Water Act 1989

Compulsory purchase orders and works orders

41 (1) Where—

(a) any compulsory purchase order made by virtue of any enactment repealed by this Act;

(b) any order made under section 23 of the 1945 Act, section 67 of the [1963 c. 38.] Water Resources Act 1963 or section 1 of the [1971 c. 34.] Water Resources Act 1971 (compulsory works orders etc.); or

(c) any resolution for extinguishing a right of way under section 9 of Schedule 3 to the 1945 Act,

is in force or effective immediately before the transfer date, then, notwithstanding any repeal made by this Act, that order or resolution, and any enactment repealed by this Act in so far as it relates to that order or resolution, shall continue to have effect on and after that date, as they had effect before that date, subject to such modifications as are necessary for the purposes of sub-paragraph (4) below.

(2) Any application for an order under the said section 23, section 67 or section 1 which is pending immediately before the transfer date shall have effect on and after that date, subject to any such modifications, as an application for an order under section 155 of this Act.

(3) Any notice served or published or other thing done before the transfer date for the purposes of any enactment repealed by this Act, so far as it related to any such application as is mentioned in sub-paragraph (2) above, shall, accordingly, have effect on and after that date as if served, published or done for the purposes of the corresponding enactment contained in this Act.

(4) In so far as the provisions of a scheme under Schedule 2 to this Act allocate a water authority’s rights or liabilities in relation to any order or application saved by sub-paragraph (1) or (2) above to any person, that person shall, on and after the transfer date, stand in the place of that water authority for the purposes of the provision made by that sub-paragraph.

(5) On and after the transfer date, any obligation of a water authority by virtue of section 20(5) of the 1973 Act (obligation to provide recreational facilities etc.) which, in accordance with this paragraph and a scheme under Schedule 2 to this Act, becomes an obligation of a water undertaker shall be enforceable under section 20 of this Act by the Secretary of State.