Water Act 1989

Sewerage functions under the Public Health Acts

13 (1) Where an appointment under Chapter I of Part II of this Act of the successor company of a water authority as the sewerage undertaker for any area comes into force on the transfer date, then, without prejudice to the transfer of any statutory rights or liabilities in accordance with a scheme under Schedule 2 to this Act or to the following provisions of this paragraph, the following enactments, that is to say—

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

(b) the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937; and

(c) Part V of the [1961 c. 64.] Public Health Act 1961,

shall have effect on and after that date as if any declaration or application made, notice given or other thing done by or in relation to that authority for the purposes of, or in connection with, the carrying out of any of the functions under those enactments which are conferred on sewerage undertakers by virtue of this Act had been made, given or done by or in relation to the sewerage undertaker for the area which immediately before that date is the water authority’s area for the purposes of section 14 of the 1973 Act.

(2) The provisions of Schedule 8 to this Act which vest functions of the Secretary of State in the Director in relation to appeals, references and applications under—

(a) the said Act of 1937;

(b) the said Part V; or

(c) section 43(5) or 45(4) of the [1974 c. 40.] Control of Pollution Act 1974,

shall not, on and after the transfer date, affect the powers and duties of the Secretary of State in relation to any such appeal, reference or application which was made before that date; and any written permission given before the transfer date for the purposes of section 60(5) of the Public Health Act 1961 (extension of time) shall have effect in relation to any appeal made on or after that date as if given by the Director.

(3) So much of any provision of the said Act of 1936 as, by virtue of section 338 of that Act (sewers and drains of collegiate and other corporate bodies and Government departments), has effect in accordance with that section shall continue so to have effect on and after the transfer date notwithstanding the amendments and repeals made by this Act, but shall so have effect subject to the power conferred by section 191(1) of this Act.