Part VIIIE+W MISCELLANEOUS AND SUPPLEMENTAL

Construction of ActE+W

217 Construction of provision conferring powers by reference to undertakers’ functions.E+W

(1)The purposes to which this section applies shall be the construction of any enactment which, by reference to the functions of a relevant undertaker, confers any power on or in relation to that undertaker.

(2)For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include joining with or acting on behalf of—

(a)the [F1Environment Agency] [F2or the NRBW];

(b)one or more other relevant undertakers; or

(c)the [F1Environment Agency] [F2or the NRBW] and one or more other such undertakers,

for the purpose of carrying out any works or acquiring any land which at least one of the bodies with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of that body’s functions under any enactment or of any function which is taken to be a function of that body for the purposes to which this section or section 3 of the M1Water Resources Act 1991 (functions of [F1Environment Agency] for certain purposes) applies.

(3)For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include the protection against pollution—

(a)of any waters, whether on the surface or underground, which belong to the [F1Environment Agency] [F3or the NRBW] or any water undertaker or from which the [F1Environment Agency] [F3or the NRBW] or any water undertaker is authorised to take water;

(b)without prejudice to paragraph (a) above, of any reservoir which belongs to or is operated by the [F1Environment Agency] [F3or the NRBW] or any water undertaker or which the [F1Environment Agency] [F3or the NRBW] or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and

(c)of any underground strata from which the [F1Environment Agency] [F3or the NRBW] or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the M2Water Resources Act 1991.

(4)For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include the furtherance of research into matters in respect of which functions are conferred by or under this Act, the other consolidation Acts or the M3Water Act 1989 on the [F1Environment Agency], [F4on the NRBW,] on water undertakers or on sewerage undertakers.

(5)For the purposes to which this section applies the functions of every relevant undertaker shall be taken to include the provision of houses and other buildings for the use of persons employed by that undertaker and the provision of recreation grounds for persons so employed.

(6)For the purposes to which this section applies the functions of every water undertaker shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of that undertaker.

(7)For the purposes to which this section applies the functions of every water undertaker shall be taken to include the doing of anything in pursuance of any arrangements under section 20 of the Water Resources Act 1991 between that undertaker and the [F1Environment Agency] [F5or the NRBW].

(8)In this section “the other consolidation Acts” has the same meaning as in section 206 above.

Textual Amendments

F1Words in s. 217(2)(3)(4)(7) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 124 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations