Constitution and procedure of water authoritiesU.K.

1 Constitution and procedure of water authorities.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F2(2)In Part II of Schedule 1 to the M1House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the following entries are inserted at the appropriate places—

“A regional water authority established in accordance with section 2 of the Water Act 1973”;

“The Welsh Water Authority”.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Borrowing powersE+W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

Dissolution of National Water Council and Water Space Amenity CommissionU.K.

3 Dissolution of National Water Council and Water Space Amenity Commission.U.K.

(1)On such day as the Secretary of State may by order appoint, the functions of the National Water Council shall determine and all the property, rights and liabilities which immediately before the day so appointed were property, rights and liabilities of the Council shall, by virtue of this section, become property, rights and liabilities of the Secretary of State for the Environment.

(2)On such day as the Secretary of State may by order appoint, the functions of the Water Space Amenity Commission shall determine.

(3)This section has effect subject to Schedule 2 to this Act which makes further provision in relation to the Council and Commission, including provision for their dissolution.

(4)The Secretary of State may by order transfer to any authority, or to any person who in his opinion acts or will act on behalf of one or more authorities—

(a)such of the property, rights and liabilities of the Council, or

(b)in the case of an order having effect after the day appointed under subsection (1) above, such of the property, rights and liabilites vested in him by virtue of that subsection,

as he considers expedient.

(5)In subsection (4) above “authority” means—

(a)a water authority,

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a regional or islands council,

(d)a river purification board, or

(e)a water development board.

4 Expenses of Secretary of State occasioned by section 3.E+W

(1)Any sums received by the Secretary of State by virtue of the transfer of property, rights and liabilities effected by section 3 of this Act shall be paid by him into the Consolidated Fund.

(2)The Secretary of State may levy from water authorities such contributions (which need not be the same for each authority) as appear to him, when taken together, necessary to meet the net expenses incurred by him—

(a)in discharging any liabilities to which he becomes subject by virtue of section 3 of this Act, or

(b)otherwise in connection with the dissolution of the National Water Council and Water Space Amenity Commission.

(3)In subsection (2) above “net expenses” means the amount of the expenses in question reduced by the amount paid by the Secretary of State into the Consolidated Fund in accordance with subsection (1) above.

(4)Any sums received by the Secretary of State by way of levy under subsection (2) above shall be paid by him into the Consolidated Fund.

MiscellaneousE+W

5—7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

8 Repeal of Water Charges Equalisation Act 1977.E+W

(1)The M2Water Charges Equalisation Act 1977 shall cease to have effect.

(2)If the Secretary of State is satisfied—

(a)that, had the Act of 1977 not ceased to have effect, he would have been required to make adjustments under section 3(3) of that Act on making the next orders under sections 1 and 2, and

(b)that it is expedient to make provision in lieu of those adjustments,

he shall comply with subsection (3) below in relation to every statutory water undertaker as respects which such an adjustment would, in his opinion, have been so required.

(3)Where the Secretary of State is required to comply with this subsection in relation to any statutory water undertaker, he shall—

(a)in a case where the adjustment would have been by way of a reduction in the equalisation levy payable by, or an increase in the equalisation payment payable to, the undertaker, pay to that undertaker out of money provided by Parliament the appropriate amount, or

(b)in any other case, by order direct that undertaker to pay to him the appropriate amount.

(4)In subsection (3) above “appropriate amount” means an amount equal to the adjustment which, in the opinion of the Secretary of State, would have been required under section 3(3) in the case of the undertaker in question.

(5)No order shall be made under subsection (3) above unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.

(6)Any sums received by the Secretary of State under this section shall be paid by him into the Consolidated Fund.

SupplementalU.K.

9 Orders and regulations.E+W

(1)Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument which, except in the case of an order under section 3(1) or (2), 8(3) or 11(5) of this Act or paragraphs 3(2) or 10(2) of Schedule 2 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Any order or regulations under this Act may make different provision for different cases or descriptions of case, including different provision for different areas, and may contain such incidental or supplemental provision as the Secretary of State thinks fit.

10 Interpretation.E+W

—In this Act—

• “appointed day” means, in relation to the Council or, as the case may be, Commission, the day appointed under section 3 of this Act in relation to that body.

• “Commission” means the Water Space Amenity Commission,

• “Council” means the National Water Council.

• “principal Act” means the M3Water Act 1973,

• “river purification board” means a board established under section 135 of the M4Local Government (Scotland) Act 1973,

• F7... and

• “water development board” has the meaning given by section 109(1) of the M5Water (Scotland) Act 1980.

11 Short title and commencement, etc.U.K.

(1)This Act may be cited as the Water Act 1983.

(2)Schedule 4 to this Act (which makes minor and consequential amendments) shall have effect.

(3)The enactments and instruments specified in Schedule 5 to this Act are hereby repealed or, as the case may be, revoked to the extent specified in the third column of that Schedule.

(4)The following provisions of this Act—

(a)sections 2 to 6;

(b)sections 9 and 10;

(c)this section, except subsections (2) and (3);

(d)Schedule 2;

(e)Schedule 3;

(f)paragraphs 8 and 9 of Schedule 4 and subsection (2) of this section so far as relating to those paragraphs; and

(g)the revocation by Schedule 5 of the M6Water Authorities and National Water Council (Limit on Borrowing) Order 1982 and subsection (3) of this section so far as relating to that revocation;

shall come into force on the passing of this Act.

(5)The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(6)An order under subsection (5) above appointing a day for the commencement of section 1 of this Act may make provision for the existing members of water authorities, other than the chairmen, to vacate office before that day; but no such provision shall be taken as preventing the reappointment of any such person under the provisions substituted by that section.

(7)The following provisions of this Act—

(a)section 1(2);

(b)section 3(1) and (3) to (5);

(c)this section;

(d)Part I of Schedule 2;

extend to Scotland and Northern Ireland and any repeal by Schedule 5 to this Act of an enactment which extends to Scotland or Northern Ireland has the same extent as that enactment, but otherwise this Act extends to England and Wales only.

SCHEDULES

SCHEDULE 1E+W . . . F8

Section 3(3)

SCHEDULE 2U.K. Provisions Relating to Dissolution of National Water Council and Water Space Amenity Commission

Part IU.K. National Water Council

General duty of CouncilU.K.

1U.K.It shall be the duty of the Council to give to the Secretary of State all such information, to prepare all such documents and to do all such other things, as appear to him to be necessary or expedient for facilitating the carrying into effect of section 3 of this Act and this Schedule and for enabling him to exercise any function conferred or imposed on him by, or by virtue of, that section or this Schedule.

Final accounts and reportsU.K.

2(1)The Council shall (if they have not done so before the appointed day)—U.K.

(a)comply with paragraph 38 of Schedule 3 to the principle Act (statement of accounts) in relation to the last accounting year before the appointed day, and

(b)comply with paragraph 40 of that Schedule (annual reports) in relation to that year,

and shall also comply with those paragraphs in respect of the interval (if any) between the end of that accounting year and the appointed day, that interval being treated for the purposes of those paragraphs and of paragraphs 39 to 39G of Schedule 3 as an accounting year in relation to the Council.

(2)The Secretary of State shall lay before each House of Parliament a copy of—

(a)any statement of accounts, and any report, sent to him by the Council in compliance with this paragraph, and

(b)any report made by the auditors on the statement or on the accounts to which it relates.

Continuance of Council until residual functions completed to Secretary of State’s satisfactionU.K.

3(1)No amendment or repeal made by this Act shall affect—U.K.

(a)the continuance of the Council for the purposes of paragraphs 1 or 2 above or their powers and duties under those paragraphs, or

(b)the continued operation for those purposes of the provisions of the principal Act relating to the constitution and proceedings of the Council.

(2)The Council shall cease to exist when the Secretary of State, being satisfied that their duties under paragraphs 1 and 2 above have been discharged, so directs by order.

(3)Section 3(1) of this Act does not affect the continuance of employment with the Council, but on the Council ceasing to exist—

(a)any contract of employment with the Council then in force shall cease to have effect, except as regards rights previously accrued and liabilities previously incurred, and

(b)subject to any provision made under paragraph 6(1)(b) or 8(1) below, any rights and liabilities of the Council then existing shall by virtue of this paragraph become rights and liabilities of the Secretary of State.

(4)The Secretary of State shall pay to the appointed members of the Council (within the meaning of paragraph 27(2) of Schedule 3 to the principal Act), in respect of the period beginning with the appointed day and ending with the Council ceasing to exist, such remuneration (whether by way of salary or fees) and such allowances as, with the approval of the Treasury, he may determine.

(5)The Secretary of State shall, as soon as possible after determining the amount of any remuneration or allowances payable under subparagraph (4) above, lay a statement of his determination before each House of Parliament.

(6)As from the appointed day, the Secretary of State shall make available to the Council such facilities as the Council or their auditors may reasonably require for performing duties imposed on them by or by virtue of paragraphs 1 and 2 above; and the remuneration of the auditors and any other expenses incurred by the Council in connection with the performance of those duties on and after the appointed day shall be defrayed by the Secretary of State out of money provided by Parliament.

Modification of agreements and documentsU.K.

4(1)Subject to subparagraph (3) below, every agreement, other than a contract of employment or an agreement under section 26(2) of the principal Act, to which the Council are a party immediately before the appointed day, whether in writing or not and whether or not of such a nature that rights and liabilities under the agreement could be assigned by the Council, shall have effect as from that date as if—U.K.

(a)the Secretary of State had been a party to the agreement, and

(b)for any reference to the Council there were substituted, as respects anything falling to be done on or after the appointed day, a reference to the Secretary of State.

(2)Other documents (not being enactments) which refer to the Council shall be construed in accordance with subparagraph (1) above so far as applicable.

(3)An order under section 3(4) of this Act which transfers any property, rights of liabilities may contain consequential provision for the construction of references in—

(a)agreements (other than contracts of employment) to which the Council are a party at the date of the order or, in a case of an order made after the appointed day, were a party immediately before the appointed day, and

(b)other documents (not being enactments) which refer to the Council.

Legal remedies and pending proceedingsU.K.

5(1)Where any right or liability is transferred by virtue of any provision of this Act, the transferee and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right or liability as they would have had if it had at all times been a right or liability of the transferee.U.K.

(2)Any pending legal proceedings by or against the Council which relate to any property, right or liability so transferred may be continued by or against the transferee.

(3)Any reference in subparagraph (1) or (2) above to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.

SuperannuationU.K.

6(1)The Secretary of State may, with the consent of the Treasury, make regulations providing for—U.K.

(a)the payment by such water authority as may be designated by the regulations (the “pension authority”) of pensions, allowances or gratuities to or in respect of persons who have been members of the Council;

(b)the transfer to the pension authority of such pension liabilities of the Council as may be specified in the regulations.

(2)The regulations shall provide for the recovery by the pension authority from each of the other water authorities of such proportion of the cost incurred by the pension authority in discharging their functions under the regulations as the Secretary of State may from time to time determine.

(3)The proportions determined by the Secretary of State need not be the same for each water authority.

(4)In subparagraph (1) above “pension liabilities” means any liability in connection with the payment of pensions, allowances or gratuities imposed on or assumed by the Council and includes the liability to make any payment by way of an increase in a pension.

7(1)The classes of person in whose interests water authorities may exercise their powers under section 27(1) of the principal Act (power to establish and administer pension schemes etc.) shall include—U.K.

(a)persons who have been employed by the Council, and

(b)persons who are or have been employed in such other appropriate employment as the Secretary of State may by order prescribe.

(2)No scheme shall be established by a water authority under section 27(1) of the principal Act, and no variation of any scheme established by a water authority under that section shall be effected, without the consent in writing of the Secretary of State.

(3)In subparagraph (1) above “appropriate employment” means employment in respect of which it would, in the opinion of the Secretary of State, be appropriate for provision to be made under section 27 of the principal Act.

CompensationU.K.

8(1)The Secretary of State may by regulations transfer to such water authority as may be designated by the regulations (“the compensation authority”) the liabilities of the Council relating to—U.K.

(a)the payment of benefits or compensation in respect of early retirement or for loss of employment, or

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The regulations may provide for the exercise by the compensation authority of such of the functions of the Council which immediately before the passing of this Act were functions relating to compensation in respect of early retirement or for loss of employment as may be specified in the regulations.

(3)The regulations may provide for the recovery by the compensation authority from each of the other water authorities of such proportion of the cost incurred by the compensation authority in consequence of the regulations as the Secretary of State may from time to time determine.

(4)The proportions determined by the Secretary of State need not be the same for each water authority.

Part IIE+W Water Space Amenity Commission

Final reportsE+W

9(1)The Commission shall comply with paragraph 40 of Schedule 3 to the principal Act (annual reports) in relation to the period between the end of the period to which their last annual report relates and the appointed day.E+W

(2)The Secretary of State shall lay before each House of Parliament a copy of any annual report sent to him by the Commission in compliance with this paragraph.

Continuance of Commission until residual functions completed to Secretary of State’s satisfactionE+W

10(1)No amendment or repeal made by this Act shall affect—E+W

(a)the continuance of the Commission for the purpose of paragraph 9 above or their duty under that paragraph, or

(b)the continued operation for those purposes of the provisions of the principal Act relating to the constitution of the Commission.

(2)The Commission shall cease to exist when the Secretary of State, being satisfied that their duty under paragraph 9 above has been discharged, so directs by order.

(3)The Secretary of State shall pay to members of the Commission, other than the chairmen of water authorities, in respect of the period beginning with the appointed day and ending with the Commission ceasing to exist, such allowances as he may with the consent of the Treasury determine.

(4)The Secretary of State shall, as soon as possible after determining the amount of any allowances payable under subparagraph (3) above, lay a statement of his determination before each House of Parliament.

(5)As from the appointed day, the Secretary of State shall make available to the Commission such facilities as the Commission may reasonably require for performing the duty imposed on them by paragraph 9 above; and any expenses incurred by the Commission in connection with the performance of that duty on and after the appointed day shall be defrayed by the Secretary of State out of money provided by Parliament.

SCHEDULE 3E+W . . . F10

Section 11(2).

SCHEDULE 4E+W Minor and Consequential Amendments

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

5, 6.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Local Government, Planning and Land Act 1980 (c. 65)E+W+S

7E+W+SIn section 25(3) of the Local Government, Planning and Land Act 1980 (allowances in relation to meetings etc. of water authorities) for the words from the beginning to “(3B)” there are substituted the words “ The following subsection shall be inserted after section 175(3) of the said Act of 1972:— “(3B)”. ”

Transitional provisionsE+W

8E+WThe repeals contained in Schedule 5 below shall not affect the operation of paragraph 31(1) and (2) of Schedule 3 to the principal Act in relation to any period before the day appointed for the purposes of section 3(1) of this Act.

9E+WIn any case where—

(a)the Treasury have given a guarantee under paragraph 36(1) of Schedule 3 to the principal Act in respect of any sum borrowed by the Council; and

(b)any liability of the Council relating to repayment of the principal of, or payment of interest on, the sum so borrowed (or any part of that sum) has become a liability of one or more water authorities, whether by virtue of an order under section 3(4) of this Act or otherwise;

paragraph 36(1) of Schedule 3 shall have effect as if it empowered the Treasury to give a new guarantee in respect of that liability.

Section 11(3).

SCHEDULE 5U.K. Repeals and Revocations

Part 1U.K. Enactments Repealed

Part IIU.K. Instruments Revoked