WATER, ENGLAND AND WALES 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 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 transferred to the National Rivers Authority under the Act, or in relation to property, rights or liabilities to which the Authority becomes entitled or subject in accordance with a scheme under Schedule 2 to the Act– a any reference in those provisions to a water authority or to any other body which, by virtue of any enactment, is to be treated as a reference to such an authority, shall have effect, so far as may be necessary for the purposes of, or in connection with, those functions, or the transfer of the property, rights or liabilities, as if it were a reference to the Authority; 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 the Authority. Amendment of the Norfolk and Suffolk Broads Act 1988 4 The Norfolk and Suffolk Broads Act 1988 is amended– a in section 1(3)(b), by the substitution for the words “the Anglian Water Authority” of the words “the National Rivers Authority”; b by the substitution in the definition of “statutory undertaker” in section 25 for the words “and (c)” of the words– c any water undertaker or sewerage undertaker whose area includes any part of the Broads; and d ; c by the substitution for head (d) of paragraph 33(1) of Schedule 3 of the following head– d The National Rivers Authority; ; d by the substitution for paragraph 34(2) of Schedule 3 of the following sub-paragraph– 2 Before any exercise of its powers under sub-paragraph (1) above, the Authority shall consult– a the National Rivers Authority; and b any water undertaker whose area includes any part of the Broads and with whom consultation appears to it to be appropriate. ; e in paragraph 35 of Schedule 3, by the substitution for the words “the Anglian Water Authority or (as the case may be) the East Anglian Water Company” of the words “the National Rivers Authority or a water undertaker”; f by the substitution for paragraph 36 of Schedule 3 of the following paragraph– 36 The Authority shall be treated as a local authority for the purposes of paragraph 1(3)(c) of Schedule 12 to the Water Act 1989 (right of local authority to receive copy of application to the National Rivers Authority for consent to discharge effluent etc. ). ; and g in paragraphs 10(8) and 13(7) of Schedule 5, by the substitution for the words “the Anglian Water Authority” of the words “the National Rivers Authority”. Amendment of the Clywedog Reservoir Joint Authority Act 1963 5 1 Section 46(2) of the Clywedog Reservoir Joint Authority Act 1963 shall have effect on and after the transfer date as if the reference to the Severn-Trent Water Authority were– a in relation to paragraph (a) of that subsection, a reference to the successor company to that Authority; and b in relation to paragraph (b) of that subsection, a reference to the National Rivers Authority. 2 References in section 47 of that Act to the Severn-Trent Water Authority shall be construed in relation to any such failure as is mentioned in subsection (1)(b) of that section which occurs on or after the transfer date as a reference to the company referred to in paragraph (1)(a) above or the National Rivers Authority, as appropriate. Signed by authority of the Secretary of State Colin Moynihan Parliamentary Under Secretary of State, Department of the Environment 2nd August 1989 Signed by authority of the Secretary of State Ian Grist Parliamentary Under Secretary of State, Welsh Office 3rd August 1989