Water Act 1945

JurisdictionUK Non-devolved
Citation1945 c. 42
Year1945


Water Act, 1945.

(8 & 9 Geo. 6.) CHAPTER 42.

An Act to make provision for the conservation and use of water resources and for water supplies and for purposes connected therewith.

[15th June 1945]

Be it enacted by the King'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:—

I Central and Local Planning.

Part I.

Central and Local Planning.

S-1 Duty of Minister in relation to water.

1 Duty of Minister in relation to water.

1. It shall be the duty of the Minister of Health (hereafter in this Act referred to as ‘the Minister’), to promote the conservation and proper use of water resources and the provision of water supplies in England and Wales and to secure the effective execution by water undertakers, under his control and direction, of a national policy relating to water.

S-2 Central Advisory Water Committee.

2 Central Advisory Water Committee.

(1) The Minister shall appoint a committee, to be called the Central Advisory Water Committee, for the purpose of—

(a ) advising him or any other Minister concerned upon matters connected with the conservation and use of water resources;

(b ) advising any Minister concerned with the administration of enactments which relate to or in any way affect the conservation or use of water resources or the provision of water supplies, upon any question that may be referred by him to the Committee in connection with the operation, or proposed amendment of, the said enactments;

(c ) considering the operation of any such enactments, and making to the Minister concerned such representations with respect to matters of general concern arising in connection with the operation of those enactments, and such recommendations for their extension or modification, as the Committee think fit.

(2) The Minister may by order make provision with respect to the constitution and procedure of the Committee.

(3) The Minister may pay such expenses of the Committee as he may, with the approval of the Treasury, determine.

S-3 Joint Advisory Water Committees.

3 Joint Advisory Water Committees.

(1) If, with respect to any area in England and Wales, the Minister is satisfied that the provision of water supplies for that area or the conservation of water resources for the purpose of such provision may be thereby more effectively secured, he may by order constitute for that area a committee, to be known as a Joint Advisory Water Committee, which shall consist of—

(a ) a chairman appointed by the Minister;

(b ) members appointed by statutory water undertakers whose limits of supply are comprised wholly or partly in the area of the Committee or who supply water in bulk for distribution in any part of that area;

(c ) members appointed by local authorities whose counties or districts are comprised wholly or partly in the area of the Committee, not being such statutory water undertakers as aforesaid.

(2) Any such order may make further provision as to the constitution of the Committee, the term of office of the members thereof, the method of appointment of members by the statutory water undertakers and local authorities aforesaid and as to the procedure of the Committee.

(3) Any such order may apply to a Joint Advisory Water Committee, subject to any necessary modifications, any of the provisions of the Local Government Act, 1933, other than the provisions of that Act enabling land to be acquired compulsorily, and may contain such incidental, consequential and supplementary provisions as the Minister considers necessary or expedient.

(4) The expenses of a Joint Advisory Water Committee shall be defrayed by the councils of counties and county boroughs comprised wholly or partly in the area of the Committee in such proportions as they may agree upon or, in the case of disagreement, as may be determined by the Minister.

(5) Before making any such order, the Minister shall consult the statutory water undertakers and local authorities concerned.

S-4 Duties of Joint Advisory Water Committees.

4 Duties of Joint Advisory Water Committees.

(1) An order made under the last foregoing section may prescribe the duties of Joint Advisory Water Committees and, without prejudice to the generality of the foregoing provision, those duties may include the duties of—

(a ) carrying out a survey of the existing consumption of and demand for water supplies in their area and of the water resources in or available for their area;

(b ) preparing an estimate of the future water supply requirements of their area;

(c ) formulating proposals for meeting the existing or future water supply requirements of their area including proposals for the joint use by two or more water undertakers of any existing or proposed new source of water supply;

(d ) advising statutory water undertakers and local authorities represented on the Committee in the preparation and co-ordination of schemes relating to water supply;

(e ) furnishing the Minister and the said statutory water undertakers and local authorities with such information relating to water supplies in their area or water resources in or available for their area as they may reasonably be required to furnish.

(2) Where any of the duties referred to in paragraphs (a ) (b ) and (c ) of the last foregoing subsection have been imposed upon any Joint Advisory Water Committee, the Minister may from time to time require that Committee to submit a report thereon to him within such time as he may specify.

(3) A Joint Advisory Water Committee may require statutory water undertakers and local authorities represented on the Committee to furnish information relating to their existing or proposed waterworks, the consumption of and demand for water supplies in the area where they are supplying or are authorised to supply water, and the water resources in or available for that area:

Provided that if, upon the representation of any statutory water undertakers or local authority so required to furnish information, the Minister is satisfied that in all the circumstances compliance with the requirement is impracticable or undue expense would thereby be incurred, he may direct that the requirement need not be complied with.

(4) Any person authorised by a Joint Advisory Water Committee for the purpose shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of carrying out the functions of the Committee, and the section of this Act relating to entry of premises shall apply to any such right of entry.

S-5 Power to require local authorities and statutory water undertakers to carry out surveys and formulate proposals.

5 Power to require local authorities and statutory water undertakers to carry out surveys and formulate proposals.

5. The Minister may require any local authority or statutory water undertakers to—

a ) carry out a survey of the existing consumption of and demand for water supplies in the area where they are supplying or are authorised to supply water and of the water resources in or available for that area
b ) prepare an estimate of the future water supply requirements of that area
c ) formulate proposals for meeting the existing or future water supply requirements of that area including proposals for the joint use with any other local authority or water undertakers of any existing or proposed new source of water supply
d ) submit a report on any of the aforesaid matters to the Minister within such time as he may specify
S-6 Power of Minister to require records and information from persons abstracting water.

6 Power of Minister to require records and information from persons abstracting water.

(1) The Minister may make regulations requiring any class of persons to keep such records and furnish such returns as to the quantity and quality of water abstracted by them from any source and as to such other matters relating to the source as may be prescribed by the regulations:

Provided that—

(a ) the regulations shall not apply in a case where water is abstracted by an individual for the domestic purposes of his household only;

(b ) in a case where the Minister is satisfied that in all the circumstances compliance with any requirement of the regulations is impracticable or undue expense would be thereby incurred, he may direct that that requirement need not be complied with.

(2) The regulations may provide for the inspection of any records kept thereunder and of any apparatus used for the purpose thereof and for the taking of copies of and extracts from any such records and may confer rights of entry for the purpose of exercising any of the powers aforesaid, and the section of this Act relating to entry of premises shall apply to any such right of entry.

(3) Any person who fails to comply with any requirement of the regulations shall be guilty of an offence against this Act.

S-7 Facilities for obtaining information as to under-ground...

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