Water Act 1989

Byelaws under section 17 of the Water Act 1945

19 (1) Subject to sub-paragraph (2) below, any byelaws made or having effect as if made under section 17 of the 1945 Act and in force immediately before the transfer date and section 19 of that Act so far as it relates to any such byelaws shall, notwithstanding any repeal made by this Act, have effect on and after that date as they had effect before that date but as if—

(a) for any reference (however framed) in those byelaws or in section 19(2), (4) or (5) of that Act to the undertakers who made the byelaws there were substituted, in relation to each locality to which those byelaws relate, a reference to the water undertaker for the area in which that locality is situated; and

(b) every duty imposed on a water undertaker by virtue of paragraph (a) above were enforceable under section 20 of this Act by the Secretary of State;

and, notwithstanding any repeal by this Act, Part V of that Act shall accordingly have effect in relation to any provisions having effect under this paragraph as it had effect in relation to those provisions immediately before the transfer date.

(2) The power of the Secretary of State under section 62 of this Act to make regulations with respect to the matters specified in that section shall include power, by regulations under that section—

(a) to modify the operation of sub-paragraph (1) above in relation to any byelaws made under section 17 of the 1945 Act and having effect by virtue of that sub-paragraph; and

(b) to revoke or amend any such byelaws.

(3) So long as any byelaws under section 17 of the 1945 Act have effect by virtue of this paragraph, the references in the provisions of sections 43(1)(g), 45(6)(c) and 46(3)(b) of this Act to such regulations under section 62 of this Act as are prescribed for the purposes of those provisions shall include references to any byelaws which have effect by virtue of this paragraph.