Water Act 1989

Changes over time for: Paragraph 1

Version Superseded: 01/10/1998

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Water Act 1989, Paragraph 1 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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1(1)Each of the following, that is to say—

(a)[F1the Environment Agency];

(b)every water undertaker; and

(c)every sewerage undertaker,

shall be deemed to be statutory undertakers, and its undertaking a statutory undertaking, for the purposes of the enactments specified in sub-paragraph (2) below.

(2)The enactments mentioned in sub-paragraph (1) above are—

(i)the M1Public Health Act 1925;

(ii)the M2Public Health Act 1936;

(iii)section 4 of the M3Requisitioned Land and War Works Act 1948;

(iv)the National Parks and Access to the M4Countryside Act 1949;

(v)sections 20 and 30 of the M5Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(vi)the M6Landlord and Tenant Act 1954;

(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(viii)the M7Opencast Coal Act 1958;

(ix)section 17(10) of the M8Public Health Act 1961;

(x)the M9Pipe-lines Act 1962;

(xi)Schedule 3 to the M10Harbours Act 1964;

(xii)Schedule 6 to the M11Gas Act 1965;

(xiii)section 40 of the M12Forestry Act 1967;

(xiv)section 2 of the M13Countryside Act 1968, in so far as references in that section to a public body are to be construed as references to a statutory undertaker, and sections 13 and 16 of, and Schedule 2 to, that Act;

(xv)section 5 of the M14Development of Tourism Act 1969;

(xvi)(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(xviii)sections 51 . . . F4 of the M15Land Compensation Act 1973;

(xix)section 73 of the M16Control of Pollution Act 1974;

(xx)the M17Welsh Development Agency Act 1975;

(xxi)Part I of the M18Local Government (Miscellaneous Provisions) Act 1976;

(xxii)the M19Development of Rural Wales Act 1976;

(xxiii)the M20Ancient Monuments and Archaeological Areas Act 1979;

(xxiv)Parts XII and XVI of the M21Local Government, Planning and Land Act 1980;

(xxv)the M22Highways Act 1980;

(xxvi)subject to sub-paragraph (5) below, the M23New Towns Act 1981;

(xxvii)the M24Acquisition of Land Act 1981;

(xxviii)the M25Civil Aviation Act 1982;

(xxix)section 30 of the M26Local Government (Miscellaneous Provisions) Act 1982;

(xxx)section 2(2)(c) of the M27Cycle Tracks Act 1984;

(xxxi)the M28Building Act 1984;

(xxxii)Part IX and section 611 of the M29Housing Act 1985.

(3)[F1The Environment Agency], a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the M30Landlord and Tenant Act 1927.

(4)The references in the M31Civil Defence Act 1939 to public utility undertakers do not include references to [F1the Environment Agency] or to any water undertaker or sewerage undertaker and, accordingly, references in that Act to a public utility undertaking do not include references to the undertaking of the Authority or of such an undertaker.

(5)The references in section 39 of the New Towns Act 1981 (power of development corporation to transfer undertakings) to statutory undertakers do not include references to any water undertaker or sewerage undertaker and, accordingly, references in that section to a statutory undertaking do not include references to the statutory undertaking of such an undertaker.

(6)References in section 26 of the M32Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to [F5the Environment Agency], a water undertaker or a sewerage undertaker.

(7)A water undertaker or sewerage undertaker shall be deemed to be statutory undertakers for the purposes of section 9(3) of the M33Inner Urban Areas Act 1978 (loans for site preparation).

(8)A water undertaker or sewerage undertaker shall be deemed to be public utility undertakers for the purposes of the Highways Act 1980 F6. . .

(9)In the enactments specified in sub-paragraph (10) below, “the appropriate Minister”, in relation to statutory undertakers, means—

(a)in the case of [F1the Environment Agency], the Secretary of State or the Minister; and

(b)in the case of a water undertaker or sewerage undertaker, the Secretary of State.

(10)The enactments mentioned in sub-paragraph (9) above are—

(i)the M34Opencast Coal Act 1958;

(ii)Schedule 3 to the M35Harbours Act 1964;

(iii)paragraph 2 of Schedule 6 to the M36Gas Act 1965;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(v)the M37Welsh Development Agency Act 1975;

(vi)the M38Development of Rural Wales Act 1976;

(vii)sections 121 and 290 of the M39Highways Act 1980;