shall be inserted the words “at such place as may be prescribed”.

(4) Subject to any regulations under the 1963 Act, the information which the Authority is required to keep in registers kept under that section shall include any information which immediately before the transfer date was contained in a register kept under that section by a water authority.

Section 60 of the 1963 Act

18 (1) In subsection (2) of section 60 of the 1963 Act (exemption from, and reduction of, charges)—

(a) in paragraph (a), for the words “functions conferred on the water authority by section 9 of the Water Act 1973” there shall be substituted the words “functions of the National Rivers Authority under any enactment”; and

(b) paragraph (bb) (duty to have regard to need to conserve energy) shall be omitted.

(2) After subsection (5) of that section there shall be inserted the following subsection—

“(5A) No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the National Rivers Authority of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.”

(3) In subsection (6) of that section, at the end there shall be inserted the words “and the quantity of water authorised to be abstracted from the strata in any period of twenty-four hours does not exceed twenty cubic metres in aggregate.”

Section 64 of the 1963 Act

19 For section 64 of the 1963 Act (enforcement of charges) there shall be substituted the following section—

“64 Revocation for non-payment of charges

(1) If the charges payable in respect of a licence under this Act are not paid within twenty-eight days after notice demanding them has been served on the holder of the licence, the National Rivers Authority may revoke the licence by the service of a notice of revocation on the holder of the licence.

(2) A notice demanding the payment of any charges which is served for the purposes of subsection (1) of this section shall—

(a) state that the licence in question may be revoked if the charges are not paid within twenty-eight days after the service of the notice;

(b) set out the effect of revocation; and

(c) state that no compensation is payable in respect of a revocation under this section.

(3) Revocation of a licence under this section shall take effect at such time, not being a time before the end of the period of twenty-eight days after notice of revocation is served on the holder of the licence, as may be specified in that notice and shall so take effect only if the charges in question are not paid before that time.

(4) A notice of revocation served under this section shall—

(a) set out the reason for the revocation; and

(b) state that the revocation will take effect only if the charges in question are not paid before the time specified in the notice.”

Section 78 of the 1963 Act

20 (1) In subsection (1) of section 78 of the 1963 Act (borings not requiring licences), for the words from “at any time” to “a well” there shall be substituted the words “any person proposes to construct a well”.

(2) In subsection (2) of that section, for the words from “after” to “for the” there shall be substituted the words “a person proposes to construct or extend a boring for the”.

Section 79 of the 1963 Act

21 (1) In subsection (3) of section 79 of the 1963 Act (byelaws preventing use of boats on inland waters), for the words from “their new” to “their area” there shall be substituted the words “any of the water resources functions of the National Rivers Authority or any of that Authority’s functions by virtue of Chapter III or IV of Part III of the Water Act 1989, that Authority may make byelaws prohibiting such inland waters”.

(2) In subsection (4)(d) of that section (byelaws not to apply to reservoir belonging to statutory water undertakers), for the words “statutory water undertakers other than the water authority” there shall be substituted the words “a water undertaker”.

Section 81 of the 1963 Act

22 (1) In subsection (1) of section 81 of the 1963 Act (agreements for particular purposes)—

(a) for the words from the beginning to “statutory water undertakers” there shall be substituted the words “The powers of the National Rivers Authority by virtue of section 145 of the Water Act 1989 shall (without prejudice to the generality of those powers) include power, subject to the next following subsection, to enter into an agreement with any water undertaker, with any sewerage undertaker”;

(b) for the words in paragraph (a) from “within” onwards there shall be substituted the words “which that Authority considers necessary or expedient in connection with the carrying out of any of the water resources functions of that Authority;”

(c) for the words in paragraph (c) from “within” onwards there shall be substituted the words “for any purpose connected with the carrying out of any of the functions mentioned in paragraph (a) of this subsection”; and

(d) for the words in paragraph (d) from “in the” onwards there shall be substituted the words “is to be operated.”

(2) For subsection (2) of that section (directions with respect to agreements under subsection (1)) there shall be substituted the following subsection—

“(2) The Minister may by a direction to the National Rivers Authority direct that, in such cases or classes of cases as are specified in the direction, that Authority shall not enter into any such agreement as is mentioned in subsection (1) of this section except with his consent.”

(3) In subsections (3) and (5) of that section, for the words “under this section” there shall be substituted the words “such as is mentioned in subsection (1) of this section”; and in subsection (4) of that section for the words “is made under this section” there shall be substituted the words “such as is mentioned in subsection (1) of this section is made”.

Section 82 of the 1963 Act

23 (1) In subsection (1) of section 82 of the 1963 Act (transfers of certain property and functions and of reservoirs, wells, boreholes, etc.), for the words from “any one” to the end of the subsection there shall be substituted the words “any of the functions or property of a navigation authority, conservancy authority or harbour authority.”

(2) For subsection (9) of that section (definition of “the Ministers”) there shall be substituted the following subsection—

“(9) In this section and Schedule 10 to this Act “the Ministers” means the Minister, the appropriate Minister and (except where all the functions in question are exercisable in Wales and all the property in question is situated there) the Minister of Agriculture, Fisheries and Food and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly.”

(3) Any functions which immediately before the transfer date are functions of a water authority by virtue of an order or agreement under that section shall on that date become functions of the Authority; and, on and after the transfer date, any provision made with respect to the transfer of any functions by such an order and in force or effective immediately before that date shall have effect, with the necessary modifications, in relation to the Authority as it had effect in relation to the water authority in whom those functions were vested before that date.

Section 91 of the 1963 Act

24 (1) In subsection (1) of section 91 of the 1963 Act (contributions to navigation, harbour or conservancy authorities), for the words from “purposes” to “contribute” there shall be substituted the words “purposes of the water resources functions of the National Rivers Authority, that Authority shall contribute”.

(2) In subsection (2) of that section (contributions from navigation, harbour or conservancy authorities), for the words from “performance”, in the first place where it occurs, to “performance”, in the second place where it occurs, there shall be substituted the words “carrying out by the National Rivers Authority of its water resources functions have made, or will make, a beneficial contribution towards the carrying out”.

Section 106(1) of the 1963 Act

25 In section 106(1) of the 1963 Act (compensation for officers and servants), for the words from the beginning to “jointly” there shall be substituted the words “The Ministers (within the meaning of section 82 of this Act)”.

Section 109 of the 1963 Act

26 For subsections (2) and (3) of section 109 of the 1963 Act (local inquiries) there shall be substituted the following subsection—

“(2) Section 181 of the Water Act 1989 (local inquiries) shall apply in relation to any local inquiry by virtue of this Act as it applies in relation to local inquiries under that Act.”

Section 126(3) of the 1963 Act

27 In subsection (3) of section 126 of the 1963 Act (border rivers), for the words from the beginning to “shall” there shall be substituted the words “The provisions of this Act relating to the water resources functions of the National Rivers Authority shall”.

Section 128 of the 1963 Act

28 In section 128(2) of the 1963 Act (savings for drought orders), for the words from “in a” to “holders” there shall be substituted the words “shall be treated as if it had been authorised to be so abstracted by a licence granted under this Act, whether the water undertaker to which the order relates is the holder”.

Section 131 of the 1963 Act

29 In section 131(2)(a) of the 1963 Act (licence in respect of waters owned or managed by the British Waterways Board), after “Act” there shall be inserted the words “and no person other than the Board or a person authorised for the purpose by the Board may be given a consent for the purposes of section 24 (1A) of this Act”.

Section 132 of the 1963 Act

30 In section 132 of the 1963 Act (ecclesiastical property)—

(a) in subsection (1)(d), for the words from “any reference” to “Church Commissioners” there shall be substituted the words “the licence shall be deemed for all purposes to be held by the Church Commissioners at any time when the benefice in question is vacant;” and

(b) in subsection (6), for the words from the beginning to “so modified” there shall be substituted the words “Where by virtue of subsection (1)(d) of this section”.

Section 135 of the 1963 Act

31 (1) In subsection (1) of section 135 of the 1963 Act (definitions)—

(a) in the definition of “abstraction”, for the words from “in”, in the third place where it occurs, to “in that area” there shall be substituted the words “means the doing of anything whereby any of that water is removed from that source of supply, whether temporarily or permanently, including where it is so removed for the purpose of being transferred to another source of supply”;

(b) for paragraphs (a) to (c) of the definition of “inland water” there shall be substituted the following paragraphs—

“(a) any river, stream or other water course, whether natural or artificial and whether tidal or not;

(b) any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; and

(c) so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition;”

(c) for the definition of “the Minister” there shall be substituted the following definition—

““the Minister” means the Secretary of State;”

(d) for the definition of “water resources” there shall be substituted the following definition—

““water resources functions”, in relation to the National Rivers Authority, means the functions of that Authority under this Act or any other enactment which are functions of that Authority by virtue of Chapter II of Part III of the Water Act 1989, other than functions which have been transferred to the Authority by paragraph 23(3) of Schedule 13 to that Act or otherwise by virtue of an order under section 82 of this Act;”

(e) for paragraph (a) of the definition of “water course” there shall be substituted the following paragraph—

“(a) mains and other pipes which belong to the Authority or a water undertaker or are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises;”.

(2) In subsection (2)(a) of that section, for the words from “new” to “pollution” there shall be substituted the words “water resources functions of the National Rivers Authority”.

(3) In subsection (3) of that section, for paragraph (a) there shall be substituted the following paragraph—

“(a) a sewerage undertaker”.

Schedule 7 to the 1963 Act

32 (1) In paragraph 1 of Schedule 7 to the 1963 Act (draft statements to which Part I of Schedule applies), for the words “or section 20(1)(a) of this Act” there shall be substituted the words “of this Act other than a draft statement for amending provision for determining the minimum acceptable flow for any inland water.”

(2) In paragraph 2(b) of that Schedule (inspection of proposed draft statement), for the words from “a place” to “where” there shall be substituted the words “the place where”.

(3) In sub-paragraph (a) of paragraph 3 of that Schedule (notice in newspapers), for the words from “circulating” to the end of the sub-paragraph there shall be substituted the words “circulating in the locality in which the inland water to which the draft statement relates is situated; or”.

(4) In paragraph 4 of that Schedule (persons to be served with notice)—

(a) in sub-paragraph (b), for the words “statutory water undertakers” there shall be substituted the words “water undertaker”; and

(b) in sub-paragraph (c), for the words “statutory water undertakers who were” there shall be substituted the words “water undertaker which was”.

(5) In paragraph 6 of that Schedule (duty to furnish copy of draft statement), for the words from “not exceeding” onwards there shall be substituted the words “as the National Rivers Authority thinks reasonable.”

(6) In paragraph 10 of that Schedule (draft statements for amending minimum acceptable flows)—

(a) for the words from “prepared” to “section 20(1)(b) of this Act” there shall be substituted the words “contained in a draft statement for amending provision for determining the minimum acceptable flow for any inland water”; and

(b) the words from “subject” onwards shall be omitted.

(7) In paragraph 11 of that Schedule (amendment of statement of minimum acceptable flows), for the words “amend the statement of” there shall be substituted the words “approve the statement for amending the provision for determining any”.

(8) In paragraph 12 of that Schedule (procedure in relation to objections), for the words from “amending” to “relate” there shall be substituted the words “determining whether to approve the statement”.

(9) In paragraph 13 of that Schedule (procedure after amendment made), for the words from “amended”, in the first place where it occurs, to “amended”, in the second place where it occurs, there shall be substituted the words “to be amended by virtue of the approval (with or without alterations) of proposals submitted to the Minister, the Minister shall give notice to the National Rivers Authority—

(a) stating that he has given his approval to an amendment”.

(10) In paragraph 16(b) of that Schedule (cases to which paragraph 17 applies), for the words “or section 20 of this Act or by Part III of this Schedule” there shall be substituted the words “of this Act”.

(11) In paragraph 17(1) of that Schedule (meaning of “Minister” in certain cases), for the words “the Ministers” there shall be substituted the words “the Minister and the Minister of Agriculture, Fisheries and Food, acting jointly.”

Schedule 10 to the 1963 Act

33 In paragraph 2(b) of Schedule 10 to the 1963 Act (persons to be notified of proposal to make order under section 82), for the words “harbour authority or statutory water undertakers” there shall be substituted the words “or harbour authority”.