Water Act, 1945. 8 & 9 GEO
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Water Act, 1945. 8 & 9 GEO. 6. CE. 42. ARRANGEMENT OF SECTIONS. PART I. CENTRAL AND LOCAL PLANNING. Section. i. Duty of Minister in relation to water. 2. Central Advisory Water Committee. 3. Joint Advisory Water Committees. 4. Duties of Joint Advisory Water Committees. 5. Power to require local authorities and statutory water under- takers to carry out surveys and formulate proposals. 6. Power of Minister to require records and information from persons abstracting water. 7. Facilities for obtaining information as to underground water. PART II. LOCAL ORGANISATION OF WATER SUPPLIES. 8. Joint water boards. 9. Combination of undertakers and transfer of undertakings by agreement or compulsorily. io. Variation of limits of supply by agreement or compulsorily. ii. Power of Minister to authorise certain statutory water undertakers to supply premises outside their limits of supply. 12. Supply of water in bulk by agreement or compulsorily. 13. Default powers of Minister. PART III. RESOURCES. CONSERVATION AND PROTECTION OF WATER waste certain 14. Control of abstraction and prevention of in areas. 15. Agreements as to drainage, etc., of land. use of hosepipes. 16. Power to prohibit or restrict temporarily of 17. Byelaws for preventing waste, misuse or contamination water. A CH. 42. Water Act, 1945. 8 & 9 GEO. 6. Section. 18. Byelaws for preventing pollution of water of undertakers. 19. General provisions as to byelaws. 2o. Power of Minister to require the making of byelaws, to make byelaws in case of default and to revoke byelaws. 21. Penalty for polluting water used for human consumption. 22. Acquisition of land and execution of works for protection of water. PART IV. POWERS AND DUTIES OF LOCAL AUTHORITIES AND WATER UNDERTAKERS. Construction of works and acquisition of land and water rights. 23. Orders of Minister conferring certain powers on water undertakers. 24. Power of statutory water undertakers to acquire land by agreement or compulsorily. 25. Power of statutory water undertakers to hold and dispose of land. 26. Power of statutory water undertakers to acquire water rights. Duty to supply water for non-domestic purposes. 27. Supply of water for non-domestic purposes. Extension of powers and duties of local authorities under the Public Health Act, 1936. 28. Extension of duty to provide water supply for houses and schools. 29. Amendment of s. 137 of the Public Health Act, 1936. 30. Amendment of s. 138 of the Public Health Act, 1936. 31. Other amendments of Public Health Act, 1936. Modernisation of Waterworks Code. 32. Incorporation and application by order of provisions of Third Schedule. 33. Repeal and amendment of local enactments. Miscellaneous. 34- Temporary discharge of water into watercourses. 35., Power to supply water fittings. 36. Duty of statutory water undertakers to accept guarantees from local authorities, ii 8 & 9 GEO. 6. Water Act, 1945. CH. 42. Section. 37. Duty of undertakers to provide domestic supply for new buildings. 38. Liability for, and recovery of, water rates. 39. Notice to be given to local authority of water supply to inhabited house being cut off. 40. Power of Minister to revise water rates and charges. 41. Power of companies to issue redeemable stock. 42. Accounts of companies to be made up annually and abstracts sent to the Minister and local authorities. 43. Appointment of officers as directors. PART V. GENERAL. 44- Compensation to officers of statutory water undertakers. 45. False information. 46. Restriction on right to prosecute. 47- Penalties for offences. 48. Entry of premises. 49. Inquiries by Ministers. 50. Power to revoke and vary orders. 51. Regulations. 52. Expenses of the Minister. 53. Expenses of Common Council. 54. Notices, etc., to be in writing. 55. Authentication of documents. 56. Service of notices, etc. 57- Proof of resolutions, etc. 58. Judges and justices not disqualified by liability to rates. 59. Interpretation. 60. Provision as to work involving alteration of telegraphic lines. 61. Saving for protective provisions in other Acts. 62. Repeals. 63. Short title, extent and commencement. SCHEDULES: First Schedule.-PROCEDURE FOR MAKING ORDERS, AP- PROVING AGREEMENTS AND MAKING AND CONFIRMING BYELAWS : Second Schedule.-COMPULSORY PURCHASE ORDERS. Third Schedule.-PROVISIONS TO BE INCORPORATED IN ORDERS RELATING TO WATER UNDERTAKINGS. Fourth Schedule.-AMENDMENTS OF THE PUBLIC HEALTH ACT, 1936. Fifth Schedule:ENACTMENTS REPEALED. 8 & 9 GEO.6. Water Act, 1945- Ca. 42. 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] E it enacted by the King's most Excellent Majesty, by and B 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 :- PART I. CENTRAL AND LOCAL PLANNING. 1. It shall be the duty of the Minister of Health (hereafter Duty of in Act referred to as " the Minister "), to promote the Minister in this relation to conservation and proper use of water resources and the pro- water. vision 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. appoint a committee, to be called Central 2.-(1) The Minister shall Advisory the Central Advisory Water Committee, for the purpose of- Water (a) advising him or any other Minister concerned upon Committee. matters connected with the conservation and use of water resources; (b) advising any Minister concerned with the administra- tion 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 amend- ment of, the said enactments; A 3 1 CH. 42. Water Act, 1945. 8 & 9 GEo. 6. PART I. (c) considering the operation of any such enactments, -cant. and making to the Minister concerned such repre- sentations 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. Joint 3.-(1) If, with respect to any area in England and Wales, Advisory the Minister is satisfied that the provision of water supplies water for that area or the conservation of water resources for the Committees. purpose of such provision may be thereby more effectively secured, he may by order constitute for that area a com- mittee, 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 coun- ties 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 mem- bers 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, 23 & 24 Geo. 5. any of the provisions of the Local Government Act, 1933, c. 51- 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 Com, mittee in such proportions as they may agree upon or, in the case of disagreement, as may be determined by the Minister. 2 8 & 9 GEO.6. Water Act, 1945. Ca. 42. (5) Before making any such order, the Minister shall consult PART I. the statutory water undertakers and local authorities -con_ concerned. 4.-(1) An order made under the last foregoing section may Duties of prescribe the duties of Joint Advisory Water Committees and, joint without prejudice to the generality of the foregoing pro- Advisory' CoWater vision, those duties may include the duties of- mmittees. (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 in- cluding 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 informa- tion 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 i,aphs (a) (b) and (c) of the last foregoing subsection have been im- posed 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.