Water Consolidation (Consequential Provisions) Act 1991

• Citation: 1991 c. 60
• Sections: 82

Section 1 Interpretation.

(1) In this Act “ the consolidation Acts ” means—

(a) the Water Resources Act 1991, the Water Industry Act 1991, the Land Drainage Act 1991 and the Statutory Water Companies Act 1991; and

(b) so much of this Act as re-enacts provisions repealed by this Act.

(2) In this Act—

“ the 1989 Act ” means the Water Act 1989;

“ the 1976 Act ” means the Land Drainage Act 1976;

“ commencement ” means the commencement of the consolidation Acts and of so much of this Act as gives effect to any repeal;

“ local statutory provision ” means—

(a) a provision of a local Act (including an Act confirming a provisional order);

(b) a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;

(c) a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or

(d) a provision of any other instrument which is in the nature of a local enactment;

“ modifications ” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

“ the NRA ” means the National Rivers Authority;

“ subordinate legislation ” has the same meaning as in the Interpretation Act 1978.

Section 2 Consequential amendments, transitional and transitory provisions and savings.

(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified (being amendments consequential on the re-enactment of provisions in the consolidation Acts).

(2) The transitional provisions, transitory provisions and savings contained in Schedule 2 to this Act shall have effect.

(3) The powers under sections 190(1) and 194(5) of the 1989 Act and the powers under paragraph 2 of Schedule 17 to that Act (by virtue of which consequential amendments, transitional provisions and savings may be made in connection with the coming into force of provisions of that Act)—

(a) shall not be restricted in consequence of any repeal made by this Act or of any provision of the consolidation Acts; but

(b) shall be exercisable in relation to any provision of those Acts to the same extent as, before the coming into force of this Act, they were exercisable in relation to any corresponding provision of that Act.

(4) The repeals made by this Act shall not affect the following powers to amend local statutory provisions, that is to say—

(a) the power conferred by section 317 of the Public Health Act 1936;

(b) the power conferred by section 12 of the Public Health (Drainage of Trade Premises) Act 1937 and section 69(2) of the Public Health Act 1961;

(c) the power conferred by section 133(1) of the Water Resources Act 1963;

(d) the powers conferred by section 191 of the 1989 Act;

but those powers, to the extent that they are exercisable by reference to the effect or operation of, or to things done under, any provision repealed by this Act, shall also be exercisable by reference to the effect or operation of, or to things done under, any corresponding provision of the consolidation Acts.

(5) The provisions having effect by virtue of this section shall be without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals) and subsections (3) and (4) above shall also be without prejudice to the generality of the provisions of paragraphs 1 and 2 of Schedule 2 to this Act.

Section 3 Repeals etc.

(1) Subject to the provisions having effect by virtue of section 2 above, the enactments mentioned in Part I of Schedule 3 to this Act (which include spent and unnecessary enactments) are hereby repealed to the extent specified in the third column of that Part of that Schedule.

(2) Subject as aforesaid, the subordinate legislation mentioned in Part II of Schedule 3 to this Act is hereby revoked to the extent specified in the third column of that Part of that Schedule.

Section 4 Short title, commencement and extent.

(1) This Act may be cited as the Water Consolidation (Consequential Provisions) Act 1991.

(2) This Act shall come into force on 1st December 1991.

(3) Subject to subsections (4) to (7) below, this Act extends to England and Wales only.

(4) Subject to the provisions—

(a) of any order under section 224 of the Water Resources Act 1991, section 222 of the Water Industry Act 1991 or section 75 of the Land Drainage Act 1991 (Isles of Scilly); and

(b) of any order under section 193 of the Water Act 1989 (Isles of Scilly) which, by virtue of paragraph 1 of Schedule 2 to this Act, has effect in relation to any provisions of the consolidation Acts as an order falling within paragraph (a) above,

nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the NRA or any water undertaker or sewerage undertaker.

(5) This Act, so far as it gives effect to amendments of the following enactments, that is to say—

(a) the Parliamentary Commissioner Act 1967;

(b) the House of Commons Disqualification Act 1975; and

(c) the Northern Ireland Assembly Disqualification Act 1975,

extends to the whole United Kingdom.

(6) This Act so far as it gives effect to amendments of the Environmental Protection Act 1990 extends to Great Britain.

(7) This Act, so far as it gives effect to the amendments in Schedule 1 to this Act of the following enactments, that is to say—

(a) sections 30D(1) and 31(2)(b)(iv) of the Control of Pollution Act 1974; and

(b) the Water (Fluoridation) Act 1985,

extends to Scotland only.

Section 1

A person shall not be guilty of an offence under section 68 of the Public Health Act 1875 (offences of causing pollution of certain waters) in respect of any entry of matter into any controlled waters (within the meaning of Part III of the Water Resources Act 1991) which occurs—

(a) under and in accordance with a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland); or

(b) as a result of any act or omission under and in accordance with such a consent.

Section 2

(1) Section 48 of the Public Health Act 1936 shall cease to have effect in relation to a drain or private sewer connecting with a public sewer; and, accordingly, for the word “ relevant ” in subsection (1) of that section there shall be substituted the word “ local ” .

(2) In section 227 of that Act of 1936—

(a) in paragraph (a), for the words “paragraph 2 of Schedule 19 to the Water Act 1989” there shall be substituted the words “ section 158 of the Water Industry Act 1991 ” ;

(b) in paragraph (b), for the words “paragraph 2” there shall be substituted the words “ section 158 ” ; and

(c) in the words after paragraph (b), for the word “Schedule” there shall be substituted the word “ Act ” .

(3) Section 330 of that Act of 1936 shall cease to have effect in relation to any sewers, drains, culverts or pipes vested in a sewerage undertaker.

(4) In section 343(1) of that Act of 1936, for the definitions of “land drainage authority” and “public sewer” there shall be substituted, respectively, the following definitions—

“ land drainage authority ” means the National Rivers Authority or an internal drainage board; and

“ public sewer ” means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to the Water Industry Act 1991 or under section 179 of that Act of 1991 or otherwise;

Section 3

In section 15 of the Agriculture (Miscellaneous Provisions) Act 1941, for the definitions of “drainage”, “drainage authority”, “internal drainage board” and “internal drainage district” there shall be substituted the following definitions—

“ drainage ” has the same meaning as in the Land Drainage Act 1991;

“ drainage authority ” means the National Rivers Authority or an internal drainage board;

Section 4

(1) In section 14(4) of the Fire Services Act 1947, for the words “section 20 of the Water Act 1989” there shall be substituted the words “ section 18 of the Water Industry Act 1991 ” .

(2) In section 15(2) of that Act of 1947, for the words “sections 47(1) and 81(1) of the Water Act 1989” there shall be substituted the words “ sections 57(1) and 147(1) of the Water Industry Act 1991 ” .

Section 5

In section 15(4)(c) of the Requisitioned Land and War Works Act 1948, for the words from “paragraphs 2 and 3” to “1989” there shall be substituted the words “ section 158 of the Water Industry Act 1991 ” .

Section 6

In section 49(1) of the Coast Protection Act 1949, for the definitions of “catchment board” and “drainage authority” there shall be substituted the following definition—

“ drainage authority ” means the National Rivers Authority or an internal drainage board;

Section 7

In section 114(1) of the National Parks and Access to the Countryside Act 1949, for the definition of “drainage authority” there shall be substituted the following definition—

“ drainage authority ” means the National Rivers Authority or an internal drainage board;

Section 8

(1) In section 5 of the Coal-Mining (Subsidence) Act 1957—

(a) in subsection (2), for the words from “main river” to “shall make” there shall be substituted the words “ main river within the meaning of Part IV of the Water Resources Act 1991, shall make ” ; and

(b) in subsection (7), for the words from “main river” to “that Act” there shall be substituted the words “ main river within the meaning of Part IV of the Water Resources Act 1991, or outside any internal drainage district as defined by the Land Drainage Act 1991 ” .

(2) This paragraph shall have no effect after the coming into force of the repeal of section 5 of that Act of 1957 by the Coal Mining Subsidence Act 1991.

Section 9

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Section 10

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Section 11

In section 54 of the Public Health Act 1961—

(a) in subsection (4), for the words from “controlled by” to “internal drainage board” and “the board” there shall be substituted, respectively, the words “ controlled by the National Rivers Authority or any internal drainage board ” and the words “ that Authority or, as the case may be, that board ” ; and

(b) in subsection (10), for the words from “byelaws”, in the first place where it occurs, onwards there shall be substituted the words “ byelaws made by virtue of paragraph 5 of Schedule 25 to the Water Resources Act 1991 or section 66 of the Land Drainage Act 1991 ” .

Section 12

In section 66(1) of the Pipe-lines Act 1962, for the definition of “river works consent” there shall be substituted the following definition—

“ river works consent ” means a consent given under section 109 of the Water Resources Act 1991;

Section 13

(1) References in the Harbours Act 1964 to river works powers shall include references to any powers which are conferred by section 4 or 165 of the Water Resources Act 1991, or by or under Part VII of that Act or Part VI of the Water Industry Act 1991 and to any powers conferred by section 14 of the Land Drainage Act 1991.

(2) In section 27(2) of that Act of 1964—

(a) in paragraph (c), for the words from “under” to “that Act” there shall be substituted the words “ under section 142 of the Water Resources Act 1991 ” ; and

(b) in paragraph (e), for the words “the Water Resources Act 1963” there shall be substituted the words “ Chapter II of Part II of the Water Resources Act 1991 ” .

Section 14

(1) In section 15 of the Gas Act 1965—

(a) in subsection (1), for the words “section 26 of the Water Resources Act 1963” there shall be substituted the words “ Chapter II of Part II of the Water Resources Act 1991 or within the meaning of that Chapter so far as it applies in relation to any application for a licence which is a licence of right for the purposes of Schedule 7 to the Water Resources Act 1991) ” ; and

(b) in subsection (5)(b), for the words “section 129 of the Water Act 1989” there shall be substituted the words “ section 123 of the Water Resources Act 1991 ” .

(2) In section 23(5) of that Act of 1965, for the words “the Water Resources Act 1963” there shall be substituted the words “ Chapter II of Part II of the Water Resources Act 1991 ” .

(3) In Part II of Schedule 4 to that Act of 1965—

(a) in paragraph 4, for the words “section 26 of the Water Resources Act 1963” there shall be substituted the words “ Chapter II of Part II of the Water Resources Act 1991 or within the meaning of that Chapter so far as it applies in relation to any application for a licence which is a licence of right for the purposes of Schedule 7 to the Water Resources Act 1991) ” ; and

(b) in paragraph 5(4)(b), for the words “section 129 of the Water Act 1989” there shall be substituted the words “ section 123 of the Water Resources Act 1991 ” .

Section 15

In Schedule 1 to the Public Works Loans Act 1965—

(a) in paragraph 1, for the words “section 87 of the Land Drainage Act 1976 or with any other enactment” there shall be substituted the words “ any enactment ” ; and

(b) in paragraph 2, after the words “as so incorporated” there shall be inserted the words “ or as incorporated with section 55 of the Land Drainage Act 1991 ” .

Section 16

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Section 17

In Schedule 2 to the Parliamentary Commissioner Act 1967, in the note 9 inserted by the 1989 Act, for the words from “(that is to say” to “1976)” there shall be substituted the words “ (within the meaning of the Water Resources Act 1991) ” .

Section 18

In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for paragraph (b) there shall be substituted the following paragraph—

(b) the provisions of sections 169 and 172 of the Water Resources Act 1991 and, in relation to those sections, of Schedule 20 to that Act (which confer powers of entry) shall apply as if section 4 of this Act, and any order under section 5 or 6 of this Act, were an enactment to which the said sections 169 and 172 applied.

Section 19

In section 109(3)(b) of the Transport Act 1968, for the words “the Ministers (as defined in section 82(9) of the Water Resources Act 1963” there shall be substituted the words “ the Ministers (for the purposes of Schedule 2 to the Water Resources Act 1991) ” .

Section 20

The powers conferred by section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) shall be exercisable by a local authority, within the meaning of that section, as if the NRA was a public body within the meaning of that section; and the powers of a local authority under that Act shall be deemed to include power to enter into an agreement for the collection and recovery by the authority, on behalf of any water undertaker or sewerage undertaker, of any charges fixed by the undertaker under Chapter I of Part V of the Water Industry Act 1991.

Section 21

In paragraph 1(d) of Schedule 2 to the Land Charges Act 1972—

(a) for the words “the Land Drainage Act 1976” there shall be substituted the words “ the Land Drainage Act 1991 ” (with a corresponding amendment of the Chapter number); and

(b) for the words “Section 26(6)” there shall be substituted the words “ Section 34(2) ” .

Section 22

(1) In section 73(1) of the Local Government Act 1972, for the words from “conferred” to “or”, in the first place where it occurs, there shall be substituted the words “ conferred by the Water Resources Act 1991, the Land Drainage Act 1991 or ” .

(2) In section 138(3) of that Act of 1972—

(a) in paragraph (a), for the words “within the meaning of the Land Drainage Act 1930” there shall be substituted the words “ within the meaning of Part IV of the Water Resources Act 1991 ” ; and

(b) in paragraph (b), for the words from “section” to the end of paragraph (b) there shall be substituted the words “ sections 14 to 17, 62(2) and (3) and 66 of the Land Drainage Act 1991 ” .

Section 23

In sections 44(2) and 58(2) of the Land Compensation Act 1973, for the words “Schedule 18 to the Water Act 1989” there shall be substituted the words “ Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991 ” .

Section 24

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Section 25

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Section 26

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Section 27

(1) In section 30D(1) of the Control of Pollution Act 1974, for the words “section 105 of the Water Act 1989” there shall be substituted the words “ section 83 of the Water Resources Act 1991 ” .

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Section 28

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the entry relating to directors of companies holding appointments under Chapter I of Part II of the Water Act 1989, for the words “Water Act 1989” there shall be substituted the words “ Water Industry Act 1991 ” .

Section 29

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the entry relating to directors of companies holding appointments under Chapter I of Part II of the Water Act 1989, for the words “Water Act 1989” there shall be substituted the words “ Water Industry Act 1991 ” .

Section 30

(1) A person shall not be guilty of an offence under section 4 of the Salmon and Freshwater Fisheries Act 1975 (offences of causing pollution of certain waters) in respect of any entry of matter into any controlled waters (within the meaning of Part III of the Water Resources Act 1991) which occurs—

(a) under and in accordance with an environmental permit under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) or a consent under Part II of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland); or

(b) as a result of any act or omission under and in accordance with such a permit or consent.

(2) In section 5(5) of that Act of 1975, for paragraph (c) there shall be substituted the following paragraph—

(c) section 85(1) of the Water Resources Act 1991;

(3) In section 39(5) of that Act of 1975, after the words “this section” there shall be substituted the words “ the Water Resources Act 1991 ” .

(4) In section 41(1) of that Act of 1975, for the definition of “inland water” there shall be substituted the following definition—

“ inland water ” means any area of inland waters within the meaning of the Water Resources Act 1991;

(5) Section 215 of the Water Resources Act 1991 shall apply in relation to a local inquiry under that Act of 1975 as it applies in relation to a local inquiry under a provision of that Act of 1991 to which that section applies.

(6) In paragraph 39 of Schedule 3 to that Act of 1975, for the words “the said section 145” there shall be substituted the words “ section 4 of the Water Resources Act 1991 ” .

Section 31

In section 4(1)(a) of the Restrictive Trade Practices Act 1976, after the words “or the Water Act 1989,” there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ” .

Section 32

In Schedule 1 to the Interpretation Act 1978, in the definitions of “sewerage undertaker” and “water undertaker”, for the words “section 11 of the Water Act 1989” there shall be substituted the words “ section 6 of the Water Industry Act 1991 ” .

Section 33

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Section 34

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Section 35

In section 185(2) of the Local Government, Planning and Land Act 1980—

(a) for paragraph (b) there shall be substituted the following paragraph—

(b) on any inland waters (within the meaning of the Water Resources Act 1991) in respect of which the National Rivers Authority may make byelaws by virtue of paragraph 1 of Schedule 25 to that Act

(b) the reference in paragraph (c) to the definition of a “ navigation authority ” in subsection (1) of section 135 of the Water Resources Act 1963 shall continue to have effect notwithstanding the repeal and re-enactment of provisions of that section.

Section 36

(1) In section 100(5) and (6) of the Highways Act 1980, for the words “Schedule 19 to the Water Act 1989” there shall be substituted the words “ sections 158, 159, 163, 165 and 168 of the Water Industry Act 1991 ” .

(2) In section 339 of that Act of 1980, for the words “Land Drainage Act 1976”, in each place where they occur, there shall be substituted the words “ Land Drainage Act 1991 ” .

Section 37

In Schedule 4 to the Fisheries Act 1981, for paragraph 6 there shall be substituted the following paragraph—

Offences against byelaws relating to salmon and other freshwater fishing

(6) Any offence under section 211 of the Water Resources Act 1991 consisting in a contravention of a byelaw made for any of the following purposes mentioned in paragraph 6(2) of Schedule 25 to that Act—

(a) prohibiting the taking or removal from any water without lawful authority of any fish, whether alive or dead;

(b) prohibiting or regulating the taking of trout or any freshwater fish of a size less than that prescribed by the byelaw;

(c) prohibiting the use for taking salmon, trout, or freshwater fish of any instrument (not being a fixed engine) in such waters and at such times as are prescribed by the byelaw;

(d) specifying the nets and other instruments (not being fixed engines) which may be used for taking salmon, trout, freshwater fish and eels and imposing requirements as to the use of such nets and other instruments;

(e) imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh;

(f) prohibiting the carrying in any boat or vessel whilst being used in fishing for salmon or trout of any net which is not licensed, or which is without the mark, label or number prescribed by the byelaw;

(g) prohibiting or regulating the carrying in a boat or vessel during the annual close season for salmon of a net capable of taking salmon, other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.

Section 38

(1) In section 98(9) of the Telecommunications Act 1984, in paragraph (a) of the definition of “water main”, for the words from “within”, in the first place where it occurs, to “that Act” there shall be substituted the words “ or resource main within the meaning of the Water Industry Act 1991 ” .

(2) In section 101(3)(j) of that Act of 1984, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ” .

Section 39

(1) The Building Act 1984 shall be amended as follows.

(2) In section 18(5)—

(a) in the definition of “disposal main”, for the words “paragraph 1 of Schedule 19 to the Water Act 1989” there shall be substituted the words “ the Water Industry Act 1991 ” ; and

(b) in the definition of “map of sewers”, for the words “section 166 of the Water Act 1989” there shall be substituted the words “ section 199 of the Water Industry Act 1991 ” .

(3) In section 25(7)—

(a) for the words “section 65 of the Water Act 1989” there shall be substituted the words “ section 67 of the Water Industry Act 1991 ” ; and

(b) for the words “Chapter II of Part II” there shall be substituted the words “ Chapter III of Part III ” .

(4) In section 82, for the words “section 167 of the Water Act 1989” there shall be substituted the words “ section 174 of the Water Industry Act 1991 or section 176 of the Water Resources Act 1991 ” .

(5) In section 101—

(a) in subsection (1), for the words “paragraphs 2 and 3 of Schedule 19 to the Water Act 1989”, the words “they apply” and the words “that Schedule” there shall be substituted, respectively, the words “ section 158 of the Water Industry Act 1991 ” , the words “ it applies ” and the words “ that section ” ; and

(b) in subsection (2), for the words “Those paragraphs” there shall be substituted the words “ That section ” .

(6) In section 126, in the definition of “public sewer”, for the words “Public Health Act 1936” there shall be substituted the words “ Water Industry Act 1991 ” .

Section 40

(1) In sections 895(2) and 995(4) of the Companies Act 2006 (compromises with creditors and protection of minorities by the Secretary of State), any reference to a company or body corporate which is liable to be wound up includes a reference to a company or body corporate which would be so liable but for section 25 of the Water Industry Act 1991.

(2) In section 459(3) of that Act of 1985, for the words “the Water Act 1989” there shall be substituted the words “ the Statutory Water Companies Act 1991 ” .

Section 41

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Section 42

In section 1 of the Water (Fluoridation) Act 1985, after subsection (6) there shall be inserted the following subsection—

(7) In subsection (6) above, the reference to water to which fluoride has been added by a statutory water undertaker in exercise of the power conferred by this section includes a reference to water to which fluoride has been added by a water undertaker in exercise of the power conferred by section 87 of the Water Industry Act 1991.

Section 43

In paragraphs 9 to 11 of Part II of Schedule 3 to the Agricultural Holdings Act 1986, for the words “section 112 of the Water Act 1989”, wherever they occur, there shall be substituted the words “ section 94 or 95 of the Water Resources Act 1991 ” .

Section 44

In section 74(3)(k) of the Airports Act 1986, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ” .

Section 45

In section 42(3)(l) of the Gas Act 1986, at the end there shall be inserted the words “ the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) ” .

Section 46

In section 413(2) of the Insolvency Act 1986, for the words “section 23 or 24 of or Schedule 6 to the Water Act 1989” there shall be substituted the words “ any of sections 23 to 26 of the Water Industry Act 1991 or Schedule 3 to that Act ” .