Water (Local Statutory Provisions) (Consequential Amendments) Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/1380
Year1989

1989No. 1380

WATER, ENGLAND AND WALES

The Water (Local Statutory Provisions) (Consequential

Amendments) Order 1989

3rdAugust1989

11thAugust1989

1stSeptember1989

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, being satisfied that it is appropriate to amend the local statutory provisions mentioned in this Order for the purposes of the coming into force of amendments contained in the Water Act 1989 ( a) , in exercise of the powers conferred on them by section 191 of that Act, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Water (Local Statutory Provisions) (Consequential Amendments) Order 1989 and shall come into force on 1st September 1989.

Interpretation

2.-(1) In this Order-

"the Act" means the Water Act 1989;

"relevant instrument" means any other order or any regulations or scheme made (whether before or after this Order) under the Act which amends any local statutory provision and which comes into force on or before the transfer date or, where the instrument is made after that date, contains any provision which is treated as if it came into force on that date.

(2) The provisions of this Order are subject to any contrary provision made by any relevant instrument.

General translation of references to water authorities

3.-(1) Subject to articles 4 and 5, where any local statutory provisions have effect immediately before the transfer date in relation to the whole or any part of any water authority area for purposes connected with functions corresponding to functions which, by virtue of Part II of the Act, are vested in a water undertaker or sewerage undertaker, or in relation to property, rights or liabilities to which such an undertaker becomes entitled or subject in accordance with a scheme under Schedule 2 to the Act-

(a) 1989 c.15.

(a) any reference in those provisions to the water authority for that area or to any other body which, by virtue of any enactment, is to be treated as a reference to that authority, shall have effect, so far as may be necessary for the purposes of, or in connection with, the vesting of those functions, or the transfer of the property, rights or liabilities, as if it were a reference to the water undertaker for so much of that area as is not the subject of an appointment under section 11(4)(a) of the Act (appointment of statutory water companies as water undertakers) or, as the case may be, to the sewerage undertaker for that area; and(b) everything done by or in relation to that water authority, or treated as done by or in relation to that authority, under any such provision shall have effect, so far as may be so necessary, as if it had been done by or in relation to that undertaker.

(2) Subject to articles 4 and 5, where any local statutory provisions have effect as mentioned in paragraph (1) for purposes connected with functions assigned or...

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