Water Authorities (Collection of Charges) Order 1975
| Jurisdiction | UK Non-devolved |
1975 No. 396
WATER, ENGLAND AND WALES
The Water Authorities (Collection of Charges) Order 197513thMarch 1975
25thMarch 1975
27thMarch 1975
The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred upon them by subsections (1)(a) and (2)(c) of section 254 of the Local Government Act 1972(a), as applied by section 34(1) of, and Schedule 6 to, the Water Act 1973(b), and of the powers so conferred by the provisions of the said section 254 as so applied and as extended by paragraph 5(2)(c) and (cc) (as inserted by paragraph 14 of Schedule 7 to the Local Government Act 1974(c)) of the said Schedule 6, and of all other powers enabling them in that behalf, hereby make the following order:—
PART I
INTRODUCTORY
Title, commencement, and territorial extent of exercise of powers
1.—(1) This order may be cited as the Water Authorities (Collection of Charges) Order 1975 and shall come into operation on 27th March 1975.
(2) This order is made—
(a) by the Secretary of State for Wales in relation to the Welsh National Water Development Authority, and
(b) by the Secretary of State for the Environment in relation to any other water authority.
Interpretation
2.—(1) The Interpretation Act 1889(d) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order, unless the context otherwise requires—
"general rate", "rateable value", "rating area" and "rating authority" have the same meanings as in the 1967 Act;
"hereditament" has the same meaning as in the 1967 Act, and includes a hereditament treated as being occupied by virtue of section 33(3) or 34(3) of that Act;
(a) 1972 c. 70.
(b) 1973 c. 37.
(c) 1974 c. 7.
(d) 1889 c. 63.
"the 1945 Act" means the Water Act 1945(a);
"the 1967 Act" means the General Rate Act 1967(b);
"the 1972 Act" means the Local Government Act 1972;
"the 1973 Act" means the Water Act 1973;
"the 1974 Act" means the Local Government Act 1974;
"the principal order" means the Water Authorities (Collection of Charges) Order 1974(c), as amended by the Water Authorities (Collection of Charges) (Amendment) Order 1974(d);
"qualifying area" means an area in respect of which, in relation to the year 1974–75, a rating authority have been required, by a water supply notice issued by a water authority under the principal order (including any notice required by the principal order to be treated as such a notice), to collect and recover on behalf of the water authority amounts payable to that authority in respect of the supply of water;
"qualifying hereditament" means a hereditament which—
(a) is a dwelling-house within the meaning of section 115(1) of the 1967 Act or a mixed hereditament within the meaning of section 48 of that Act, and
(b) on 1st April 1975 is not drained by any sewer or drain communicating directly or indirectly with a public sewer provided for foul water, or for foul water and surface water;
"the relevant constitution order", in relation to a water authority, means the order made by the Secretary of State and the Minister of Agriculture, Fisheries and Food under sections 2 and 3 of the 1973 Act, establishing that authority and specifying the number of persons to be appointed members thereof;
"sewerage and sewage disposal area", in relation to a water authority, means—
(a) the area specified in the relevant constitution order as their area for the purposes of their functions relating to sewerage and sewage disposal, or
(b) where no such area is so specified, the area specified in that order as the authority's general water authority area or, in the case of the Welsh National Water Development Authority, as the general Welsh authority area;
"water authority" has the same meaning as in the 1973 Act;
"water supply area", in relation to a water authority, means the area specified in the relevant constitution order as the area within which it shall be the duty of that authority to supply water under Part II of the 1973 Act;
" the year 1974–75" and "the year 1975–76" mean the financial year beginning on 1st April 1974 and 1st April 1975 respectively.
(3) Unless the context otherwise requires, any provision of this order with respect to the general rate shall, in its application to the City of London, apply also in relation to the poor rate.
(4) Any reference in this order to a numbered article shall be construed as a reference to the article bearing that number in this order.
(a) 1945 c. 42.
(b) 1967 c. 9.
(c) S.I. 1974/448 (1974 I, p. 1734).
(d) S.I. 1974/1081 (1974 II, p. 3991).
(5) Unless the context otherwise requires, any reference in this order to a provision of the 1967 Act relating to a particular matter includes a reference to any provision of the 1974 Act making corresponding or different provision with respect to that matter.
General effect of order
3. Notwithstanding anything in section 38(1) of the 1945 Act, and subject to the express provision of any other order made under section 254 of the 1972 Act (as originally enacted or as applied or extended by any other enactment) this order shall have effect in relation to the calculation, collection and recovery by local authorities on behalf of water authorities of amounts becoming payable on or after 1st April 1975 in respect of services provided by water authorities during the year 1975–76.
PART II
WATER SUPPLY CHARGE
Water supply notice
4.—(1) Subject to the provisions of this order, a water authority may issue a notice (in this order referred to as "a water supply notice") to any rating authority whose rating area lies wholly or partly within the water authority's water supply area, requiring them to collect and recover on behalf of the water authority amounts payable to the water authority in respect of the supply of water by them to premises in any qualifying area specified in the notice, being an area comprising, or lying within, the area of the water authority.
(2) A water supply notice shall be issued as soon as may be and shall authorise the rating authority to demand and collect the said amounts by means of a charge (in this order referred to as "a water rate") to be expressed as a poundage to be determined by the water authority and specified in the notice and by means of such other charges (in this order referred to as "water charges") as may be so specified.
(3) A water supply notice shall specify the period to which it relates and may specify such other matters as the water authority may consider appropriate, including any or all of the following matters:—
(a) the classes of premises in respect of which the water rate is to be levied on the net annual value of the premises;
(b) the classes of premises in respect of which the water rate is to be levied on a proportion only of the net annual value and the proportion appropriate to each such class;
(c) any minimum charge which is to be made for the supply of water in such cases as may be specified;
(d) where the water rates and water charges are to be collected by instalments, particulars of those instalments;
(e) where discounts or rebates are to be allowed in consideration of prompt payment of water rates and water charges, particulars of the discounts or rebates allowable;
(f) where the water authority are empowered to demand water rates or water charges in certain circumstances from the owner of premises instead of the occupier, particulars of the circumstances in which such a demand may be made, and particulars of any allowance to be made in consideration of prompt payment.
(4) A water authority may issue different notices in relation to different areas within the same rating area, and where a notice relates to more than one area it may specify different matters in relation to different areas.
(5) A water authority may, after consultation with a rating authority to whom they have issued a notice, vary or revoke that notice by giving notice in writing to that...
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