Water Act 1989

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

(a) the Authority;

(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 [1925 c. 71.] Public Health Act 1925;

(ii) the [1936 c. 49.] Public Health Act 1936;

(iii) section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948;

(iv) the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;

(v) sections 20 and 30 of the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(vi) the [1954 c. 56.] Landlord and Tenant Act 1954;

(vii) the [1957 c. 59.] Coal-Mining (Subsidence) Act 1957;

(viii) the [1958 c. 69.] Opencast Coal Act 1958;

(ix) section 17(10) of the [1961 c. 64.] Public Health Act 1961;

(x) the [1962 c. 58.] Pipe-lines Act 1962;

(xi) Schedule 3 to the [1964 c. 40.] Harbours Act 1964;

(xii) Schedule 6 to the [1965 c. 36.] Gas Act 1965;

(xiii) section 40 of the [1967 c. 10.] Forestry Act 1967;

(xiv) section 2 of the [1968 c. 41.] Countryside 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 [1969 c. 51.] Development of Tourism Act 1969;

(xvi) sections 1B, 22, 40, 48, 49, 58F, 118(2), 127 to 129, 132, 149, 165(3), 181 to 183, 186, 192, 206(6), 209(3), 210(2), 216, 222, 223, 225 to 241, 245(7)(a), 255, 281(6)(b) and 290(2) of, and Schedule 10, paragraphs 1 to 3 of Schedule 19 and Schedule 20 to, the [1971 c. 78.] Town and Country Planning Act 1971;

(xvii) paragraph 36 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972;

(xviii) sections 51 and 71 of the [1973 c. 26.] Land Compensation Act 1973;

(xix) section 73 of the [1974 c. 40.] Control of Pollution Act 1974;

(xx) the [1975 c. 70.] Welsh Development Agency Act 1975;

(xxi) Part I of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;

(xxii) the [1976 c. 75.] Development of Rural Wales Act 1976;

(xxiii) the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;

(xxiv) Parts XII and XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

(xxv) the [1980 c. 66.] Highways Act 1980;

(xxvi) subject to sub-paragraph (5) below, the [1981 c. 64.] New Towns Act 1981;

(xxvii) the [1981 c. 67.] Acquisition of Land Act 1981;

(xxviii) the [1982 c. 16.] Civil Aviation Act 1982;

(xxix) section 30 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;

(xxx) section 2(2)(c) of the [1984 c. 38.] Cycle Tracks Act 1984;

(xxxi) the [1984 c. 55.] Building Act 1984;

(xxxii) Part IX and section 611 of the [1985 c. 68.] Housing Act 1985.

(3) The Authority, a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the [1927 c. 36.] Landlord and Tenant Act 1927.

(4) The references in the [1939 c. 31.] Civil Defence Act 1939 to public utility undertakers do not include references to the Authority 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 [1973 c. 26.] Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to the National Rivers Authority, 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 [1978 c. 50.] Inner 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; and the Authority, a water undertaker or a sewerage undertaker shall be deemed to be undertakers for the purposes of section 160 of that Act (powers as respects certain unnecessary obstructions of highways).

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

(a) in the case of the Authority, 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 [1958 c. 69.] Opencast Coal Act 1958;

(ii) Schedule 3 to the [1964 c. 40.] Harbours Act 1964;

(iii) paragraph 2 of Schedule 6 to the [1965 c. 36.] Gas Act 1965;

(iv) sections 1B, 58C, 58M, 58N, 206(6), 225 to 238, 281(6)(b) and 290(2) of, and Schedules 10 and 20 to, the [1971 c. 78.] Town and Country Planning Act 1971;

(v) the [1975 c. 70.] Welsh Development Agency Act 1975;

(vi) the [1976 c. 75.] Development of Rural Wales Act 1976;

(vii) sections 121 and 290 of the [1980 c. 66.] Highways Act 1980;

(viii) the [1981 c. 64.] New Towns Act 1981;

(ix) the [1981 c. 67.] Acquisition of Land Act 1981.

(11) References to a local authority in the following enactments (which define “local authority” by reference to the [1875 c. 83.] Local Loans Act 1875) shall not include references to the National Rivers Authority, namely—

(i) the [1958 c. 69.] Opencast Coal Act 1958;

(ii) the [1971 c. 78.] Town and Country Planning Act 1971;

(iii) Part I of Schedule 6 to the Highways Act 1980;

(iv) the New Towns Act 1981;

(v) the Acquisition of Land Act 1981.