Water Act 1989

The Control of Pollution Act 1974 (c. 40)

5 (1) In section 43 of the Control of Pollution Act 1974 (control of discharges into sewers)—

(a) for the references in subsections (1) and (6) to a water authority there shall, in relation to any time on or after the transfer date, be substituted references to a sewerage undertaker;

(b) for the references in subsections (3) and (5) to the water authority whose consent for any discharge is deemed to be given by virtue of subsection (2) of that subsection there shall, in relation to any such time, be substituted references to the sewerage undertaker for the area which immediately before that date was that water authority’s area for the purposes of section 14 of the 1973 Act; and

(c) for the references in subsection (5) (appeals to the Secretary of State) to the Secretary of State there shall, in relation to any such time, be substituted references to the Director;

and any regulations made under the said subsection (5) and in force immediately before that date shall have effect on and after that date (subject to any revocation or amendment in exercise of the power conferred by that subsection) with such modifications as may be necessary in consequence of paragraphs (a) and (b) above or for the purpose of enabling appeals made on or after that date to be made to and determined by the Director.

(2) In section 44(3) of the said Act of 1974 (regulations with respect to arbitrations) and in any regulations made under that section and in force immediately before the transfer date, for references to a water authority there shall be substituted references to a sewerage undertaker.

(3) In section 45 of the said Act of 1974 (early variations of conditions of discharges), for references to a water authority there shall be substituted references to a sewerage undertaker.

(4) On and after the transfer date appeals under subsection (4) of the said section 45 shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in that subsection to the Secretary of State shall have effect on and after that date as references to the Director.