Metropolis Water Act 1871
| Jurisdiction | UK Non-devolved |
| Citation | 1871 c. 113 |
Metropolis Water Act, 1871
(34 & 35 Vict.) CHAP. 113.
An Act to amend ‘The Metropolis Water Act, 1852;’ and to make further provision for the due Supply of Water to the Metropolis and certain places in the neighbourhood thereof.
[21st August 1871]
W HEREAS it is expedient to amend ‘ The Metropolis Water Act, 1852;’ and to make further provision for securing to the metropolis and to certain places in the neighbourhood thereof a constant supply of pure and wholesome water:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
1 Short title.
1. This Act may be cited for all purposes as ‘TheMetropolis Water Act, 1871.’
2 This and recited Act to be as one.
2. This Act and the Metropolis Water Act, 1852, as the same is amended by this Act, shall be read and construed together as one Act.
3 Interpretation of terms.
3. In this Act—
The expression ‘the metropolis’ shall mean the metropolis as defined by the Metropolis Management Act, 1855:
The term ‘Company’ shall mean and include any of the companies following; that is to say,—
The Governor and Company of the New River brought from Chadwell and Amwell to London, commonly called ‘The New River Company;’
The East London Waterworks;
The Southwark and Vauxhall Water Company;
The Company of Proprietors of the West Middlesex Waterworks Company;
The Company of Proprietors of Lambeth Waterworks;
The Governor and Company of Chelsea Waterworks;
The Grand Junction Waterworks Company;
The Company of Proprietors of the Kent Waterworks; and also any other corporation, company, board, commissioners, association, person, persons, or partnership, for the time being supplying water for domestic use within the limits of this Act:
The term ‘person’ shall include a corporation aggregate or sole:
The expression ‘water limits’ in relation to a Company shall mean such parts of the limits within which such Company is authorised to supply water as are within the limits of this Act:
The expression ‘the special Act,’ in relation to a Company shall mean and include every and any Act of Parliament relating to such Company:
The expression ‘metropolitan authority’ shall mean, in the places specified in the table in the Schedule (A.) to this Act annexed, the bodies or persons named in the same table:
The term ‘district’ shall mean the area selected for the purpose of constant supply, such area being within the jurisdiction of a metropolitan authority and also within the water limits of a Company, and being coterminous with some one or more services of such Company:
The term ‘Premises’ shall mean and include any dwelling-house and any part of a dwelling-house, and any stable, yard, or other offices used together or in connexion with any dwelling-house or any part of a dwelling-house:
The term ‘prescribed’ shall mean prescribed by any regulations made under the authority of this Act:
The term ‘court of summary jurisdiction’ means and includes any justice or justices of the peace, metropolitan police magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Act passed in the session of Parliament held in the eleventh and twelfth years of the reign of Her present Majesty, intituled ‘An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders,’ and any Acts amending the same:
The term ‘fittings’ includes communication pipes, and also all pipes, cocks, cisterns, and other apparatus used or intended for supply of water by a Company to a consumer, and for that purpose placed in or about the premises of the consumer:
The term ‘owner’ means the person who, for the time being, receives the rackrent of the premises with reference to which that term is used, whether on his own account or under or by virtue of any mortgage or charge, or as agent or trustee for any person, or who would so receive the same if the premises were let at a rackrent, and includes every successive owner from time to time of the premises, being such for any part of the time during which the enactment wherein that term is used operates in relation to the premises:
Premises shall be deemed to be on the same service, or on a service, when water is supplied to them by a Company from the same service pipe.
4 Limits of Act.
4. The limits within which the provisions of this Act shall be in force and have effect (in this Act referred to as ‘the limits of this Act’) shall include the metropolis and the several places set out in the schedule to the Metropolis Water Act, 1852, which do not form part of the metropolis.
5 Repeal of parts of Metropolis Water Act, 1852.
5. From and after the passing of this Act, the sections of the Metropolis Water Act, 1852, specified in the Schedule (B.) to this Act annexed, shall be and the same are hereby repealed, so far as regards their operation within the limits of this Act; Provided always, that no such repeal shall affect any act, matter, or thing duly done or agreed upon before the passing of this Act, under the authority of any of the sections of the said Act hereby repealed.
6 Supply of water on Sundays.
6. From and after the passing of this Act every Company shall on Sundays as on other days supply sufficient pure and wholesome water for the domestic use of the inhabitants within their water limits.
Constant Supply.
7 Companies to provide constant supply of water.
7. Subject to the provisions of this Act, every Company may, and from and after the expiration of eight months from the passing of this Act every Company shall, when required so to do, in the manner directed by this Act, provide and keep throughout their water limits, or throughout such parts of such limits as they may be required in manner aforesaid, a constant supply of pure and wholesome water sufficient for the domestic purposes of the inhabitants within such water limits constantly laid on at such pressure as will make such water reach the top story of the highest houses within such water limits (but not exceeding, the level prescribed by the special Act) of such Company (which supply is in this Act referred to as a ‘constant supply’); and every such Company shall, subject to the provisions of the special Act as the same are amended by this Act, give and continue to give to such inhabitants a constant supply for domestic purposes in manner prescribed.
8 Application for constant supply.
8. At any time after the expiration of six months from the passing of this Act, the metropolitan authority shall, whenever they are of opinion that there should be in any district a constant supply, make application to the Company within the water limits in which such district is situate, requiring a constant supply in such district, and any Company may without any such application propose to the metropolitan authority to give a constant supply in any district.
9 Appeal to Board of Trade.
9. When application has been made to any Company requiring such Company to provide a constant supply, or when any Company has given notice to a metropolitan authority of a proposal to give a constant supply in any district, and the Company so required, or the metropolitan authority upon whom notice of such proposal has been served, object to such requisition or proposal, it shall be lawful for such Company or metropolitan authority, within one month after the making of such application or service of such notice, to present a memorial to the Board of Trade, setting forth their objections to such requisition or proposal, and the party presenting such memorial, or such Company, shall give notice to the other party of the presentation of such memorial, and shall transmit to such party a copy of the same. The Board of Trade shall, as soon as conveniently may be after the receipt of such memorial, take the same into their consideration, and may, if they think fit, institute any inquiry in relation thereto, and may hear such Company and authority desiring to be heard, and may make such order in reference thereto, and as to the costs thereof and incident to the same, as to them shall seem just.
10 Restriction as to compulsory supply by Companies.
10. No Company shall be compelled to give a constant supply to any premises in any district until the regulations provided for by this Act are made and are in operation within such district, or if it can be shown by such Company that at any time after the expiration of two months from the time of the service of any requisition for constant supply more than one fifth of the premises in such district are not provided with the prescribed fittings, without prejudice nevertheless to any renewed requisition at a future period.
In any district in which any default in respect of the prescribed fittings shall be found, the metropolitan authority may by notice in writing require the owner or occupier of any such premises, within a time to be specified in such notice, to provide the prescribed fittings, or to cause the fittings in such premises to be repaired, so as to prevent any waste of of water, and if any person fail to comply with the terms such notice the metropolitan authority may provide for such premises the prescribed fittings, or repair the fittings within the same, as the case may be.
The expenses incurred by the metropolitan authority in providing...
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