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Water Act 1989

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This is the original version (as it was originally enacted).

Arrangements for carrying out sewerage functions

15(1)This paragraph applies to any arrangements between a water authority and a relevant authority which have been made under section 15 of the 1973 Act (arrangements for carrying out sewerage functions) and are in force immediately before the transfer date.

(2)Subject to the following provisions of this paragraph, the arrangements shall continue in force on and after the transfer date, with the necessary modifications and any alterations or variations made before that date under paragraph 3 or 5 of Schedule 4A to the 1973 Act, as if—

(a)the relevant authority had entered into them for the purposes of section 73 of this Act with the sewerage undertaker for the relevant area, that is to say, the area which immediately before that date is the water authority’s area for the purposes of section 14 of that Act; and

(b)any reference in the arrangements to any enactment which is repealed by this Act and to which any provision made by this Act corresponds were a reference to the corresponding provision of this Act.

(3)Subject to sub-paragraph (5) below, on and after the transfer date the arrangements shall be varied only by agreement between the sewerage undertaker for the relevant area and the relevant authority and shall be brought to an end only by such agreement or under sub-paragraph (4) below.

(4)Subject to sub-paragraph (6) below, the arrangements may be brought to an end by the sewerage undertaker for the relevant area or the relevant authority giving reasonable notice to the other.

(5)Any reasonable notice with respect to the arrangements which has been given before the transfer date under paragraph 5(1)(b) of Schedule 4A to the 1973 Act (termination of arrangements by relevant authority) shall, if it expires after the transfer date, take effect when it expires as if it had been reasonable notice given under sub-paragraph (4) above to the sewerage undertaker for the relevant area.

(6)The sewerage undertaker for the relevant area shall not give any notice under sub-paragraph (4) above which expires before 1st April 1992.

(7)Section 101(2) of the [1972 c. 70.] Local Government Act 1972 (delegation by committee or sub-committee) shall apply for the purposes of the arrangements only if and to the extent that the sewerage undertaker for the relevant area does not otherwise direct.

(8)In this paragraph “relevant authority” has the same meaning as in section 73 of this Act.

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