Water Resources Act 1991
There shall continue to be a body corporate, known as the National Rivers Authority, for the purpose of carrying out the functions specified in section 2 below.
The Authority shall consist of not less than eight nor more than fifteen members of whom—
two shall be appointed by the Minister; and
the others shall be appointed by the Secretary of State.
The Secretary of State shall designate one of the members appointed by him as the chairman of the Authority and may, if he thinks fit, designate another member of the Authority (whether or not appointed by him) as the deputy chairman of the Authority.
In appointing a person to be a member of the Authority, the Secretary of State or, as the case may be, the Minister shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Authority.
The Authority shall not be regarded— and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.
as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; or
by virtue of any connection with the Crown, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;
The provisions of Schedule 1 to this Act shall have effect with respect to the Authority.
The functions of the Authority are—
its functions with respect to water resources by virtue of Part II of this Act;
its functions with respect to water pollution by virtue of Part III of this Act;
its functions with respect to flood defence and land drainage by virtue of Part IV of this Act and the Land Drainage Act 1991 and the functions transferred to the Authority by virtue of section 136(8) of the Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation);
its functions with respect to fisheries by virtue of Part V of this Act, the Diseases of Fish Act 1937, the Sea Fisheries Regulation Act 1966, the Salmon and Freshwater Fisheries Act 1975 and other enactments relating to fisheries;
the functions as a navigation authority, harbour authority or conservancy authority which were transferred to the Authority by virtue of Chapter V of Part III of the Water Act 1989 or paragraph 23(3) of Schedule 13 to that Act or which are transferred to the Authority by any order or agreement under Schedule 2 to this Act; and
the functions assigned to the Authority by any other enactment.
Without prejudice to its duties under section 16 below, it shall be the duty of the Authority, to such extent as it considers desirable, generally to promote— and it shall be the duty of the Authority, in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled.
the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters;
the conservation of flora and fauna which are dependent on an aquatic environment; and
the use of such waters and land for recreational purposes;
It shall be the duty of the Authority to make arrangements for the carrying out of research and related activities (whether by the Authority or others) in respect of matters to which the functions of the Authority relate.
The provisions of this Act relating to the functions of the Authority under Chapter II of Part II of this Act, and the related water resources provisions so far as they relate to other functions of the Authority, shall not apply to so much of any inland waters as—
are part of the River Tweed;
are part of the River Esk or River Sark at a point where either of the banks of the river is in Scotland; or
are part of any tributary stream of the River Esk or the River Sark at a point where either of the banks of the tributary stream is in Scotland.
The functions of the Authority specified in subsection (1)(c) above extend to the territorial sea adjacent to England and Wales in so far as—
the area of any regional flood defence committee includes any area of that territorial sea; or
section 165(2) or (3) below provides for the exercise of any power in the territorial sea.
The area in respect of which the Authority shall carry out its functions relating to fisheries shall be the whole of England and Wales, together with— but, in the case of Part V of this Act and those Acts, excluding the River Tweed.
such part of the territorial sea adjacent to England and Wales as extends for six miles from the baselines from which the breadth of that sea is measured; and
in the case of Part V of this Act, the Diseases of Fish Act 1937 and the Salmon and Freshwater Fisheries Act 1975, so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,
In this section—
a public general Act relating to London;
“flood defence” means the drainage of land and the provision of flood warning systems;
“drainage” has the same meaning as in Part IV above;
receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986;
“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to— is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations;
rainfall, as measured at a particular place within a particular period; or
the level or flow of any inland water, or part of an inland water, at a particular time; or
other matters appearing to the appropriate agency to be relevant for that purpose,
This section has effect, without prejudice to section 2 above, for the purposes of section 4(1) below and the construction of any other enactment which, by reference to the functions of the Authority, confers any power on or in relation to the Authority.
For the purposes to which this section applies the functions of the Authority shall be taken to include the protection against pollution—
of any waters, whether on the surface or underground, which belong to the Authority or any water undertaker or from which the Authority or any water undertaker is authorised to take water;
without prejudice to paragraph (a) above, of any reservoir which belongs to or is operated by the Authority or any water undertaker or which the Authority or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and
of any underground strata from which the Authority or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of this Act.
For the purposes to which this section applies the functions of the Authority shall be taken to include the furtherance of research into matters in respect of which functions are conferred by or under this Act, the other consolidation Acts or the Water Act 1989 on the Authority or on relevant undertakers.
For the purposes to which this section applies the functions of the Authority shall be taken to include joining with or acting on behalf of one or more relevant undertakers for the purpose of carrying out any works or acquiring any land which at least one of the undertakers with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of—
any function of that undertaker under any enactment; or
any function which is taken to be a function of that undertaker for the purposes to which section 217 of the Water Industry Act 1991 applies.
For the purposes to which this section applies the functions of the Authority shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of the Authority.
For the purposes to which this section applies the functions of the Authority shall be taken to include the provision of houses and other buildings for the use of persons employed by the Authority and the provision of recreation grounds for persons so employed.
In this section—
land used for a plantation or a wood or for the growth of saleable underwood; and
any river, stream or other watercourse, whether natural or artificial and whether tidal or not;
any lake or pond, whether natural or artificial, and any reservoir or dock; and
any channel, creek, bay, estuary or arm of the sea;
“acting in a compulsory capacity”, in the case of the official receiver, means acting as—
The following abbreviations are used in this Table:— 1945 = The Water Act 1945 (c. 42) 1963 = The Water Resources Act 1963 (c. 38) 1965 = The Science and Technology Act 1965 (c. 4) 1973 = The Water Act 1973 (c. 37) 1975 = The Salmon and Freshwater Fisheries Act 1975 (c. 51) 1976 = The Land Drainage Act 1976 (c. 70) 1977 = The Criminal Law Act 1977 (c. 45) 1980(LG) = The Local Government, Planning and Land Act 1980 (c. 65) 1981 = The Water Act 1981 (c. 12) 1982(CJA) = The Criminal Justice Act 1982 (c. 43) 1983 = The Water Act 1983 (c. 23) 1984 = The Telecommunications Act 1984 (c. 12) 1985(LG) = The Local Government Act 1985 (c. 51) 1986(GA) = The Gas Act 1986 (c. 44) 1989 = The Water Act 1989 (c. 15) 1989(EA) = The Electricity Act 1989 (c. 29) 1990 = The Environmental Protection Act 1990 (c. 43) 1991(NR) = The New Roads and Street Works Act 1991 (c. 22) R: (followed by a number) = The recommendation so numbered as set out in the Appendix to the Report of the Law Commission (Cm. 1483).
Transfer of functions orders (“TFOs”), where applicable in relation to a provision re-enacted in the Bill, are specified at the appropriate place in column 2 of the Table.
General provisions contained in section 32 of the Magistrates' Courts Act 1980 (c. 43) and section 46 of the Criminal Justice Act 1982 (c. 48) provide, respectively, for the maximum fine on summary conviction of an either way offence to be the statutory maximum and for a reference to the amount of the maximum fine to which a person is liable in respect of a summary offence to become a reference to a level on the standard scale. Where the effect of one of these enactments is consolidated it is not referred to separately in column 2 of this Table. 1 1989 s. 1. 2 1963 s. 126(3) & (4); 1989 s. 1(1), 8(4) & (5), 136(7) & (8), 141(4) & (7), 142(1) & 143(1), 189(1) (definition of “function”) & Sch 13 paras 23(3) & 27. 3 1989 s. 188. 4 1989 s. 144 & 145(1)(a) & (b), (2) & (3). 5 1989 s. 146; Sch 12 paras 4(7) & 6(4). 6 1989 s. 3. 7 1989 s. 2. 8 1989 s. 141(1)(b) & (c), (2) & (3). 9 1989 ss. 136(6) & (7) & 137(1)–(2). 10 1989 s. 137(3), (7), (10) & (11) & 138(1) & (8). 11 1989 ss. 137(11) & 138(2)–(7) & (9). 12 1976 s. 4; 1989 s. 139(1) and Sch 15 paras 1 & 2. TFO: SI 1978/272 Sch 3, para 7(2); R: 6. 13 1976 s. 5(1)–(6) & (8); 1985(LG) Sch 7 para 2 & SI 1986/208 Sch 1 Pt II para 2; 1989 Sch 15 paras 1 & 3. 14 1976 s. 5(7); 1989 ss. 137(8) & 139(3) & Sch 15 para 1. 15 1989 s. 7(6) & (7). 16 1989 ss. 8(1)–(3), (5)–(7) & 152(8). 17 1989 s. 9; 1990 Sch 9 para 17(2). 18 1989 s. 10; 1990 Sch 9 para 17(3). 19 1989 s. 125. 20 1989 s. 126. 21 1963 ss. 19(1), (3)–(7) & 135(1)(part) & (5); 1973 Sch 8 para 85; 1989 s. 127; 1989(EA) Sch 16 para 10; TFOs: SI 1965/145 Sch 1; SI 1970/1537 Art 2(1); SI 1970/1681 Sch 3 para 9(1); SI 1974/692 Sch 1 Pt III; SI 1983/1127 Art 2(3). 22 1963 s. 19(2) & (6); 1989 s. 127(2) & (5). 23 1963 s. 22; 1973 s. 9; 1989 Sch 13 paras 1 and 4. 24 1963 ss. 23, 49 & 128(1); 1976 (c. 44) s. 5(8); 1989 Sch 13 paras 1 & 5 & Sch 25 para 2. 25 1963 ss. 36(1)–(3), (5) & (6), 48, 49 & 128(1); 1976 (c. 44) s. 5(8); 1989 Sch 13 paras 1, 12 & 16 & Sch 25 para 2. 26 1963 s. 24(6) & 36(4). 27 1963 s. 24(1)–(3) & (5) & 26(1)(b); 1989 Sch 13 para 6. 28 1963 ss. 24(2)(proviso) & 55; 1973 s. 9; 1989 Sch 13 para 1. 29 1963 s. 24(4), (5) & (10); 1973 Sch 8 para 78. 30 1963 s. 78(1)–(3) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 20. 31 1963 s. 78(4)–(6). 32 1963 s. 24(7)–(9); 1973 s. 9; 1989 Sch 13 para 1. 33 1963 ss. 25 & 134(4); 1973 s. 9; 1989 Sch 13 paras 1 & 7. 34 1963 s. 54(1)–(3) & (5). 35 1963 s. 27; 1968 (c. 35) s. 1; 1973 s. 9; 1989 Sch 13 para 1. 36 1963 s. 37(3); 1973 s. 9; 1989 Sch 13 para 1. 37 1963 ss. 28 & 37(5); 1973 s. 9; 1989 Sch 13 paras 1 & 8. 38 1963 ss. 28(3) (part), 29(3) & (8) & 37(5); 1973 s. 9; 1989 Sch 13 para 1. 39 1963 ss. 26(1) & (2), 29(2) & (7)(a), 36(6), 37(5) & 135(5); 1973 s. 9; 1989 Sch 13 paras 1 & 9(1). 40 1963 ss. 29(4)–(6) & (7)(b) & 37(5); 1973 s. 9; 1989 Sch 13 paras 1 & 9(2). 41 1963 s. 38(1) & (2); 1973 s. 9 & Sch 8 para 79; 1989 Sch 13 paras 1 & 13. 42 1963 ss. 38(3) & (4) & 41(1)–(4) & (7)–(9); 1973 s. 9; 1989 Sch 13 paras 1 & 14(2). 43 1963 ss. 39(1), (2) & (4) & 40; 1973 s. 9; 1989 Sch 13 para 1. 44 1963 ss. 39(3)–(6), 40 & 41(1), (5) & (7)–(9); 1989 Sch 13 paras 1 & 14(1). 45 1963 s. 54(2), (3) & (5). 46 1963 s. 30(1)–(3) & (5)–(7) & 54(4); 1973 s. 9; 1989 Sch 13 paras 1 & 10. 47 1963 ss. 30(4), 31(4) & 37(1). 48 1963 ss. 26(1)(a), 31(1) & (3) & 37(2). 49 1963 s. 32(1), (2), (6) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 11. 50 1963 s. 32(3), (4), (6) & (7); 1973 s. 9; 1989 Sch 13 para 1. 51 1963 s. 42; 1973 s. 9; 1989 Sch 13 para 1. 52 1963 s. 43(1)–(5) & (9); 1973 s. 9; 1989 Sch 13 para 1. 53 1963 s. 43(5)–(8); 1973 s. 9; 1989 Sch 13 para 1. 54 1963 s. 44; 1973 s. 9; 1989 Sch 13 para 1. 55 1963 s. 47(1)–(3) & (11); 1973 s. 9; 1989 Sch 13 para 1. 56 1963 s. 47(3)–(5); 1973 s. 9; 1989 Sch 13 para 1. 57 1963 s. 45; 1973 s. 9; 1989 Sch 13 paras 1 & 15. 58 1963 s. 64; 1989 Sch 13 para 19. 59 1963 s. 54(2) & (5). 60 1963 s. 50; 1973 s. 9; 1989 Sch 13 para 1. 61 1963 ss. 46 & 47(6); 1973 s. 9; 1989 Sch 13 para 1. 62 1963 ss. 47(7)–(10) & 71(3); 1973 s. 9; 1989 Sch 13 para 1. 63 1963 s. 51; 1973 s. 9; 1989 Sch 13 para 1. 64 1963 ss. 43(1) & 52; 1973 s. 9; 1989 Sch 13 para 1. 65 Introduces Sch 7 66 1963 s. 131(1), (2) & (8) & 134(4); 1989 Sch 13 para 29; TFOs: SI 1965/319; SI 1970/1681. 67 1963 s. 132; 1989 Sch 13 para 30. 68 1963 ss. 116 & 134(4) & (6); TFOs: SI 1965/319 Sch 3 para 2. 69 1963 s. 117; 1973 s. 9; 1989 Sch 13 para 1. 70 1963 s. 135(8); IA s. 17. 71 1963 ss. 133(2)–(4), 134(4) & (6) & 135(1). 72 1963 ss. 105, 134(4) & (6) & 135(1), (3), (6) & (7); 1973 Sch 8 para 86; 1989 Sch 13 para 31(1)(e) & (3). 73 1989 ss. 131(1), (2) & (8) & 132(1), (2) & (9). 74 1989 ss. 131(3)–(4) & (9) & 133(7)(b) & (c). 75 1989 ss. 132(3), (4), (6), (7) & (10) & 133(7)(b) & (c). 76 1989 ss. 131(5)–(7) & 132(5). 77 1963 s. 128(2); 1989 ss. 133(1)–(4) & 135(1) & Sch 13 para 28. 78 1989 ss. 132(8) & 133(5), (6) & (7)(a); 1991(NR) Sch 8 para 116(2). 79 1989 ss. 131(8), 132(9) & 133(8) & Sch 14 para 4. 80 1989 s. 134. 81 1989 s. 135(2). 82 1989 s. 104. 83 1989 s. 105. 84 1989 s. 106. 85 1989 s. 107(1) & (6); 1990 s. 145(1). 86 1989 s. 107(2)–(4). 87 1989 s. 107(5) & 108(7) & (8). 88 1989 s. 108(1) & (9) & 113(1) & Sch 19 para 8(7); 1990 Sch 15 para 29. 89 1989 ss. 108(2)–(6) & 124(1). 90 1989 s. 109. 91 1989 Sch 12 para 8. 92 1989 s. 110. 93 1989 s. 111(1)–(3) & (5). 94 1989 s. 112(1), (4)–(7) & (9). 95 1989 s. 112(2), (3) & (9). 96 1989 s. 111(4) & 112(8). 97 1989 s. 116. 98 1989 s. 123. 99 1989 s. 113(2) & (3). 100 1989 s. 122. 101 1989 s. 121(2). 102 1989 s. 171. 103 Introduces Sch 13. 104 1989 ss. 103(1), (2) (part) & (4) to (6) & 124. 105 1976 s. 113; 1989 s. 136(1). 106 1989 s. 136(3)–(5) & (9). 107 1976 ss. 8(1), 18, 24(2) & (3), 26; 1989 Sch 15 paras 1 & 9(1). 108 1976 ss. 10(1), (3) & (4), 94, 109(1), (5)(b) & (6) & 116(1); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(5) & (8). 109 1976 s. 29(1), (2), (4), (6) & (7); 1989 Sch 15 para 1. 110 1976 ss. 29(2A), (3), (5) & (9) & 109(1) & (2); 1989 Sch 15 paras 1, 13 & 35; TFO: SI 1978/272 Sch 3 para 7(3). 111 1976 s. 23(2)–(5); 1984 Sch 4 para 66(1); 1989 Sch 15 paras 1 & 8; TFO: SI 1978/272 Sch 3 para 7(4) & (6). 112 1976 s. 95; TFO: SI 1978/272 Sch 3 para 7. 113 1976 s. 8(2) & (3) 114(1) & 116; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(5). 114 1989 s. 141(1)(a). 115 1975 s. 28(3)–(6) & Sch 3 paras 7–9 & 13; 1989 Sch 17 paras 1 & 7(7)(a) & (14)(a) & (b); TFO: SI 1978/272 Sch 3 para 6. 116 1989 s. 171. 117 1989 Sch 1 para 15(1)–(3) & (5). 118 1989 Sch 1 para 15(4) & 16. 119 1963 s. 88 & 1989 Sch 1 para 15(4) & Sch 13 para 1. 120 1963 s. 91 & 135(1) & (2); 1989 Sch 13 paras 1, 24 & 31; TFOs: SI 1976/1775; SI 1979/571 Art 3(5); SI 1981/238 Arts 2 & 3(4); R: 16. 121 1989 Sch 1 para 21. 122 1989 Sch 1 para 22. 123 1989 s. 129(1)–(3) & (7)–(9). 124 1989 s. 129(3)–(6). 125 1963 s. 60(5A) & (6); 1973 s. 9 & Sch 8 para 80(3); 1989 Sch 13 paras 1 & 18(2) & (3). 126 1963 ss. 60(1)–(5), 116 & 117; 1973 s. 9 & Sch 8 para 80(1); 1989 Sch 13 paras 1 & 18(1); TFOs: SI 1965/319 Sch 3 para 2 & SI 1970/1681. 127 1963 s. 63(1)–(3), (8), (10) & (11); 1973 s. 9; 1989 Sch 13 para 1. 128 1963 s. 63(4)–(6); 1973 s. 9; 1989 Sch 13 para 1. 129 1963 ss. 63(7), 116 & 117. 130 1963 s. 131(6) & (7); 1973 s. 9; 1989 Sch 13 para 1; TFOs: SI 1965/319; SI 1970/1681. 131 1989 Sch 12 para 9(1)–(3), (7) & (8). 132 1989 Sch 12 para 9(3)–(6). 133 1989 Sch 25 para 80(1). 134 1976 ss. 48 & 89(2); SI 1978/319 Sch para 2; 1989 Sch 15 paras 1 & 20; SI 1990/214 reg 2. 135 1976 s. 49 & 109(1) & (2); SI 1978/319 Sch para 3; 1989 Sch 15 paras 1 & 21. SI 1990/214 regs 3 & 4; TFO: SI 1978/272 Sch 3 para 7(5). 136 SI 1990/214 reg 3. 137 1976 ss. 50(1)–(4) & (9) & 116(4); 1989 Sch 15 paras 1 & 22; TFO: SI 1978/272 Sch 3 para 7(5). 138 1976 ss. 51 & 109(1) & (3); SI 1978/319 Sch para 4; 1989 Sch 15 paras 1 & 23. 139 1976 s. 84(1)–(3) & (5); 1989 Sch 15 para 1; SI 1990/72 reg 3A(1); SI 1991/523 reg 3. 140 1976 s. 84(5)–(8); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4). 141 1976 s. 85; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4). 142 1975 s. 28(3)(a) & (b); 1989 Sch 17 para 7(7)(a). 143 1976 s. 88(1), (2) & (5); 1989 Sch 15 paras 1 & 29. 144 1989 ss. 145(1)(c) & 189(1). 145 1976 ss. 89(1) & 116(1); SI 1978/319 Sch para 6; 1989 Sch 15 paras 1 & 30. 146 1989 Sch 1 para 17. 147 1976 s. 90(1)–(5); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3). 148 1976 ss. 32(5) & 92; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3). 149 1976 s. 90(6) & (7); 1989 Sch 15 paras 1 & 31; TFO: SI 1978/272 Sch 3 para 7(3). 150 1989 s. 170(7) & (8). 151 1989 Sch 1 para 18. 152 1989 Sch 1 para 19. 153 1989 s. 184 & Sch 1 para 20. 154 1989 s. 151. 155 1976 ss. 36 & 116; 1989 Sch 15 paras 1 & 16; TFO SI 1978/272 Sch 3 para 7(3). 156 1975 Sch 3 paras 37 and 38; 1989 Sch 17 paras 1 and 7(14)((e) & (f). 157 1989 s. 152. 158 1963 ss. 81 & 135(1); 1972 (c. 61) s. 18(6); 1973 s. 9; 1989 Sch 13 paras 1 & 22. 159 1989 s. 154(1) & (5) & Sch 19 paras 1 & 2(1), (2) & (8). 160 1989 Sch 19 paras 1 & 4(1), (4) & (5). 161 1989 ss. 115, 122 & 124. 162 1989 s. 154(1), (3) & (4) & Sch 19 paras 1(2), 2(1)(c) & (d) & 4(1)(c) & (d). 163 1989 Sch 19 para 8(1), (5), (6) & (8); R: 17. 164 1989 s. 176 & Sch 19 para 9(1) & (3)–(8) & Sch 26 para 43. 165 1976 ss. 8(2), 17, 22, 23(1), 90(7) & 116(4); 1989 Sch 15 paras 1 & 5. 166 1976 s. 32; 1989 Sch 15 paras 1 & 14. 167 1976 s. 33(1)–(3) & (5); 1989 Sch 15 para 1; 1990 Sch 15 para 18. 168 1975 Sch 3 para 37; 1989 ss. 155 & 157(1) & Sch 17 para 7(4)(e). 169 1989 s. 147(1), (2) & (4). 170 1989 Sch 19 para 10(1)–(3). 171 1989 s. 156(1)–(5). 172 1989 s. 147(1), (2) & (4). 173 Introduces Sch 20. 174 1989 s. 180. 175 1989 s. 153(2) & (6). 176 1989 s. 167. 177 Introduces Sch 21. 178 Introduces Sch 22. 179 1989 s. 160(4)–(7) & (9). 180 1976 s. 106; 1989 Sch 15 para 1. 181 1975 s. 38; 1976 s. 115; 1989 Sch 17 para 1 & Sch 19 para 7. 182 1989 s. 159. 183 1976 s. 111; 1979 (c. 46) Sch 4 para 16; 1989 s. 163; 1990 (c. 11) Sch 2 para 81(2). 184 1989 s. 157(2) & (3). 185 1976 s. 24(1) & 26(12); 1989 Sch 15 para 1. 186 1989 Sch 19 paras 1 & 11. 187 1989 s. 150. 188 1989 s. 143(2). 189 1963 s. 53; 1973 s. 9; 1989 Sch 13 paras 1 & 17. 190 1989 s. 117 & 121; 1990 Sch 15 para 30. 191 1989 Sch 19 para 9(2) & (8). 192 1989 s. 103(2) & (3). 193 1976 s. 9(1), (7), (8), (10) & (11); 1989 Sch 15 paras 1 & 4 & Sch 26 para 38; TFO: SI 1978/272 Sch 3 para 7(5). 194 1976 s. 9(3), (5) & (6); 1989 Sch 15 paras 1 & 4; TFO: SI 1978/272 Sch 3 para 7(5). 195 1989 s. 165. 196 1989 s. 149. 197 1989 s. 130. 198 1945 s. 7(1)–(5) & (7); 1965 Sch 2; 1977 Sch 1. 199 1963 s. 78(2)–(3) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 20. 200 1963 s. 17; 1973 s. 9; 1982(CJA) s. 38; 1989 Sch 13 paras 1 & 3. 201 1963 s. 114; 1973 s. 9; 1982(CJA) s. 38; 1989 Sch 13 para 1. 202 1989 ss. 118 & 121. 203 1989 s. 119. 204 1989 s. 174; R: 11. 205 1945 ss. 7(6) & (7) & 48(6); 1949 (c. 11) s. 1(1); 1977 Sch 1; TFOs: SI 1951/142 Sch; SI 1951/1900 art 1; SI 1965/319 Sch 3; SI 1970/1681 Sch 1. 206 1945 s. 45; 1963 s. 115; 1989 s. 175. 207 1989 s. 170(1)–(6) & (9). 208 1981 s. 6; 1986(GA) Sch 7 para 2(6); 1989 Sch 25 para 63; 1989(EA) Sch 16 para 1(5); 1990 (c. 11) Sch 2 para 46; 1991(NR) Sch 8 para 106. 209 1963 s. 31(5); 1989 s. 148. 210 1975 s. 28(6) & (8); 1989 s. 186 & Sch 17 para 7(7)(b). 211 1963 ss. 79(8) & (9) & 135(8); 1975 s. 28(7) & Sch 4 Pt I para 1(2); 1976 s. 34(4) & (5); 1977 Sch 6; 1982(CJA) s. 38; 1989 ss. 114(2), 121, 122 & 158(4)(d). 212 1975 Sch 3 paras 17 & 18; 1989 Sch 17 para 1; TFO: SI 1978/272 Sch 3 para 6. 213 1963 s. 109(1); 1973 s. 9; 1989 s. 120 & Sch 13 para 1; TFOs: SI 1965/319 Sch 3 para 2; SI 1978/272 Sch 3 para 2(7). 214 1976 s. 96; 1982(CJA) s. 38; 1986 (c. 63) s. 42; TFO: SI 1978/272 Sch para 7. 215 1963 s. 109(2); 1989 s. 181 & Sch 13 para 26 & Sch 17 para 7(16). 216 1963 s. 118(1) & (2); 1973 s. 9; 1989 Sch 13 para 1. 217 1963 s. 118(3) & (4); 1989 ss. 121(1) & 177; R: 13. 218 1989 ss. 182 & 189(1) (definition of “services”). 219 1963 s. 134; 1989 ss. 185 & 189(1) (definition of “prescribed”). 220 1945 s. 56; 1963 s. 120; 1989 s. 187 & Sch 25 para 7(10); R: 14. 221 1945 s. 59(1) (definition of “owner”); 1963(L) Sch 14 para 10; 1963 ss. 2, 19(7), 120(5) & 135; 1976 ss. 32(5) & 116; 1981 s. 6(7)(b); 1985(LG) Sch 7 para 9; 1989 ss. 124, 127(6), 130(8), 135(1), 189 & 191(6) & Sch 13 paras 2 & 31 & Sch 15 para 38; 1990 (c. 11) Sch 2 para 81(1); 1991(NR) Sch 8 para 116(3). R: 6, 15, 16 & 20. 222 1963 s. 123(1) & (5); 1976 s. 115; 1989 s. 192; 1990 (c. 11) Sch 2 para 81(3). 223 1963 s. 123(1) & (5). 224 1989 s. 193. 225 1989 ss. 141(6) & 194. Sch 1 1963 s. 120(5); 1976 s. 35; 1989 Sch 1, Pt I, paras. 1-10 & 14 & Sch 15 para 1. Sch 2 1963 ss. 82, 106, 133(2)–(4), 134(4) & 135(1) & (2) & Sch 10; 1973 s. 9 & Sch 8 para 83; 1989 Sch 13 paras 1, 23, 25 & 33; TFOs: SI 1976/1775 Sch 3 para 7; SI 1979/571 Art 3(5); SI 1981/238 Arts 2 & 3(4); R: 16. Sch 3 1989 Sch 16. Sch 4 1976 Sch 1; 1982 (c. 32) Sch 5 para 7; 1983 Sch 4 paras 5 & 6; 1985 (c. 65) Sch 8, para 29; 1989 Sch 15 paras 1 & 39; TFO: SI 1978/272 Sch 3 para 7(5). Sch 5 1963 s. 135(1) & Sch 7; 1973 s. 9; 1989 Sch 13 paras 1 and 32; 1989(EA) Sch 16 para 10; TFOs: SI 1970/1681 Sch 3 para 9(1); 1983/1127 Art 2(3). Sch 6 1963 ss. 25(5)–(8) & 135(1) & Sch 7; 1973 s. 9; 1989 Sch 13 paras 1 and 32; 1989(EA) Sch 16 para 10; TFOs: SI 1965/145 Sch 1; SI 1970/1537 art 2(1); SI 1970/1681 Sch 3 para 9; SI 1974/692 Sch 1 Pt III; SI 1983/1127 Art 2(3); R: 4. Sch 7 1963 ss. 46(3) & 50(4) & (5); 1989 Sch 26 paras 30–33. Sch 8 1989 Sch 14 paras. 1–3. Sch 9 1989 s. 135(1) & Sch 14 paras. 5–8. Sch 10 1989 s. 176 & Sch 12 paras 1–7. Sch 11 1989 Sch 7. Sch 12 1989 Sch 11. Sch 13 1989 Sch 26 Pt III. Sch 14 1976 s. 10(2) & (3) & 109(5)(b) and Sch 3 paras 1–4 and 9–14; TFO: SI 1978/272 Sch 3 para 7(12). Sch 15 1976 ss. 52–61; 1989 Sch 15 paras 1, 24 & 25; SI 1978/319 Sch 5 para 5; SI 1990/214 Reg 5; TFO: SI 1978/272 Sch 3 para 7(5). Sch 16 1976 ss. 50(4)–(8) & 109(6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(5). Sch 17 1976 ss. 88(3) & (4) & 109(1), (4) & (5) & Sch 3 paras 5 to 8. Sch 18 1989 Sch 18. Sch 19 1989 Sch 20. Sch 20 1989 ss. 147(3), 156(6) 178 & 179 & Sch 19 para 10(4) & (5); 1991(NR) Sch 8 para 116(4). Sch 21 1976 ss. 17(5) & 33(4); 1989 Sch 15 para 1 & Sch 19 paras 2(4)–(6), 6 & 8(2)–(4). Sch 22 1976 ss. 29(8) & 112; 1984 Sch 4 para 66(2); 1984 (c. 32) Sch 6 para 12; 1986 (c. 31) Sch 2 para 5; 1986 (c. 44) Sch 7 para 25; 1987 (c. 3) Sch 1 para 32; 1989 s. 160(1)–(3), (6) & (8) & Sch 15 para 37 & Sch 19 paras 2(9) & 3; 1989 (c. 29) Sch 16 paras 21 & 37; 1991(NR) Sch 8 para 116(4); R: 17. Sch 23 1989 Sch 21. Sch 24 1989 s. 174(2)(d) & (3). Sch 25 1963 s. 79(3)–(6); 1973 s. 9; 1975 Sch 3 paras 14–16 & 19–36; 1976 s. 34; 1986 (c. 62) s. 33(3); 1989 ss. 114, 158, Sch 13 para 21, Sch 15 para 15(1) & Sch 17 para 7(14)(c) & (d); R: 5. Sch 26 1989 Sch 24.
“minimum acceptable flow”, in relation to any inland waters, means (except in sections 21 and 22 above and subject to section 23(3) above) the minimum acceptable flow as for the time being contained in provisions which are in force under section 21(7) above in relation to those waters;
The Authority—
shall have power to do anything which, in the opinion of the Authority, is calculated to facilitate, or is conducive or incidental to, the carrying out of the Authority’s functions; and
without prejudice to the generality of that power, shall have power, for the purposes of, or in connection with, the carrying out of those functions, to institute criminal proceedings, to acquire and dispose of land and other property and to carry out such engineering or building operations at such places as the Authority considers appropriate.
Subject to subsection (3) below, the Authority may provide for any person outside the United Kingdom advice or assistance, including training facilities, as respects any matter in which the Authority has skill or experience.
Without prejudice to any power of the Authority apart from subsection (2) above to provide advice or assistance of the kind mentioned in that subsection, the power conferred by that subsection shall not be exercised except— and a consent under this subsection may be given subject to such conditions as the Secretary of State thinks fit.
with the consent in writing of the Secretary of State; and
if the exercise of that power involves capital expenditure by the Authority, or the guaranteeing by the Authority of any liability, with that consent given with the approval of the Treasury;
Without prejudice to subsection (1) above, the powers conferred by section 1 of the Local Authorities (Goods and Services) Act 1970 shall be exercisable by the Authority as if the Authority were a public body within the meaning of that section.
Nothing in this section with respect to the carrying out of works shall be construed as conferring any power to do anything otherwise than for the purpose of giving the Authority capacity as a corporation to do that thing; and, accordingly, without prejudice to the provisions of Part VII of this Act, this section shall be disregarded for the purpose of determining whether the Authority is liable, on grounds other than an incapacity by virtue of its constitution, for any act or omission in exercise of a power to carry out works conferred by this section.
Directions of a general or specific character may be given to the Authority—
with respect to the carrying out of the Authority’s functions mentioned in paragraphs (a), (b) and (e) of subsection (1) of section 2 above (other than its functions in connection with the making of applications for orders under section 94 below), by the Secretary of State;
with respect to the making of applications for orders under section 94 below or with respect to the carrying out of its functions mentioned in paragraphs (c) and (d) of that subsection, by either of the Ministers; and
with respect to anything not falling within paragraph (a) or (b) above which is connected with the carrying on of the Authority’s activities generally, by the Ministers.
Without prejudice to the generality of the power conferred by subsection (1) above, directions under that subsection may include such directions as the Secretary of State, the Minister or, as the case may be, both of them consider appropriate in order to enable Her Majesty’s Government in the United Kingdom to give effect—
to any Community obligations; or
to any international agreement to which the United Kingdom is for the time being a party.
The power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the Authority.
Any power of the Secretary of State or the Minister otherwise than by virtue of this section to give directions to the Authority shall be without prejudice to the power conferred by this section.
It shall be the duty of the Authority to comply with any direction which is given to the Authority, under this section or any of the other provisions of this Act, by either or both of the Ministers.
The Secretary of State shall continue to maintain the committee established under section 3 of the Water Act 1989 for advising him with respect to matters affecting or otherwise connected with the carrying out in Wales of the Authority’s functions.
The committee maintained under this section shall consist of such persons as may, from time to time, be appointed by the Secretary of State.
The committee maintained under this section shall meet at least once a year.
The Secretary of State shall pay to the members of the committee maintained under this section such sums reimbursing them for loss of remuneration, for travelling expenses and for other out-of-pocket expenses as he may, with the consent of the Treasury, determine.
It shall be the duty of the Authority—
to establish and maintain advisory committees, consisting of persons who are not members of the Authority, for the different regions of England and Wales;
to consult the advisory committee for any region as to any proposals of the Authority relating generally to the manner in which the Authority carries out its functions in that region; and
to consider any representations made to it by the advisory committee for any region (whether in response to consultation under paragraph (b) above or otherwise) as to the manner in which the Authority carries out its functions in that region.
The duty to establish and maintain advisory committees imposed by subsection (1) above is a duty— and it shall be the duty of the Authority in determining the regions for which advisory committees are established and maintained under this section to ensure that one of those regions consists wholly or mainly of, or of most of, Wales.
to establish and maintain an advisory committee for each area which the Authority considers it appropriate for the time being to regard as a region of England and Wales for the purposes of this section; and
to ensure that the persons appointed by the Authority to each such committee are persons who appear to the Authority to have an interest in matters likely to be affected by the manner in which the Authority carries out any of its functions in the region in question;
There shall be paid by the Authority— as may, with the consent of the Treasury, be determined by the Secretary of State.
to the chairman of an advisory committee established and maintained under this section such remuneration and such travelling and other allowances; and
to any other members of that committee such sums reimbursing them for loss of remuneration, for travelling expenses or for any other out-of-pocket expenses,
For the purposes of this section functions of the Authority which are carried out in any area of Scotland or of the territorial sea which is adjacent to any region for which an advisory committee is maintained shall be regarded as carried out in that region.
It shall be the duty of the Authority—
to establish and maintain advisory committees of persons who are not members of the Authority but appear to it to be interested in salmon fisheries, trout fisheries, freshwater fisheries or eel fisheries in the different parts of the controlled area; and
to consult those committees as to the manner in which the Authority is to perform its duty under section 114 below.
The duty to establish and maintain advisory committees imposed by subsection (1) above is a duty to establish and maintain— and it shall be the duty of the Authority in determining the regions for which regional advisory committees are established and maintained under this section to ensure that one of those regions consists (apart from territorial waters) wholly or mainly of, or of most of, Wales.
a regional advisory committee for each such region of the controlled area as the Authority considers it appropriate for the time being to regard as a region of that area for the purposes of this section; and
such local advisory committees as the Authority considers necessary to represent the interests referred to in paragraph (a) of that subsection in the different parts of each such region;
There shall be paid by the Authority— as may, with the consent of the Treasury, be determined by one of the Ministers.
to the chairman of an advisory committee established and maintained under this section such remuneration and such travelling and other allowances; and
to any other members of that committee such sums reimbursing them for loss of remuneration, for travelling expenses or for any other out-of-pocket expenses,
In this section “the controlled area” means the area specified in section 2(6) above in respect of which the Authority carries out functions under Part V of this Act.
There shall continue to be committees, known as regional flood defence committees, for the purpose of carrying out the functions which fall to be carried out by such committees by virtue of this Act.
Subject to Schedule 3 to this Act (which makes provision for the alteration of the boundaries of and the amalgamation of the areas of regional flood defence committees)—
each regional flood defence committee shall have the same area as immediately before the coming into force of this section; but
where under section 165(2) or (3) below any function of the Authority falls to be carried out at a place beyond the seaward boundaries of the area of any regional flood defence committee, that place shall be assumed for the purposes of this Act to be within the area of the regional flood defence committee to whose area the area of sea where that place is situated is adjacent.
The Authority shall maintain a principal office for the area of each regional flood defence committee.
Subject to subsection (2) below, a regional flood defence committee shall consist of the following, none of whom shall be a member of the Authority, that is to say—
a chairman and a number of other members appointed by the relevant Minister;
two members appointed by the Authority;
a number of members appointed by or on behalf of the constituent councils.
Subject to section 11 below and to any order under Schedule 3 to this Act amalgamating the areas of any two or more regional flood defence committees—
the total number of members of the regional flood defence committee for any area shall be the same as immediately before the coming into force of this section; and
the number of members to be appointed to a regional flood defence committee for any area by or on behalf of each of the constituent councils or, as the case may be, jointly by or on behalf of more than one of them shall be the same number as fell to be so appointed immediately before the coming into force of this section.
Where— the member or members in question shall be appointed by the relevant Minister on behalf of those councils.
the appointment of one or more members of a regional flood defence committee is (by virtue of subsection (2) above or an order under section 11(5) below), to be made jointly by more than one constituent council; and
the councils by whom that appointment is to be made are unable to agree on an appointment,
In appointing a person to be the chairman or a member of a regional flood defence committee under subsection (1)(a) or (c) or (3) above the relevant Minister or, as the case may be, a constituent council shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee.
The councils of every county, metropolitan district or London borough any part of which is in the area of a regional flood defence committee shall be the constituent councils for the regional flood defence committee for that area, and the Common Council of the City of London shall be a constituent council for the regional flood defence committee for any area which comprises any part of the City.
In this section “the relevant Minister”—
in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales, means the Secretary of State; and
in relation to any other regional flood defence committee, means the Minister.
The Authority may, in accordance with the following provisions of this section, from time to time make a determination varying the total number of members of a regional flood defence committee.
The Authority shall submit any determination under subsection (1) above to the relevant Minister.
For the purposes of this section—
the total number of members of a regional flood defence committee shall not be less than eleven; and
any determination by the Authority under subsection (1) above that a regional flood defence committee should consist of more than seventeen members shall be provisional and shall take effect only if the relevant Minister makes an order under subsection (4) below.
If the Authority submits a provisional determination to the relevant Minister with respect to any regional flood defence committee and he considers that the committee should consist of more than seventeen members, he may by order made by statutory instrument—
confirm it; or
substitute for the number of members determined by the Authority some other number not less than seventeen.
Subject to the following provisions of this section, whenever— the relevant Minister shall by order made by statutory instrument specify, in relation to times after the coming into force of the variation, rules or regulations or alteration, the number of members to be appointed to the committee by each of the constituent councils.
the total number of members of a regional flood defence committee is varied under this section; or
the relevant Minister considers it necessary to make an order under this subsection in consequence of—
the effect in relation to the whole or any part of the area of any regional flood defence committee of any rules or regulations made for the purposes of paragraphs 4 to 6 of Schedule 12A to the Local Government Finance Act 1988 (definition of relevant population); or
the alteration of the boundaries of the area of a regional flood defence committee,
An order under subsection (5) above shall be so framed that the total number of members appointed under section 10(1)(a) and (b) above is one less than the number of those appointed by or on behalf of constituent councils.
For the purpose of determining for the purposes of subsection (5) above the number of persons to be appointed to a regional flood defence committee by or on behalf of each constituent council, the relevant Minister—
shall have regard to the relevant population of any relevant area of that council; and
where, having regard to the proportion which that population bears to the aggregate of the relevant populations of the relevant areas of all the constituent councils— may include provision to that effect in the order.
he considers it to be inappropriate that that council should appoint a member of the committee; or
he considers that one or more members should be appointed jointly by that council and one or more other constituent councils,
In this section—
“compensation water” means water which a water undertaker or the appropriate agency is under an obligation to discharge— and
“agricultural land” means— but does not include land occupied together with a house as a park, gardens (other than as aforesaid) or pleasure grounds, land kept or preserved mainly or exclusively for purposes of sport or recreation or land used as a racecourse;
“rainfall” includes any fall of snow, hail or sleet.
The Secretary of State may give to the appropriate agency directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) above or which, by virtue of section 191A or 191B below, ought to have been excluded from the register.
“Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
any river, stream or other watercourse, whether natural or artificial and whether tidal or not;
any lake or pond, whether natural or artificial, and any reservoir or dock; and
any channel, creek, bay, estuary or arm of the sea;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;
Where information of any description is excluded from any register by virtue of section 191B below, a statement shall be entered in the register indicating the existence of information of that description.
It shall be the duty of the appropriate agency to provide a water supply licensee with all such information to which this section applies as is in the possession of the appropriate agency and is reasonably requested by the licensee for purposes connected with the carrying on of activities under the licensee's licence.
It shall be the duty of every water supply licensee to provide the appropriate agency with all such information to which this section applies as is in the possession of the licensee and is reasonably requested by the appropriate agency for purposes connected with the carrying out of any of its functions.
“resource main” means any pipe, not being a trunk main within the meaning of the Water Industry Act 1991, which is or is to be used for the purpose of—
A scheme, known as a local flood defence scheme, may be made by the Authority, in accordance with the following provisions of this section—
for the creation in the area of a regional flood defence committee of one or more districts, to be known as local flood defence districts; and
for the constitution, membership, functions and procedure of a committee for each such district, to be known as the local flood defence committee for that district.
A regional flood defence committee may at any time submit to the Authority— and references in the following provisions of this section and in section 13 below to local flood defence schemes are references to schemes under either of paragraphs (a) and (b) above.
a local flood defence scheme for any part of their area for which there is then no such scheme in force; or
a scheme varying a local flood defence scheme or revoking such a scheme and, if the committee think fit, replacing it with another such scheme;
Before submitting a scheme to the Authority under subsection (2) above, a regional flood defence committee shall consult—
every local authority any part of whose area will fall within the area to which the scheme is proposed to relate; and
such organisations representative of persons interested in flood defence (within the meaning of Part IV of this Act) or agriculture as the regional flood defence committee consider to be appropriate.
It shall be the duty of the Authority to send any scheme submitted to it under subsection (2) above to one of the Ministers.
A local flood defence scheme may define a local flood defence district— or partly by one of those means and partly by another or the others.
by reference to the districts which were local land drainage districts immediately before 1st September 1989;
by reference to the area of the regional flood defence committee in which that district is situated;
by reference to a map;
A local flood defence scheme may contain incidental, consequential and supplementary provisions.
Either of the Ministers may approve a local flood defence scheme with or without modifications; and any scheme approved under this subsection shall come into force on a date fixed by the Minister approving it.
Subject to subsections (2) and (3) below, a local flood defence scheme shall provide that any local flood defence committee to which it relates shall consist of not less than eleven and not more than fifteen members.
A regional flood defence committee may include in a local flood defence scheme which they submit to the Authority a recommendation that a committee to which the scheme relates should consist of a number of members greater than fifteen; and a scheme so submitted shall be taken to provide for the number of members of a committee if it contains a recommendation under this subsection relating to that committee.
The power conferred on each of the Ministers by section 12(7) above shall include power to direct that a committee to which a recommendation under subsection (2) above relates shall consist either of the recommended number of members or of some other number of members greater than fifteen.
A local flood defence committee shall consist of—
a chairman appointed from among their own members by the regional flood defence committee;
other members appointed by that committee; and
members appointed, in accordance with and subject to the terms of the local flood defence scheme, by or on behalf of constituent councils.
The number of members appointed to a local flood defence committee by or on behalf of constituent councils shall be one more than the total number of members appointed by the regional flood defence committee.
In appointing a person to be a member of a local flood defence committee, the regional flood defence committee shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee to which he is appointed.
The councils of every county, metropolitan district or London borough any part of which is in a local flood defence district shall be the constituent councils for the local flood defence committee for that district, and the Common Council of the City of London shall be a constituent council for the local flood defence committee of any local flood defence district which comprises any part of the City.
It shall be the duty of the Agency and the NRBW, in exercising any of their powers under any enactment, to have particular regard to the duties imposed, by virtue of the provisions of Parts II to IV of the Water Industry Act 1991, on any water undertaker or sewerage undertaker which appears to the Agency or the NRBW, as the case may be, to be or to be likely to be affected by the exercise of the power in question.
It shall be the duty of each of the Ministers, in exercising— to take into account the duty imposed on the Agency and the NRBW by subsection (1) above.
any power conferred by virtue of the 1995 Act,this Act, the Land Drainage Act 1991, the Water Industry Act 1991, the Water Act 1989 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) in relation to, or to decisions of, the Agency or the NRBW; or
any power which, but for any direction given by one of the Ministers, would fall to be exercised by the Agency or the NRBW,
It shall be the duty of each of the Ministers and of the Authority, in formulating or considering any proposals relating to any functions of the Authority—
so far as may be consistent— so to exercise any power conferred on him or it with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;
with the purposes of any enactment relating to the functions of the Authority; and
in the case of the Secretary of State, with his duties under section 2 of the Water Industry Act 1991,
to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural or historic interest; and
to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.
Subject to subsection (1) above, it shall be the duty of each of the Ministers and of the Authority, in formulating or considering any proposals relating to the functions of the Authority—
to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, moor, heath, down, cliff or foreshore and other places of natural beauty;
to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; and
to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.
Subsections (1) and (2) above shall apply so as to impose duties on the Authority in relation to- as they apply in relation to proposals relating to the Authority’s own functions but as if, for that purpose, the reference in subsection (1)(a) above to enactments relating to the functions of the Authority were a reference to enactments relating to that to which the proposal relates.
any proposals relating to the functions of a water undertaker or sewerage undertaker;
any proposals relating to the management, by the company holding an appointment as such an undertaker, of any land for the time being held by that company for any purpose whatever (whether or not connected with the carrying out of the functions of a water undertaker or sewerage undertaker); and
any proposal which by virtue of section 156(7) of the Water Industry Act 1991 (disposals of protected land) falls to be treated for the purposes of section 3 of that Act as a proposal relating to the functions of a water undertaker or sewerage undertaker,
Subject to obtaining the consent of any navigation authority, harbour authority or conservancy authority before doing anything which causes navigation which is subject to the control of that authority to be obstructed or otherwise interfered with, it shall be the duty of the Authority to take such steps as are— for securing, so long as the Authority has rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.
reasonably practicable; and
consistent with the purposes of the enactments relating to the functions of the Authority,
It shall be the duty of the Authority, in determining what steps to take in performance of any duty imposed by virtue of subsection (4) above, to take into account the needs of persons who are chronically sick or disabled.
Nothing in this section or the following provisions of this Act shall require recreational facilities made available by the Authority to be made available free of charge.
In this section “building” includes structure.
Where the Nature Conservancy Council for England or the Countryside Council for Wales are of the opinion that any area of land in England or, as the case may be, in Wales— that Council shall notify the fact that the land is of special interest for that reason to the Authority.
is of special interest by reason of its flora, fauna or geological or physiographical features; and
may at any time be affected by schemes, works, operations or activities of the Authority or by an authorisation given by the Authority,
Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads— the National Park authority or Broads Authority shall notify the fact that the land is such land, and the reasons why those matters are of particular importance in relation to the land, to the Authority.
is land in relation to which the matters for the purposes of which sections 2(2) and 16 above have effect are of particular importance; and
may at any time be affected by schemes, works, operations or activities of the Authority or by an authorisation given by the Authority,
Where the Authority has received a notification under subsection (1) or (2) above with respect to any land, it shall consult the notifying body before carrying out or authorising any works, operations or activities which appear to the Authority to be likely—
to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or
significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.
Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to the Nature Conservancy Council for England, the Countryside Council for Wales, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.
In this section—
Each of the Ministers shall have power by order to approve any code of practice issued (whether by him or by another person) for the purpose of— and may at any time by such an order approve a modification of such a code or withdraw his approval of such a code or modification.
giving practical guidance to the Authority with respect to any of the matters for the purposes of which sections 2(2), 16 and 17 above have effect; and
promoting what appear to him to be desirable practices by the Authority with respect to those matters,
A contravention of a code of practice as for the time being approved under this section shall not of itself constitute a contravention of any requirement imposed by section 2(2), 16 or 17 above or give rise to any criminal or civil liability; but each of the Ministers shall be under a duty to take into account whether there has been or is likely to be any such contravention in determining when and how he should exercise his powers in relation to the Authority by virtue of this Act, the Land Drainage Act 1991, the Water Industry Act 1991 or the Water Act 1989.
The power of each of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Neither of the Ministers shall make an order under this section unless he has first consulted—
the Authority;
the Countryside Commission, the Nature Conservancy Council for England and the Countryside Council for Wales;
the Historic Buildings and Monuments Commission for England;
the Sports Council and the Sports Council for Wales; and
such water undertakers, sewerage undertakers and other persons as he considers it appropriate to consult.
It shall be the duty of the Agency to take all such action as it may from time to time consider, in accordance (if any have been given for the purposes of this section) with the directions of the Secretary of State, to be necessary or expedient for the purpose—
of conserving, redistributing or otherwise augmenting water resources in England and Wales; and
of securing the proper use of water resources in England and Wales.
Nothing in this section shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).
It shall be the duty of the appropriate agency so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation of— as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act.
the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and
any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions,
Without prejudice to the power of the appropriate agency and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—
make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions;
contain provision requiring payments to be made by the appropriate agency to the undertaker; and
require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements.
The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State.
The appropriate agency may, if it thinks it appropriate to do so, submit a draft statement to the Secretary of State containing, in relation to any inland waters that are not discrete waters—
provision for determining the minimum acceptable flow for those waters; or
where any provision for determining such a flow is for the time being in force in relation to those waters, provision for amending that provision or for replacing it with different provision for determining the minimum acceptable flow for those waters.
The provision contained in any statement for determining the minimum acceptable flow for any inland waters shall, in relation to the inland waters to which it relates, set out—
the control points at which the flow in the waters is to be measured;
the method of measurement which is to be used at each control point; and
the flow which is to be the minimum acceptable flow at each control point or, where appropriate, the flows which are to be the minimum acceptable flows at each such point for the different times or periods specified in the statement.
Before preparing so much of any draft statement under this section as relates to any particular inland waters, the appropriate agency shall consult—
any water undertaker having the right to abstract water from those waters;
if those waters are in Wales and there are related inland waters in England, the Agency;
any other water undertaker having the right to abstract water from any related underground strata;
if those waters are in England and there are related inland waters in Wales, the NRBW;
the drainage board for any internal drainage district from which water is discharged into those waters or in which any part of those waters is situated;
any navigation authority, harbour authorityor conservancy authority having functions in relation to those waters or any related inland waters;
if those waters are ... situated in Wales (or in an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales) and they or any related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport; and
any person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity who has a right to abstract water from those waters.
In determining the flow to be specified in relation to any inland waters under subsection (2)(c) above, the appropriate agency shall have regard—
to the flow of water in the inland waters from time to time;
in the light of its duties under sections 6(1), 7 and 8 of the 1995 Act, to the character of the inland waters and their surroundings; and
to any water quality objectives established under Chapter I of Part III of this Act in relation to the inland waters or any other inland waters which may be affected by the flow in the inland waters in question.
The flow specified in relation to any inland waters under subsection (2)(c) above shall be not less than the minimum which, in the opinion of the appropriate agency, is needed for safeguarding the public health and for meeting (in respect of both quantity and quality of water)—
the requirements of existing lawful uses of the inland waters, whether for agriculture, industry, water supply or other purposes; and
the requirements, in relation to both those waters and other inland waters whose flow may be affected by changes in the flow of those waters, of navigation, fisheries or land drainage.
The provisions of Schedule 5 to this Act shall have effect with respect to draft statements under this section and with respect to the approval of statements submitted as draft statements.
The approval under Schedule 5 to this Act of a draft statement under this section shall bring into force, on the date specified in that approval, so much of that statement, as approved, as contains provision for determining, amending or replacing the minimum acceptable flow for any inland waters.
For the purposes of subsection (3) above—
underground strata are related underground strata in relation to any inland waters if—
a water undertaker has a right to abstract water from the strata; and
it appears to the appropriate agency, having regard to the extent to which the level of water in the strata depends on the flow of those waters, that the exercise of that right may be substantially affected by so much of the draft statement in question as relates to those waters;
inland waters are related inland waters in relation to any other inland waters, where it appears to the appropriate agency that changes in the flow of the other waters may affect the flow of the first-mentioned inland waters.
For the purposes of subsection (5) above the appropriate agency shall be entitled (but shall not be bound) to treat as lawful any existing use of any inland waters unless— ... .
by a decision given in any legal proceedings, it has been held to be unlawful; and
that decision has not been quashed or reversed;
In subsection (5) above, the reference to land drainage includes—
defence against water (including sea water), irrigation (other than spray irrigation), warping and the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse; and
the provision of flood warning systems.
The appropriate agency may enter into and maintain such arrangements with holders of abstraction licences other than water undertakers for securing the proper management or operation of— as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act.
the waters from which they have the right by virtue of their licences to abstract water; and
any reservoirs, apparatus or other works which are used for the purposes of or in connection with their abstractions and which belong to them, are operated by them or are otherwise under their control,
Without prejudice to the power of the appropriate agency and any holder of an abstraction licence to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—
make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which the holder of the licence will use for the purposes of or in connection with his abstraction;
contain provision requiring payments to be made by the appropriate agency to the holder of the licence; and
require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements.
The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State.
In this section, references to abstraction licences are to licences under Chapter 2 of this Part to abstract water.
If the appropriate agency is directed by the Secretary of State to consider whether the minimum acceptable flow for any particular inland waters ought to be determined or reviewed, the appropriate agency shall consider that matter as soon as reasonably practicable after being directed to do so.
After considering any matter under subsection (1) above the appropriate agency shall submit to the Secretary of State with respect to the inland waters in question either— and subsections (6) and (7) of that section shall apply in relation to a draft statement under this subsection as they apply in relation to a draft statement under that section.
such a draft statement as is mentioned in subsection (1) of section 21 above; or
a draft statement that no minimum acceptable flow ought to be determined for those waters or, as the case may require, that the minimum acceptable flow for those waters does not need to be changed.
Without prejudice to the generality of paragraph 4 of Schedule 5 to this Act, the power of the Secretary of State under that paragraph to alter a draft statement before approving it shall include power to substitute a statement containing or amending any such provision as is mentioned in subsection (2) of section 21 above for such a draft statement as is mentioned in subsection (2)(b) of this section.
This section applies where—
the appropriate agency has sought to enter into arrangements acceptable to it under section 20 or 20A above, but is satisfied that the other party is unwilling to enter into such arrangements or to do so on terms appearing to the appropriate agency to be reasonable; or
having entered into such arrangements, the appropriate agency has sought to renew or vary them but is satisfied that the other party is unwilling to do so or to do so on terms appearing to the appropriate agency to be reasonable.
Where this section applies, the appropriate agency may refer to the Secretary of State the question (as the case may be)—
whether such arrangements should be entered into, and if so, on what terms; or
whether the arrangements should be renewed or varied (as the case may be), and if so, on what terms.
If the Secretary of State determines that arrangements should be entered into or (as the case may be) renewed or varied, such arrangements on the terms determined by the Secretary of State shall be enforceable—
by civil proceedings by the Secretary of State for an injunction or for any other appropriate relief; and
where the other party is a water undertaker, also under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State.
The functions of the Secretary of State under subsection (2) above shall be treated for the purposes of section 114 of the 1995 Act (delegation or reference of appeals) as if they were functions to which paragraph (a) of subsection (1) of that section applied.
Where it appears to the appropriate agency, in the case of any particular inland waters, that it would be appropriate to measure the level or the volume (either instead of or in addition to the flow) the appropriate agency may determine that sections 21 and 22 above shall apply in relation to those inland waters as if any reference to the flow were or, as the case may be, included a reference to the level or to the volume.
Where the appropriate agency makes a determination under subsection (1) above with respect to any inland waters, any draft statement prepared for the purposes of section 21 or 22 above, in so far as it relates to those waters, shall state—
whether the level or the volume is to be measured; and
whether it is to be measured instead of, or in addition to, the flow.
Chapter II of this Part shall apply in relation to any inland waters with respect to which a determination has been made under subsection (1) above as if any reference in that Chapter to the flow were, or (as the case may be) included, a reference to the level or, as the case may be, the volume.
In the circumstances mentioned in subsection (2) below, the appropriate agency may, in carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act, propose to a qualifying person (within the meaning of section 40 of the Water Industry Act 1991) that he make an application under that section for a bulk supply of water from a water undertaker.
The circumstances referred to in subsection (1) above are that it appears to the appropriate agency that such a bulk supply is necessary in order to secure the proper use of water resources.
The appropriate agency shall not make such a proposal without first consulting the Water Services Regulation Authority.
The appropriate agency may include in its proposal the period for which, and terms and conditions on which, the appropriate agency considers it appropriate that the bulk supply should be given.
Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter III of this Part, no person shall— except in pursuance of a licence under this Chapter granted by the appropriate agency and in accordance with the provisions of that licence.
abstract water from any source of supply; or
cause or permit any other person so to abstract any water,
Where by virtue of subsection (1) above the abstraction of water contained in any underground strata is prohibited except in pursuance of a licence under this Chapter, no person shall begin, or cause or permit any other person to begin— unless the conditions specified in subsection (3) below are satisfied.
to construct any well, borehole or other work by which water may be abstracted from those strata;
to extend any such well, borehole or other work; or
to instal or modify any machinery or apparatus by which additional quantities of water may be abstracted from those strata by means of a well, borehole or other work,
The conditions mentioned in subsection (2) above are—
that the abstraction of the water or, as the case may be, of the additional quantities of water is authorised by a licence under this Chapter; and
that— fulfils the requirements of that licence as to the means by which water is authorised to be abstracted.
the well, borehole or work, as constructed or extended; or
the machinery or apparatus, as installed or modified,
A person shall be guilty of an offence if—
he contravenes subsection (1) or (2) above; or
he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.
A person who is guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
The restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment.
Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter 3 of this Part, no person shall— unless (in either case) the conditions mentioned in subsection (1A) below are satisfied.
begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in any inland waters which are not discrete waters; or
cause or permit the flow of any inland waters which are not discrete waters to be obstructed or impeded at any point by means of impounding works,
any other requirements of the licence, whether as to the provision of compensation water or otherwise, are complied with.
A person shall be guilty of an offence if—
he contravenes subsection (1) above; or
he is for the purposes of this section the holder of a licence under this Chapter and ... does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.
The conditions are—
a licence under this Chapter granted by the appropriate agency to obstruct or impede the flow of those inland waters at that point by means of impounding works is in force;
the impounding works will not (or, as the case may be, do not) obstruct or impede the flow of the inland waters except to the extent, and in the manner, authorised by the licence; and
any other conditions or requirements imposed by the provisions, as for the time being in force, of the licence (whether as to the provision of compensation water or otherwise) are complied with.
A person who is guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
Subject to subsection (5) below, the restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment.
Subject to subsection (6) below, the restriction on impounding works shall not apply in respect of any impounding works, if— is authorised (in whatsoever terms, and whether expressly or by implication) by virtue of any such statutory provision as at the coming into force of this Act was an alternative statutory provision for the purposes of section 36(2) of the Water Resources Act 1963.
the construction or alteration of those works; or
the obstruction or impeding of the flow of the inland waters resulting from the construction or alteration of the works,
The provisions of this Chapter shall have effect in accordance with subsection (7) below where by virtue of any such provision as is mentioned in subsection (5) above and is for the time being in force— is authorised (in whatsoever terms, and whether expressly or by implication) to obstruct or impede the flow of any inland waters by means of impounding works (whether those works have already been constructed or not).
any water undertaker or sewerage undertaker to which rights under that provision have been transferred in accordance with a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to the Water Industry Act 1991; or
any other person,
Where subsection (6) above applies, the provisions of this Chapter shall have effect (with the necessary modifications), where the reference is to the revocation or variation of a licence under this Chapter, as if—
any reference in those provisions to a licence under this Chapter included a reference to the authorisation mentioned in that subsection; and
any reference to the holder of such a licence included a reference to the undertaker or other person so mentioned.
In this Chapter “impounding works” means either of the following, that is to say—
any dam, weir or other works in any inland waters by which water may be impounded;
any works for diverting the flow of any inland waters in connection with the construction or alteration of any dam, weir or other works falling within paragraph (a) above.
In relation to impounding works, references to alteration include the removal or partial removal of those works, and cognate expressions shall be construed accordingly.
Each licence to abstract water shall be of one of the following three types—
a licence to abstract water from one source of supply over a period of twenty-eight days or more for any purpose (a “full licence”);
a licence to abstract water from one source of supply over a period of twenty-eight days or more for the purpose of— in either case without intervening use (a “transfer licence”);
transferring water to another source of supply; or
transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface),
a licence to abstract water from one source of supply over a period of less than twenty-eight days (a “temporary licence”).
In this Act, a reference (however expressed) to a licence to abstract water is to be taken as a reference to all types of licence, unless it is clear that a different meaning is intended.
Subject to the following provisions of this section, where it appears to the appropriate agency that a person is— the appropriate agency shall be entitled to serve an enforcement notice on him if the condition in subsection (2) below is satisfied.
in breach of section 24(1) or (2) or section 25(1) above; or
for the purposes of section 24 or 25 above a holder of a licence under this Chapter and has not complied with a condition or requirement imposed by the provisions, as for the time being in force, of that licence,
The condition is that it appears to the appropriate agency that the breach or failure to comply is causing or is likely to cause significant damage to the environment.
An enforcement notice is a notice requiring the person on whom it is served—
to cease his breach of section 24(1) or (2) or section 25(1) above, or to comply with the condition or requirement in question; and
to carry out any works or operations specified in the notice.
The works or operations which may be specified are works or operations which it appears to the appropriate agency are appropriate for the purpose of remedying or mitigating the effects of the breach or failure to comply, and may include—
works or operations for the purpose, so far as it is reasonably practicable to do so, of restoring any affected waters, including any flora and fauna dependent on them, to their state immediately before the breach or failure to comply; and
in the case of a breach of section 25(1) above, the removal of any unauthorised impounding works or the reversal of any unauthorised alteration to impounding works.
An enforcement notice must specify the periods within which the person on whom it is served must do each of the things specified in the notice.
Before serving an enforcement notice on any person, the appropriate agency shall take reasonable steps to consult that person about the works or operations which are to be specified in the notice.
The Secretary of State may by regulations make provision for or in connection with—
the form or content of enforcement notices;
requirements for consultation, before the service of an enforcement notice, with persons other than the person upon whom the notice is to be served;
steps to be taken for the purposes of any consultation required under subsection (6) above or regulations made by virtue of paragraph (b) above;
any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of an enforcement notice.
An enforcement notice is not invalid, or invalidly served, merely because of a failure to comply with subsection (6) above or with regulations made by virtue of subsection (7)(b) above.
The Secretary of State may, if he thinks fit in relation to any person, give directions to the appropriate agency as to whether or how it should exercise its powers under this section.
In proceedings for any offence under section 24 or 25 above against a person upon whom an enforcement notice has been served, the following are not to be taken as evidence that he has committed the offence—
the fact that an enforcement notice has been served on him;
the fact that he does not appeal against it;
the fact that on an appeal against it the notice is confirmed (whether with or without modifications).
Sections 161B and 161C below (including any power to make regulations) shall apply in relation to enforcement notices as they apply in relation to works notices under section 161A below.
If a person on whom the appropriate agency serves an enforcement notice fails to comply with any of its requirements, he shall be guilty of an offence.
A person who commits an offence under subsection (1) above shall be liable on summary conviction, or on conviction on indictment, to a fine.
If a person on whom an enforcement notice has been served fails to comply with any of its requirements, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it.
If the appropriate agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
Subject to subsection (2) below, the restriction on abstraction shall not apply to any transfer, without intervening use, of water from inland waters described in the first column of the Table below to inland waters described in the corresponding entry in the second column, if the transfer is in the course of, or results from, any operations carried out by a navigation authority, harbour authority or conservancy authority in the carrying out of their functions as such an authority. Transfer from Transfer to A water system of the authority's. The same water system. A water system of the authority's. Inland waters not forming part of that water system. A supply reservoir of the authority's. A water system of the authority’s with which that reservoir is connected.
Subsection (1) above shall not apply to a transfer of water from a water system to any inland waters outside that water system in order to—
empty a dry dock; or
introduce into those inland waters all or part of a quantity of water to be abstracted from any connected inland waters in pursuance of a licence to do so granted under this Chapter.
The restriction on impounding works shall not apply to— in the course of the performance by a navigation authority, harbour authority or conservancy authority of their functions as such an authority, unless the construction, alteration, obstruction or impeding affects any inland waters in relation to which the authority does not have functions.
the construction or alteration of impounding works; or
the obstruction or impeding of inland waters by means of impounding works,
In this section, references to—
an authority’s water system are to a water system in relation to which the authority has functions;
an authority’s supply reservoir are to a reservoir—
belonging to a navigation authority;
used for the purposes of supplying that navigation authority’s water system; and
which does not discharge to any inland waters other than that water system.
For the purposes of this section, “water system” means the canals, the harbours, or the canals and harbours constituting the system in question—
together with the locks, docks, balancing reservoirs, weirs and other works associated with the system (other than any supply reservoir as described in subsection (4)(b) above); but
excluding any part of the system which consists of a navigable river or part of one.
The restriction on abstraction shall not apply to any abstraction of a quantity of water not exceeding twenty cubic metres in any period of twenty-four hours, if the abstraction does not form part of a continuous operation, or of a series of operations, by which a quantity of water which, in aggregate, is more than twenty cubic metres is abstracted during the period.
In the case of any abstraction of water from underground strata which falls within subsection (1) above, the restriction imposed by section 24(2) above shall not apply— if the well, borehole or other work is constructed or extended, or the machinery or apparatus is installed or modified, for the purpose of abstracting the water.
to the construction or extension of any well, borehole or other work; or
to the installation or modification of machinery or other apparatus,
Where a person is authorised by a licence under this Chapter to carry on a particular abstraction operation (or series of operations), this section does not permit him to carry it on beyond the authorisation conferred by the licence.
Subject to section 28 below, an abstraction of water falls within this subsection in so far as the water—
is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
is abstracted for use on that holding for either or both of the following purposes, that is to say—
the domestic purposes of the occupier’s household;
agricultural purposes other than spray irrigation.
The restriction on abstraction shall not apply to the abstraction of water from underground strata, in so far as the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household, unless the abstraction is such that the quantity of water abstracted from the strata by or on behalf of that individual by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.
For the purposes of this Chapter a person who is in a position to abstract water in such circumstances that, by virtue of subsection (3) or (5) above, the restriction on abstraction does not apply shall be taken to have a right to abstract water to the extent specified in that subsection.
In the case of any abstraction of water from underground strata which falls within subsection (5) above, the restriction imposed by section 24(2) above shall not apply— if the well, borehole or other work is constructed or extended, or the machinery or apparatus is installed or modified, for the purpose of abstracting the water.
to the construction or extension of any well, borehole or other work; or
to the installation or modification of machinery or other apparatus,
In this section “contiguous land”, in relation to the abstraction of any water from inland waters, means land contiguous to those waters at the place where the abstraction is effected.
The provisions of this section shall have effect where a person (“the occupier") is entitled, by virtue of subsection (6) of section 27 above, to a protected right for the purposes of this Chapter by reason of his being the occupier of such a holding as is mentioned in subsection (4) of that section in relation to an abstraction falling within that subsection (“the holding").
If it appears to the Agency that the occupier is entitled, as against other occupiers of land contiguous to the inland waters in question, to abstract water from those waters for use on part of the holding (“the relevant part"), but is not so entitled to abstract water for use on other parts of the holding—
the Agency may serve on him a notice specifying the relevant part of the holding; and
subject to the following provisions of this section, the notice shall have effect so as to require subsections (3) and (4) of section 27 above to be construed in relation to the holding as if the references in subsection (4) to use on the holding were references to use on the part of the holding specified in the notice.
Where a notice is served under subsection (2) above and the occupier objects to the notice on the grounds— he may, within such period (not being less than twenty-eight days from the date of service of the notice) and in such manner as may be prescribed, appeal to the court against the notice.
that he is entitled, as against other occupiers of land contiguous to the inland waters in question, to abstract water from those waters for use on every part of the holding; or
that he is so entitled to abstract water for use on a larger part of the holding than that specified in the notice,
On any appeal under subsection (3) above, the court shall determine the matter in dispute and, in accordance with its decision, confirm, quash or vary the Agency’s notice and—
where the court quashes a notice served under subsection (2) above, paragraph (b) of that subsection shall not have effect; and
where the court varies such a notice, that paragraph shall have effect, but with the substitution, for the reference to the part of the holding specified in the notice, of a reference to the part specified in the notice as varied by the court.
In this section—
The Secretary of State may by order made by statutory instrument provide that section 27(1) above is to have effect in relation to— (in each case as specified in the order) as if for “twenty cubic metres” there were substituted another quantity specified in the order.
a geographical area; or
a class of inland waters; or
a class of underground strata; or
a class of inland waters or of underground strata within a geographical area,
The Secretary of State shall not make such an order except upon the application of the appropriate agency; but he may direct the appropriate agency to make such an application.
Such an order may—
make different provision in relation to the different paragraphs in subsection (1) above; and
make different provision for different areas, waters or underground strata.
Schedule 6 to this Act shall have effect with respect to applications for orders under subsection (1) above and with respect to the making of such orders.
An order under subsection (1) above which specifies a greater quantity than the one which previously had effect in relation to the area, waters or strata in question may make provision for a licence to abstract water granted under this Chapter— to cease to have effect, or to cease to have effect to the extent specified in the order.
which is for the time being in force; but
which by virtue of the order has become wholly or partly unnecessary,
An order under subsection (1) above may include provision for or in relation to the payment by the appropriate agency of compensation, in cases specified in the order, to a person who—
immediately before the making of an order under subsection (1) above, had been in a position to carry out an abstraction to which, by virtue of section 27(1) above, the restriction on abstraction did not apply;
following the making of that order, requires a licence under this Chapter in order to carry out that abstraction; and
has suffered loss or damage as a result of his having been—
refused such a licence in respect of that abstraction; or
granted such a licence, but in respect of an abstraction of more limited extent than the one he had been in a position to carry out.
Paragraphs (e) and (f) of section 219(2) below apply in relation to orders under subsection (1) above as they apply to regulations made under this Act.
A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The restriction on abstraction shall not apply to any abstraction of water from a source of supply in the course of, or resulting from, any operations for purposes of land drainage.
The restriction on abstraction shall not apply to any abstraction of water from a source of supply in so far as the abstraction (where it does not fall within subsection (1) or (1A) above) is an emergency abstraction and the person abstracting the water complies with subsection (2B) below.
to prevent interference with any mining, quarrying, engineering, building or other operations (whether underground or on the surface); or
to prevent damage to works resulting from any such operations.
The restriction on abstraction shall not apply to any abstraction of water from inland waters within the district of an internal drainage board if—
the abstraction is carried out by or on behalf of that board in connection with its functions;
the water abstracted is transferred to another area of inland waters within the board’s district without intervening use; and
the sole or main purpose of the transfer is to augment that other area of inland waters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
water is abstracted, in the course of any such operations as are mentioned in subsection (2) above, from any excavation into underground strata in a case in which the level of water in the underground strata depends wholly or mainly on water entering it from those strata; and
the abstraction is necessary as mentioned in that subsection,
In the case of any abstraction of water from underground strata which falls within subsection (1) or (2) above, the restriction imposed by section 24(2) above shall not apply— if the well, borehole or other work is constructed or extended, or the machinery or apparatus is installed or modified, for the purpose of abstracting the water.
to the construction or extension of any well, borehole or other work; or
to the installation or modification of machinery or other apparatus,
An abstraction of water is an emergency abstraction if, in the opinion of the abstractor, an emergency has arisen which makes the abstraction necessary to prevent immediate danger of interference with any mining, quarrying, engineering, building or other operations (whether underground or on the surface) or, in relation to such operations, to prevent an immediate risk—
to a human being of death, personal injury or harm to health;
of serious damage to works resulting from any such operations; or
of serious damage to the environment.
In this section, “land drainage”—
includes the protection of land against erosion or encroachment by water, whether from inland waters or from the sea; but
does not include warping, irrigation (including spray irrigation), or transferring water from one source of supply to another (whether with or without intervening use) solely or mainly in order to augment the latter.
In the case of any emergency abstraction, the person abstracting the water shall before the end of the period of five days beginning with the date on which the abstraction started give notice to the appropriate agency of—
the abstraction and of the source of supply in question; and
the reasons for the abstractor’s opinion that an emergency had arisen and that the abstraction was necessary.
The appropriate agency may give notice to the person referred to in subsection (2B) above that in the appropriate agency's opinion an emergency had not arisen, or that the abstraction is not, or is no longer, necessary for any of the reasons set out in subsection (2A) above; and, if the appropriate agency does so, the restriction on abstraction shall apply to the abstraction from the time when the notice is served (and, if applicable, the restriction imposed by section 24(2) above shall apply accordingly).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where any person— he shall, before he begins to construct or extend the work, give to the Authority a notice of his intention in the prescribed form.
proposes to construct a well, borehole or other work which is to be used solely for the purpose of abstracting, to the extent necessary to prevent interference with the carrying out or operation of any underground works, water contained in underground strata; or
proposes to extend any such well, borehole or other work,
Where a notice under subsection (1) above is given to the Authority by any person, the Authority may (subject to section 31 below) by notice to that person require him, in connection with the construction, extension or use of the work to which that person’s notice relates, to take such reasonable measures for conserving water as are specified in the notice.
The measures that may be specified in a notice under subsection (2) above shall be measures which, in the opinion of the Authority, will not interfere with the protection of the underground works in question.
Any person who contravenes subsection (1) above or fails to comply with a notice under subsection (2) above shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The person on whom a notice under section 30(2) above (“a conservation notice”) is served may, by notice to the Secretary of State, appeal to him against the conservation notice on either or both of the following grounds, that is to say—
that the measures required by the conservation notice are not reasonable;
that those measures would interfere with the protection of the underground works in question.
Any notice of appeal against a conservation notice shall be served within such period (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed.
Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit- and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the appellant or the Authority to be heard with respect to the appeal.
cause a local inquiry to be held; or
afford to the appellant and the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.
The decision of the Secretary of State on any appeal against a conservation notice shall be final.
The Secretary of State may by regulations make provision as to the manner in which appeals against conservation notices are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.
The restriction on abstraction shall not apply to any abstraction by machinery or apparatus installed on a vessel, where the water is abstracted for use on that, or any other, vessel.
The restriction on abstraction and the other restrictions imposed by section 24 above shall not apply to the doing of anything—
for extinguishing fires or protecting life and property in the event of fire; or
for the purpose of testing apparatus used for either of those purposes or of training or practice in the use of such apparatus.
The restriction on abstraction and the other restrictions imposed by section 24 above shall not apply— if the abstraction, construction, extension, installation or modification is for any of the purposes specified in subsection (4) below and takes place with the consent of the appropriate agency and in compliance with any conditions imposed by the appropriate agency.
to any abstraction of water;
to the construction or extension of any well, borehole or other work; or
to the installation or modification of machinery or other apparatus,
The purposes mentioned in subsection (3) above are—
the purpose of ascertaining the presence of water in any underground strata or the quality or quantity of any such water; and
the purpose of ascertaining the effect of abstracting water from the well, borehole or other work in question on the abstraction of water from, or the level of water in, any other well, borehole or other work or any inland waters.
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Any of the relevant authorities, after consultation with the other relevant authorities (if any), may apply to the Secretary of State for an order excepting any one or more sources of supply from the restriction on abstraction, on the grounds that that restriction is not needed in relation to that source of supply or, as the case may be, those sources of supply.
An application under this section may be made in respect of— and an order may be made under this section accordingly.
any one or more areas of inland waters specified in the application or any class of inland waters so specified; or
any underground strata described in the application, whether by reference to their formation or their location in relation to the surface of the land or in relation to other strata subjacent to that surface or partly in one way and partly in another;
For the purposes of this section—
the Authority is a relevant authority in relation to every source of supply; and
a navigation authority, harbour authority or conservancy authority having functions in relation to any inland waters is a relevant authority in relation to those inland waters.
If, in the case of any source of supply— the Secretary of State may direct the Authority to make an application under this section in respect to that source of supply.
it appears to the Secretary of State, after consultation with the Authority, that the question whether the restriction on abstraction is needed in relation to that source of supply ought to be determined; but
no application for an order under this section has been made,
Schedule 6 to this Act shall have effect with respect to applications for orders under this section and with respect to the making of such orders; and the power to make any such order shall be exercisable by statutory instrument.
On the coming into force of an order under this section—
the restriction on abstraction and, in the case of any underground strata, the restriction imposed by subsection (2) of section 24 above shall cease to apply to any source of supply to which the order relates; and
any licence granted under this Chapter which is for the time being in force shall cease to have effect in so far as it authorises abstraction from any such source of supply.
The Secretary of State may make regulations providing for further cases in which— shall not apply; and in this section such a case is referred to as an “exemption”.
the restriction on abstraction (and, in the case of abstractions from underground strata, the other restrictions imposed by section 24 above); or
the restriction on impounding works,
The regulations may, in particular, make provision, in relation to an exemption—
for the exemption to apply only for a prescribed period;
for the exemption not to apply unless prescribed conditions are satisfied, or continue to be satisfied;
for the appropriate agency to be notified, or its consent obtained— in reliance on the exemption.
before any particular abstraction operation or series of such operations begins; or
in connection with such an operation or series of operations relating to the abstraction of water in underground strata, before any other thing which is mentioned in section 24(2) above is done; or
before any impounding works are constructed or altered,
The regulations may provide for an exemption to apply generally or to relate to—
a prescribed geographical area;
a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24 above); or
prescribed inland waters (in the case of an exemption from the restriction on impounding works).
Subject to subsection (5) below, if regulations under this section provide for an exemption falling within subsection (1)(a) above, the regulations shall—
if appropriate, make provision for the exemption not to permit a person who is authorised by a licence under this Chapter to carry on an abstraction operation (or series of operations) to carry it on beyond the authorisation conferred by the licence; and
make provision as to whether or not, in relation to any abstraction, the exemption provided for by the regulations is to be counted cumulatively with any other exemption which a person has by virtue of this section or section 27 above.
The regulations may make provision for a licence granted under this Chapter and which is for the time being in force to cease to have effect, or to cease to have effect to the extent specified in the regulations, if it authorises an activity which falls to any extent within the exemption provided for by the regulations.
Any application for a licence under this Chapter shall be made in such manner as may be prescribed, and shall include such particulars, be accompanied by such reports, and be verified by such evidence, as may be prescribed.
The Secretary of State may by regulations make provision as to the manner in which applications for the grant of licences under this Chapter are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such applications or decisions on such applications , and provision for making such applications available for public inspection.
Without prejudice to the generality of subsection (2) above, provision shall be made by regulations under this section for securing that, in such circumstances as may be prescribed (being circumstances in which it appears to the Secretary of State that applications for licences under this Chapter would be of special concern to National Park . . . authorities)—
notice of any such application will be given to such one or more National Park . . . authorities as may be determined in accordance with the regulations; and
the matters to which the appropriate agency or, as the case may be, the Secretary of State is to have regard in dealing with the application will include any representations made by any such National Park . . . authority within such period and in such manner as may be prescribed.
The preceding provisions of this section shall have effect subject to any express provision contained in, or having effect by virtue of, any other enactment contained in this Chapter; and any regulations made under this section shall have effect subject to any such express provision.
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No application for a licence under this Chapter to abstract water shall be entertained unless it is made by a person entitled to make the application in accordance with the following provisions of this section.
In relation to abstractions from any inland waters, a person shall be entitled to make the application if, as respects the place (or, if more than one, as respects each of the places) at which the proposed abstractions are to be effected, he satisfies the appropriate agency that—
he has, or at the time when the proposed licence is to take effect will have, a right of access to land contiguous to the inland waters at that place (or those places); and
he will continue to have such a right for the period of at least one year beginning with the date on which the proposed licence is to take effect, or until it is to expire (if sooner).
In relation to abstractions from underground strata, a person shall be entitled to make the application if he satisfies the appropriate agency that—
he has, or at the time when the proposed licence is to take effect will have, a right of access to land consisting of or comprising those underground strata; and
he will continue to have such a right for the period of at least one year beginning with the date on which the proposed licence is to take effect, or until it is to expire (if sooner).
the case is one in which water contained in an excavation into underground strata is to be treated as water contained in those strata by virtue of the level of water in the excavation depending wholly or mainly on water entering it from those strata; and
that person satisfies the Authority that he has, or at the time when the proposed licence is to take effect will have, a right of access to land consisting of, or comprising, those underground strata.
Any reference in this section to a person who will have a right of access to land of any description—
includes a reference to a person who satisfies the appropriate agency that he has entered into negotiations for the acquisition of an interest in land of that description such that, if the interest is acquired by him, he will be entitled to a right of access to that land; and
without prejudice to the application of paragraph (a) above to a person who is or can be authorised to acquire land compulsorily, also includes any person who satisfies the appropriate agency that by virtue of any enactment, the compulsory acquisition by that person of land of that description either has been authorised or can be authorised and has been initiated.
The appropriate agency may, in particular, take evidence of a person’s occupation of land to be evidence of his right of access to it.
In subsection (4) above the reference to initiating the compulsory acquisition of land by a person is a reference to—
the submission to the relevant Minister of a draft of an order which, if made by that Minister in the form of the draft, will authorise that person to acquire that land compulsorily, with or without other land; or
the submission to the relevant Minister of an order which, if confirmed by that Minister as submitted will authorise that person to acquire that land compulsorily, with or without other land.
In subsection (5) above “the relevant Minister”, in relation to the compulsory acquisition of land by any person, means the Minister who, in accordance with the enactment mentioned in subsection (4)(b) above, is empowered to authorise that person to acquire land compulsorily.
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an application may be made to the Authority for a combined licence under this Chapter to obstruct or impede the flow of those inland waters by means of impounding works at that point and to abstract the water; and
the Authority shall have power (subject to the provisions of this Chapter as to procedure and as to the matters to be taken into account in dealing with applications for licences) to grant such a licence accordingly.
The appropriate agency shall publish a notice of an application for— in the prescribed way or (if no way is prescribed) in a way calculated to bring the application to the attention of persons who in the appropriate agency's view are likely to be affected by the licence.
a full licence or a transfer licence; or
a licence under this Chapter to obstruct or impede the flow of any inland waters by means of impounding works,
Not later than the date on which that notice is first published, the appropriate agency shall also serve a copy of it on the persons referred to in subsection (3) below (except the applicant, if the applicant is one of those persons).
the notice mentioned in paragraph (a) of that subsection has been published— and
in the London Gazette; and
at least once in each of two successive weeks, in one or more newspapers (other than the London Gazette) circulating in the relevant locality;
a copy of that notice has been served, not later than the date on which it was first published as mentioned in paragraph (a)(ii) above—
on any navigation authority, harbour authority or conservancy authority having functions in relation to any inland waters at a proposed point of abstraction or impounding;
on the drainage board for any internal drainage district within which any such proposed point is situated; and
on any water undertaker within whose area any such proposed point is situated.
Those persons are— but paragraphs (b) and (c) above do not apply if the licence applied for is exclusively for the abstraction of water from a source of supply that does not form part of any inland waters.
any water undertaker within whose area any proposed point of abstraction or impounding is situated;
any navigation authority, harbour authority or conservancy authority having functions in relation to any inland waters at any such proposed point; and
the drainage board for any internal drainage district within which any such proposed point is situated,
A notice for the purposes of the preceding provisions of this section shall—
be in the prescribed form and shall include any prescribed matters; and
state that any person may make representations in writing to the appropriate agency with respect to the application at any time before the end of a period specified in the notice.
The period referred to in subsection (4)(b) above—
begins on the date the notice referred to in subsection (1) above is first published as mentioned there; and
shall not end before the end of the period of twenty-eight days beginning with that date.
The Secretary of State may make regulations providing for—
the requirements of subsection (2) above, or of both subsections (1) and (2) above, not to apply in prescribed cases;
notices of applications to exclude prescribed classes of information, either generally or as respects prescribed classes of application.
In this section, “proposed point of abstraction or impounding”, in relation to an application for a licence referred to in subsection (1) above, means a place where a licence, if granted in accordance with the application, would authorise— (as the case may be).
“commercial woodlands” means woodlands managed on a commercial basis with a view to the realisation of profits;
water to be abstracted; or
“engineering or building operations”, without prejudice to the generality of that expression, includes—
the flow of inland waters to be obstructed or impeded by means of impounding works,
This section is subject to section 37A below.
The appropriate agency may decide that—
an application for a full licence, a transfer licence or a temporary licence ought to be for one of the other types of licence;
a number of applications for licences (of any type or types) to abstract water from a particular source of supply ought to be treated as an application for a single such licence (of any type);
an application for a single licence (of any type) to abstract water from a particular source of supply ought to be treated as a number of applications for such licences (of any type or types); or
any such application as is referred to above ought to be accompanied by an application for revocation of an existing licence to abstract water.
The appropriate agency may arrive at the decision referred to in paragraph (a), (b), (c) or (d) of subsection (1) above on the basis of its assessment of any one or more of the following—
the likely effect of the abstraction (or abstractions) for which the applicant has applied for a licence (or licences);
the likely effect of that abstraction (or those abstractions) taken together with abstractions under any other licence held by the applicant, or abstractions which would be authorised under any other licence for which the applicant has applied;
any other prescribed matter.
If the appropriate agency does so decide, it shall serve a notice of its decision on the applicant; and, subject to subsections (4) to (8) below, shall deal with the application (or applications) accordingly (which, if the appropriate agency made the decision referred to in paragraph (d) of subsection (1) above in relation to any application (or applications), means not publishing any notice under section 37 below, or taking any further step in connection with the application (or applications), until the application for revocation has been received).
The applicant may by notice appeal to the Secretary of State against the decision, and shall serve a copy of any such notice on the appropriate agency.
That notice, and the copy of it, shall be served in such manner and within such period as may be prescribed.
If the appropriate agency serves a notice under subsection (3) above, it shall not publish any notice under section 37 below, or take any further step in connection with the application (or applications), before—
the end of the period within which notice of an appeal may be served on the Secretary of State; or
if notice of an appeal is so served, the appeal has been determined.
The Secretary of State—
may allow or dismiss the appeal, or vary any part of the decision of the appropriate agency, whether the appeal relates to that part of the decision or not; and
shall direct the appropriate agency to deal with the application, or applications, accordingly (which, if the appropriate agency's decision was made under paragraph (d) of subsection (1) above in relation to any such application, and that decision is upheld, may mean not publishing any notice under section 37 below, or taking any further step in connection with the application, until the application for revocation has been received).
Subsections (2) and (7) of section 44 below apply in relation to an appeal under this section as they apply in relation to an appeal under section 43 below.
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
The Secretary of State may by regulations make provision for— to direct or determine that the requirements of subsections (1) and (2) of section 37 above may in any case (except where the appropriate agency is the applicant) be dispensed with, if in that case it appears to the appropriate agency (or, as the case may be, the Secretary of State) to be appropriate to do so.
enabling the appropriate agency; or
him, in the case of applications referred to him in accordance with section 41 below,
The appropriate agency shall not determine any application for a licence under this Chapter before the end of the period specified in the notice referred to in section 37(4)(b) above.
Subject to the following provisions of this Chapter, on any application to the appropriate agency for a licence under this Chapter, the appropriate agency—
may grant a licence containing such provisions as the appropriate agency considers appropriate; or
if, having regard to the provisions of this Chapter, the appropriate agency considers it necessary or expedient to do so, may refuse to grant a licence.
An application shall be determined in two stages in accordance with subsections (1B) and (1C) below if it is an application for a full licence or a transfer licence which, if granted—
would take effect immediately after the expiry of an existing licence of the same type (the “existing licence”) and be held by the same person as the holder of that licence; but
would in any other respect be different from the existing licence in a way which, if the existing licence were to continue without expiring, would require an application to be made under section 51(2) below for a variation of the licence.
Without prejudice to section 39(1) below, the appropriate agency, in dealing with any application for a licence under this Chapter, shall have regard to all the relevant circumstances, including any duty imposed by or under any enactment on bodies having functions in relation to inland waters (for example, navigation authorities and internal drainage boards), and shall have regard in particular to— and may have regard to any failure on the part of the applicant to make an application under section 40 of the Water Industry Act 1991 pursuant to a proposal made by the appropriate agency under section 20C above.
any representations in writing relating to the application which are received by the appropriate agency before the end of the period mentioned in subsection (1) above; and
the requirements of the applicant, in so far as they appear to the appropriate agency to be reasonable requirements.
So far as the application relates to any such difference as is mentioned in subsection (1A)(b) above, it shall first be treated for determination purposes as if it were an application for a variation under section 51(2) below (but as if the existing licence were to continue without expiring).
If the result of that would have been the grant of the application for variation of the licence, the application referred to in subsection (1) above shall be treated as one for a licence with that variation, and its determination concluded accordingly; and otherwise its determination shall be concluded as if it were an application for a licence with no such variation.
Subsection (1) above, and paragraph (a) of subsection (3) above, do not apply if in relation to the application in question the requirements of section 37(1) above do not apply by virtue of section 37(6)(a) above or have been dispensed with by virtue of section 37A above.
Subject to subsection (1A) below, the appropriate agency shall not, except with the consent of the person entitled to the rights, grant a licence so authorising— as to derogate from any rights which, at the time when the application is determined by the appropriate agency, are protected rights for the purposes of this Chapter.
the abstraction of water; or
the flow of any inland waters to be obstructed or impeded by means of impounding works,
In a case where an application for a licence under this Chapter relates to abstraction from underground strata, the appropriate agency, in dealing with the application, shall have regard to the requirements of existing lawful uses of water abstracted from those strata, whether for agriculture, industry, water supply or other purposes.
Subsection (1) above does not apply when—
the application to be determined is one which does not fall within subsection (1A) of section 38 above only because paragraph (b) of that subsection is not satisfied; or
the determination of an application is being concluded in accordance with subsection (1C) of that section.
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Any reference in this Chapter, in relation to the abstraction of water or obstructing or impeding the flow of any inland waters by means of impounding works, to derogating from a right which is a protected right for the purposes of this Chapter is a reference to, as the case may be— in such a way, or to such an extent, as to prevent the person entitled to that right from abstracting water to the extent mentioned in (as the case may be) section 39A(2) or (7), 48(1) or 59C(10) below or section 102(3) of the Water Act 2003, or in a provision made in an order by virtue of section 10(5)(b) of that Act, in each case subject to any limitations mentioned there.
abstracting water; or
so obstructing or impeding the flow of any such waters,
For the purposes of subsection (2) above the appropriate agency shall be entitled (but shall not be bound) to treat as lawful any existing use of water from underground strata unless—
by a decision given in any legal proceedings, it has been held to be unlawful; and
that decision has not been quashed or reversed.
Without prejudice to sections 38(3) and 39(1) above, subsection (2) or, as the case may be, subsection (3) below shall apply where any application for a licence under this Chapter relates to abstraction from any inland waters or to obstructing or impeding the flow of any inland waters by means of impounding works.
If, in the case of such an application as is mentioned in subsection (1) above, the application is made at a time when no minimum acceptable flow for the inland waters in question has been determined under Chapter I of this Part, the appropriate agency, in dealing with the application, shall have regard to the considerations by reference to which, in accordance with section 21(4) and (5) above, a minimum acceptable flow for those waters would fall to be determined.
If, in the case of such an application as is mentioned in subsection (1) above, the application is made at a time after a minimum acceptable flow for the waters in question has been determined under Chapter I of this Part, the appropriate agency, in dealing with the application, shall have regard to the need to secure or, as the case may be, secure in relation to the different times or periods for which the flow is determined—
that the flow at any control point will not be reduced below the minimum acceptable flow at that point; or
if it is already less than that minimum acceptable flow, that the flow at any control point will not be further reduced below the minimum acceptable flow at that point.
Without prejudice to sections 38(3) and 39(1) above, where— subsection (2) or, as the case may be, subsection (3) above shall apply as if the application related to abstraction from those waters.
an application for a licence under this Chapter relates to abstraction from underground strata; and
it appears to the appropriate agency that the proposed abstraction is likely to affect the flow, level or volume of any inland waters which are not discrete waters,
For the purposes of this Chapter, a right is a protected right if—
it is such a right as a person who is the holder of a full licence is taken to have by virtue of section 48(1) below;
it is such a right as a person is taken to have by virtue of subsection (2) below;
it is such a right as a person continues to be taken to have by virtue of subsection (7) below;
it is such a right as a person is taken to have by virtue of subsection (10) of section 59C below;
it is such a right as a person continues to be taken to have by virtue of a provision made under subsection (5)(b) of section 10 of the Water Act 2003 in an order made under that section; or
it is such a right as a person continues to be taken to have by virtue of section 102(3) of that Act.
A person who is in a position to carry out an abstraction of a quantity of water which— shall be taken, for the purposes of this Chapter, to have a right to do so in respect of the maximum quantity mentioned in subsection (3) below.
by virtue of section 27(1) above is not subject to the restriction on abstraction; and
also falls within subsection (4) or (5) below,
The maximum quantity is the lower of the following—
twenty cubic metres;
if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them).
An abstraction falls within this subsection if it is an abstraction from inland waters carried out by or on behalf of an occupier of land contiguous to those waters at the place where the abstraction is effected (“contiguous land”), and—
the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
it is abstracted for use on that holding for either or both of the following purposes—
the domestic purposes of the occupier’s household;
agricultural purposes other than spray irrigation.
An abstraction falls within this subsection if it is an abstraction from underground strata and the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household.
Subsection (2) above shall not apply to a person in respect of an abstraction which that person is, or was at any time, taken to have a right to carry out by virtue of any provision mentioned in paragraph (a), (c), (d), (e) or (f) of subsection (1) above.
Subject to subsection (8) below, a person who was the holder of a full licence which has ceased to have effect (or has ceased in part to have effect) by virtue of— and who was taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) below shall continue to be taken to have that right for the purposes of this Chapter.
any provision made by virtue of section 27A(5) above in an order made under section 27A(1) above; or
any provision made by virtue of section 33A(5) above in regulations made under section 33A above,
For the purposes of this Chapter, the person who was the holder of the licence in question (“the old licence”) shall cease to continue to be taken to have a right, by virtue of subsection (7) above, to abstract water if—
during a period mentioned in subsection (9) below he does not carry out any such abstraction as would have been authorised by the old licence if it had still been in force; or
following a further order under section 27A(1) above or further regulations under section 33A above, he is granted another full licence in respect of abstraction from the same point as that authorised by the old licence.
The period referred to in subsection (8)(a) above is—
four years; or
if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the appropriate agency may determine on the application of the holder of the old licence.
In subsections (8) and (9) above, references to the old licence, in the case of a licence which ceased to have effect only to the extent specified in the order or regulations referred to in subsection (7) above, are to the part of the licence which ceased to have effect.
Any reference in this Chapter to the person entitled to a protected right shall be construed in accordance with this section.
This section is subject to any provision made by virtue of subsection (3) of section 39B below, and to subsections (4) and (5) of that section.
The Secretary of State may by regulations make provision for and in connection with the establishment, and for the keeping and maintenance by the appropriate agency, of one or more registers of protected rights which arise otherwise than by virtue of a licence under this Chapter to abstract water.
The regulations may, in particular, provide for—
a register to relate to a prescribed geographical area, or for different sections of a register to relate to different geographical areas (whether prescribed or not);
the inclusion of protected rights which arise other than by virtue of any provision of this Act;
the form and contents of the register, and its inspection by members of the public;
the procedure for applying for a protected right to be included in the register, including any information which is to accompany the application;
cases in which it is the duty of the appropriate agency to include a protected right in the register without an application for inclusion having been made.
The Secretary of State may by order designate any geographical area in respect of which a register, or a section of a register, relates as an area of compulsory registration.
If he does so, a protected right in that area which is not registered shall not have effect as a protected right for any purpose of this Act (other than that of registering it) for so long as it is not registered.
Subsection (4) above does not apply in relation to any protected right until after the expiry of the period of two years beginning with the date on which the order under subsection (3) above was made, or such longer period as may be specified in the order.
An order under subsection (3) above may be made only on the application of the appropriate agency; but the Secretary of State may direct the appropriate agency to make such an application.
Schedule 6 to this Act shall have effect with respect to applications for orders under subsection (3) above and with respect to the making of such orders.
The power to make orders under this section shall be exercisable by statutory instrument; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Paragraphs (d) to (f) of section 219(2) below apply in relation to orders under this section as they apply to regulations made under this Act.
The Secretary of State may give directions to the appropriate agency requiring applications for licences under this Chapter to be referred to him, instead of being dealt with by the appropriate agency.
A direction under this section—
may relate either to a particular application or to applications of a class specified in the direction; and
may except from the operation of the direction such classes of applications as may be specified in the direction in such circumstances as may be so specified.
An application may not be referred to the Secretary of State under this section—
if in relation to the application the appropriate agency is still considering whether to make any such decision as is referred to in subsection (1) of section 36A above, or if it has made such a decision but has not yet served the notice referred to in subsection (3) of that section; or
where the appropriate agency has served a notice on the applicant under subsection (3) of that section, until the period for appealing under that section has expired or (if the applicant appeals) the appeal has been determined.
Subject to the following provisions of this section and to section 46 below, the Secretary of State, on considering a called-in application—
may determine that a licence shall be granted containing such provisions as he considers appropriate; or
if, having regard to the provisions of this Act, he considers it necessary or expedient to do so, may determine that no licence shall be granted.
Before determining a called-in application, the Secretary of State may, if he thinks fit- and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the applicant or the appropriate agency to be heard with respect to the application.
cause a local inquiry to be held; or
afford to the applicant and the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
The provisions of sections 37, 38(1) and (3), 39(2) and 40 above shall apply in relation to any called-in application as if—
any reference in those provisions to the appropriate agency, except the references in sections 37 and 38(3)(a), were a reference to the Secretary of State; and
any reference to section 39(1) above were a reference to subsection (4) below.
Subject to subsection (4A) below, in determining any called-in application and, in particular, in determining what (if any) direction to give under subsection (5) below, the Secretary of State shall consider whether any such direction would require the grant of a licence which would so authorise— as to derogate from rights which, at the time when the direction in question is given, are protected rights for the purposes of this Chapter.
the abstraction of water; or
the flow of any inland waters to be obstructed or impeded by means of impounding works,
Where the decision of the Secretary of State on a called-in application is that a licence is to be granted, the decision shall include a direction to the appropriate agency to grant a licence containing such provisions as may be specified in the direction.
Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.
The decision of the Secretary of State on any called-in application shall be final.
In this section “called-in application” means an application referred to the Secretary of State in accordance with directions under section 41 above.
Where an application has been made to the appropriate agency for a licence under this Chapter, the applicant may by notice appeal to the Secretary of State if—
the applicant is dissatisfied with the decision of the appropriate agency on the application; or
the appropriate agency fails within the period specified in subsection (2) below to give to the applicant either—
notice of the appropriate agency's decision on the application; or
notice that the application has been referred to the Secretary of State in accordance with any direction under section 41 above.
The period mentioned in subsection (1)(b) above is—
except in a case falling within paragraph (b) below, such period as may be prescribed; and
where an extended period is at any time agreed in writing between the applicant and the appropriate agency, the extended period.
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).
A notice of appeal under this section shall be served—
in such manner as may be prescribed; and
within such period as may be prescribed, being a period of not less than twenty-eight days from, as the case may be—
the date on which the decision to which it relates was notified to the applicant; or
the end of the period which, by virtue of subsection (2) above, is applicable for the purposes of subsection (1)(b) above.
Where a notice is served under this section in respect of any application, the applicant shall, within the period prescribed for the purposes of subsection (3)(b) above, serve a copy of the notice on the appropriate agency.
Where any representations in writing with respect to an application were made within the period specified in any such notice as is referred to in section 37(4)(b) above, the Secretary of State shall, before determining an appeal under this section in respect of the application, require the appropriate agency to serve a copy of the notice of appeal on each of the persons who made those representations.
Subject to the following provisions of this Chapter, where an appeal is brought under section 43 above, the Secretary of State— and for the purposes of this section an appeal by virtue of section 43(1)(b) above shall be taken to be an appeal against a refusal of the application.
may allow or dismiss the appeal or reverse or vary any part of the decision of the appropriate agency, whether the appeal relates to that part of the decision or not; and
may deal with the application as if it had been made to him in the first instance;
Before determining an appeal under section 43 above, the Secretary of State may, if he thinks fit— and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the applicant or the appropriate agency to be heard with respect to the appeal.
cause a local inquiry to be held; or
afford to the applicant and the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
The Secretary of State, in determining an appeal under section 43 above, shall take into account—
any further representations in writing received by him, within the prescribed period, from the persons mentioned in section 43(5) above; and
the requirements of the applicant, in so far as they appear to the Secretary of State to be reasonable requirements.
Subject to subsection (4A) below, in determining any appeal under section 43 above and, in particular, in determining what (if any) direction to give under subsection (6) below, the Secretary of State shall consider whether any such direction would require such a grant or variation of a licence as would so authorise— as to derogate from rights which, at the time when the direction in question is given, are protected rights for the purposes of this Chapter.
the abstraction of water; or
the flow of any inland waters to be obstructed or impeded by means of impounding works,
The provisions of sections 39(2) and 40 above shall apply in relation to any appeal under section 43 above as if—
any reference in those provisions to the appropriate agency, were a reference to the Secretary of State; and
the references to sections 38(3) and 39(1) above were references to subsections (3) and (4) above.
Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.
Where the decision on an appeal under section 43 above is that a licence is to be granted or to be varied or revoked, the decision shall include a direction to the appropriate agency, as the case may be—
to grant a licence containing such provisions as may be specified in the direction;
to vary the licence so as to contain such provisions as may be so specified; or
to revoke the licence.
The decision of the Secretary of State on any appeal under section 43 above shall be final.
The Secretary of State may by regulations make provision as to the manner in which appeals against decisions of the appropriate agency under section 36A above or on applications for the grant, revocation or variation of licences under this Chapter are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.
Without prejudice to the generality of subsection (1) above, provision shall be made by regulations under this section for securing that, in prescribed circumstances (being circumstances in which it appears to the Secretary of State that applications for licences under this Chapter would be of special concern to National Park . . . authorities)—
notice of any appeal against the decision on such an application, will be served on any National Park . . . authority who made representations falling within paragraph (b) of section 34(3) above; and
the Secretary of State, in determining the appeal, will take account of any further representations made by such an authority within such period and in such manner as may be prescribed.
Subsections (4) . . . of section 34 above shall apply for the purposes of this section as they apply for the purposes of that section.
Subsection (2) above does not apply in relation to appeals against decisions of the appropriate agency under section 36A above.
The Secretary of State may by regulations make provision as to the form of licences under this Chapter or of any class of such licences; but any regulations under this subsection shall have effect subject to the following provisions of this section and to any other express provision contained in, or having effect by virtue of, any other enactment contained in this Chapter.
Every full licence under this Chapter shall, and any other licence under this Chapter to abstract water may, make—
provision as to the quantity of water authorised to be abstracted in pursuance of the licence from the source of supply to which the licence relates during a period or periods specified in the licence, including provision as to the way in which that quantity is to be measured or assessed for the purposes of this Chapter; and
provision for determining, by measurement or assessment, what quantity of water is to be taken to have been abstracted during any such period by the holder of the licence from the source of supply to which the licence relates.
Every licence under this Chapter to abstract water shall indicate the means by which water is authorised to be abstracted in pursuance of the licence, by reference either to specified works, machinery or apparatus or to works, machinery or apparatus fulfilling specified requirements.
For the purposes of section 61(4A) below— specify a minimum value for the quantity referred to in subsection (2)(a) above.
every full licence under this Chapter which is for a term exceeding twelve years shall; and
any transfer licence under this Chapter which is for a term exceeding twelve years may,
Every licence under this Chapter to abstract water shall also specify the purposes for which water abstracted in pursuance of the licence is to be used.
Every licence under this Chapter to abstract water shall state—
the date on which it takes effect; and
the date on which it expires.
Different provision may be made by the same licence with respect to any one or more of the following matters, that is to say— and any such provision as is mentioned in subsection (2) above may be made separately in relation to each of the matters for which (in accordance with this subsection) different provision is made in the licence.
the abstraction of water during different periods;
the abstraction of water from the same source of supply but at different points or by different means;
the abstraction of water for use for different purposes;
Nothing in subsection (6) above shall be construed as preventing two or more licences from being granted to the same person to be held concurrently in respect of the same source of supply, if the licences authorise the abstraction of water at different points , by different means or for different purposes .
Every licence under this Chapter to obstruct or impede any inland waters shall remain in force until revoked.
Every licence under this Chapter ... shall specify the person to whom the licence is granted.
The person to whom a licence under this Chapter is granted to abstract water or to obstruct or impede any inland waters is the holder of the licence for the purposes of this Act, subject to sections 59A to 59C and 67 below.
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If the condition in subsection (2) below is met, a full licence or a transfer licence whose term exceeded twelve months but whose expiry date (“the expiry date”) has passed shall be treated for all the purposes of this Act as not expiring until the date mentioned in subsection (4) below.
The condition is that the appropriate agency receives, not later than the beginning of the period of three months ending on the expiry date (or such later date before the expiry date as the appropriate agency agrees), a valid application for a new licence—
for abstraction from the same point as the abstraction licensed by the expiring licence;
whose holder would be the same as the holder of the expiring licence; and
which would take effect immediately after the expiry date.
For the purposes of subsection (2) above, a “valid” application is one which complies with all the requirements of this Act in relation to the making of applications for licences of the type in question.
The date referred to in subsection (1) above is whichever is the later of—
if a new licence is granted (whether or not on the terms applied for), the date on which it takes effect;
otherwise—
except where the Secretary of State calls in an application under section 41 above, the expiry of the period for appealing under section 43 above, or if an appeal is brought, the date of its withdrawal; or
where the Secretary of State decides (under section 42 or 44 above) that no licence is to be granted, the date on which that decision is notified to the applicant.
For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.
In any action brought against a person in respect of the abstraction of water from a source of supply (other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply), it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—
that the water was abstracted in pursuance of a licence under this Chapter; and
that the provisions of the licence were complied with.
In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—
that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;
that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and
that the other requirements of the licence (if any) were complied with.
Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.
The appropriate national authority may by regulations make provision for the purpose of securing that water industry licences under this Chapter have effect subject to—
conditions specified in the regulations, or
rules of general application specified in or made under the regulations.
A condition or rule to which a licence is subject by virtue of regulations under this section is to be treated for the purposes of this Chapter as a provision of the licence.
For the purposes of this section, a licence under this Chapter is a “water industry licence” if— and regulations under this section may apply to water industry licences granted before the coming into force of this section.
it is held by a water undertaker or sewerage undertaker, or
it is held by a water supply licensee or sewerage licensee, within the meaning of the Water Industry Act 1991, for the purposes of the activities to which its water supply licence or sewerage licence relates;
In this section, “the appropriate national authority” means—
the Secretary of State, in relation to England;
the Welsh Ministers, in relation to Wales.
Section 219 (general provision about regulations) applies to the power of the Welsh Ministers under this section as it applies to that of the Secretary of State, with the necessary modifications (including the substitution of “Senedd Cymru” for “either House of Parliament” in subsection (1)).
Subject to subsection (7) below and to section 79 (including that section as applied by section 79A(9)) below, a person who abstracts water from any inland waters or underground strata (an “abstractor”) shall not by that abstraction cause loss or damage to another person.
A person who suffers such loss or damage (a “relevant person”) may bring a claim against the abstractor.
Such a claim shall be treated as one in tort for breach of statutory duty.
In proceedings in respect of a claim under this section, the court may not grant an injunction against the abstractor if that would risk interrupting the supply of water to the public, or would put public health or safety at risk.
Except as provided in this section, no claim may be made in civil proceedings by a person (whether or not a relevant person) against an abstractor in respect of loss or damage caused by his abstraction of water.
Nothing in this section prevents or affects a claim for negligence or breach of contract.
This section does not apply, and no claim may be brought under this section, where the loss or damage is caused by an abstractor acting in pursuance of a licence under this Chapter and is loss or damage— but without prejudice to the application of section 48 above.
in respect of which a person is entitled to bring a claim under section 60 below (or would be so entitled if there were a breach of the duty referred to in that section);
in respect of which a person would have been entitled to bring a claim under section 60 below but for an express provision (including, for example, section 39(1A) above and section 59C(6) below) disapplying that duty; or
constituting grounds on which a person is entitled to apply to the Secretary of State under section 55 below (or would be so entitled but for subsection (2) of that section) for the revocation or variation of that licence,
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This section applies to a case where the holder of a licence under this Chapter to abstract water (“the prior holder”) is the occupier of the whole of the land specified in the licence as the land on which water abstracted in pursuance of the licence is to be used (“the relevant land”).
If— the prior holder shall cease (if he would not otherwise do so) to be the holder of the licence and the successor shall become the holder of the licence.
the prior holder dies or, by reason of any other act or event, ceases to be the occupier of the whole of the relevant land and does not continue to be the occupier of any part of that land; and
either immediately after the death of the prior holder or the occurrence of that other act or event or subsequently, another person (“the successor”) becomes the occupier of the whole of the relevant land,
Where the successor becomes the holder of a licence under subsection (2) above, he shall cease to be the holder of the licence at the end of the period of fifteen months beginning with the date on which he became the occupier of the relevant land unless before the end of that period he has given to the Authority notice of the change in the occupation of the relevant land.
Where any person who becomes the holder of a licence by virtue of the provisions of this section gives notice to the Authority in accordance with those provisions, the Authority shall vary the licence accordingly.
Where, by virtue of the provisions of this section, any person ceases to be the holder of a licence in such circumstances that no other person thereupon becomes the holder of it, the licence shall cease to have effect.
The preceding provisions of this section shall have effect without prejudice to any power to revoke or vary licences under this Chapter or to the powers conferred by section 50 below.
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The Secretary of State may by regulations make provision, in relation to cases to which section 49 above applies, for conferring succession rights, in such circumstances as may be specified in the regulations, on a person who becomes the occupier of part of the relevant land after—
the death of the prior holder; or
the occurrence of any other act or event whereby the prior holder ceases to be the occupier of the relevant land or of part of that land.
For the purposes of subsection (1) above succession rights are—
a right to become the holder of the licence, subject to provisions corresponding to subsection (3) of section 49 above; or
a right to apply for, and to the grant of, a new licence containing provisions (as to quantities of water and otherwise) determined, in accordance with the regulations made by the Secretary of State, by reference to the provisions of the original licence.
The Secretary of State may by regulations make provision for conferring on the prior holder, where he— a right, in such circumstances as may be specified in the regulations, to apply for, and to the grant of, a new licence containing such provisions as are mentioned in subsection (2)(b) above.
continues to be the occupier of part of the relevant land; but
ceases to be the occupier of another part of that land,
Regulations under this section may provide that the provisions of this Chapter shall have effect in relation— subject to such modifications as may be specified in the regulations.
to an application for a licence made by virtue of the regulations; or
to a person entitled to make such an application,
Where any person who becomes the holder of a licence by virtue of the provisions of any regulations under this section gives notice to the Authority in accordance with those provisions, the Authority shall vary the licence accordingly.
Where, by virtue of the provisions of any regulations under this section, any person ceases to be the holder of a licence in such circumstances that no other person thereupon becomes the holder of it, the licence shall cease to have effect.
The preceding provisions of this section shall have effect without prejudice to the exercise of any power to revoke or vary licences under this Chapter.
The holder of a licence under this Chapter to abstract water may apply to the appropriate agency to revoke the licence and, on any such application, the appropriate agency shall revoke the licence accordingly.
The holder of a licence under this Chapter may apply to the appropriate agency to vary the licence.
The holder of a licence under this Chapter to obstruct or impede the flow of inland waters (an “impounding licence”) may apply to the appropriate agency to revoke the licence and, on any such application, the appropriate agency may revoke the licence accordingly.
Subject to subsection (4) below, the provisions of sections 37 to 44 above shall apply (with the necessary modifications) to applications under subsection (2) above, and to the variation of licences in pursuance of such applications, as they apply to applications for, and the grant of, licences under this Chapter.
The appropriate agency may require conditions to be met to its satisfaction before revocation of the impounding licence takes effect, and those conditions may in particular include conditions—
requiring the removal of all or part of the impounding works;
as to the restoration of the site of the impounding works to a state which is satisfactory to the appropriate agency;
relating to the inland waters the flow of which is obstructed or impeded by means of the impounding works.
Where the variation proposed in an application under subsection (2) above is limited to reducing the quantity of water authorised to be abstracted in pursuance of the licence during one or more periods—
sections 37 and 38(1) above shall not apply by virtue of subsection (3) above; and
sections 43 and 44 above, as applied by that subsection, shall have effect as if subsection (5) of section 43 and paragraph (a) of section 44(3) were omitted.
The person making an application under subsection (1A) above (“the applicant”) may by notice appeal to the Secretary of State if—
he is dissatisfied with the decision of the appropriate agency as to—
whether his licence may be revoked; or
any conditions imposed by virtue of subsection (1B) above; or
the appropriate agency fails to give notice of its decision to the applicant within the prescribed period or within such extended period as may be agreed in writing between the appropriate agency and the applicant.
The Secretary of State may by regulations make provision with respect to—
the manner in which notices of appeal under subsection (1C) above shall be served;
the period within which such notices shall be served;
the procedure on any such appeal.
Where an appeal is brought under subsection (1C) above, the Secretary of State may—
allow or dismiss the appeal or reverse or vary any part of the decision of the appropriate agency, whether the appeal relates to that part of the decision or not; and
may deal with the application as if it had been made to him in the first place.
The decision of the Secretary of State on any appeal under subsection (1C) above shall be final.
Subsections (1C) to (1F) above are subject to section 114 of the 1995 Act (delegation or reference of appeals).
An application may not be made under subsection (2) above to convert an abstraction licence of one type into an abstraction licence of a different type.
Where it appears to the appropriate agency that a licence under this Chapter should be revoked or varied, the appropriate agency may formulate proposals for revoking or varying the licence.
Where— the Secretary of State may, as he may consider appropriate in the circumstances, give the appropriate agency a direction under subsection (3) below.
it appears to the Secretary of State (either in consequence of representations made to the Secretary of State or otherwise) that a licence under this Chapter ought to be reviewed; but
no proposals for revoking or varying the licence have been formulated by the appropriate agency under subsection (1) above,
In the case of a licence to obstruct or impede any inland waters, a variation may take the form of a requirement that the impounding works be modified in ways specified in the proposed new provision of the licence.
A direction under this subsection may—
direct the appropriate agency to formulate proposals for revoking the licence in question; or
direct the appropriate agency to formulate proposals for varying that licence in such manner as may be specified in the direction.
Notice in the prescribed form of any proposals formulated under this section with respect to any licence shall—
be served on the holder of the licence; and
be published in the prescribed way or (if no way is prescribed) in a way calculated to bring it to the attention of persons likely to be affected if the licence were revoked or varied as proposed.
If— a copy of the notice for the purposes of subsection (4) above shall, not later than the date on which it is first published as mentioned in subsection (4)(b) above, be served on any navigation authority, harbour authority or conservancy authority having functions in relation to those waters at a place where the licence, if varied in accordance with the proposals, would authorise water to be abstracted or impounded.
a licence with respect to which any proposals are formulated under this section relates to any inland waters; and
the proposals provide for variation of that licence,
A notice for the purposes of subsection (4) above shall—
include any prescribed matters; and
state that, before the end of a period specified in the notice—
the holder of the licence may give notice in writing to the appropriate agency objecting to the proposals; and
any other person may make representations in writing to the appropriate agency with respect to the proposals.
The period referred to in subsection (6)(b) above—
begins on the date the notice referred to in subsection (4) above is first published as mentioned there; and
shall not end before the end of the period of twenty-eight days beginning with that date.
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Subject to the following provisions of this section, where the appropriate agency has formulated any proposals under section 52 above with respect to any licence under this Chapter, it may—
if the proposals are for the revocation of the licence, revoke the licence; and
if the proposals are proposals for varying the licence, vary the licence in accordance with those proposals or, with the consent of the holder of the licence, in any other way.
The appropriate agency shall not proceed with any proposals formulated under section 52 above before the end of the period specified, in accordance with subsection (7) of that section, for the purposes in relation to those proposals of subsection (6) of that section.
If no notice under subsection (4) below is given to the appropriate agency before the end of the period mentioned in subsection (2) above, the appropriate agency may proceed with the proposals.
If the holder of the licence gives notice to the appropriate agency objecting to the proposals before the end of the period mentioned in subsection (2) above, the appropriate agency shall refer the proposals to the Secretary of State, with a copy of the notice of objection.
Where the appropriate agency proceeds with any proposals under subsection (3) above and the proposals are proposals for varying the licence, the provisions of sections 38(3), 39(1) and (2) and 40 above shall apply (with the necessary modifications) to any action of the appropriate agency in proceeding with the proposals as they apply to the action of the appropriate agency in dealing with an application for a licence.
Where any proposals of the appropriate agency with respect to a licence are referred to the Secretary of State in accordance with subsection (4) of section 53 above, the Secretary of State shall consider— and, subject to subsection (2) below, shall determine (according to whether the proposals are for the revocation or variation of the licence) the question whether the licence should be revoked or the question whether it should be varied as mentioned in subsection (1)(b) of that section.
the proposals;
the objection of the holder of the licence; and
any representations in writing relating to the proposals which were received by the appropriate agency before the end of the period mentioned in subsection (2) of that section,
Before determining under this section whether a licence should be revoked or varied in a case in which proposals have been formulated under section 52 above, the Secretary of State may, if he thinks fit— and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the holder of the licence or the appropriate agency to be heard with respect to the proposals.
cause a local inquiry to be held; or
afford to the holder of the licence and the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
In determining under this section whether a licence should be varied and, if so, what directions should be given under subsection (5) below, the Secretary of State shall consider whether any such direction would require such a variation of the licence as would so authorise— as to derogate from rights which, at the time when the direction is given, are protected rights for the purposes of this Chapter.
the abstraction of water; or
the flow of any inland waters to be obstructed or impeded by means of impounding works,
The provisions of sections 39(2) and 40 above shall apply in relation to any proposals referred to the Secretary of State in accordance with section 53(4) above as if in those provisions—
any reference to the appropriate agency were a reference to the Secretary of State;
any reference to the application were a reference to the proposals; and
the references to sections 38(3) and 39(1) were references to subsections (1) and (3) above.
Where the decision of the Secretary of State on a reference in accordance with section 53(4) above is that the licence in question should be revoked or varied, the decision shall include a direction to the appropriate agency to revoke the licence or, as the case may be, to vary it so as to contain such provisions as may be specified in the direction.
A decision of the Secretary of State under this section with respect to any proposals shall be final.
Subject to the following provisions of this section and to Schedule 7 to this Act, where a licence under this Chapter authorises abstraction from any inland waters in respect of which no minimum acceptable flow has been determined under Chapter I of this Part, any person who is the owner of fishing rights in respect of those inland waters may apply to the Secretary of State for the revocation or variation of the licence.
No application shall be made under this section in respect of any licence except at a time after the end of the period of one year beginning with the date on which the licence was granted but before a minimum acceptable flow has been determined in relation to the waters in question.
Any application under this section made by a person as owner of fishing rights in respect of any inland waters shall be made on the grounds that, in his capacity as owner of those rights, he has sustained loss or damage which is directly attributable to the abstraction of water in pursuance of the licence in question and either—
he is not entitled to a protected right for the purposes of this Chapter in respect of those inland waters; or
the loss or damage which he has sustained in his capacity as owner of those rights is not attributable to any such breach of statutory duty as is mentioned in subsection (2) or (3) of section 60 below or is in addition to any loss or damage attributable to any such breach.
Where an application is made under this section in respect of any licence, the applicant shall serve notice in the prescribed form on the appropriate agency and on the holder of the licence, stating that each of them is entitled, at any time before the end of the period of twenty-eight days beginning with the date of service of the notice, to make representations in writing to the Secretary of State with respect to the application.
In this section and section 56 below “fishing rights”, in relation to any inland waters, means any right (whether it is an exclusive right or a right in common with one or more other persons) to fish in those waters, where the right in question— and any reference to an owner of fishing rights is a reference to the person for the time being entitled to those rights.
constitutes or is included in an interest in land; or
is exercisable by virtue of an exclusive licence granted for valuable consideration;
In this section any reference to a right included in an interest in land is a reference to a right which is exercisable only by virtue of, and as a right incidental to, the ownership of that interest.
The Secretary of State, in determining any application under section 55 above in respect of any licence, shall take into account any representations in writing received by him, within the period mentioned in subsection (4) of that section, from the appropriate agency or from the holder of the licence.
Before determining on an application under section 55 above whether a licence should be revoked or varied the Secretary of State may, if he thinks fit— and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the applicant, the holder of the licence or the appropriate agency to be heard with respect to the proposals.
cause a local inquiry to be held; or
afford to the applicant, the holder of the licence and the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
Subject to subsections (4) and (5) below, on an application under section 55 above in respect of any licence, the Secretary of State shall not determine that the licence shall be revoked or varied unless—
the grounds of the application, as mentioned in subsection (3) of that section, are established to his satisfaction; and
he is satisfied that the extent of the loss or damage which the applicant has sustained, as mentioned in that subsection, is such as to justify the revocation or variation of the licence.
On an application under section 55 above in respect of any licence, the Secretary of State shall not determine that the licence shall be revoked or varied if he is satisfied that the fact that the abstraction of water in pursuance of the licence caused the loss or damage which the applicant has sustained, as mentioned in subsection (3) of that section, was wholly or mainly attributable to exceptional shortage of rain or to an accident or other unforeseen act or event not caused by, and outside the control of, the appropriate agency.
Where the Secretary of State determines, on an application under section 55 above, that a licence shall be varied, the variation shall be limited to that which, in the opinion of the Secretary of State, is requisite having regard to the loss or damage which the applicant has sustained as mentioned in subsection (3) of that section.
Where the decision of the Secretary of State on an application under section 55 above in respect of any licence is that the licence should be revoked or varied, the decision shall include a direction to the appropriate agency to revoke the licence or, as the case may be, to vary it so as to contain such provisions as may be specified in the direction.
A decision of the Secretary of State on an application under section 55 above shall be final.
This section applies where at any time—
one or more licences under this Chapter are in force in relation to a source of supply authorising water abstracted in pursuance of the licences to be used for the purpose of spray irrigation, or for that purpose together with other purposes; and
by reason of exceptional shortage of rain or other emergency, it appears to the appropriate agency that it is necessary to impose a temporary restriction on the abstraction of water for use for that purpose.
Subject to subsections (3) and (4) below, where this section applies the appropriate agency may serve a notice on the holder of any of the licences reducing, during such period as may be specified in the notice, the quantity of water authorised to be abstracted in pursuance of the licence from the source of supply for use for the purpose of spray irrigation; and, in relation to that period, the licence shall have effect accordingly subject to that reduction.
The appropriate agency shall not serve a notice under this section in respect of abstraction of water from underground strata unless it appears to the appropriate agency that such abstraction is likely to affect the flow, level or volume of any inland waters which are not discrete waters.
In the exercise of the power conferred by this section in a case where there are two or more licences under this Chapter in force authorising abstraction from the same source of supply either at the same point or at points which, in the opinion of the appropriate agency, are not far distant from each other—
the appropriate agency shall not serve a notice under this section on the holder of one of the licences unless a like notice is served on the holders of the other licences in respect of the same period; and
the reductions imposed by the notices on the holders of the licences shall be so calculated as to represent, as nearly as appears to the appropriate agency to be practicable, the same proportion of the quantity of water authorised by the licences (apart from the notices) to be abstracted for use for the purpose of spray irrigation.
The provisions of this section shall have effect without prejudice to the exercise of any power conferred by sections 51 to 54 above.
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If the charges payable in respect of a licence under this Chapter are not paid within twenty-eight days after notice demanding them has been served on the holder of the licence, the Authority may revoke the licence by the service of a notice of revocation on the holder of the licence.
A notice demanding the payment of any charges which is served for the purposes of subsection (1) above shall—
state that the licence in question may be revoked if the charges are not paid within twenty-eight days after the service of the notice;
set out the effect of revocation; and
state that no compensation is payable in respect of a revocation under this section.
Revocation of a licence under this section—
shall take effect at such time, not being a time before the end of the period of twenty-eight days after notice of revocation is served on the holder of the licence, as may be specified in that notice; and
shall so take effect only if the charges in question are not paid before that time.
A notice of revocation served under this section shall—
set out the reason for the revocation; and
state that the revocation will take effect only if the charges in question are not paid before the time specified in the notice.
The Secretary of State may by regulations make provision as to the manner in which applications for the revocation or variation of licences under this Chapter are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such applications or decisions on any such applications.
Subsection (1) above shall have effect subject to any express provision contained in, or having effect by virtue of, any other enactment contained in this Chapter; and any regulations made under this section shall have effect subject to any such express provision.
A breach of the duty imposed by subsection (1) of section 39 above (including that duty as applied by section 51(3) or 53(5) above) shall neither invalidate the grant or variation of a licence nor be enforceable by any criminal proceedings, by prohibition or injunction or by action against any person other than the appropriate agency.
Instead, the duty referred to in subsection (1) above shall be enforceable, at the suit of any person entitled to a protected right for the purposes of this Chapter, by an action against the appropriate agency for damages for breach of statutory duty.
Where under any provision of this Chapter, the appropriate agency is directed by the Secretary of State to grant or vary a licence, and the licence, as granted or varied in compliance with the direction, authorises derogation from protected rights, then—
the grant or variation of the licence shall, as between the appropriate agency and the person entitled to those rights, have effect as a breach on the part of the appropriate agency of a statutory duty not to authorise derogation from those rights; and
subsection (2) above shall apply in relation to that statutory duty as it applies in relation to the duty imposed by section 39(1) above.
Subsection (3) above shall be without prejudice to the duty of the appropriate agency, to comply with the direction in question, but that duty shall not afford any defence in an action brought by virtue of paragraph (b) of that subsection.
In any action brought against the appropriate agency in pursuance of this section it shall be a defence for the appropriate agency to show that the fact, as the case may be— was wholly or mainly attributable to exceptional shortage of rain or to an accident or other unforeseen act or event not caused by, and outside the control of, the appropriate agency.
that the abstraction of water authorised by the licence, as granted or varied by the appropriate agency, derogated from the plaintiff’s protected right; or
that the obstruction or impeding of the flow of the inland waters authorised by the licence, as so granted or varied, derogated from the plaintiff’s protected right,
This section has effect subject to the provision made by Schedule 7 to this Act.
In this section any reference to authorising a derogation from protected rights is a reference to so authorising— as to derogate from rights which, at the time of the authorisation, are protected rights for the purposes of this Chapter.
the abstraction of water; or
the flow of any inland waters to be obstructed or impeded by means of impounding works,
Where a licence held by a person other than a water undertaker or sewerage undertaker is revoked or varied in pursuance of a direction under section 54 or 56 above and it is shown that the holder of the licence— the appropriate agency shall pay him compensation in respect of that expenditure, loss or damage.
has incurred expenditure in carrying out work which is rendered abortive by the revocation or variation; or
has otherwise sustained loss or damage which is directly attributable to the revocation or variation,
For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to any work, shall be taken to be included in the expenditure incurred in carrying out that work.
Subject to subsection (2) above and to Schedule 7 to this Act, no compensation shall be paid under this section—
in respect of any work carried out before the grant of the licence which is revoked or varied; or
in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that licence.
No compensation shall be payable under this section in respect of a licence to abstract water, if it is shown that no water was abstracted in pursuance of the licence during the period of four years ending with the date on which notice of the proposals for revoking or varying the licence was served on the holder of the licence.
Any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.
No compensation shall be payable under this section in respect of the variation of a full licence, or of a transfer licence which specifies a minimum value under section 46(2A) above, so as to reduce the quantity of water which the holder of the licence is authorised by the licence to abstract from the source of supply to which the licence relates if—
the ground for varying the licence is that the Secretary of State is satisfied that the variation is necessary in order to protect the availability of water in the source of supply to which the licence relates;
the variation does not reduce the quantity of water which the holder of the licence is authorised by the licence to abstract to less than the minimum value specified in the licence under section 46(2A) above for the purposes of this subsection; and
the conditions set out in subsection (4B) below are satisfied.
For the purpose of assessing any compensation under this section, in so far as that compensation is in respect of loss or damage consisting of depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
Those conditions are that—
the licence was granted after the coming into force of section 19 of the Water Act 2003;
the variation is made no sooner than the end of the period of six years beginning with the date on which the licence took effect; and
the variation takes effect no sooner than the end of the period of six years beginning with the date of the variation.
Where the interest in land, in respect of which any compensation falls to be assessed in accordance with subsection (6) above, is subject to a mortgage—
the compensation shall be assessed as if the interest were not subject to the mortgage;
a claim for the compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage);
any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
Where a licence is revoked or varied on an application under section 55 above, the applicant shall be entitled to compensation from the appropriate agency in respect of the loss or damage which he has sustained as mentioned in subsection (3) of that section.
Where, on an application under section 55 above for the revocation or variation of a licence, the Secretary of State determines— he shall certify accordingly for the purposes of the following provisions of this section.
that the grounds of the application (as mentioned in subsection (3) of that section) have been established to his satisfaction; but
that the licence shall not be revoked or varied in pursuance of that application,
Unless within the period of six months from the date on which a certificate under subsection (2) above is granted either— the owner of the fishing rights shall be entitled to compensation from the appropriate agency.
notice to treat for the acquisition of the fishing rights of the applicant, or of an interest in land which includes those rights, has been served by the appropriate agency; or
an offer has been made by the appropriate agency to the owner of those rights to acquire them on compulsory purchase terms or, where the rights subsist only as rights included in an interest in land, to acquire that interest on such terms,
The amount of the compensation payable under subsection (3) above in respect of any fishing rights shall be the amount by which— is depreciated by the operation of section 48(2) above in relation to the licence to which the application related.
the value of those rights; or
where they subsist only as rights included in an interest in land, the value of that interest,
Any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal ; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.
For the purposes of this section a right or interest is acquired on compulsory purchase terms if it is acquired on terms that the price payable shall be equal to and shall, in default of agreement, be determined in like manner as the compensation which would be payable in respect thereof if the right or interest were acquired compulsorily by the appropriate agency.
Where— then, for the purpose of assessing compensation in respect of any compulsory acquisition in pursuance of that notice to treat, no account shall be taken of any depreciation of the value of the fishing rights, or of the interest in question, which is applicable to the operation, in relation to that licence, of section 48(2) above.
the Secretary of State, on an application under section 55 above, determines that the licence to which the application relates shall not be revoked or varied and grants a certificate under subsection (2) above; and
notice to treat for the acquisition of the fishing rights to which the application related, or of an interest in land in which those rights are included, has been served by the appropriate agency within the period of six months from the date on which that certificate is granted,
Subsections (5) and (6) of section 55 above shall apply for construing references in this section to fishing rights or to rights included in an interest in land as they have effect for construing such references in that section.
This section applies where—
a relevant licence is revoked or varied on or after 1 January 2028 in pursuance of a direction under section 54 or 56, and
the ground for revoking or varying the licence is that the Secretary of State is satisfied the revocation or variation is necessary—
having regard to a relevant environmental objective, or
to otherwise protect the water environment from damage.
A “relevant licence” is a licence to abstract water that—
is to abstract water in England only, and
is to remain in force until revoked.
Where this section applies, no compensation is payable under section 61 in respect of the revocation or variation of the licence.
In this section the “water environment” means— or any flora or fauna dependent on any of them.
any inland waters (including, in relation to a lake, pond, river or watercourse that is for the time being dry, its bottom, channel or bed),
any water contained in underground strata,
any underground strata themselves,
In this section “relevant environmental objective” means an environmental objective within the meaning of whichever of the following is applicable—
the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);
the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);
the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245).
Where— then, whether an action for recovery of those damages has been brought or not, the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.
the appropriate agency is liable under section 60 above to pay damages to any person in consequence of the grant or variation of a licence in compliance with a direction given by the Secretary of State; and
the appropriate agency pay to that person any sum in satisfaction of that liability,
If— the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.
proposals for revoking or varying the licence, in a case falling within subsection (1) above, are formulated by the appropriate agency, or an application with respect to any licence is made under section 55 above;
in consequence of those proposals or that application, the licence is revoked or varied; and
compensation in respect of the revocation or variation is payable by the appropriate agency under section 61 above,
Where— the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.
the Secretary of State determines under section 55 above— and
that a licence granted in compliance with a direction given by the Secretary of State shall be revoked or varied; or
that a licence shall not be revoked or varied;
in consequence of that determination, compensation is payable by the appropriate agency under section 62 above,
In this section “the relevant amount” means—
for the purposes of subsection (1) above, the amount of the sum paid by the appropriate agency and, if an action has been brought against the appropriate agency in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the appropriate agency in connection with the action (including any costs of the plaintiff which the appropriate agency was required to pay); and
for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the Upper Tribunal, the amount of any costs reasonably incurred by the appropriate agency in connection with that reference (including any costs of the claimant which the appropriate agency is required to pay).
This section applies if a relevant licence is varied in pursuance of a direction under section 54 on or after 1 January 2028 so as to reduce the quantity of water the holder is authorised to abstract.
A “relevant licence” is a licence to abstract water that—
is to abstract water in England only, and
is to remain in force until revoked.
No compensation is payable under section 61 if—
in each year during the 12 year period ending with the relevant date, the quantity of water abstracted in pursuance of the licence did not exceed 75% of the quantity of water the holder was authorised to abstract in that year, and
the ground for varying the licence is that the Secretary of State is satisfied the variation does not reduce the quantity of water the holder is authorised to abstract to a level below that which the holder reasonably requires.
In subsection (3) the “relevant date” is the date on which the notice of the proposals for varying the licence was served on the holder of the licence.
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The following licences— may be transferred by the holder of the licence to another person (“the transferee”) in accordance with the following provisions of this section.
a full licence;
a transfer licence; or
a licence to obstruct or impede the flow of inland waters by means of impounding works,
The holder and the proposed transferee shall give notice (a “transfer notice”) to the appropriate agency of their agreement that the licence should be transferred.
The transfer notice shall include— and may specify the date on which the holder and the transferee wish the transfer to take effect.
such information as the appropriate agency reasonably requires; and
(in the case of the transfer of a full licence or of a transfer licence) a declaration by the proposed transferee that—
he has, or at the time when the proposed transfer is to take effect will have, a right of access in relation to each point of abstraction; and
he will continue to have such a right for the period of at least one year beginning with the date on which the proposed transfer is to take effect, or until the licence is to expire (if sooner),
If the holder is a person in whom the licence has vested under section 59B below, a transfer notice shall be of no effect unless the notice required by section 59B(4) has been given.
Subject to subsection (4) above, if the appropriate agency receives a transfer notice which complies with the requirements of subsections (2) and (3) above, the appropriate agency shall amend the licence by substituting the name of the transferee as holder of the licence.
The transfer shall take effect—
from the date on which the appropriate agency amends the licence; or
from the date specified in the transfer notice, if later.
Nothing in this section shall affect the liability of the holder of the licence for any failure by him, before the transfer took effect, to comply with any condition or requirement of that licence.
In this section—
On the death of the holder of a licence under this Chapter, the licence shall be regarded as property forming part of the deceased’s personal estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest in his personal representatives.
If a bankruptcy order is made against the holder of a licence under this Chapter, the licence shall be regarded for the purposes of any of the Second Group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) as property forming part of the bankrupt’s estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest as such in the trustee in bankruptcy.
A person in whom a licence vests under this section shall become the holder of the licence, in place of the prior holder, from the date of the vesting.
Where a licence other than a temporary licence vests in any person under this section, that person shall give notice of that fact to the appropriate agency not later than the end of the period of fifteen months beginning with the date of the vesting.
If— the licence shall cease to have effect.
a licence vests in any person under this section; but
that person fails to give the notice required by subsection (4) above within the period mentioned there,
The holder of a full licence or of a transfer licence (the “old licence”) may apply to the appropriate agency for the division of the holder’s right to abstract water in accordance with the old licence and for the transfer— of that right.
to another person of part, or to a number of other persons of parts not amounting to the whole; or
to a number of other persons of parts amounting in all to the whole,
The holder of the old licence and any person proposing to carry on a part of the abstraction authorised by the old licence in place of the holder (a “successor”) shall give notice to the appropriate agency of their agreement to the division and transfer (an “apportionment notice”).
The apportionment notice shall, in relation to the abstraction authorised by the old licence— and may specify the date on which the holder and the successor (or successors) wish the division and transfer (or transfers) to take effect.
specify, for each proposed successor, what quantity of water he proposes to abstract, and (if the holder of the old licence is to continue the abstraction in part) what quantity of water he proposes to abstract;
specify the purpose or purposes for which those persons referred to in paragraph (a) above who would require a new licence granted under subsection (5) below would abstract water (being one or more of the purposes for which abstraction is authorised under the old licence);
specify the point (or points) of abstraction from which it is proposed that the persons referred to in paragraph (a) above would abstract water (being one or more of the points from which abstraction is authorised under the old licence);
include a declaration by each of those persons who requires a licence under this Chapter in order to carry on the abstraction that—
he has, or at the time when the proposed grant to him of a new licence under subsection (5) below is to take effect will have, a right of access in relation to each such point of abstraction; and
he will continue to have such a right for the period of at least one year beginning with the date on which the new licence is to take effect, or until it is to expire (if sooner); and
include such other information as the appropriate agency reasonably requires,
The apportionment notice shall be accompanied by an application on the part of the holder of the old licence for its revocation.
Subject to subsection (9) below, if the appropriate agency receives an apportionment notice and the application for revocation referred to in subsection (4) above, the appropriate agency shall—
revoke the old licence;
if the holder is to continue the abstraction in part and a licence is required under this Chapter for that purpose, grant to the holder of the old licence a licence relating to that part of the abstraction; and
grant to each successor who requires a licence under this Chapter in order to carry on his part of the abstraction a licence relating to that part of the abstraction.
Sections 34 to 45 above shall not apply to the grant of a new licence under subsection (5) above.
Subject to section 46 above and to any provision of regulations made under section 59D(1) below, each new licence to be granted under subsection (5) above shall be granted subject to provisions which correspond as nearly as practicable to those of the old licence in relation to the part of the abstraction to be authorised by the new licence.
The revocation of the old licence and the grant of the new licences shall take effect—
from the date on which the appropriate agency revokes the old licence and grants the new ones; or
from the date specified in the apportionment notice, if later.
The appropriate agency shall not grant a new licence to the holder of the old licence or to a successor if, by virtue of an exemption, the restriction on abstraction would not apply to that part of the abstraction proposed in relation to him in the apportionment notice.
For the purposes of this Chapter, a person (whether the holder of the old licence or a successor) who proposes to carry on a part of the abstraction in the circumstances mentioned in subsection (9) above shall, if the old licence was a full licence, be taken to have the right to do so in relation to that part, subject to subsection (11) below.
For the purposes of this Chapter, a person shall cease to be taken to have a right, by virtue of subsection (10) above, to carry on an abstraction if—
during a period mentioned in subsection (12) below that person does not carry out any such abstraction; or
following an order under section 27A(1) above or regulations under section 33A above, that person is granted a full licence in respect of abstraction from the same point.
The period referred to in subsection (11)(a) above is—
four years; or
if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the appropriate agency may determine on the application of the person in question.
For the purposes of section 39A above, a new licence granted under subsection (5) above shall be treated—
as if it had been granted at the time the old licence was granted; and
as if it and any other new licence granted by virtue of the relevant apportionment notice had been granted in place of the old licence.
In this section—
any of the following provisions of the 1995 Act, that is to say— section 6(4) (general supervision of flood defence); and section 53 (inquiries and other hearings); and ...
The Secretary of State may make regulations about the provisions to be contained in licences granted under section 59C above.
Nothing in section 59C above shall affect the liability of the holder of the old licence for any failure by him, before the revocation of that licence took effect, to comply with any condition or requirement of that licence.
If the holder of the old licence is a person in whom the old licence has vested under section 59B above, an apportionment notice shall be of no effect unless the notice required by section 59B(4) has been given.
In this section, “apportionment notice” and “old licence” have the same meanings as in section 59C above.
The provisions of this Chapter shall have effect— subject to such exceptions and modifications as may be prescribed.
in relation to the abstraction of water by the appropriate agency from sources of supply; and
in relation to—
the construction or alteration by the appropriate agency of impounding works; and
the obstruction or impeding by the appropriate agency of the flow of inland waters by means of impounding works,
Regulations under this section may, in particular, provide for securing—
that any licence required by the appropriate agency in relation to the matters mentioned in subsection (1) above shall be granted (or be deemed to be granted) by the Secretary of State, and not be granted by the appropriate agency;
that, in such cases and subject to such conditions as may be prescribed, any licence so required by the appropriate agency shall be deemed to be granted by the Secretary of State unless the Secretary of State requires an application for the licence to be made to him by the appropriate agency; and
that where a licence is deemed to be granted as mentioned in paragraph (b) above, the appropriate agency shall give such notice of that fact as may be prescribed.
Without prejudice to the preceding provisions of this section, section 52 above shall not apply in relation to any licence which by virtue of any regulations under this section is granted or deemed to have been granted by the Secretary of State, except in accordance with regulations under this section.
Schedule 7 to this Act shall have effect for the purposes of giving effect to provisions conferring an entitlement to licences under this Chapter and with respect to licences granted in pursuance of that entitlement or the entitlement conferred by section 33 of the Water Resources Act 1963 or paragraph 30 or 31 of Schedule 26 to the Water Act 1989.
This section applies to all inland waters owned or managed by Canal & River Trust, except any such inland waters to which the Secretary of State may by order made by statutory instrument direct that this section shall not apply.
In respect of abstraction from any inland waters to which this section applies—
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no person other than Canal & River Trust shall be entitled to apply for a licence under this Chapter;
in relation to any application by Canal & River Trust for a licence under this Chapter—
section 35 above shall not apply; and
section 37 above shall apply as if paragraphs (b) and (c), and the succeeding words, of subsection (3) of that section were omitted.
Before making an order under subsection (1) above, the Secretary of State shall consult Canal & River Trust and the appropriate agency.
Where the relevant land is vested in the incumbent of a benefice or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land—
an application for a licence under this Chapter may be made by the Diocesan Board of Finance for the diocese in which the land is situated if the benefice is for the time being vacant; and
any reference in this Chapter to the applicant for a licence shall be construed—
in relation to any time when the benefice in question is vacant, as a reference to theDiocesan Board of Finance for the diocese in which the land is situated; and
in relation to any time when there is an incumbent of the benefice, as a reference to that incumbent.
Where the relevant land is vested in the incumbent of a benefice or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land, any licence under this Chapter shall provide that (notwithstanding anything in the preceding provisions of this Chapter) whoever is for the time being the incumbent of the benefice shall be the holder of the licence.
Where a licence under this Chapter provides as mentioned in subsection (2) above—
the licence shall not be required to specify the person to whom the licence is granted; and
the licence shall be deemed to be held by the Diocesan Board of Finance for the diocese in which the land is situated at any time when the benefice in question is vacant.
So much of any compensation falling to be paid under this Chapter as is payable— shall be paid (where the fee simple is vested in any person other than the Diocesan Board of Finance for the diocese in which the land is situated) to it, instead of to the person in whom the fee simple is vested.
in respect of damage to land which is ecclesiastical property and to the owner of the fee simple in the land; or
in respect of depreciation of the value of the fee simple in land which is ecclesiastical property,
Any sums paid under subsection (4) above to the Diocesan Board of Finance with reference to any land shall—
if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale; and
if the land is consecrated, be applied by it as if the land had been sold under the Pastoral Measure 1983.
Where— the Board shall be entitled to retain out of those moneys an amount not exceeding the amount of that fee or other charge.
a Diocesan Board of Finance is required, by virtue of subsection (3)(b) above, to pay any fee or other charge in respect of a licence under this Chapter; and
any moneys are then payable by the Board to the incumbent of the benefice in question or subsequently become so payable,
Where under any provision of this Chapter a document is required to be served on an owner of land and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.
In this section —
“local authority” means the council of any county, district or London borough or the Common Council of the City of London;
belongs to a benefice;
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The Secretary of State may by order make provision for securing that, in such cases or classes of cases as may be specified in or determined under the order, appeals and references which in accordance with the provisions of this Chapter would, apart from the order, be appeals or references to the Secretary of State shall lie to a tribunal established in accordance with the provisions of the order, instead of being appeals or references to the Secretary of State.
An order under this section shall not apply to references in pursuance of directions under section 41 above.
The provisions of this Chapter relating to appeals or references to which an order under this section applies shall have effect, subject to such modifications as may be specified in the order, as they would have effect in relation to the like appeals or references if made to the Secretary of State.
Provision may be made by an order under this section for appeals or references to the tribunal to be heard and determined by one or more members of the tribunal.
If a tribunal is established in accordance with this section, the Secretary of State may pay to the members of the tribunal such remuneration, whether by way of salaries or by way of fees, and such reasonable allowances in respect of expenses properly incurred in the performance of their duties, as the Treasury may determine.
The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Except as provided by the following provisions of this section, the validity of a decision of the Secretary of State on— shall not be questioned in any legal proceedings whatsoever.
any appeal to the Secretary of State under this Chapter; or
any reference to the Secretary of State in pursuance of a direction under section 41 above or in pursuance of section 53(4) above,
If, in the case of any such appeal or reference, the appropriate agency or the other party desires to question the validity of the decision of the Secretary of State on the grounds— the appropriate agency or, as the case may be, the other party may, at any time within the period of six weeks beginning with the date on which the decision is made, make an application to the High Court under this section.
that the decision is not within the powers of this Act; or
that any of the requirements of, or of any regulations made under, this Chapter which are applicable to the appeal or reference have not been complied with,
On any application under this section, the High Court may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings.
If the High Court is satisfied, on an application under this section— the High Court may quash the decision.
that the decision to which the application relates is not within the powers of this Act; or
that the interests of the person making the application under this section have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) above,
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In this section—
“watercourse” has the same meaning as in Part IV of this Act.
in relation to an appeal, means the appellant;
in relation to a reference in pursuance of a direction under section 41 above, means the applicant for the licence or, where that section applies by virtue of section 51(3) above, for the revocation or variation; and
in relation to a reference in pursuance of section 53(4) above, means (subject, without prejudice to their application to the other provisions of this Chapter, to subsections (6) and (7) of section 25 above) the holder of the licence.
Except in so far as this Act otherwise expressly provides and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), the restrictions imposed by sections 24 and 25 above shall not be construed as—
conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of those restrictions;
affecting any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act; or
derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Chapter.
If it appears to the Secretary of State by whom an order is made under a provision of this Chapter to which this section applies that any local enactment passed or made before the relevant date— the Secretary of State may by order repeal, amend or adapt that enactment to such extent, or in such manner, as he may consider appropriate.
is inconsistent with any of the provisions of that order; or
requires to be amended or adapted, having regard to any of the provisions of that order,
Any order under this section may include such transitional, incidental, supplementary and consequential provisions as the Secretary of State may consider necessary or expedient.
The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to the following provisions of this Chapter, that is to say, sections ... 66, 68 and 72(5).
In this section—
The provisions of this section shall have effect without prejudice to the exercise of any other power to repeal, amend or adapt local enactments which is conferred by any other enactment.
In this Chapter—
“harbour authority” (except in the flood defence provisions of this Act, in which it has the same meaning as in section 313 of the Merchant Shipping Act 1995) means a person who is a harbour authority as defined in section 151 for the purposes of Chapter II of Part VI of that Act and is not a navigation authority;
“information” includes anything contained in any records, accounts, estimates or returns;
References in this Chapter to a watercourse shall not include references—
to any sewer or part of a sewer vested in— or
a sewerage undertaker;
a local authority or joint planning board;
the new towns residuary body or a development corporation for a new town;
a harbour board within the meaning of the Railway and Canal Traffic Act 1888;
to any adit or passage constructed in connection with a well, borehole or other similar work for facilitating the collection of water in the well, borehole or work.
Any reference in this Chapter to the doing of anything in pursuance of a licence under this Chapter is a reference to its being done— at a time when the licence is in force and in circumstances such that, if no such licence were in force, the doing of that thing would contravene a restriction imposed by this Chapter.
by the holder of such a licence; or
by a person acting as a servant or agent of, or otherwise under the authority of, the holder of such a licence,
In subsection (2)(a)(iii) “new towns residuary body” means—
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions; and
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.
For the purposes of this Chapter land shall be taken to be contiguous to any inland waters notwithstanding that it is separated from those waters by a towpath or by any other land used, or acquired for use, in connection with the navigation of the inland waters, unless that other land comprises any building or works other than a lock, pier, wharf, landing-stage or similar works.
The Ministers may by order direct that references to spray irrigation in this Chapter, and in any other enactments in which “spray irrigation” is given the same meaning as in this Chapter, or such of those references as may be specified in the order—
shall be construed as not including spray irrigation if carried out by such methods or in such circumstances or for such purposes as may be specified in the order; and
without prejudice to the exercise of the power conferred by virtue of paragraph (a) above, shall be construed as including references to the carrying out, by such methods or in such circumstances or for such purposes as may be specified in the order, of irrigation of any such description, other than spray irrigation, as may be so specified.
The power of the Ministers to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, there exists or is threatened—
a serious deficiency of supplies of water in any area, or
such a deficiency in the flow or level of water in any inland waters as to pose a serious threat to any of the flora or fauna which are dependent on those waters,
If the Secretary of State— then, subject to the following provisions of this Chapter, he may by order (in this Chapter referred to as an “emergency drought order") make such provision authorised by this Chapter as appears to him to be expedient with a view to meeting the deficiency.
is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened; and
is further satisfied that the deficiency is such as to be likely to impair the economic or social well-being of persons in the area,
Subject to section 76(3) below, the power to make a drought order in relation to any area shall not be exercisable unless an application is made to the Secretary of State—
by the appropriate agency; or
except in the case of an ordinary drought order by virtue of subsection (1)(b) above,by a water undertaker which supplies water to premises in that area.
The power to make a drought order shall be exercisable by statutory instrument; and Schedule 8 to this Act shall have effect with respect to the procedure on an application for such an order.
An ordinary drought order made on the application of the appropriate agency may contain any of the following provisions, that is to say—
provision authorising the appropriate agency (or persons authorised to do so by the appropriate agency) to take water from any source specified in the order subject to any conditions or restrictions so specified;
provision authorising the appropriate agency (or persons authorised to do so by the appropriate agency) to discharge water to any place specified in the order subject to any conditions or restrictions so specified;
provision authorising the appropriate agency to prohibit or limit the taking by any person (including a water undertaker) of water from a source specified in the order if the appropriate agency is satisfied that the taking of water from that source seriously affects the supplies available to the appropriate agency, any water undertaker or any other person;
provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the appropriate agency, any water undertaker or sewerage undertaker or any other person is subject as respects—
the taking of water from any source;
the discharge of water;
the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or
the filtration or other treatment of water;
provision authorising the appropriate agency to suspend or vary, or attach conditions to, any environmental permit specified in the order for the discharge of any effluent by any person, including any sewerage undertaker or water undertaker.
An ordinary drought order made on the application of a water undertaker may contain any of the following provisions, that is to say—
provision authorising the water undertaker to take water from any source specified in the order subject to any conditions or restrictions so specified;
provision authorising the water undertaker to prohibit or limit the use of water for any purpose specified in the order, being a purpose for the time being set out in a direction given by the Secretary of State to water undertakers generally as a purpose which may be specified by virtue of this paragraph in any ordinary drought order;
provision authorising the water undertaker to discharge water to any place specified in the order subject to any conditions or restrictions so specified;
provision authorising the appropriate agency to prohibit or limit the taking by any person of water from a source specified in the order if the appropriate agency is satisfied that the taking of water from that source seriously affects the supplies available to the water undertaker;
provision prohibiting or limiting the taking by the appropriate agency of water from a source specified in the order if the taking of water from that source is determined, in accordance with provision made by the order, seriously to affect the supplies available to the water undertaker;
provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the water undertaker or any sewerage undertaker or other person is subject as respects—
the taking of water from any source;
the discharge of water;
the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or
the filtration or other treatment of water;
provision authorising the appropriate agency to suspend or vary, or attach conditions to, any environmental permit specified in the order for the discharge of any effluent by any person, including the company which applied for the order (whether in the capacity in which it made the application, in its capacity as a sewerage undertaker or in any other capacity).
The period for which— has effect shall expire before the end of the period of six months beginning with the day on which the order comes into force, unless that period of six months is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power (subject to subsection (4) below) to amend the order.
an authorisation given by or under an ordinary drought order;
a prohibition or limitation imposed by or under any such order; or
a suspension or modification effected by or under any such order,
The power of the Secretary of State to amend an ordinary drought order shall not be exercised so as to extend the period of six months mentioned in subsection (3) above beyond the end of the period of one year beginning with the day on which that order came into force.
Without prejudice to the following provisions of this Chapter, an ordinary drought order may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
An emergency drought order made on the application of the appropriate agency may contain any of the provisions which could be included, by virtue of section 74(1) above, in an ordinary drought order made on the application of the appropriate agency.
An emergency drought order made on the application of a water undertaker may contain any of the following provisions, that is to say—
any provision which could be included, by virtue of subsection (2) of section 74 above, in an ordinary drought order made on the application of a water undertaker, except provision authorised by paragraph (b) of that subsection;
provision authorising the water undertaker to prohibit or limit the use of water for such purposes as the water undertaker thinks fit;
provision authorising the water undertaker—
to supply water in its area, or in any place within its area, by means of stand-pipes or water tanks; and
to erect or set up and maintain stand-pipes or water tanks in any street in that area.
The period for which— has effect shall expire before the end of the period of three months beginning with the day on which the order comes into force unless that period of three months is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power (subject to subsection (4) below) to amend the order.
an authorisation given by or under an emergency drought order;
a prohibition or limitation imposed by or under any such order; or
a suspension or modification effected by or under any such order,
The power of the Secretary of State to amend an emergency drought order shall not be exercised so as to extend the period of three months mentioned in subsection (3) above beyond the end of the period of five months beginning with the day on which that order came into force.
Where powers have been conferred by an emergency drought order on any person—
the Secretary of State may give to that person such directions as he considers necessary or expedient as to the manner in which, or the circumstances in which, any of those powers is or is not to be exercised;
it shall be the duty of that person to comply with any such direction; and
where that person is a water undertaker or sewerage undertaker, the duty to comply with any such direction shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.
The giving of a direction under subsection (5) above in relation to any power shall not affect—
the validity of anything done in the exercise of that power before the giving of the direction; or
any obligation or liability incurred before the giving of the direction.
Without prejudice to the following provisions of this Chapter, an emergency drought order may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
The following provisions apply where a drought order contains a provision authorising a water undertaker to prohibit or limit the use of water, that is to say—
the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;
the water undertaker shall take such steps as it thinks appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply and, in particular, shall (as the undertaker thinks appropriate)—
cause notice of the prohibition or limitation to be published in one or more local newspapers circulating within that part of the water undertaker’s area which would be affected by the provision of the order; or
send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply;
the prohibition or limitation shall not come into operation until the end of the period of seventy-two hours beginning with the day on which the notice is published or, as the case may be, sent to the person in question.
The Secretary of State may revoke or vary any direction given by him for the purposes of section 74(2)(b) above by a further direction for those purposes.
Where any purpose set out in a direction given for the purposes of section 74(2)(b) above will cease, by virtue of the variation or revocation of the direction, to be one which may be specified in an ordinary drought order, the Secretary of State shall (without an application having been made to him) exercise his power to vary or revoke ordinary drought orders, in so far as any orders in force will be affected by the variation or revocation of the direction, so as to make those orders conform to the variation or reflect the revocation.
The revocation or variation of a direction under subsection (3) above shall not affect either—
the validity of anything done in pursuance of an order before the giving of the further direction; or
any obligation or liability accrued or incurred before the giving of the further direction.
Any drought order which- may include provision for prohibiting or imposing limitations on the taking of water from the inland navigation or for the suspension or modification of any obligation to which a navigation authority are subject as respects the discharge of water from the inland navigation.
authorises the taking of water from a source from which water is supplied to an inland navigation; or
suspends or modifies—
a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or
an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,
A prohibition or limitation by or under a drought order on the taking of water from any source may be imposed so as to have effect in relation to a source from which a person to whom the prohibition or limitation applies has a right to take water whether by virtue of an enactment or instrument, an agreement or the ownership of land.
Where a drought order made on the application of a water undertaker confers power on the appropriate agency— the appropriate agency shall exercise that power in such manner as will ensure, so far as reasonably practicable, that the supplies of water available to the water undertaker are not seriously affected.
to prohibit or limit the taking of water from any source; or
to suspend or vary, or attach conditions to, any environmental permit for the discharge of any effluent,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— the sewerage undertaker may so modify any consents or agreements relating to the discharge by other persons of trade effluent as to enable it to comply with any requirements or conditions imposed on it by or under the order with respect to discharges from sewers or works of the undertaker.
any drought order confers power on the appropriate agency to suspend or vary, or attach conditions to, any environmental permit for the discharge of any effluent; and
the appropriate agency exercises that power so as to restrict the discharge of effluent by a sewerage undertaker,
In this section—
A drought order may authorise the appropriate agency or a water undertaker, subject to any conditions and restrictions specified in the order, to carry out any works required for the performance of any duty or the exercise of any power which is imposed or conferred by or under the order.
A drought order authorising the appropriate agency or a water undertaker to carry out any works—
may authorise the appropriate agency or that undertaker for that purpose to enter upon any land specified in the order and to occupy and use the land to such extent and in such manner as may be requisite for the carrying out and maintenance of the works; and
may apply in relation to the carrying out of the works such of the provisions of Part VII of this Act or Part VI of the Water Industry Act 1991 as appear to the Secretary of State to be appropriate, subject to such modifications as may be specified in the order.
The Secretary of State shall include in any drought order authorising the appropriate agency or a water undertaker to enter any land provisions requiring the appropriate agency or that undertaker to give to the occupier of the land and to such other persons concerned with the land as may be specified in the order not less than twenty-four hours’ notice of any intended entry.
Subject to subsection (3) above, a drought order may make any such provision in relation to provisions of the order authorising any person to enter any land as corresponds to provision having effect by virtue of section 173 below or to provision contained in Part II of Schedule 6 to the Water Industry Act 1991.
Any works to be carried out under the authority of an emergency drought order shall be included in the definition of emergency works in section 52 of the New Roads and Street Works Act 1991.
Until the coming into force of section 52 of the New Roads and Street Works Act 1991, subsection (5) above shall have effect as if the reference to that section were a reference to section 39(1) of the Public Utilities Street Works Act 1950; but nothing in this section shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this section).
Schedule 9 to this Act shall have effect with respect to the payment of compensation where a drought order has been made.
Except as provided by Schedule 9 to this Act, neither the appropriate agency nor any water undertaker or sewerage undertaker shall incur any liability to any person for loss or damage sustained by reason of anything done in pursuance of any drought order or of any omission in pursuance of such an order.
Nothing in any drought order shall affect the right of the appropriate agency, a water undertaker or a sewerage undertaker, in the event of an interruption or diminution of the supply of water, to recover any fixed or minimum charge which might have been recovered from any person by the appropriate agency or that undertaker if there had been no such interruption or diminution.
Where a water undertaker makes an application for a drought order, the appropriate agency may recover from the water undertaker any expenses it incurs (whether of a revenue or capital nature)— in so far as those expenses have not been recovered (whether from the water undertaker or not) under or by virtue of any other enactment.
in connection with any local inquiry held in respect of the application;
in the exercise of the appropriate agency's functions so far as their exercise is attributable to the application and (if the order is made) to the order,
Sections 125 to 129 below shall not apply in respect of any charges which may be made under subsection (4) above.
If any person— he shall be guilty of an offence under this section.
takes or uses water in contravention of a prohibition or limitation imposed by or under any drought order or takes or uses water otherwise than in accordance with any condition or restriction imposed by or under any drought order or by any drought permit; or
discharges water otherwise than in accordance with any condition or restriction imposed by or under such an order,
If any person— he shall be guilty of an offence under this section.
fails to construct or maintain in good order a gauge, weir or other apparatus for measuring the flow of water which he was required to construct or maintain by any drought order or drought permit; or
fails to allow some person authorised for the purpose by or under any such order or by virtue of any such permit to inspect and examine any such apparatus or any records made thereby or kept by that person in connection therewith or to take copies of any such records,
In any proceedings against any person for an offence under this section it shall be a defence for that person to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
A person who is guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
If the appropriate agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the appropriate agency to be expedient with a view to meeting the deficiency.
A drought permit may contain any of the following provisions, that is to say—
provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified;
provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source.
A drought permit shall specify—
the day on which it comes into force; and
the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect.
Subject to subsection (5) below, the period for which— has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force.
an authorisation given by a drought permit, or
a suspension or modification effected by such a permit,
At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the appropriate agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force.
A drought permit which— shall not be issued without the consent of every navigation authority exercising functions over any or all of the parts of the canal or inland navigation in question which are affected by the permit.
authorises the taking of water from a source from which water is supplied to an inland navigation; or
suspends or modifies—
a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or
an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,
Schedule 8 to this Act shall have effect with respect to the procedure on an application for a drought permit as it has effect with respect to the procedure on an application for a drought order, but with the following modifications, that is to say—
with the substitution for any reference to a drought order of a reference to a drought permit;
with the substitution for any reference to the Secretary of State of a reference to the appropriate agency;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
with the insertion, in paragraph 1(3)(c), of a requirement that the notice in question shall specify the address at which any objections are to be made to the appropriate agency; and
with the omission—
of paragraph 2(1)(a) and the word “either" immediately preceding it, and
of paragraph 2(6).
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Where a water undertaker makes an application for a drought permit, the appropriate agency may recover from the water undertaker any expenses it incurs (whether of a revenue or capital nature) in the exercise of its functions so far as their exercise is attributable to— in so far as those expenses have not been recovered (whether from the water undertaker or not) under or by virtue of any other enactment.
the application;
(if the permit is issued) the permit,
Sections 125 to 129 below shall not apply in respect of any charges which may be made under subsection (8A) above.
Section 79 above and Schedule 9 to this Act shall apply in relation to drought permits and their issue as they apply in relation to ordinary drought orders and their making.
A drought permit may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provisions as the appropriate agency considers appropriate.
In this section—
In this Chapter—
references to the taking of water include references to the collection, impounding, diversion or appropriation of water; and
references to an obligation or to a restriction include references to an obligation or, as the case may be, to a restriction which is imposed by or under any enactment or agreement.
The Secretary of State may, in relation to any description of controlled waters (being a description applying to some or all of the waters of a particular class or of two or more different classes), by regulations prescribe a system of classifying the quality of those waters according to criteria specified in the regulations.
The criteria specified in regulations under this section in relation to any classification shall consist of one or more of the following, that is to say— and for the purposes of any such classification regulations under this section may provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed.
general requirements as to the purposes for which the waters to which the classification is applied are to be suitable;
specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;
specific requirements as to other characteristics of those waters;
For the purpose of maintaining and improving the quality of controlled waters the Secretary of State may, by serving a notice on the appropriate agency specifying— establish the water quality objectives for any waters which are, or are included in, waters of a description prescribed for the purposes of that section.
one or more of the classifications for the time being prescribed under section 82 above; and
in relation to each specified classification, a date,
The water quality objectives for any waters to which a notice under this section relates shall be the satisfaction by those waters, on and at all times after each date specified in the notice, of the requirements which at the time of the notice were the requirements for the classification in relation to which that date is so specified.
Where the Secretary of State has established water quality objectives under this section for any waters he may review objectives for those waters if— and the Secretary of State shall not exercise his power to establish objectives for any waters by varying the existing objectives for those waters except in consequence of such a review.
five years or more have elapsed since the service of the last notice under subsection (1) or (6) of this section to be served in respect of those waters; or
the appropriate agency, after consultation with such water undertakers and other persons as it considers appropriate, requests a review;
Where the Secretary of State proposes to exercise his power under this section to establish or vary the objectives for any waters he shall— and, if he decides, after considering any such representations or objections, to exercise his power to establish or vary those objectives, he may do so either in accordance with the proposal contained in the notice or in accordance with that proposal as modified in such manner as he considers appropriate.
give notice setting out his proposal and specifying the period (not being less than three months from the date of publication of the notice) within which representations or objections with respect to the proposal may be made; and
consider any representations or objections which are duly made and not withdrawn;
A notice under subsection (4) above shall be given—
by publishing the notice in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by it; and
by serving a copy of the notice on the appropriate agency.
If, on a review under this section or in consequence of any representations or objections made following such a review for the purposes of subsection (4) above, the Secretary of State decides that the water quality objectives for any waters should remain unchanged, he shall serve notice of that decision on the appropriate agency.
It shall be the duty of the Secretary of State and of the appropriate agency to exercise the powers conferred on him or it by or under the water pollution provisions of this Act (other than the preceding provisions of this Chapter and sections 104 and 192 below) and by the Environmental Permitting Regulations in such manner as ensures, so far as it is practicable by the exercise of those powers to do so, that the water quality objectives specified for any waters in— are achieved at all times.
a notice under section 83 above; or
a notice under section 30C of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland),
It shall be the duty of the appropriate agency, for the purposes of the carrying out of its functions under the water pollution provisions of this Act or under the Environmental Permitting Regulations —
to monitor the extent of pollution in controlled waters; ...
in the case of the Agency, to consult, in such cases as it may consider appropriate, with the Scottish Environment Protection Agency or with the NRBW.
in the case of the NRBW, to consult, in such cases as it may consider appropriate, with the Agency; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters.
A person contravenes this section if he causes or knowingly permits any matter, other than trade effluent or sewage effluent, to enter controlled waters by being discharged from a drain or sewer in contravention of a prohibition imposed under section 86 below.
A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged—
into any controlled waters; or
from land in England and Wales, through a pipe, into the sea outside the seaward limits of controlled waters.
A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged, in contravention of any prohibition imposed under section 86 below, from a building or from any fixed plant—
on to or into any land; or
into any waters of a lake or pond which are not inland freshwaters.
A person contravenes this section if he causes or knowingly permits any matter whatever to enter any inland freshwaters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading, or likely to lead, to a substantial aggravation of—
pollution due to other causes; or
the consequences of such pollution.
Subject to the following provisions of this Chapter, a person who contravenes this section or the conditions of any consent given under this Chapter for the purposes of this section shall be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 85 above a discharge of any effluent or other matter is, in relation to any person, in contravention of a prohibition imposed under this section if, subject to the following provisions of this section—
the Authority has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or
the Authority has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed.
For the purposes of section 85 above a discharge of any effluent or other matter is also in contravention of a prohibition imposed under this section if the effluent or matter discharged—
contains a prescribed substance or a prescribed concentration of such a substance; or
derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.
Nothing in subsection (1) above shall authorise the giving of a notice for the purposes of that subsection in respect of discharges from a vessel; and nothing in any regulations made by virtue of subsection (2) above shall require any discharge from a vessel to be treated as a discharge in contravention of a prohibition imposed under this section.
A notice given for the purposes of subsection (1) above shall expire at such time as may be specified in the notice.
The time specified for the purposes of subsection (4) above shall not be before the end of the period of three months beginning with the day on which the notice is given, except in a case where the Authority is satisfied that there is an emergency which requires the prohibition in question to come into force at such time before the end of that period as may be so specified.
Where, in the case of such a notice for the purposes of subsection (1) above as (but for this subsection) would expire at a time at or after the end of the said period of three months, an application is made before that time for a consent under this Chapter in respect of the discharge to which the notice relates, that notice shall be deemed not to expire until the result of the application becomes final—
on the grant or withdrawal of the application;
on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed as the period within which any such appeal must be brought; or
on the withdrawal or determination of any such appeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 85 above where— the undertaker shall be deemed to have caused the discharge.
any sewage effluent is discharged as mentioned in subsection (3) or (4) of that section from any sewer or works vested in a sewerage undertaker; and
the undertaker did not cause or knowingly permit the discharge but was bound (either unconditionally or subject to conditions which were observed) to receive into the sewer or works matter included in the discharge,
A sewerage undertaker shall not be guilty of an offence under section 85 above by reason only of the fact that a discharge from a sewer or works vested in the undertaker contravenes conditions of a consent relating to the discharge if—
the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works;
the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed; and
the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.
A person shall not be guilty of an offence under section 85 above in respect of a discharge which he caused or permitted to be made into a sewer or works vested in a sewerage undertaker if the undertaker was bound to receive the discharge there either unconditionally or subject to conditions which were observed.
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Subject to the following provisions of this section, a person shall not be guilty of an offence under section 85 above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of any act or omission under and in accordance with—
a consent given under this Chapter or under Part II of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland);
an authorisation for a prescribed process designated for central control granted under Part I of the Environmental Protection Act 1990;
a waste management or disposal licence;
a licence granted under Part II of the Food and Environment Protection Act 1985;
section 163 below or section 165 of the Water Industry Act 1991 (discharges for works purposes);
any local statutory provision or statutory order which expressly confers power to discharge effluent into water; or
any prescribed enactment.
Schedule 10 to this Act shall have effect, subject to section 91 below, with respect to the making of applications for consents under this Chapter for the purposes of subsection (1)(a) above and with respect to the giving, revocation and modification of such consents.
Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising—
any such entry or discharge as is mentioned in subsections (2) to (4) of section 85 above; or
any act or omission so far as it results in any such entry or discharge.
In this section—
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A person shall not be guilty of an offence under section 85 above in respect of the entry of any matter into any waters or any discharge if—
the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health;
that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and
particulars of the entry or discharge are furnished to the Authority as soon as reasonably practicable after the entry occurs.
A person shall not be guilty of an offence under section 85 above by reason of his causing or permitting any discharge of trade or sewage effluent from a vessel.
A person shall not be guilty of an offence under section 85 above by reason only of his permitting water from an abandoned mine to enter controlled waters.
A person shall not, otherwise than in respect of the entry of any poisonous, noxious or polluting matter into any controlled waters, be guilty of an offence under section 85 above by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland freshwaters if—
he deposits the refuse on the land with the consent of the Authority;
no other site for the deposit is reasonably practicable; and
he takes all reasonably practicable steps to prevent the refuse from entering those inland freshwaters.
A highway authority or other person entitled to keep open a drain by virtue of section 100 of the Highways Act 1980 shall not be guilty of an offence under section 85 above by reason of his causing or permitting any discharge to be made from a drain kept open by virtue of that section unless the discharge is made in contravention of a prohibition imposed under section 86 above.
In this section “mine” and “quarry” have the same meanings as in the Mines and Quarries Act 1954.
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A person shall be guilty of an offence under this section if, without the consent of the Authority, he—
removes from any part of the bottom, channel or bed of any inland freshwaters a deposit accumulated by reason of any dam, weir or sluice holding back the waters; and
does so by causing the deposit to be carried away in suspension in the waters.
A person shall be guilty of an offence under this section if, without the consent of the Authority, he—
causes or permits a substantial amount of vegetation to be cut or uprooted in any inland freshwaters, or to be cut or uprooted so near to any such waters that it falls into them; and
fails to take all reasonable steps to remove the vegetation from those waters.
A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
Nothing in subsection (1) above applies to anything done in the exercise of any power conferred by or under any enactment relating to land drainage, flood prevention or navigation.
In giving a consent for the purposes of this section the Authority may make the consent subject to such conditions as it considers appropriate.
The Secretary of State may by regulations provide that any reference to inland freshwaters in subsection (1) or (2) above shall be construed as including a reference to such coastal waters as may be prescribed.
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This section applies where the Authority, otherwise than in pursuance of a direction of the Secretary of State—
on an application for a consent under this Chapter for the purposes of section 88(1)(a) above, has refused a consent for any discharges;
in giving a discharge consent, has made that consent subject to conditions;
has revoked a discharge consent, modified the conditions of any such consent or provided that any such consent which was unconditional shall be subject to conditions;
has, for the purposes of paragraph 7(1) or (2) of Schedule 10 to this Act, specified a period in relation to a discharge consent without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent;
has refused a consent for the purposes of section 89(4)(a) above for any deposit; or
has refused a consent for the purposes of section 90 above for the doing of anything by any person or, in giving any such consent, made that consent subject to conditions.
The person, if any, who applied for the consent in question, or any person whose deposits, discharges or other conduct is or would be authorised by the consent may appeal against the decision to the Secretary of State.
The Secretary of State may by regulations provide for the conduct and disposal of appeals under this section.
Without prejudice to the generality of the power conferred by subsection (3) above, regulations under that subsection may, with prescribed modifications, apply any provision of paragraphs 1(3) to (6), 2(1) and 4(4) to (6) of Schedule 10 to this Act in relation to appeals under this section.
If, on an appeal under this section the Secretary of State is of the opinion that the decision of the Authority should be modified or reversed, he may give the Authority such directions as he thinks appropriate for requiring it—
to give a consent, either unconditionally or, in the case of a discharge consent or a consent for the purposes of section 90 above, subject to such conditions as may be specified in the direction;
to modify the conditions of any discharge consent or any consent for the purposes of section 90 above or to provide that any discharge consent which is unconditional shall be subject to such conditions as may be specified in the direction;
to modify in accordance with the direction any provision specifying a period for the purposes of paragraph 7 of Schedule 10 to this Act.
In complying with a direction under subsection (5) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 of Schedule 10 to this Act.
Nothing in any direction under subsection (5) above or in anything done in pursuance of any such direction shall be taken to affect the lawfulness or validity of anything which was done—
in pursuance of any decision of the Authority which is to be modified or reversed under the direction; and
before the direction is complied with.
In this section “discharge consent” means such a consent under this Chapter for any discharges or description of discharges as is given for the purposes of section 88(1)(a) above either on an application for a consent or, by virtue of paragraph 5 of Schedule 10 to this Act, without such an application having been made.
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The Secretary of State may by regulations make provision—
for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any controlled waters;
for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.
Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may—
confer power on the appropriate agency—
to determine for the purposes of the regulations the circumstances in which a person is required to carry out works or to take any precautions or other steps; and
by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;
provide for appeals to the Secretary of State against notices served by the appropriate agency in pursuance of provision made by virtue of paragraph (a) above; and
provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in regulation 39(1) of the Environmental Permitting Regulations.
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).
Where the appropriate national authority considers that either or both of subsections (2) and (2A) is satisfied in relation to any area, it may by order make provision—
designating that area as a water protection zone; and
regulating the carrying on in that zone of such activities as may be specified or described in the order.
For the purposes of subsection (1) above this subsection is satisfied in relation to any area if ... it is appropriate, with a view to preventing or controlling the entry of any poisonous, noxious or polluting matter into controlled waters, to prohibit or restrict the carrying on in that area of activities which the appropriate national authority considers are likely to result in the pollution of any such waters.
An order under this section may regulate activities carried on in a water protection zone by—
prohibiting or restricting the carrying on of those activities in the zone; or
imposing requirements on persons who carry on those activities in the zone to take such steps as may be specified or described in the order.
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The power under subsection (1A)(b) is exercisable only for the purpose of achievement of any applicable environmental objectives.
Without prejudice to the generality of the power conferred by virtue of subsection (1) above, an order under this section may—
confer power on the appropriate agency to determine for the purposes of the order—
the circumstances in which the carrying on of any activities is prohibited or restricted;
the circumstances in which any requirement to take steps is imposed on persons who carry on activities;
the activities to which any such prohibition or restriction or any such requirement (as the case may be) applies.
apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the appropriate agency or in contravention of any conditions subject to which any such consent is given;
provide that a contravention of a prohibition or restriction contained in the order or of a condition of a consent given for the purposes of any such prohibition or restriction or a failure to comply with a requirement to take steps contained in the order shall be an offence;
provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by the appropriate agency to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order;
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the appropriate national authority considers appropriate.
In this section, “appropriate national authority” means—
in relation to England, the Secretary of State; and
in relation to Wales, the Welsh Ministers.
For the purposes of subsection (1) this subsection is satisfied in relation to any area if it is appropriate, with a view to preventing or limiting any harm that is being or is likely to be caused to controlled waters, to regulate the carrying on in that area of activities which the appropriate national authority considers are likely to result in such harm.
In subsection (2A) “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of any environmental objectives applicable to those waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into controlled waters of any poisonous, noxious or polluting matter.
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The maximum penalties for an offence created by subsection 4(c) shall not exceed—
on summary conviction, a term of imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both); and
on conviction on indictment, imprisonment for a term not exceeding two years or a fine (or both).
The power to make an order under this section shall be exercisable by statutory instrument subject— but neither the Secretary of State nor the Welsh Ministers shall make such an order except on an application made by the appropriate agency in accordance with Schedule 11 to this Act and otherwise in accordance with that Schedule.
in the case of an order made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and
in the case of an order made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales,
In this section—
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Where the relevant Minister considers that it is appropriate to do so with a view to achieving the purpose specified in subsection (2) below in relation to any land, he may by order make provision designating that land, together with any other land to which he considers it appropriate to apply the designation, as a nitrate sensitive area.
The purpose mentioned in subsection (1) above is preventing or controlling the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use for agricultural purposes of any land.
Where it appears to the relevant Minister, in relation to any area which is or is to be designated by an order under this section as a nitrate sensitive area, that it is appropriate for provision for the imposition of requirements, prohibitions or restrictions to be contained in an order under this section (as well as for him to be able to enter into such agreements as are mentioned in section 95 below), he may, by a subsequent order under this section or, as the case may be, by the order designating that area—
with a view to achieving the purpose specified in subsection (2) above, require, prohibit or restrict the carrying on, either on or in relation to any agricultural land in that area, of such activities as may be specified or described in the order; and
provide for such amounts (if any) as may be specified in or determined under the order to be paid by one of the Ministers, to such persons as may be so specified or determined, in respect of the obligations imposed in relation to that area on those persons by virtue of paragraph (a) above.
Without prejudice to the generality of subsection (3) above, provision contained in an order under this section by virtue of that subsection may—
confer power on either of the Ministers to determine for the purposes of the order the circumstances in which the carrying on of any activities is required, prohibited or restricted and to determine the activities to which any such requirement, prohibition or restriction applies;
provide for any requirement to carry on any activity not to apply in cases where one of the Ministers has consented to a failure to carry on that activity and any conditions on which the consent has been given are complied with;
apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of one of the Ministers or in contravention of any conditions subject to which any such consent is given;
provide that a contravention of a requirement, prohibition or restriction contained in the order or in a condition of a consent given in relation to or for the purposes of any such requirement, prohibition or restriction shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above;
provide for amounts paid in pursuance of any provision contained in the order to be repaid at such times and in such circumstances, and with such interest, as may be specified in or determined under the order; and
provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by any person to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the relevant Minister considers appropriate.
The power of the relevant Minister to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; but the relevant Minister shall not make such an order except in accordance with any applicable provisions of Schedule 12 to this Act.
In this section and in Schedule 12 to this Act “the relevant Minister”—
in relation to the making of an order in relation to an area which is wholly in England or which is partly in England and partly in Wales, means the Ministers; and
in relation to the making of an order in relation to an area which is wholly in Wales, means the Secretary of State.
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Where— he may, subject to such restrictions (if any) as may be set out in the order, enter into an agreement falling within subsection (2) below.
any area has been designated as a nitrate sensitive area by an order under section 94 above; and
the relevant Minister considers that it is appropriate to do so with a view to achieving the purpose mentioned in subsection (2) of that section,
An agreement falls within this subsection if it is one under which, in consideration of payments to be made by the relevant Minister— accepts such obligations with respect to the management of that land or otherwise as may be imposed by the agreement.
the owner of the freehold interest in any agricultural land in a nitrate sensitive area; or
where the owner of the freehold interest in any such land has given his written consent to the agreement being entered into by any person having another interest in that land, that other person,
An agreement such as is mentioned in subsection (2) above between the relevant Minister and a person having an interest in any land shall bind all persons deriving title from or under that person to the extent that the agreement is expressed to bind that land in relation to those persons.
In this section “the relevant Minister”—
in relation to an agreement with respect to land which is wholly in England, means the Minister;
in relation to an agreement with respect to land which is wholly in Wales, means the Secretary of State; and
in relation to an agreement with respect to land which is partly in England and partly in Wales, means either of the Ministers.
The Secretary of State may, for the purposes of any orders under section 93 above which require the consent of the appropriate agency to the carrying on of any activities, by regulations make provision with respect to—
applications for any such consent;
the conditions of any such consent;
the revocation or variation of any such consent;
appeals against determinations on any such application;
the exercise by the Secretary of State of any power conferred on the appropriate agency by the orders;
the imposition of charges where such an application has been made, such a consent has been given or anything has been done in pursuance of any such consent; and
the registration of any such application or consent.
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applications for any such consent;
the conditions of any such consent;
the revocation or variation of any such consent;
the reference to arbitration of disputes about determinations on any such application;
the imposition of charges where such an application has been made, such a consent has been given or there has been any act or omission in pursuance of any such consent; and
the registration of any such application or consent.
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This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).
The Ministers may by order made by statutory instrument approve any code of practice issued (whether by either or both of the Ministers or by another person) for the purpose of— and may at any time by such an order approve a modification of such a code or withdraw their approval of such a code or modification.
giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and
promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,
A contravention of a code of practice as for the time being approved under this section shall not of itself give rise to any criminal or civil liability, but the appropriate agency shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—
its relevant functions, in relation to water discharge activities, under the Environmental Permitting Regulations;
any powers conferred on the appropriate agency by regulations under section 92 above.
The Ministers shall not make an order under this section unless they have first consulted the appropriate agency.
For the purposes of this Chapter, “abandonment”, in relation to a mine,— and cognate expressions shall be construed accordingly.
subject to paragraph (b) below, includes—
the discontinuance of any or all of the operations for the removal of water from the mine;
the cessation of working of any relevant seam, vein or vein-system;
the cessation of use of any shaft or outlet of the mine;
in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—
the discontinuance of some or all of those other activities in the mine; and
any substantial change in the operations for the removal of water from the mine; but
does not include—
any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or
the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016);
In this Chapter, except where the context otherwise requires—
If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to the appropriate agency at least six months before the abandonment takes effect.
A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment.
A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
A person shall not be guilty of an offence under subsection (3) above if—
the abandonment happens in an emergency in order to avoid danger to life or health; and
notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.
Where the operator of a mine is— he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the appropriate agency notice of the abandonment or proposed abandonment, containing such information as may be prescribed.
the official receiver acting in a compulsory capacity, or
the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016),
Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.
Where the appropriate agency— it shall be the duty of the appropriate agency to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.
receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and
considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the Environmental Protection Act 1990,
In this section—
Except as provided by regulations made by the Secretary of State under this section, nothing in this Part shall apply in relation to radioactive waste within the meaning of the Environmental Permitting Regulations.
The Secretary of State may by regulations—
provide for prescribed provisions of this Part to have effect with such modifications as he considers appropriate for dealing with such waste;
make such modifications of the Environmental Permitting Regulations or, in relation to such waste, of any other enactment as he considers appropriate in consequence of the provisions of this Part and of any regulations made by virtue of paragraph (a) above.
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The Secretary of State may by regulations—
make provision modifying the water pollution provisions of this Act in relation to cases in which consents under Chapter II of this Part are required by the Authority; and
for the purposes of the application of the provisions of this Part in relation to discharges by the Authority, make such other modifications of those provisions as may be prescribed.
Without prejudice to the generality of subsection (1) above, regulations under this section may provide for such consents as are mentioned in paragraph (a) of that subsection to be required to be given by the Secretary of State (instead of by the Authority) and, in prescribed cases, to be deemed to have been so given.
Except in so far as this Part expressly otherwise provides and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Part—
confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part or any subordinate legislation, consent or other instrument made, given or issued under this Part;
derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part; or
affects any restriction imposed by or under any other enactment, whether public, local or private.
Notwithstanding anything in section 127 of the Magistrates’ Courts Act 1980 (time limit for summary proceedings), a magistrates’ court may try any summary offence under this Part, or under any subordinate legislation made under this Part, if the information is laid not more than twelve months after the commission of the offence.
The Secretary of State shall have power by regulations to provide that the water pollution provisions of this Act shall have effect with such modifications as may be prescribed for the purpose of ...—
giving effect to any assimilated obligations, or
enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party.
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References in this Part to controlled waters are references to waters of any of the following classes— and, accordingly, in this Part “coastal waters”, “controlled waters”, “ground waters”, “inland freshwaters” and “relevant territorial waters” have the meanings given by this subsection.
relevant territorial waters, that is to say, subject to subsection (4) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to England and Wales is measured;
coastal waters, that is to say, any waters which are within the area which extends landward from those baselines as far as— together with the waters of any enclosed dock which adjoins waters within that area;
the limit of the highest tide; or
in the case of the waters of any relevant river or watercourse, the fresh-water limit of the river or watercourse,
inland freshwaters, that is to say, the waters of any relevant lake or pond or of so much of any relevant river or watercourse as is above the fresh-water limit;
ground waters, that is to say, any waters contained in underground strata;
In this Part any reference to the waters of any lake or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any lake, pond, river or, as the case may be, watercourse which is for the time being dry.
In this section—
“fresh-water limit”, in relation to any river or watercourse, means the place for the time being shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under section 192 below;
“inland waters” means the whole or any part of—
“discharge pipe” and “resource main” have the same meanings as in Part VII of this Act;
Subject to the following provisions of this paragraph, a member shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. A member may at any time by notice to the appropriate Minister resign his office. The appropriate Minister may remove a member if he is satisfied—
The Authority shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the appropriate Minister. The Authority shall, if so required by the appropriate Minister— as may be determined by the appropriate Minister. If, when any member ceases to hold office, the appropriate Minister determines that there are special circumstances which make it right that that member should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be so determined. Without prejudice to the other provisions of this Schedule— and the provisions of the Life Assurance Act 1774 shall not apply to any such contract. The approval of the Treasury shall be required for the making of a determination under this paragraph.
The Authority may, with the approval of the Secretary of State as to terms and conditions of service, appoint such officers and employees as it may determine. No member or other person shall be appointed by the Authority to act as chief executive of the Authority unless the Secretary of State has consented to the appointment of that person. The Authority may— Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Authority’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments. If any person— the Authority may, with the approval of the Secretary of State, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an officer or employee of the Authority. Provision made by virtue of sub-paragraph (5) above shall be without prejudice to paragraph 2 above. The consent of the Treasury shall be required for the giving of an approval under this paragraph.
Subject to the following provisions of this Schedule and to section 106 of this Act, the Authority may regulate its own procedure (including quorum).
Subject to section 106 of this Act, anything authorised or required by or under any enactment to be done by the Authority may be done—
by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority; or
by any committee or sub-committee of the Authority which has been so authorised.
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Authority by a member to the effect that— shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of the Authority in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting. The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of the Authority disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business. The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State. Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above. In this paragraph references to a meeting of the Authority include references to a meeting of any of its committees or sub-committees.
The validity of any proceedings of the Authority shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.
Minutes shall be kept of proceedings of the Authority, of its committees and of its sub-committees. Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record. Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been regularly convened and constituted.
The application of the seal of the Authority shall be authenticated by the signature of any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority. In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 10 below, the word “signed” shall be construed accordingly.
Any document which the Authority is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Authority by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority. Every document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed under the seal of the Authority, or to be signed or executed by a person authorised by the Authority for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown. Any notice which is required or authorised, by or under any enactment not contained in this Act, to be given, served or issued by or to the Authority shall be in writing.
In this Schedule—
Section 2.
The appropriate agency may at any time apply to the Ministers for an order under this Schedule transferring to the appropriate agency any of the functions or property of a navigation authority, harbour authority or conservancy authority. The power to make an order under this Schedule shall be exercisable by statutory instrument. Any transfer of functions or property which could be effected by an order under this Schedule may, with the consent of the Ministers, be effected by agreement between the appropriate agency and the other body concerned. Where, in accordance with this paragraph, the appropriate agency may apply for an order transferring any functions or property of another body, that body may itself apply for such an order. For the purposes of this Schedule the references in sub-paragraph (1) above to a navigation authority, to a harbour authority and to a conservancy authority shall each include a reference to a body which no longer has any members but which, if it had members, would be such an authority
Before determining whether to make an order on an application under paragraph 1 above, the Ministers shall— Sub-paragraph (1) above shall not require the Ministers to consult, or consider representations from, any body which no longer has any members.
If the Ministers propose to make an order on an application under paragraph 1 above, they shall prepare a draft order, and shall cause notice of their intention to make an order— A notice under sub-paragraph (1) above shall specify— Before making any order on an application under paragraph 1 above, the Ministers— and, in making the order, the Ministers may make such modifications in the terms of the draft as appear to them desirable.
An order under this Schedule may contain such incidental, supplementary, consequential and transitional provisions as the Ministers consider necessary or expedient. Without prejudice to the generality of sub-paragraph (1) above, the provision that may be included in an order by virtue of that sub-paragraph shall include such provisions as the Ministers consider necessary or expedient with respect to—
After making an order under this Schedule, the Ministers, if an objection— shall serve notice of the making of the order and of the effect of the order on the appropriate agency or, as the case may be, that body. Where a notice is required to be served under sub-paragraph (1) above, the order shall not have effect before the end of a period of twenty-eight days from the date of service of that notice. If, within the period of twenty-eight days mentioned in sub-paragraph (2) above, any body (including the appropriate agency) on which notice has been served under sub-paragraph (1) above gives notice to one of the Ministers objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
After making an order under this Schedule, the Ministers shall publish in the London Gazette, and in such other manner as they think best adapted for informing persons affected, a notice— In the case of an order to which sub-paragraph (1) of paragraph 5 above applies, a notice under sub-paragraph (1) above—
Subject to sub-paragraph (3) below, if any person aggrieved by an order under this Schedule desires to question its validity on the ground— he may, within six weeks after the first publication of the notice required by paragraph 6 above, make an application for the purpose to the High Court. Where an application under sub-paragraph (1) above is duly made to the High Court, that Court, if satisfied— may quash the order either generally or in so far as it affects the applicant. The preceding provisions of this paragraph— Except as provided by this paragraph, the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.
Where, by virtue of an order or agreement under this Schedule, property is transferred to the appropriate agency on the terms that— any payment so made by the shall be deemed to be a capital payment or an annual payment, according as the amount in respect of which it is made was paid in or towards repayment of the loan or by way of interest thereon. Property vested in the appropriate agency by virtue of an order or agreement under this Schedule shall not be treated as so vested by way of sale for the purpose of section 12 of the Finance Act 1895 (which provides for charging stamp duty in the case of certain statutory transfers by way of sale). A land transaction by which property is vested in the appropriate agency by virtue of an order or agreement under this Schedule is exempt from charge for the purposes of stamp duty land tax. Relief under sub-paragraph (3) must be claimed in a land transaction return or an amendment of such a return. In this paragraph—
The costs incurred by the Ministers in connection with the making and notification of an order under this Schedule shall be paid by the applicant for the order; and, if there is more than one, the Ministers may apportion the costs between the applicants. The Ministers may require any applicant for an order under this Schedule to give security for the payment of any costs payable by the applicant under this paragraph. The reference in sub-paragraph (1) above to any costs incurred in connection with the making and notification of an order under this Schedule includes a reference to any costs incurred in relation to any such order under the Statutory Orders (Special Procedure) Act 1945.
The Ministers shall by regulations make provision requiring the payment by the appropriate agency, subject to such exceptions or conditions as may be prescribed, of compensation to or in respect of persons who— Regulations under this paragraph may be so framed as to have effect as from a date earlier than that on which they are made; but so much of any regulations as provides that any provision is to have effect as from a date earlier than that on which they are made shall not place any person other than the appropriate agency in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made. Regulations made under this paragraph may include provision as to the manner in which, and the person to whom, any claim for compensation under this paragraph is to be made, and for the determination of all questions arising under the regulations. In this paragraph “military or other designated service” means any such service in any of Her Majesty’s forces or other employment (whether or not in the service of Her Majesty) as may be prescribed by regulations under this paragraph.
If it appears to the Ministers by whom an order is made under this Schedule that any local enactment passed or made before the relevant date— those Ministers may by order repeal, amend or adapt that enactment to such extent, or in such manner, as they may consider appropriate. Any order under this paragraph may include such transitional, incidental, supplementary and consequential provisions as the Ministers may consider necessary or expedient. The power to make an order under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. In this paragraph “relevant date” means the date which was the second appointed day for the purposes of section 133 of the Water Resources Act 1963. The provisions of this paragraph shall have effect without prejudice to the exercise of any other power to repeal, amend or adapt local enactments which is conferred by any other enactment.
In this Schedule “local enactment” means— References in this Schedule to the Ministers, in a case in which all the functions in question are exercisable in Wales and all the property in question is situated there, shall have effect as references to the Secretary of State.
The relevant Minister may by order made by statutory instrument— Where an order under this Schedule makes provision by reference to anything shown on a main river map, that map shall be conclusive evidence for the purposes of the order of what is shown on the map. The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the relevant Minister considers appropriate. In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees, the provision made by virtue of sub-paragraph (3) above may include provision determining— and subsections (6) and (7) of section 11 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section. In this paragraph and the following paragraphs of this Schedule “the relevant Minister” —
Before making an order under this Schedule, the relevant Minister shall— A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall— The relevant Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.
Before making an order under this Schedule, the relevant Minister— Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the relevant Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order. The relevant Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.
Where the relevant Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) who— Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph. If before an order takes effect under sub-paragraph (2) above— the order shall be subject to special parliamentary procedure. A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to sub-paragraph (2) below, after making an order under this Schedule, the relevant Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice— In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice—
Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground— he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court. On an application under this paragraph the High Court, if satisfied— may quash the order either generally or in so far as it affects the applicant. Sub-paragraph (1) above— Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.
.
Members of a flood defence committee (that is to say a regional flood defence committee or a local flood defence committee), other than those appointed by or on behalf of one or more constituent councils, shall hold and vacate office in accordance with the terms of their appointment. The first members of a local flood defence committee appointed by or on behalf of any one or more constituent councils— Any members of a flood defence committee appointed by or on behalf of any one or more constituent councils who are not members to whom sub-paragraph (2) above applies— If for any reason any such member as is mentioned in sub-paragraph (3) above is appointed on or after the day on which he ought to have come into office, he shall— References in this paragraph and the following provisions of this Schedule to a member of a flood defence committee include references to the chairman of such a committee.
Members of a flood defence committee appointed by or on behalf of any one or more constituent councils may be members of that council, or one of those councils, or other persons. Any member of a flood defence committee appointed by or on behalf of a constituent council who at the time of his appointment was a member of that council shall, if he ceases to be a member of that council, also cease to be a member of the committee with whichever is the earlier of the following— For the purposes of sub-paragraph (2) above a member of a council shall not be deemed to have ceased to be a member of the council by reason of retirement if he has been re-elected a member of the council not later than the date of his retirement.
Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a flood defence committee if he— Where a person is disqualified under sub-paragraph (1) above by reason of having been adjudged bankrupt, the disqualification shall cease— Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease— Where a person is disqualified under sub-paragraph (1) above by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors, the disqualification shall cease— For the purposes of sub-paragraph (1)(c) above the date of the conviction shall be taken to be— Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to disqualification under this paragraph for appointment as a member of a flood defence committee as it applies in relation to disqualification for acting as a member of a local authority.
The office of a member of a flood defence committee shall become vacant upon the fulfilment of any of the following conditions, that is to say— For the purposes of sub-paragraph (1)(d) above, the attendance of a member of a flood defence committee— shall be treated as attendance at a meeting of the committee.
The chairman of a regional flood defence committee may resign his office at any time by giving notice to the chairman of the Authority and to one of the Ministers. Any other member of such a committee may resign his office at any time by giving notice to the chairman of the committee and also, if he was appointed by one of the Ministers, to that Minister.
The chairman of a local flood defence committee may resign his office at any time by giving notice to the chairman of the regional flood defence committee. Any other member of a local flood defence committee may resign his office at any time by giving notice to the chairman of that local flood defence committee.
Where, for any reason whatsoever, the office of a member of a flood defence committee becomes vacant before the end of his term of office, the vacancy— A person appointed by virtue of sub-paragraph (1) above to fill a casual vacancy shall hold office for so long only as the former member would have held office.
Subject to the provisions of this Schedule, a member of a flood defence committee shall be eligible for reappointment.
Subject to the following provisions of this paragraph, a person nominated by one or more constituent councils may act as deputy for a member of a flood defence committee appointed by or on behalf of that council or those councils and may, accordingly, attend and vote at a meeting of the committee, instead of that member. A person nominated under sub-paragraph (1) above as deputy for a member of a flood defence committee may, by virtue of that nomination, attend and vote at a meeting of a sub-committee of that committee which— A person acting as deputy for a member of a flood defence committee shall be treated for the purposes for which he is nominated as a member of that committee. A person shall not act as deputy for a member of a flood defence committee unless his nomination has been notified to such officer of the Authority as is appointed to receive such nominations. A nomination under this paragraph shall be in writing and may apply either to a particular meeting or to all meetings during a stated period or until the nomination is revoked. A person shall not act as deputy for more than one member of a flood defence committee. Nothing in this paragraph shall entitle a person to attend and vote at a meeting of a local flood defence committee by reason of his nomination as deputy of a member of a regional flood defence committee.
The Authority shall pay to any person who is a chairman of a flood defence committee such remuneration and allowances as may be determined by the relevant Minister with the consent of the Treasury. If the relevant Minister so determines in the case of any person who is or has been chairman of a flood defence committee, the Authority shall pay or make arrangements for the payment of a pension in relation to that person in accordance with the determination. If a person ceases to be chairman of a flood defence committee and it appears to the relevant Minister that there are special circumstances which make it right that that person should receive compensation in respect of his ceasing to be chairman, the relevant Minister may require the Authority to pay to that person a sum of such amount as that Minister may determine with the consent of the Treasury. The Authority may pay to any person who is a member of a flood defence committee such allowances as may be determined by the relevant Minister with the consent of the Treasury. In this paragraph—
For the purpose of carrying out any functions in pursuance of arrangements under paragraph 12 below— The number of members of any sub-committee and their terms of office shall be fixed by the appointing committee or committees or, in the case of an under sub-committee, by the appointing sub-committee. A sub-committee appointed under this paragraph may include persons who are not members of the appointing committee or committees or, in the case of an under sub-committee, the committee or committees of whom they are an under sub-committee; but at least two thirds of the members appointed to any such sub-committee shall be members of that committee or those committees, as the case may be. A person who is disqualified for being a member of a flood defence committee shall be disqualified also for being a member of a sub-committee or under sub-committee appointed under this paragraph.
Subject to section 106 of this Act and to any other express provision contained in any enactment, a flood defence committee may arrange for the carrying out of any of their functions— and two or more regional or two or more local flood defence committees may arrange to carry out any of their functions jointly or may arrange for the carrying out of any of their functions by a joint sub-committee of theirs. Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by a sub-committee, then, unless the committee or committees otherwise direct, the sub-committee may arrange for the carrying out of any of those functions by an under sub-committee or by an officer of the Authority. Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by an under sub-committee, then, unless the committee or committees or the sub-committee otherwise direct, the under sub-committee may arrange for the carrying out of any of those functions by an officer of the Authority. Any arrangements made by a flood defence committee under this paragraph for the carrying out of any function shall not prevent the committee from discharging their functions themselves. References in the preceding provisions of this paragraph to the carrying out of any functions of a flood defence committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the carrying out of any of those functions. A regional flood defence committee shall not, under this paragraph, make arrangements for the carrying out in a local flood defence district of any functions which fall to be carried out there by the local flood defence committee.
A flood defence committee may, with the approval of the relevant Minister, make rules for regulating the proceedings of the committee. Nothing in section 105 or 106 of this Act shall entitle the Authority to make any arrangements or give any directions for regulating the proceedings of any flood defence committee. In this paragraph “relevant Minister” has the same meaning as in paragraph 10 above.
Subject to the following provisions of this paragraph, the provisions of sections 94 to 98 of the Local Government Act 1972 (pecuniary interests of members of local authorities) shall apply in relation to members of a flood defence committee as those provisions apply in relation to members of local authorities. In their application by virtue of this paragraph those provisions shall have effect in accordance with the following provisions— Subject to sub-paragraph (4) below, a member of a flood defence committee shall be disqualified, for so long as he remains such a member and for twelve months after he ceases to be such a member, for appointment to any paid office by the Authority or any regional flood defence committee. Sub-paragraph (3) above shall not disqualify any person for appointment to the office of chairman of a local flood defence committee.
Any notice or other document which a flood defence committee are required or authorised to give, make or issue by or under any enactment may be signed on behalf of the committee by any member of the committee or any officer of the Authority who is generally or specifically authorised for that purpose by a resolution of the committee. Any document purporting to bear the signature of a person expressed to be authorised as mentioned in sub-paragraph (1) above shall be deemed, unless the contrary is shown, to be duly given, made or issued by authority of the committee. In this paragraph “signature” includes a facsimile of a signature by whatever process reproduced.
A minute of the proceedings of a meeting of a flood defence committee, purporting to be signed at that or the next ensuing meeting by— shall be evidence of the proceedings and shall be received in evidence without further proof. Where a minute has been signed as mentioned in sub-paragraph (1) above in respect of a meeting of a committee or sub-committee, then, unless the contrary is shown— The validity of any proceedings of a flood defence committee shall not be affected by any vacancy among the members of the committee or by any defect in the appointment of such a member.
Section 21.
This Schedule applies in the case of any draft statement prepared under section 21 or 22 of this Act. References in this Schedule, in relation to a statement for amending the provision for determining the minimum acceptable flow of any inland waters, to the inland waters to which the statement relates are references to the inland waters to which the proposed amendment relates.
Before submitting the draft statement to the Secretary of State, the appropriate agency shall publish a notice— A notice under this paragraph shall be published either— Not later than the date on which the notice is first published in pursuance of sub-paragraph (2) above, the appropriate agency shall serve a copy of the notice on— The appropriate agency shall also publish a notice in the London Gazette— In this paragraph “related inland waters” has the same meaning as for the purposes of subsection (3) of section 21 of this Act is given by subsection (8) of that section.
The appropriate agency shall, at the request of any person, furnish him with a copy of the draft statement on payment of such charge as the appropriate agency thinks reasonable.
The Secretary of State may approve the statement either in the form of the draft or in that form as altered in such manner as he thinks fit. Where the Secretary of State— the appropriate agency shall give and publish such additional notices, in such manner, as the Secretary of State may require. Sub-paragraph (4) below shall apply if, before the end of— notice of an objection is received by the Secretary of State from any person on whom a notice is required by this Schedule to be served, or from any other person appearing to the Secretary of State to be affected by the draft statement, either as prepared in draft or as proposed to be altered. Where this sub-paragraph applies and the objection in question is not withdrawn, the Secretary of State, before approving the statement, shall either— Where under this paragraph an objection is received by the Secretary of State from— sub-paragraphs (1) to (4) above and paragraph 5 below shall have effect as if references to the Secretary of State (except the first reference in sub-paragraph (3) above) were references to the Ministers.
Where a statement is approved under this Schedule, whether in the form of the draft proposed by the appropriate agency or with alterations, the Secretary of State shall give notice to the appropriate agency— and the appropriate agency shall forthwith publish the notice. The appropriate agency shall keep a copy of every statement, as approved under this Schedule, available at its offices for inspection by the public, free of charge, at all reasonable times.
Sections 27A(4) and 39B(7)
An application to the Secretary of State for an order under section 27A(1) or 39B(3) of this Act (an “order”) shall be accompanied by a draft of the proposed order. Before submitting a draft order to the Secretary of State, the appropriate agency shall publish a notice— A notice under this paragraph shall be published either— Not later than the date on which the notice is first published in pursuance of sub-paragraph (2) above, the appropriate agency shall serve a copy of the notice on— Where an application for an order is made, the appropriate agency shall also publish a notice in the London Gazette— In this paragraph—
Where an application for an order is made, the appropriate agency shall, at the request of any person, furnish him with a copy of the draft order on payment of such charge as the appropriate agency thinks reasonable.
Where an application for an order is made, the Secretary of State may make the order either in the form of the draft or in that form as altered in such manner as he thinks fit. Where the Secretary of State— the appropriate agency shall give and publish such additional notices, in such manner, as the Secretary of State may require. Sub-paragraph (4) below shall apply if before the end of— notice of an objection is received by the Secretary of State from any person on whom a notice is required by this Schedule to be served, from any other person appearing to the Secretary of State to be affected by the order (either as prepared in draft or as proposed to be altered) or, in a case where the Secretary of State directed the appropriate agency to apply for the order, from the appropriate agency. Where this sub-paragraph applies and the objection in question is not withdrawn, the Secretary of State, before making the order, may take such steps as he sees fit and, in particular, may— Where— the Secretary of State shall not make the order except with the approval of the Secretary of State for Transport.
Where an order is made under section 27A(1) or 39B(3) of this Act, whether in the form of the draft proposed by the appropriate agency or with alterations, the Secretary of State shall give notice to the appropriate agency— and the appropriate agency shall forthwith publish the notice. The appropriate agency shall keep a copy of every order made under section 27A(1) or 39B(3) of this Act available at its offices for inspection by the public, free of charge, at all reasonable times.
Sections 48, 55, 60, 61 and 65.
Paragraphs 30 and 31 of Schedule 26 to the Water Act 1989 shall continue to apply (notwithstanding the repeals made by the Water Consolidation (Consequential Provisions) Act 1991 but subject to the following provisions of this Schedule) in relation— but for the purposes of any such application or appeal any reference in those paragraphs to a provision of the Water Resources Act 1963 which is re-enacted in this Act shall have effect, in relation to a time after the coming into force of this Act, as a reference to the corresponding provision of this Act. Where an application for the grant of a licence by virtue of paragraph 30 or 31 of Schedule 26 to the Water Act 1989 has been made before the end of the period within which such an application was required to be made under that paragraph, then— For the purposes of this paragraph an application for the grant of a licence by virtue of paragraph 30 or 31 of Schedule 26 to the Water Act 1989 above shall be taken to be disposed of on (but not before) the occurrence of whichever of the following events last occurs, that is to say— and in this sub-paragraph any reference to a decision includes a reference to a decision which is to be treated as having been made by virtue of any failure of the appropriate agency to make a decision within a specified time. Subject to the other provisions of this Schedule, any licence granted by virtue of this paragraph shall have effect as a licence under Chapter II of Part II of this Act; and, so far as necessary for the purposes of this paragraph, anything done under or for the purposes of a provision of the Water Resources Act 1963 applied by paragraph 30 or 31 of Schedule 26 to the 1989 Act, shall have effect as if that paragraph applied the corresponding provision of this Act and that thing had been done under or for the purposes of that corresponding provision.
Subsection (2) of section 48 of this Act shall not afford any defence to an action brought before 1st September 1992 if the licence referred to in that subsection is a 1989 Act licence of right; and there shall be no defence afforded to such an action by that subsection as applied by paragraph 1(2) above.
No application shall be made under section 55 of this Act (variation of licence on application of owner of fishing rights) in respect of any 1989 Act licence of right.
Where the plaintiff in any action brought against the appropriate agency in pursuance of section 60 of this Act (liability of the appropriate agency for derogation from protected right) is entitled to a protected right for the purposes of Chapter II of Part II of this Act by reason only that he is the holder of, or has applied for, a licence of right, it shall be a defence for the appropriate agency to prove— and subsection (3) of that section (liability of appropriate agency for compliance with direction requiring derogation from protected rights) shall not apply to a direction given in consequence of an appeal against the decision of the appropriate agency on an application for the grant of a 1989 Act licence of right. In this paragraph “permissible alterations”—
No compensation shall be payable under section 61 of this Act (compensation for revocation or variation of a licence) in respect of the revocation or variation of a 1989 Act licence of right if the revocation or variation is for giving effect to the decision of the court in an action in respect of which paragraph 2 above has effect or in any proceedings in consequence of such an action. Nothing in section 61(3) of this Act (compensation not payable in respect of works etc. carried out before the grant of a licence) shall apply in relation to any licence of right.
In this Schedule references to a licence of right are references to— The repeal by the Water Consolidation (Consequential Provisions) Act 1991 of paragraph 29(4) of Schedule 26 to the Water Act 1989 shall not prevent any licence granted as mentioned in paragraph (b) of sub-paragraph (1) above from continuing (in accordance with paragraph 1 of Schedule 2 to that Act of 1991 and subject to the preceding provisions of this Schedule) to have effect after the coming into force of this Act as a licence under Chapter II of Part II of this Act.
Section 73.
The applicant for a drought order shall— The said Table is as follows— All orders (a) The Agency (where it is not the applicant). (b) Every local authority (not being an English county council) and water undertaker (not being the applicant) whose area would be affected by the order. Orders which suspend or modify any enactment or any order or scheme made or confirmed under any enactment. Such persons (if any) as are specified by name in the enactment, order or scheme as being persons for whose protection it was enacted or made. Orders concerning the taking of water from a source or the discharge of water or effluent to a place. (a) Every local authority (not being an English county council) in whose area the source, or the place at which water or effluent is to be discharged, is situated.(b) Every drainage board for an internal district in which the source, or the place at which water or effluent is to be discharged, is situated.(c) Every navigation authority exercising functions over any watercourse affected by the order.(d) If the order concerns any environmental permit relating to the discharge of sewage effluent or trade effluent, the person to whom the environmental permit was given. Orders which authorise the carrying out of any works. (a) Every local authority (not being an English county council) within whose area the works are situated.(b) If the order authorises the carrying out of works in, under or over a watercourse, every drainage board for an internal drainage district within which the works, or any part of the works, are situated. Orders which authorise the occupation and use of land. Every owner, lessee and occupier of the land. Orders which prohibit or limit the taking of water. Every named person to whom the prohibition or limitation applies. A notice for the purposes of this paragraph of an application for a drought order— A notice sent in a letter in pursuance of section 220 of this Act to an address to which it may be sent in pursuance of that section shall not be treated as having been properly served for the purposes of this paragraph unless the sender takes such steps as are for the time being required to secure that the letter is transmitted in priority to letters of other descriptions.
If any objection is duly made with respect to an application for a drought order and is not withdrawn, then, subject to the provisions of this paragraph, the Secretary of State shall, before making the order, either— Subject to sub-paragraph (3) below, where, on an application for a drought order, it appears to the Secretary of State that a drought order is required to be made urgently if it is to enable the deficiency of supplies of water to be effectively met, he may direct that the requirements of sub-paragraph (1) above shall be dispensed with in relation to the application. Nothing in sub-paragraph (2) above shall authorise the Secretary of State to fail to consider any objection to a proposed drought order which has been duly made and not withdrawn. Notwithstanding anything in sub-paragraph (1) above, the Secretary of State may— Subject to the requirements of this paragraph, the Secretary of State, upon being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order in respect of which the application is made with or without modifications. The Secretary of State may hold a local inquiry on any application for a drought order notwithstanding that he is not required to do so by this paragraph. For the purposes of subsection (2) of section 53 of the 1995 Act (which applies subsections (2) to (5) of section 250 of the Local Government Act 1972 to inquiries in connection with functions of or in relation to the Agency or in connection with relevant environmental functions of or in relation to the NRBW) as modified by subsection (4) of that section, a local inquiry held under this paragraph with respect to an application by a water undertaker for a drought order, if it would not otherwise fall within paragraph (a) or (b) of that subsection, is to be treated as one which falls within paragraph (b).
After a drought order has been made, the person on whose application it was made shall cause to be published (in the manner in which notice of the application was required under paragraph 1 above to be published) a notice—
stating that the order has been made; and
naming a place where a copy of it may be inspected.
Section 79.
Where a drought order has been made, compensation in respect of the entry upon or occupation or use of land shall be made by the applicant for the order to— for loss or damage sustained by reason of the entry upon, occupation or use of the land.
the owners and occupiers of the land; and
all other persons interested in the land or injuriously affected by the entry upon, occupation or use of the land,
This paragraph shall apply for determining the compensation to be made, in addition to any made under paragraph 1 above, where an ordinary drought order has been made. Compensation in respect of the taking of water from a source or its taking from a source otherwise than in accordance with a restriction or obligation which has been suspended or modified shall be made by the applicant for the order to— for loss or damage sustained by reason of the taking of the water. Compensation in respect of water’s being discharged or not discharged to any place or its being discharged otherwise than in accordance with a restriction or obligation (whether relating to the treatment or discharge of the water) which has been suspended or modified shall be made by the applicant for the order to— for loss or damage sustained by reason of the water being discharged or not discharged or being discharged otherwise than in accordance with the restriction or obligation. Compensation in respect of the imposition of a prohibition or limitation on the taking of water from a source shall be made by the applicant for the order, to any persons to whom the prohibition or limitation applies, for loss or damage sustained by reason of the prohibition or limitation. Compensation in respect of a power to make discharges of sewage effluent or trade effluent in pursuance of any environmental permit shall be made by the applicant for the order, to any person who has been exercising that power, for loss or damage sustained by reason of the suspension or variation of the environmental permit or the attachment of conditions to the environmental permit.
A claim for compensation under this Schedule shall be made by serving upon the applicant a notice stating the grounds of the claim and the amount claimed. Any question as to the right of a claimant to recover compensation, or as to the amount of compensation recoverable, shall, in default of agreement, be referred to, and determined by, the Upper Tribunal .
A claim for compensation under paragraph 2 above may be made at any time not later than six months after the end of the period for which the order authorises, as the case may be— Where a claim for compensation under paragraph 2 above is made during the continuance of the ordinary drought order, the Upper Tribunal may, if it thinks fit, award a sum representing the loss or damage which is likely to be sustained by the claimant in respect of each day on which, as the case may be— In assessing the compensation to be made under paragraph 2(2) above the Upper Tribunal may, if it thinks fit, have regard to the amount of water which, on an equitable apportionment of the water available from the source between the claimant, the applicant and other persons taking water from the source, may fairly be apportioned to the claimant. In assessing the compensation to be made under paragraph 2(3) above in respect of the lack of discharge of compensation water, the Upper Tribunal may, if it thinks fit, have regard to the amount of water which, under the conditions existing by reason of the shortage of rain, would have been available to the claimant during the period during which the deficiency of supplies of water is continued, if the applicant in relation to whom the obligation was imposed had never carried on its undertaking. In sub-paragraph (4) above “compensation water” has the same meaning as in section 77 of this Act.
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Section 93.
Where the appropriate agency applies to the Secretary of State for an order under section 93 of this Act, it shall— The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall—
Where the appropriate agency has applied for an order under section 93 of this Act, it shall, at the request of any person and on payment by that person of such charge (if any) as the appropriate agency may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 1 above.
On an application for an order under section 93 of this Act, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraph (2) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order. The Secretary of State shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the appropriate agency has given and published such additional notices, in such manner, as the Secretary of State may have required. Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the Secretary of State of any draft order include any modification of the area designated by the draft order as a water protection zone.
Without prejudice to section 53 of the 1995 Act (inquiries and other hearings), where an application for an order under section 93 of this Act has been made, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before making any order on the application.
Section 94.
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Section 103.
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Section 108.
As soon as any scheme under section 108 of this Act has been submitted to one of the Ministers, the appropriate agency shall—
send copies of the scheme to every internal drainage board, local authority, navigation authority, harbour authority and conservancy authority affected by it; and
publish, in one or more newspapers circulating in the area affected by the scheme, a notice stating—
that the scheme has been submitted to that Minister;
that a copy of it is open to inspection at a specified place; and
that representations with respect to the scheme may be made to that Minister at any time within one month after the publication of the notice.
Before either of the Ministers makes an order under section 108 of this Act, he shall cause notice of— to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below. The persons referred to in sub-paragraph (1) above are— In sub-paragraph (2) above “drainage body” has the same meaning as in section 108 of this Act.
Before either of the Ministers makes an order under section 108 of this Act he— Each of the Ministers may, in making an order under section 108 of this Act, make such modifications in the terms of the draft as appear to him to be desirable and may confirm the scheme to which the order relates either with or without modifications.
As soon as may be after an order under section 108 of this Act has effect one of the Ministers shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice—
stating that the order has come into force; and
naming a place where a copy of it may be seen at all reasonable hours.
If any person aggrieved by an order under section 108 of this Act desires to question its validity on the ground— he may, within six weeks of the date of the publication of the notice mentioned in paragraph 4 above, make an application for the purpose to the High Court. Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied— may quash the order either generally or in so far as it affects the applicant. Except by leave of the Court of Appeal, no appeal shall lie to the Supreme Court from a decision of the Court of Appeal in proceedings under this paragraph. Subject to the preceding provisions of this paragraph an order under section 108 of this Act shall not at any time be questioned in any legal proceedings whatsoever.
The Ministers may make regulations in relation to—
the publication of notices under paragraph 2 or 4 above;
the holding of public local inquiries under this Schedule and procedure at those inquiries; and
any other matters of procedure respecting the making of orders under section 108 of this Act.
Sections 135 and 138.
A drainage charge— Every drainage charge shall be raised for a year ending on 31st March and shall be raised before or during the year for which it is raised. Without prejudice to their powers by virtue of section 112 of this Act, the Ministers shall each have power by regulations to prescribe the forms of drainage charges and of demands for drainage charges.
A drainage charge shall not be valid unless notice of the charge is given by the appropriate agency in accordance with sub-paragraph (2) below within ten days of the date on which it is raised. The notice must—
Subject to paragraphs 4 and 5 below— A drainage charge shall be assessed on the person who at the date of the raising of the charge is the occupier of the relevant land. The full amount of a drainage charge may be recovered by the appropriate agency from any person who is the occupier of the relevant land at any time during the period for which the charge is raised; but a person who is in occupation of the relevant land for part only of the period for which the charge is raised shall be liable, by virtue of sub-paragraph (4) below, to bear a proportionate part only of the charge. If a person who is in occupation of the relevant land for part only of a period for which a drainage charge is raised is required under sub-paragraph (3) above to pay the full amount of the charge, he may (subject to any agreement to the contrary) recover, from any other person who has been in occupation of the land for part of that period, the amount which that other person is liable to bear.
The appropriate agency may serve on the owner of any land a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that land. The owner of any land shall be guilty of an offence if— A person guilty of an offence under sub-paragraph (2) above shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale; and a person convicted by virtue of paragraph (a) of that sub-paragraph shall be liable to a further conviction by virtue of that paragraph if, after conviction, he continues without reasonable excuse to fail to comply with the notice in question. Where the name of any person liable to be assessed to any drainage charge is not known to the appropriate agency, it shall be sufficient to assess him to the charge by the description of the “occupier” of the premises (naming them) in respect of which the assessment is made, without further name or description. For the purposes of this Schedule the owner of any land shall be deemed to be its occupier during any period during which it is unoccupied. Sub-paragraphs (1) to (3) above shall be without prejudice to the provisions of Part VIII of this Act.
Subject to paragraph 6 below, the appropriate agency may make arrangements with the owner of any chargeable land for any drainage charges which may be raised by the appropriate agency for any period in respect of the land to be levied on the owner, instead of on the occupier of the land. Where arrangements under this paragraph are made— Subject to sub-paragraph (4) below, where in pursuance of any arrangements under this paragraph the owner of any land pays drainage charges in respect of the land to the appropriate agency either— the appropriate agency shall make to him an allowance equal to ten per cent. of the full amount of the charges. No allowance shall be made under sub-paragraph (3) above in respect of charges which, apart from this paragraph, are payable for any period by the owner in pursuance of paragraph 4(5) above. Where arrangements are made under this paragraph, it shall be the duty of the appropriate agency to give notice of the arrangements, forthwith after they are made, to the occupier of the land affected by them. The owner of any land who is a party to any arrangements under this paragraph in respect of the land may recover from the occupier of the land a sum equal to the amount of any drainage charges in respect of the land which, apart from the arrangements, would be payable by the occupier.
The occupier of any chargeable land may, by notice given to the appropriate agency, determine— and may, by a notice so given, revoke any determination under this sub-paragraph so far as it prohibits the making of any such arrangements in respect of the land. A notice under sub-paragraph (1) above shall take effect on the day following that on which it is given to the appropriate agency. Where notice is given to the appropriate agency under sub-paragraph (1) above, it shall be the duty of the appropriate agency to send a copy of the notice to the owner of the land to which it relates.
Where land is chargeable land during part only of the year for which a drainage charge is raised, a proportionate part only of the charge shall be payable in respect of that land; and any amount overpaid shall be repaid. Where the area of chargeable land in respect of which, apart from this sub-paragraph, a sum is payable by any person by way of a drainage charge consists of or includes a fraction of a hectare, then for the purpose of calculating that sum the fraction shall be disregarded if it is less than one-half and treated as one hectare in any other case.
The sum payable by way of a drainage charge in respect of chargeable land consisting of commercial woodlands shall be calculated as if the area of the land were one-fifth of its actual area. In the application of paragraph 7(2) above to chargeable land to which sub-paragraph (1) above applies the area ascertained in pursuance of sub-paragraph (1) above (and not the area of which it is one-fifth) shall be treated as the area in relation to which paragraph 7(2) above has effect.
The appropriate agency may serve on any person appearing to it to be the occupier of any land a notice requiring him to furnish a return under sub-paragraph (2) below to the appropriate agency within twenty-eight days beginning with the date of service of the notice on him. The return required of a person by a notice under sub-paragraph (1) above is a return, in writing and in such form as may be specified in the notice, containing such particulars as may reasonably be required for the purpose of enabling the appropriate agency to determine— If any person on whom notice has been served under sub-paragraph (1) above— he shall be guilty of an offence A person guilty of an offence under sub-paragraph (3) above shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale; and a person convicted by virtue of paragraph (a) of that sub-paragraph shall be liable to a further conviction by virtue of that paragraph if, after conviction, he continues without reasonable excuse to fail to comply with the notice in question. This paragraph shall be without prejudice to the provisions of Part VIII of this Act.
The appropriate agency may, as respects any drainage charge raised by it for the current or the preceding year, make such amendments in any demands or other documents relating to the charge as appear to the appropriate agency necessary in order to make the raising, levying and collection of the charge conform with this Act. In particular, the appropriate agency may— The appropriate agency shall serve a notice of any amendment made by the appropriate agency in pursuance of this paragraph on the occupier of all land affected thereby. Where an amendment is made in pursuance of this paragraph—
If any person is aggrieved by— he may appeal to the county court ... . Notice of appeal under this paragraph, specifying the grounds of appeal, must be given within the required period— For the purposes of sub-paragraph (2) above the required period is twenty-eight days after the date on which the demand is made or, as the case may be, notice of the amendment is served on the appellant. On an appeal under this paragraph the court shall, as it thinks just, either confirm the demand or annul or modify it.
Arrears of any drainage charge may be recovered by the appropriate agency in the same manner in which arrears of a non-domestic rate may be recovered under the Local Government Finance Act 1988 by a billing authority within the meaning of that Act. Without prejudice to its powers by virtue of section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act, the appropriate agency may by resolution authorise any member or officer of the appropriate agency, either generally or in respect of particular proceedings— In proceedings for the recovery of arrears of a drainage charge the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under paragraph 11 above. The appropriate agency shall not be required to demand or enforce payment of a drainage charge in any case where the amount of the charge is insufficient to justify the expense of collection.
The appropriate agency and any relevant authority may enter into agreements for— The appropriate agency may make arrangements with either of the Ministers for the exercise by him on behalf of the appropriate agency, in such cases as may be determined in pursuance of the arrangements, of the powers conferred on the appropriate agency by paragraph 9 above. Any arrangements under sub-paragraph (2) above shall contain provision for the reimbursement by the appropriate agency of any expenses incurred by the Minister in question in pursuance of the arrangements. In this paragraph—
Section 137.
Before submitting a special charges scheme to either of the Ministers, the appropriate agency shall consult organisations appearing to it to represent the interests of persons engaged in agriculture in the area designated in the scheme. As soon as any special charges scheme has been submitted to either of the Ministers, the appropriate agency shall— Where the appropriate agency submit a special charges scheme which designates any watercourse wholly or partly within an internal drainage district, then (unless the appropriate agency is the drainage board for that district) the scheme must be accompanied either— For the purposes of sub-paragraph (2) above “the relevant area” is the area designated in the scheme.
Subject to the following provisions of this Schedule the Minister to whom a special charges scheme has been submitted may by order made by statutory instrument confirm the scheme either with or without modifications. Neither of the Ministers shall confirm a special charges scheme unless he is satisfied that the scheme is reasonable and financially sound, having regard to all the circumstances, and in particular to any contributions from local authorities and internal drainage boards which, if the scheme is confirmed, are likely to be available to the appropriate agency in addition to the special drainage charge authorised by the scheme. An order confirming a special charges scheme may contain provisions with respect to the persons by whom all or any of the expenses incurred by either of the Ministers or by other persons in connection with the making or confirmation of the order, or the making of the scheme, are to be borne.
Before either of the Ministers makes an order confirming a special charges scheme he shall cause notice of— to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below. The persons referred to in sub-paragraph (1) above are— In sub-paragraph (2) above “drainage body” has the same meaning as in section 108 of this Act.
Before either of the Ministers makes an order confirming a special charges scheme, he— Each of the Ministers shall have power, in making an order confirming a special charges scheme, to make such modifications in the terms of the draft as appear to him to be desirable.
After either of the Ministers has made an order confirming a special charges scheme, the order (together with a notice under sub-paragraph (2) below) shall be published in such manner as he thinks best adapted for informing the persons affected. A notice under this sub-paragraph is a notice—
If— the Minister who made the order shall confirm the order and it shall thereupon have effect. If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure. An order confirming a special charges scheme shall in any event be subject to special parliamentary procedure if the Minister who makes the order so directs. The Minister who makes an order confirming a special charges scheme may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order that is subject to special parliamentary procedure.
As soon as may be after an unconfirmed order has effect, the Minister who made the order shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice—
stating that the order has come into force; and
naming a place where a copy of it may be seen at all reasonable hours.
If any person aggrieved by an unconfirmed order desires to question its validity on the ground— he may, within six weeks of the relevant date, make an application for the purpose to the High Court. Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied— may quash the order either generally or in so far as it affects the applicant. Except by leave of the Court of Appeal, no appeal shall lie to the Supreme Court from a decision of the Court of Appeal in proceedings under this paragraph. Subject to the preceding provisions of this paragraph an unconfirmed order shall not at any time be questioned in any legal proceedings whatsoever. In this paragraph “the relevant date”, in relation to an order, means—
The Ministers may make regulations in relation to—
the publication of notices under this Schedule;
the holding of public local inquiries under this Schedule and procedure at those inquiries; and
any other matters of procedure respecting the making of orders confirming a special charges scheme.
In this Schedule— Section 113 of this Act shall apply for the interpretation of this Schedule as it applies for the interpretation of Part IV of this Act.
Section 143.
The power to make an order under section 143 of this Act shall be exercisable by statutory instrument.
The Secretary of State may hold inquiries for the purposes of section 143 of this Act as if those purposes were purposes of the Ministry of Transport Act 1919; and section 20 of that Act (power to hold inquiries) shall have effect accordingly. The Secretary of State may make such order as to the payment of costs incurred by him in connection with any such inquiry as he may think just.
After the Secretary of State has made an order under section 143 of this Act, the order, together with a notice under sub-paragraph (2) below, shall be published in such manner as he thinks best adapted for informing the persons affected. A notice under this sub-paragraph is a notice—
If— the Secretary of State shall confirm the order and it shall thereupon have effect. If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure. An order under section 143 of this Act shall, in any event, be subject to special parliamentary procedure if the Secretary of State so directs. The Secretary of State may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order under section 143 of this Act that is subject to special parliamentary procedure.
Section 154.
Subject to the following provisions of this Schedule, the enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under section 154 of this Act of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.
The Compulsory Purchase Act 1965 (in the following provisions of this Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory acquisition under section 154 of this Act of a right by the creation of a new right as it applies to the compulsory acquisition under that section of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to— Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under section 154 of this Act of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
the right acquired or to be acquired; or
the land over which the right is or is to be exercisable.
The Compulsory Purchase Act 1965 (in the following provisions of this Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory acquisition under section 154 of this Act of a right by the creation of a new right as it applies to the compulsory acquisition under that section of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to— Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under section 154 of this Act of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—
Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
The following provisions of the 1965 Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say— shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.
section 9(4) (refusal by owners to convey);
paragraph 10(3) of Schedule 1 (owners under incapacity);
paragraph 2(3) of Schedule 2 (absent and untraced owners); and
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) shall be modified correspondingly.
Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under section 154 of this Act of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.
Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
Section 168.
Where the appropriate agency applies to either of the Ministers for a compulsory works order, it shall— The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order by the appropriate agency shall— The persons mentioned in sub-paragraph (1)(c) above in relation to an application for a compulsory works order a draft of which has been submitted to either of the Ministers are— In this paragraph “relevant locality”, in relation to an application for an order, means—
Where the appropriate agency is applying for a compulsory works order, it shall, at the request of any person and on payment by that person of such charge (if any) as the appropriate agency may reasonably require, furnish that person with a copy of any draft order submitted to either of the Ministers under paragraph 1 above and of any relevant map or plan.
On an application for a compulsory works order, the Minister or the Secretary of State may make the order either in the terms of the draft order submitted or, subject to sub-paragraphs (2) and (3) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order. Neither of the Ministers shall make such a modification of a draft order as he considers is likely adversely to affect any persons unless he is satisfied that the appropriate agency has given and published such additional notices, in such manner, as he may have required. Neither of the Ministers shall, unless all interested parties consent, make a compulsory works order so as to confer in relation to any land any powers of compulsory acquisition which would not have been conferred in relation to that land if the order were made in the terms of the draft order submitted under paragraph 1 above. Where one of the Ministers refuses, on an application for a compulsory works order, to make an order, the appropriate agency shall, as soon as practicable after the refusal, notify the refusal to every person on whom it was, by virtue of paragraph 1(1)(c)(i) above, required to serve a copy of the notice with respect to the application.
If, where an application for a compulsory works order has been made, either of the Ministers receives any notice of an objection to it, before the end of the relevant period, from— then, unless the objection is withdrawn, the Minister or the Secretary of State shall, before making the order, either cause a local inquiry to be held or afford to the objector and to the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by him for the purpose. Where any objection received by one of the Ministers as mentioned in sub-paragraph (1) above relates to any powers of compulsory acquisition, the Minister or the Secretary of State— In this paragraph “the relevant period”, in relation to an application for any order, means the period ending with whichever is the later of— together, in the case of an application for an order modifications to which have been proposed by the Minister considering the application, with any further periods specified with respect to the modifications in notices under paragraph 3(2) above.
As soon as practicable after a compulsory works order has been made, the appropriate agency shall— The notice required by virtue of sub-paragraph (1)(a) above to be published with respect to a compulsory works order shall— Where a compulsory works order has been made, the appropriate agency shall, at the request of any person and on payment by that person of such charge (if any) as the appropriate agency may reasonably require, furnish that person with a copy of the order and of any relevant map or plan. In this paragraph “relevant locality”, in relation to any compulsory works order, means—
Without prejudice to the provisions of Schedule 23 to this Act— shall apply in relation to so much of a compulsory works order as confers powers of compulsory acquisition as they apply in relation to a compulsory purchase order made by virtue of section 154 of this Act and, accordingly, shall so apply, where the case so requires, with the modifications made by Schedule 18 to this Act. Subject to the provisions of sub-paragraph (6) below, if any person aggrieved by a compulsory works order containing powers of compulsory acquisition, or by a certificate given under the special land provisions in connection with such an order, desires— he may make an application for the purpose to the High Court at any time before the end of the period of six weeks beginning with the date on which notice of the making of the order is first published in accordance with paragraph 5 above or, as the case may be, notice of the giving of the certificate is first published in accordance with the special land provisions. On any application under sub-paragraph (2) above with respect to any order or certificate, the High Court— Except as provided by sub-paragraph (2) above, the validity of any such order or certificate as is mentioned in that sub-paragraph shall not, either before or after the order or certificate has been made or given, be questioned in any legal proceedings whatsoever. Subject to any order of the High Court under sub-paragraph (3) above, any such order or certificate as is mentioned in sub-paragraph (2) above shall become operative (except, in the case of an order, where it is subject by virtue of the special land provisions to special parliamentary procedure) on the date on which notice of the making or giving of the order or certificate is published as mentioned in the said sub-paragraph (2). Where an order such as is mentioned in sub-paragraph (2) above is subject to special parliamentary procedure, sub-paragraphs (2) to (4) of this paragraph— In this paragraph—
Where— no compensation shall be payable by virtue of sub-paragraph (1) of paragraph 6 above in respect of any land or interest injuriously affected by the carrying out of those operations, in so far as that land or interest is injuriously affected by the abstraction of water, or the obstruction or impeding of the flow, in accordance with the provisions of the licence.
in connection with any engineering or building operations to which a compulsory works order relates, a licence under Chapter II of Part II of this Act is granted, or is deemed to be granted, to the appropriate agency; and
that licence is a licence to abstract water or to obstruct or impede the flow of any inland waters,
If the value of any interest in any relevant land is depreciated by the coming into force of so much of any compulsory works order as— the person entitled to that interest shall be entitled to compensation from the appropriate agency of an amount equal to the amount of the depreciation. Where the person entitled to an interest in any relevant land sustains loss or damage which— he shall be entitled to compensation from the appropriate agency in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above. Where any damage to, or injurious affection of, any land which is not relevant land is attributable to so much of any compulsory works order as— the appropriate agency shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land. A person who sustains any loss or damage which is attributable to any discharge of water made by the appropriate agency in pursuance of a compulsory works order shall be entitled to recover compensation from the appropriate agency in respect of the loss or damage. For the purposes of sub-paragraph (4) above any extra expenditure— shall be deemed to be a loss sustained by the undertaker or public authority and to be so attributable. Any question of disputed compensation under this paragraph, shall be referred to and determined by the Upper Tribunal; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications. For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (7) above is subject to a mortgage— In this paragraph “relevant land”, in relation to a compulsory works order, means any land which is not land in relation to which powers of compulsory acquisition are conferred by the order but is—
The provisions of section 179 and paragraphs 1, 2 and 5 of Schedule 22 to this Act shall apply, as they apply in relation to the carrying out of works in exercise of the powers specified in those provisions, in relation to the carrying out of works by virtue of an authority granted by so much of any compulsory works order as makes provision other than provision conferring powers of compulsory acquisition.
In this Schedule— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 173.207.
Without prejudice to any power exercisable by virtue of a warrant under this Schedule, no person shall make an entry into any premises or vessel by virtue of any power conferred by sections 169 to 172 of this Act except— For the purposes of this paragraph the required notice is seven days’ notice; but such notice shall not be required in the case of an exercise of a power conferred by section 169 or 172 above, except where the premises in question are residential premises, the vessel in question is used for residential purposes or the entry in question is to be with heavy equipment. For the purposes of the application of this paragraph to the power conferred by section 170 of this Act the reference in sub-paragraph (1) above to an emergency— Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (3) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).
If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the power in relation to those premises, or that vessel, in accordance with the warrant and, if need be, by force. The conditions mentioned in sub-paragraph (1)(b) above are— A justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises or vessel has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied— For the purposes of the application of this Schedule to the powers conferred by section 171 of this Act in a case to which subsection (4) of that section applies, a justice of the peace shall not issue a warrant under this Schedule unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case. Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.
A person designated as the person who may exercise any power to which this Schedule applies shall produce evidence of his designation and other authority before he exercises the power.
A person authorised to enter any premises or vessel by virtue of any power to which this Schedule applies shall be entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take with him on to the premises or vessel such other persons and such equipment as may be necessary.
A person who enters any premises or vessel in the exercise of any power to which this Schedule applies shall leave the premises or vessel as effectually secured against trespassers as he found them.
Where any person exercises any power to which this Schedule applies, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of— Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage— Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—
A person who intentionally obstructs another person acting in the exercise of any power to which this Schedule applies shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
In this Schedule— References in this Schedule to a power to which this Schedule applies are references to any power conferred by Chapter II of Part VI of this Act, including a power exercisable by virtue of a warrant under this Schedule. For the purposes of paragraphs 5 and 6 above a person enters any premises or vessel by virtue of a power to which this Schedule applies notwithstanding that he has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with-
Section 177.
This paragraph applies, in relation to the appropriate agency, to the powers conferred on it in relation to streets by sections 159 and 162 of this Act. It shall be the duty of the appropriate agency— Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State. Until the coming into force of Part III of the New Roads and Street Works Act 1991, a payment of compensation under this paragraph shall be treated for the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) as made under an enactment passed before that Act of 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this paragraph).
If the value of any interest in any relevant land is depreciated by virtue of the exercise by the appropriate agency of any power to carry out pipe-laying works on private land, the person entitled to that interest shall be entitled to compensation from the appropriate agency of an amount equal to the amount of the depreciation. Where the person entitled to an interest in any relevant land sustains loss or damage which— he shall be entitled to compensation from the appropriate agency in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above. Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the appropriate agency, of any power to carry out pipe-laying works on private land, the appropriate agency shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land. The Secretary of State may by regulations make provision requiring the appropriate agency, where it is proposing or has begun, in a prescribed case, to exercise any power to carry out pipe-laying works on private land, to make advance payments on account of compensation that will become payable in respect of the exercise of that power. In this paragraph “relevant land”, in relation to any exercise of a power to carry out pipe-laying works on private land, means the land where the power is exercised or land held with that land. In this paragraph the references to a power to carry out pipe-laying works on private land are references to any of the powers conferred by virtue of section 160 or 162(3) of this Act.
Any question of disputed compensation under paragraph 2 above shall be referred to and determined by the Upper Tribunal ; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications. For the purpose of assessing any compensation under paragraph 2 above, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (2) above is subject to a mortgage— Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under paragraph 2 above to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—
It shall be the duty of the appropriate agency— For the purposes of sub-paragraph (1) above any extra expenditure— shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by that section. Any dispute as to whether compensation should be paid under sub-paragraph (1) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
Where injury is sustained by any person by reason of the exercise by the appropriate agency of any powers under section 165(1) to (3) of this Act, the appropriate agency shall be liable to make full compensation to the injured party. In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the Upper Tribunal . Where injury is sustained by any person by reason of the exercise by the appropriate agency of its powers under subsection (1)(b) of section 167 of this Act—
Section 178.
Nothing in any of the provisions of this Act conferring power on the appropriate agency to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere— as to affect injuriously those works or that property or the carrying on of that undertaking. A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld. Subject to the following provisions of this Schedule, any dispute— shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. The following are the undertakings protected by this paragraph, that is to say- In sub-paragraph (4)(a) above “universal service provider" has the same meaning as in Part 3 of the Postal Services Act 2011; and the reference to the provision of a universal postal service shall be construed in accordance with that Part. For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (4)(d) above, to the persons carrying on the undertaking is a reference to the airport operator. The reference in sub-paragraph (1) above to the provisions of this Act conferring power to carry out works includes (without prejudice to the extent of that reference apart from this sub-paragraph) a reference to any provisions of any order under section 108 of this Act by virtue of which any such power is conferred.
Subject to sub-paragraph (2) below, nothing in— shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by paragraph 1 above. Nothing in this paragraph shall be taken to exclude the application of section 109 of this Act to any work executed by persons carrying on an undertaking protected by paragraph 1 above. Sub-paragraph (6) of paragraph 1 above shall apply for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph. This paragraph shall be without prejudice to any power under this Act to transfer the functions of any authority.
Subject to the following provisions of this paragraph and without prejudice to the other provisions of this Schedule, the powers under the street works provisions to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)— except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs. Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by the street works provisions for the carrying out of emergency works, within the meaning of Part III of the New Roads and Street Works Act 1991. A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld. Any dispute— shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. If the appropriate agency contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. The restrictions contained in paragraphs (1) to (5) of section 32 of the Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by the street works provision s— In this paragraph “the street works provisions” means sections 159 and 162(2) of this Act. Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (2) above shall have effect as if the reference to Part III of that Act were a reference to the Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).
Without prejudice to the preceding provisions of this Schedule, nothing in the flood defence provisions of this Act shall authorise any person, except with the consent of the railway company in question, to interfere with— A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld. Subject to the following provisions of this Schedule, any dispute— shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply to the appropriate agency for the purposes of any works carried out by the appropriate agency in exercise of any of the powers conferred by any enactment (including section 37 of the 1995 Act or, as the case may be, article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).
In this Schedule “railway company” means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway.
Section 182.
This paragraph applies in each of the following cases, that is to say— Subject to sub-paragraph (3) below, the appropriate agency shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the appropriate agency unless express provision to the contrary is contained— The appropriate agency shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purpose of constructing, making, erecting or laying any part of its undertaking.
If the owner of any mines or minerals underlying any part of the appropriate agency's undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the appropriate agency. On receipt of a notice under sub-paragraph (1) above the appropriate agency may cause the mines or minerals to be inspected by a person designated by it for the purpose. Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the appropriate agency— the owner shall not work the mines or minerals except to such extent as may be determined by the appropriate agency, and the appropriate agency shall so compensate the owner. Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Upper Tribunal. If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the appropriate agency, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question. If any damage to the undertaking of the appropriate agency is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of its undertaking—
If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the appropriate agency. Communication works cut or made under this paragraph— Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking. Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the appropriate agency shall pay full compensation to him for the loss or damage. Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines. In this paragraph “communication works” means airways, headways, gateways or water levels.
Where mines or minerals underlying any part of the appropriate agency's undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the appropriate agency shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of— and shall pay for any minerals not purchased by the appropriate agency which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the appropriate agency's undertaking. Any dispute as to whether any sum should be paid under this paragraph, or as to the amount payable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the appropriate agency and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.
Any person designated in writing for the purpose by the appropriate agency may, for any purpose specified in sub-paragraph (2) below— The purposes mentioned in sub-paragraph (1) above are— A person authorised to enter any premises under this paragraph may— Schedule 20 to this Act shall apply in relation to the powers conferred by this paragraph as it applies to the powers conferred by sections 169 to 172 of this Act.
Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting the appropriate agency from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein.
In this Schedule— For the purposes of this Schedule the appropriate agency's undertaking shall be taken to consist of so much of any of the following as is for the time being vested in or held by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions, that is to say— References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals. For the purposes of this Schedule land shall be treated as acquired by the appropriate agency in pursuance of powers of compulsory acquisition if it— In relation to any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition, references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before 1st September 1989 had effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule. For the purposes of this Schedule where— then for the purposes of this Schedule that distance (instead of the distance specified in subsection (1) above) shall be the designated distance in relation to that part of the undertaking.
Section 204.
Any Minister of the Crown. ... The Competition and Markets Authority. The Office of Communications The Civil Aviation Authority. The Director General of Gas Supply. The Director General of Electricity Supply. The Coal Authority. Office of Rail and Road A local weights and measures authority in England and Wales.
The Trade Descriptions Act 1968. The Fair Trading Act 1973. The Consumer Credit Act 1974. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Estate Agents Act 1979. The Competition Act 1980. The Telecommunications Act 1984. The Airports Act 1986. The Gas Act 1986. The Consumer Protection Act 1987. The Electricity Act 1989. The Railways Act 1993 The Coal Industry Act 1994. The Competition Act 1998. Part I of the Transport Act 2000. The Enterprise Act 2002. The Communications Act 2003. The Railways Act 2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising. Part 1 of the Civil Aviation Act 2012. Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013. The following provisions of the Digital Markets, Competition and Consumers Act 2024—
Part 3;
Part 4;
Chapter 2 of Part 5.
Section 210.
Subject to the following provisions of this paragraph but without prejudice to the powers conferred by the following provisions of this Schedule, where it appears to the appropriate agency to be necessary or expedient to do so for the purposes of any of the functions specified in sub-paragraphs (i), (iii) and (v) of section 2(1)(a) of the 1995 Act, the appropriate agency may make byelaws— Byelaws made by the appropriate agency under this paragraph shall not apply to— Byelaws made in respect of any inland waters by virtue of this paragraph may—
The appropriate agency shall have power to make such byelaws as are mentioned in sub-paragraph (3) below with respect to any inland waters in relation to which— and with respect to any land associated with such waters. For the purposes of this paragraph the condition mentioned in sub-paragraph (1) above is satisfied in relation to any waters if navigation in those waters— The byelaws referred to in sub-paragraph (1) above in relation to any inland waters or to any land associated with any such waters are byelaws for any of the following purposes, that is to say— Without prejudice to the generality of any of the paragraphs of sub-paragraph (3) above or to the power conferred on the appropriate agency by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws— In this paragraph “boat” includes a vessel of any description, and “boating” shall be construed accordingly.
The appropriate agency shall have power to make such byelaws as are mentioned in sub-paragraph (2) below with respect to any waterway owned or managed by the appropriate agency and with respect to any land held or managed with the waterway. The byelaws referred to in sub-paragraph (1) above in relation to any waterway or to any land held or managed with any such waterway are byelaws for any of the following purposes, that is to say— Without prejudice to the generality of any of the paragraphs of sub-paragraph (2) above or to the power conferred on the appropriate agency by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws— In this paragraph—
The appropriate agency may by byelaws make such provision as the appropriate agency considers appropriate— In this paragraph—
The appropriate agency may make such byelaws in relation to any particular locality or localities as it considers necessary for any of Purposes 1 to 4. Purpose 1 is to secure the efficient working of a drainage system. Purpose 2 is to regulate the effects on the environment of a drainage system. Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165. Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion). Without prejudice to the generality of sub-paragraph (1) above and subject to sub-paragraph (3) below, the appropriate agency may, in particular, make byelaws for any of the following purposes, that is to say— No byelaw for any purpose specified in sub-paragraph (2)(a) above shall be valid if it would prevent reasonable facilities being afforded for enabling a watercourse to be used by stock for drinking purposes. If, in any particular case,— the requirement for the consent of the appropriate agency does not apply in relation to the carrying on of that activity. In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009. Notwithstanding anything in this Act, no byelaw made by the appropriate agency under this paragraph shall conflict with or interfere with the operation of— In this paragraph “banks”, “drainage” and “watercourse” have the same meanings as in Part IV of this Act.
The appropriate agency shall have power, in relation to the whole or any part or parts of the area in relation to which it carries out its functions relating to fisheries under Part V of this Act, to make byelaws generally for the purposes of— This paragraph applies to— ..., the appropriate agency shall have power, in relation to the whole or any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The appropriate agency shall have power, in relation to the whole or any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of requiring persons to send to the appropriate agency returns, in such form, giving such particulars and at such times as may be specified in the byelaws— A byelaw under this paragraph does not apply to a person (including an employee or agent of the appropriate agency) to the extent that he is acting— For the avoidance of doubt, a byelaw under this paragraph may apply to an historic installation as to any other fixed engine. Byelaws made under this paragraph may be made to apply to the whole or any part or parts of the year. Expressions used in this paragraph and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this paragraph as in that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any power to make byelaws conferred by paragraph 6 above may be exercised for marine or aquatic environmental purposes. The power to make byelaws under paragraph 6 above by virtue of this paragraph is in addition to, and not in derogation from, the power to make byelaws under that paragraph otherwise than by virtue of this paragraph. In this paragraph “marine or aquatic environmental purposes” means—
Section 210.
No byelaw made by the Authority shall have effect until confirmed by the relevant Minister under this Schedule. At least one month before it applies for the confirmation of any byelaw, the Authority shall— For at least one month before an application is made by the Authority for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the Authority, including (if there is one) at an office in the area to which the byelaw would apply. The Authority shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above. Every person shall be entitled, on application to the Authority, to be furnished free of charge with a printed copy of a byelaw so deposited.
No byelaw made by the appropriate agency shall have effect until confirmed by the relevant Minister under this Schedule. At least one month before it applies for the confirmation of any byelaw, the appropriate agency shall— For at least one month before an application is made by the appropriate agency for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the appropriate agency, including (if there is one) at an office in the area to which the byelaw would apply. The appropriate agency shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above. Every person shall be entitled, on application to the appropriate agency, to be furnished free of charge with a printed copy of a byelaw so deposited.
Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the Authority for confirmation under this Schedule, or may confirm the byelaw either without or, if the Authority consents, with modifications. The Authority shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions. A byelaw made by the Authority under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if— and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the Authority consents” of the words “after consultation with the Authority” .
Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the appropriate agency for confirmation under this Schedule, or may confirm the byelaw either without or, if the appropriate agency consents, with modifications. The appropriate agency shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions. A byelaw made by the appropriate agency under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if— and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the appropriate agency consents" of the words “ after consultation with the appropriate agency ”.
The relevant Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force. If no date is so fixed in relation to a byelaw, it shall come into force at the end of the period of one month beginning with the date of confirmation.
The relevant Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force. If no date is so fixed in relation to a byelaw, it shall come into force at the end of the period of one month beginning with the date of confirmation.
Every byelaw made by the appropriate agency and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the appropriate agency , including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge. Every person shall be entitled, on application to the appropriate agency and on payment of such reasonable sum as the appropriate agency may determine, to be furnished with a copy of any byelaw so deposited by the appropriate agency.
If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may— revoke that byelaw.
after giving notice to the appropriate agency and considering any representations or objections made by the appropriate agency; and
if required by the appropriate agency, after holding a local inquiry,
The production of a printed copy of a byelaw purporting to be made by the appropriate agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating— shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
that the byelaw was made by the appropriate agency;
that the copy is a true copy of the byelaw;
that on a specified date the byelaw was confirmed under this Schedule; and
the date, if any, fixed under paragraph 3 above for the coming into force of the byelaw,
In this Schedule “the relevant Minister”— For the purposes of this paragraph “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.
in relation to byelaws which— means the Minister;
are made by virtue of paragraph 5 of Schedule 25 to this Act or by virtue of section 136(8) of the Water Act 1989 as read with the savings in paragraphs 1 and 5 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (transfer of land drainage functions under local statutory provisions); and
have effect in a flood risk management region ... in England,
in relation to byelaws made by virtue of paragraph 6 of that Schedule 25 or by virtue of any provision amended by Schedule 17 to the Water Act 1989 (fisheries functions of the Agency), means the Secretary of State or the Minister; and
in relation to any other byelaws, means the Secretary of State.
The Secretary of State may by order provide—
that any area of the territorial sea adjacent to England and Wales is to be treated as if it were an area of relevant territorial waters for the purposes of this Part and of any other enactment in which any expression is defined by reference to the meanings given by this section;
that any lake or pond which does not discharge into a relevant river or watercourse or into a relevant lake or pond is to be treated for those purposes as a relevant lake or pond;
that a lake or pond which does so discharge and is of a description specified in the order is to be treated for those purposes as if it were not a relevant lake or pond;
that a watercourse of a description so specified is to be treated for those purposes as if it were not a relevant river or watercourse.
An order under this section may—
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
make different provision for different cases, including different provision in relation to different persons, circumstances or localities.
The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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For the purpose of carrying out its flood defence functions the appropriate agency shall from time to time carry out surveys of the areas in relation to which it carries out those functions.
In the exercise of the powers conferred by the following provisions of this Part and the other flood defence provisions of this Act due regard shall be had to the interests of fisheries, including sea fisheries.
Nothing in the following provisions of this Part or the other flood defence provisions of this Act shall prejudice or affect the provisions of Part V of this Act or the Salmon and Freshwater Fisheries Act 1975 or any right, power or duty conferred or imposed by that Part or that Act.
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Without prejudice to any scheme for the appointment of local flood defence committees and subject to subsection (2) below, the Authority shall arrange for all its functions relating to flood defence under the following provisions of this Act and the Land Drainage Act 1991 to be carried out by regional flood defence committees, so that those functions of the Authority are carried out—
in relation to the area of each regional flood defence committee, by the committee for that area; and
in cases involving the areas of more than one regional flood defence committee, by such committee, or jointly by such committees, as may be determined in accordance with arrangements made by the Authority.
The Authority shall not make arrangements for the carrying out by any other body, or by any committee, of any of its functions with respect to— and nothing in this section shall enable the Authority to authorise any such other body or any committee to borrow money for purposes connected with the Authority’s functions relating to flood defence.
the issuing of levies (within the meaning of the Local Government Finance Act 1988); or
the making of drainage charges under Chapter II of Part VI of this Act;
The Authority may give a regional flood defence committee a direction of a general or specific character as to the carrying out of any function relating to flood defence, other than one of its internal drainage functions, so far as the carrying out of that function appears to the Authority likely to affect materially the Authority’s management of water for purposes other than flood defence.
It shall be the duty of a regional flood defence committee to comply with any direction under subsection (3) above.
In subsection (3) above “internal drainage functions” means the functions of the Authority under sections 108, 139 and 140 below and the following provisions of the Land Drainage Act 1991, that is to say—
sections 2 to 9 (transfer to the Authority and supervision by the Authority of the functions of internal drainage boards);
sections 38, 39 and 47 (differential drainage rates and exemptions from such rates);
sections 57 and 58(1) (provisions with respect to contributions by the Authority to the expenses of internal drainage boards and the expenses of the Authority as such a board).
This section has effect for conferring functions in relation to main rivers on the appropriate agency which are functions of drainage boards in relation to other watercourses.
Notwithstanding subsection (3) of section 21 of the Land Drainage Act 1991 (power to secure compliance with drainage obligations), the powers of the appropriate agency in relation to a main river shall, by virtue of this section, include the powers which under that section are exercisable otherwise than in relation to a main river by the drainage board concerned; and the provisions of that section shall have effect accordingly.
The powers of the appropriate agency in relation to a main river shall, by virtue of this section, include the powers which under section 25 of the Land Drainage Act 1991 (powers for securing the maintenance of flow of watercourses) are exercisable in relation to an ordinary watercourse by the drainage board concerned; and the provisions of that section and section 27 of that Act shall have effect accordingly.
Sections 33 and 34 of the Land Drainage Act 1991 (commutation of obligations) shall have effect where— as they have effect in relation to an obligation to do work otherwise than in connection with a main river but as if the appropriate agency were under a duty to take steps to commute the obligation and the references in those sections to the drainage board for the internal drainage district where the works fall to be done were omitted.
any person is under an obligation imposed on him by reason of tenure, custom, prescription or otherwise to do any work in connection with the drainage of land (whether by way of repairing banks or walls, maintaining watercourses or otherwise); and
that work is in connection with a main river,
In this section—
references to the exercise of a power in relation to a main river shall include a reference to its exercise in connection with a main river or in relation to the banks of such a river or any drainage works in connection with such a river; and
expressions used both in this section and in a provision applied by this section have the same meanings in this section as in that provision.
The functions of the appropriate agency by virtue of this section are in addition to the functions of the appropriate agency which by virtue of the provisions of the Land Drainage Act 1991 are exercisable by the appropriate agency concurrently with an internal drainage board.
The appropriate agency may at any time prepare and submit to either of the Ministers for confirmation a scheme making provision for the transfer to the appropriate agency from any drainage body of— and the appropriate agency shall prepare such a scheme and submit it to one of the Ministers if it is directed to do so by that Minister.
all rights, powers, duties, obligations and liabilities (including liabilities incurred in connection with works) over or in connection with a main river; and
any property held by the drainage body for the purpose of, or in connection with, any functions so transferred;
A scheme prepared and submitted under subsection (1) above may make provisions for any matter supplemental to or consequential on the transfers for which the scheme provides.
The Minister to whom a scheme is submitted under this section may by order made by statutory instrument confirm that scheme; and Schedule 14 to this Act shall have effect with respect to the procedure to be followed in connection with the making of such an order and with respect to challenges to such orders.
An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the Ministers or other persons in connection with the making or confirmation of the order, or with the making of the scheme confirmed by the order, are to be borne.
Where, under a scheme made by the appropriate agency under this section, liabilities incurred in connection with drainage works are transferred to the appropriate agency from a local authority, the appropriate agency may require the local authority to make contributions to the appropriate agency towards the discharge of the liabilities.
If the amount to be paid by a local authority by way of contributions required under subsection (5) above is not agreed between the appropriate agency and the local authority, it shall be referred to the arbitration of a single arbitrator appointed—
by agreement between them; or
in default of agreement, by the Ministers.
The relevant Minister shall by regulations provide for the payment, subject to such exceptions or conditions as may be specified in the regulations, of compensation by the appropriate agency to any officer or other employee of a drainage body who suffers loss of employment or loss or diminution of emoluments which is attributable to a scheme under this section or anything done in pursuance of such a scheme.
Regulations under subsection (7) above may include provision—
as to the manner in which and the persons to whom any claim for compensation by virtue of the regulations is to be made; and
for the determination of all questions arising under the regulations.
In this section—
in relation to any other flood defence committee, means the Minister.
the council of a county, so far as it is the council of an area for which there are no district councils;
in relation to employees of a drainage body wholly in Wales, means the Secretary of State;
in relation to employees of a drainage body partly in Wales, means the Ministers; and
in any other case, means the Minister.
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No person shall erect any structure in, over or under a watercourse which is part of a main river except with the consent of and in accordance with plans and sections approved by the Authority.
No person shall, without the consent of the Authority, carry out any work of alteration or repair on any structure in, over or under a watercourse which is part of a main river if the work is likely to affect the flow of water in the watercourse or to impede any drainage work.
No person shall erect or alter any structure designed to contain or divert the floodwaters of any part of a main river except with the consent of and in accordance with plans and sections approved by the Authority.
If any person carries out any work in contravention of this section the Authority may—
remove, alter, or pull down the work; and
recover from that person the expenses incurred in doing so.
Subsections (1) and (2) above shall not apply to any work carried out in an emergency; but a person carrying out any work excepted from those subsections by this subsection shall inform the Authority in writing as soon as practicable—
of the carrying out of the work; and
of the circumstances in which it was carried out.
Nothing in this section shall be taken to affect any enactment requiring the consent of any government department for the erection of a bridge or any powers exercisable by any government department in relation to a bridge.
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The Authority may require the payment of an application fee by a person who applies to it for its consent under section 109 above; and the amount of that fee shall be £50 or such other sum as may be specified by order made by the Ministers.
A consent or approval required under section 109 above—
shall not be unreasonably withheld;
shall be deemed to have been given if it is neither given nor refused within the relevant period; and
in the case of a consent, may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out.
For the purposes of subsection (2)(b) above the relevant period is—
in the case of a consent, the period of two months after whichever is the later of— and
the day on which application for the consent is made; and
if at the time when that application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged;
in the case of an approval, the period of two months after application for the approval is made.
If any question arises under this section whether any consent or approval is unreasonably withheld or whether any condition imposed is reasonable, the question shall—
if the parties agree to arbitration, be referred to a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers; and
if the parties do not agree to arbitration, be referred to and determined by the Ministers or the Secretary of State, according to whether the determination falls to be made in relation to England or Wales.
The power of the Ministers to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsection (2) below, the appropriate agency, with a view to improving the drainage of any land, may enter into an arrangement with a navigation authority or conservancy authority for any of the following purposes, that is to say—
the transfer to the appropriate agency of—
the whole or any part of the undertaking of the navigation authority or conservancy authority or of any of the rights, powers, duties, liabilities and obligations of that authority; or
any property vested in that authority as such;
the alteration or improvement by the appropriate agency of any of the works of the navigation authority or conservancy authority;
the making of payments by the appropriate agency to the navigation authority or conservancy authority or by that authority to the appropriate agency in respect of any matter for which provision is made by the arrangement.
The exercise by the appropriate agency of its power to enter into an arrangement under this section shall require the approval of the Ministers.
Where the appropriate agency is intending to enter into an arrangement under this section it shall publish a notice of its intention in such manner as may be directed by either of the Ministers.
Where an arrangement has been made under this section, the appropriate agency shall cause a notice under subsection (5) below to be published in the London Gazette in such form as may be prescribed by regulations made by one of the Ministers.
A notice under this subsection is a notice—
stating that the arrangement has been made; and
specifying the place at which a copy of the arrangement may be inspected by persons interested.
The Ministers shall each have power by regulations to make provision generally for the purpose of carrying into effect the provisions of this Part and the other flood defence provisions of this Act.
In this Part— “watercourse” shall be construed as if for the words from “except" onwards in the definition in section 221(1) below there were substituted the words “except a public sewer".
defence against water, including sea water;
irrigation other than spray irrigation; . . .
warping; and
the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;
is a structure or appliance situated in the channel or in any part of the banks of the channel; and
is not a structure or appliance vested in or controlled by an internal drainage board;
If any question arises under this Part— the question shall be referred to one of the Ministers for decision or, if either of the parties so requires, to arbitration.
whether any work is a drainage work in connection with a main river; or
whether any proposed work will, if constructed, be such a drainage work,
Where any question is required under subsection (2) above to be referred to arbitration it shall be referred to the arbitration of a single arbitrator appointed—
by agreement between the parties; or
in default of agreement, by the President of the Institution of Civil Engineers, on the application of either party.
Nothing in this Part shall affect the powers exercisable by the appropriate agency under any local Act, as they existed immediately before the coming into force of this Act.
Subject to the following provisions of this section, each of the Ministers shall have power, on an application made to him by the appropriate agency, by order made by statutory instrument to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area—
of any provisions of the Salmon and Freshwater Fisheries Act 1975 (as amended by the Marine and Coastal Access Act 2009) relating to the regulation of fisheries;
of section 142 or 156 below or paragraph 6 or 7 of Schedule 25 to this Act (as so amended) ; or
of any provisions of a local Act relating to any fishery in that area.
An order under this section—
may contain such supplemental, consequential and transitional provision, including provision for the payment of compensation to persons injuriously affected by the order, as may appear to be necessary or expedient in connection with the other provisions of the order; but
shall not apply to any waters in respect of which either of the Ministers has granted a licence under section 29 of the Salmon and Freshwater Fisheries Act 1975 (fish rearing licences).
Before either of the Ministers makes an order under this section he shall—
send to the appropriate agency a copy of the draft order; and
notify the appropriate agency of the time within which, and the manner in which, objections to the draft order may be made to him.
Neither of the Ministers shall make an order under this section unless the appropriate agency has caused notice of— to be published in the London Gazette and, if it is directed to do so by one of the Ministers, in such other manner as that Minister thinks best adapted for informing persons affected.
that Minister’s intention to make the order;
the place where copies of the draft order may be inspected and obtained; and
the matters notified under subsection (3)(b) above,
Before either of the Ministers makes an order under this section he-
shall consider any objection which may be duly made to the draft order; and
may cause a public local inquiry to be held with respect to any such objections.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament; and, where a statutory instrument is laid before Parliament for the purposes of this paragraph, a copy of the report of any local inquiry held with respect to objections considered in connection with the making of the order contained in that instrument shall be so laid at the same time.
Where— belongs to Her Majesty in right of the Crown or forms part of the possessions of the Duchy of Lancaster or the Duchy of Cornwall or belongs to, or is under the management of, any government department, the order may be made by one of the Ministers only if he has previously obtained the consent of the appropriate authority.
any fishery, land or foreshore proposed to be comprised in an order under this section making provision, by virtue of subsection (1)(b) above, for the modification of section 156 below in relation to fisheries in an area; or
any fishery proposed to be affected by any such order; or
any land over which it is proposed to acquire an easement under any such order,
In subsection (7) above “the appropriate authority”—
in the case of any foreshore under the management of the Crown Estate Commissioners or of any fishery or land belonging to Her Majesty in right of the Crown, means those Commissioners;
in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Lancaster, means the Chancellor of the Duchy;
in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Cornwall, means the Duke of Cornwall or the persons for the time being empowered to dispose for any purpose of the land of the Duchy;
in the case of any foreshore, fishery or land which belongs to or is under the management of a government department, means that government department.
In this section “foreshore” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far as the tide flows.
giving effect to any assimilated obligations, or
Each of the Ministers shall have power by regulations to provide that the provisions of this Part or of any other enactment relating to the carrying out by the appropriate agency of such of its functions as relate to fisheries shall have effect with such modifications as may be prescribed by the regulations for the purpose of ...—
enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party.
In subsection (1), the reference to functions includes any functions conferred on the appropriate agency by virtue of the Marine and Coastal Access Act 2009.
Subject to section 118 below, the Ministers may, after consultation with the Authority and with the Treasury’s approval, determine the financial duties of the Authority, and different determinations may be made for different functions and activities of the Authority.
The Ministers shall give the Authority notice of every determination under this section, and such a determination may—
relate to a period beginning before the date on which it is made;
contain supplemental provisions; and
be varied by a subsequent determination.
Subject to sections 118(1) and 119(2) below, where it appears to the Secretary of State that the Authority has a surplus, whether on capital or revenue account, the Secretary of State may, after consultation with the Treasury and the Authority, direct the Authority to pay to him such amount not exceeding the amount of that surplus as may be specified in the direction.
Any sum received by the Secretary of State under subsection (3) above shall be paid into the Consolidated Fund.
Revenue raised by the appropriate agency as mentioned in subsection (2) below—
shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the appropriate agency's flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, in or for the benefit of the flood risk management region in which it is raised; ...
where the appropriate agency is the Agency, shall be disregarded in determining the amount of any surplus for the purposes of section 44(4) ofthe 1995 Act ; and
The revenue referred to in subsection (1) above is revenue raised by the appropriate agency in a flood risk management region—
by virtue of any regulations under section 74 of the Local Government Finance Act 1988 (power to issue levies);
by general drainage charges under sections 134 and 135 below;
by special drainage charges under sections 137 and 138 below; or
by contributions required under section 139(1) below.
where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).
An amount falls within this subsection if it is an amount which the appropriate agency considers it appropriate—
to set aside towards research or related activities or towards meeting the appropriate agency's administrative expenses; ...
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Any amount specified in a resolution under section 58(1)(b) of the Land Drainage Act 1991 in relation to any flood risk management region (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.
For the purposes of this section, the following sums, that is to say— shall be treated as revenue raised by the appropriate agency as mentioned in subsection (2) above in the corresponding flood risk management region or, as the case may be, in that local flood defence district.
any sums held by the appropriate agency by virtue of any transfer of property, rights or liabilities from a water agency in accordance with a scheme under Schedule 2 to the Water Act 1989, in so far as those sums represent amounts which the water agency was required by virtue of paragraph 31 of Schedule 3 to the Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and
any sums raised by the appropriate agency in a flood risk management region by virtue of a precept issued under section 46 of the Land Drainage Act 1976,
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In this section “flood risk management region” —
in relation to the Agency, means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 , and
in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006.
Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted.
Any funds to which subsection (1) above applies shall be disregarded in determining the amount of any surplus under section 44(3) of the 1995 Act.
For the purposes of subsection (1) above, “the transfer date” has the same meaning as in Part I of the 1995 Act.
Where, on the application of a navigation authority, harbour authority or conservancy authority, it appears to the appropriate agency that any works constructed or maintained by the applicants have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the appropriate agency's water resources functions, the appropriate agency shall contribute towards the expenditure incurred or to be incurred by the applicants in constructing or maintaining those works.
Where, on the application of the appropriate agency, it appears to a navigation authority, harbour authority or conservancy authority that any works constructed or maintained by the appropriate agency in the carrying out of its water resources functions have made, or will make, a beneficial contribution towards the carrying out of the functions of the authority to whom the application is made, that authority shall contribute to the appropriate agency towards the expenditure incurred or to be incurred by the appropriate agency in constructing or maintaining those works.
Subject to the following provisions of this section, the sums to be paid by way of contribution and the terms and conditions on which they are to be paid shall be such as the appropriate agency and the other authority concerned may agree to be appropriate.
If on any application under this section— the appropriate agency or the other authority concerned may refer the matter in dispute to the Secretary of State.
the appropriate agency or, as the case may be, the other authority to whom the application is made refuses to make a contribution; or
the appropriate agency and the other authority concerned are unable to agree as to the sums to be contributed or the terms and conditions on which they are to be contributed,
On a reference under subsection (4) above the Secretary of State may either— and where any decision has been made by the Secretary of State or an arbitrator under this subsection, the decision shall be final and a contribution shall be made in accordance with the decision as if the sums, terms or conditions determined under this subsection had been agreed to be appropriate as mentioned in subsection (3) above.
determine that matter himself; or
refer it for determination to an arbitrator appointed by him for the purpose;
Any expenditure incurred by a navigation authority, harbour authority or conservancy authority in paying any contribution under this section shall be defrayed in the like manner as any corresponding expenditure of that authority; and that authority shall have the same powers for the purpose of raising money required for paying any such contribution as they would have for the purpose of raising money required for defraying any corresponding expenditure of that authority.
In subsection (6) above the references to corresponding expenditure of a navigation authority, harbour authority or conservancy authority, in relation to the payment of a contribution in respect of any works, are references to expenditure incurred by the authority in performing the functions in respect of which it is claimed by the appropriate agency that the works have made, or will make, such a beneficial contribution as is mentioned in subsection (2) above.
References in this section to the water resources functions of the appropriate agency are references to the functions of the appropriate agency under Part II of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter II of that Part.
It shall be the duty of the Authority—
to keep proper accounts and proper records in relation to the accounts; and
to prepare in respect of each accounting year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Authority.
Every statement of accounts prepared by the Authority in accordance with this section shall comply with any requirement which the Ministers have, with the consent of the Treasury, notified in writing to the Authority and which relates to any of the following matters, namely—
the information to be contained in the statement;
the manner in which that information is to be presented;
the methods and principles according to which the statement is to be prepared.
Subject to subsection (4) below, in this section and section 122 below “accounting year”, in relation to the Authority, means a financial year.
If the Secretary of State so directs in relation to any accounting year of the Authority, that accounting year shall end with such date other than the next 31st March as may be specified in the direction; and, where the Secretary of State has given such a direction, the following accounting year shall begin with the day after the date so specified and, subject to any further direction under this subsection, shall end with the next 31st March.
The accounts of the Authority shall be audited by auditors appointed for each accounting year by the Secretary of State.
A person shall not be qualified for appointment for the purposes of subsection (1) above unless he is— but a firm may be so appointed if each of its members is qualified to be so appointed.
a member of a body of accountants established in the United Kingdom and recognised for the purposes of section 389(1)(a) of the Companies Act 1985; or
a member of the Chartered Institute of Public Finance and Accountancy;
A copy of any accounts of the Authority which are audited under subsection (1) above and of the report made on those accounts by the auditors shall be sent to each of the Ministers as soon as reasonably practicable after the report is received by the Authority; and the Secretary of State shall lay a copy of any accounts or report sent to him under this subsection before Parliament.
The Comptroller and Auditor General shall be entitled to inspect the contents of all books, papers and other records of the Authority relating to, or to matters dealt with in, the accounts required to be kept by virtue of section 121 above; and, accordingly, section 6 of the National Audit Act 1983 (examinations of economy, efficiency and effectiveness) shall apply to the Authority.
In this section “accounts”, in relation to the Authority, includes any statement under section 121 above.
Where— the Authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this section.
an application is made for any licence under Chapter II of Part II of this Act or for the variation of, or of the conditions of, any such licence;
a licence under that Chapter to abstract water is granted to any person or there is a variation of any such licence or of the conditions of any such licence; or
a licence under that Chapter to abstract water is for the time being in force,
The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this section shall be—
in the case of a charge by virtue of subsection (1)(a) above, the person who makes the application; and
in the case of a charge by virtue of subsection (1)(b) or (c) above, the person to whom the licence is granted or, as the case may be, the person holding the licence which is varied or is in force.
Provision made by a scheme for the purposes of subsection (1)(c) above may impose a single charge in respect of the whole period for which a licence is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges.
The Authority shall not make a scheme under this section unless its provisions have been approved by the Secretary of State under section 124 below.
A scheme under this section may— and such a scheme may revoke or amend a previous scheme under this section.
make provision with respect to the times and methods of payment of the charges which are required to be paid by virtue of the scheme;
make different provision for different cases, including different provision in relation to different circumstances or localities; and
contain supplemental, consequential and transitional provision for the purposes of the scheme;
It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this section which is for the time being in force to the attention of persons likely to be affected by them.
A scheme under this section shall have effect subject to any provision made by or under section 58 above or sections 125 to 130 below.
Before submitting a scheme under section 123 above to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by the scheme, publish a notice—
setting out its proposals; and
specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State.
Where any proposed scheme under section 123 above has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications—
to consider any representations or objections duly made to him and not withdrawn; and
to have regard to the matters specified in subsection (3) below.
The matters mentioned in subsection (2) above are—
the desirability of ensuring that the amounts recovered by the Authority by way of charges fixed by or under schemes under section 123 above are the amounts which, taking one year with another, are required by the Authority for recovering such amounts as the Secretary of State may consider it appropriate to attribute to the expenses incurred by the Authority in carrying out its functions under Part II of this Act; and
the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under any scheme under that section.
For the purposes of subsection (3)(a) above—
the Secretary of State shall take into account any determinations under section 117 above in determining the amounts which he considers it appropriate to attribute to the expenses incurred by the Authority in carrying out its functions under Part II of this Act; and
those amounts may include amounts in respect of the depreciation of, and the provision of a return on, such of the Authority’s assets as are held by it for purposes connected with the carrying out of those functions.
The consent of the Treasury shall be required for the giving of an approval to a scheme under section 123 above.
No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the appropriate agency of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.
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the water is authorised to be abstracted for use for agricultural purposes other than spray irrigation; and
the quantity of water authorised to be abstracted from the strata in any period of twenty-four hours does not exceed twenty cubic metres in aggregate.
The appropriate agency may, on the application of any person who is liable to pay charges to the appropriate agency for the abstraction of water under a licence under Chapter II of Part II of this Act, make an agreement with him either exempting him from the payment of charges or providing for charges to be levied on him at reduced rates specified in the agreement.
In the exercise of its powers under subsection (1) above in relation to any person, the appropriate agency shall have regard to—
the extent to which any works constructed at any time by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the functions of the appropriate agency under any enactment;
any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the appropriate agency in the performance of those functions; and
any other material considerations.
The Secretary of State may give directions as to the exercise by the appropriate agency of its powers under subsection (1) above.
Without prejudice to the exercise of the power conferred by subsection (3) above, if on any application under this section— the applicant or the appropriate agency may refer the question in dispute to the Secretary of State.
the appropriate agency refuses to make an agreement with the applicant as mentioned in subsection (1) above; or
the applicant objects to the terms of such an agreement as proposed by the appropriate agency and that objection is not withdrawn,
On a reference under subsection (4) above—
the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (2) above, the appropriate agency was required to have regard in relation to the applicant; and
may give directions to the appropriate agency requiring it to make an agreement with the applicant in accordance with his decision.
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Any decision of the Secretary of State on a reference under subsection (4) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
Where a person (“the applicant”) is for the time being the holder of a licence under Chapter II of Part II of this Act to abstract water (“the applicant’s licence"), and in accordance with the provisions of that licence— the applicant may apply to the appropriate agency to make an agreement with him under this section and, subject to the following provisions of this section and sections 128 and 129 below, the appropriate agency may make such an agreement accordingly.
the water is to be used on land of which the applicant is the occupier; and
the purposes for which water abstracted in pursuance of the licence is to be used consist of or include spray irrigation,
During any period for which an agreement under this section is in force, the following charges shall be payable by the applicant to the appropriate agency in respect of the applicant’s licence, in so far as it relates to water authorised to be abstracted and used on the relevant land, that is to say—
basic charges calculated, in accordance with the agreement, by reference to the quantity of water authorised to be so abstracted and used from time to time in pursuance of the licence; and
supplementary charges calculated, in accordance with the agreement, by reference to the quantity of water which is measured or assessed as being abstracted from time to time by or on behalf of the applicant from the source of supply to which the applicant’s licence relates for use on the relevant land.
In determining— the appropriate agency shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of subsection (2) above is likely to exceed the quantity referred to in paragraph (b) of that subsection.
whether to make an agreement with the applicant under this section; and
the charges to be leviable under such an agreement,
Where the applicant’s licence authorises water abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes—
any agreement made under this section shall provide for apportioning, as between those purposes respectively, the quantity referred to in paragraph (a) of subsection (2) above and the quantity referred to in paragraph (b) of that subsection;
subsection (2) above shall have effect as if in each of those paragraphs the reference to the quantity of water mentioned in that paragraph were a reference to so much of that quantity as in accordance with the agreement is apportioned to the purpose of spray irrigation; and
in subsection (3) above any reference to either of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection.
An application under subsection (1) above may be made by a person who has applied for, but is not yet the holder of, a licence under Chapter II of Part II of this Act to abstract water; and, in relation to an application so made or to an agreement made on such an application—
the reference in that subsection to the provisions of the applicant’s licence shall be construed as a reference to the proposals contained in the application for a licence; and
any other reference in this section or in section 128 or 129 below to the applicant’s licence shall be construed as a reference to any licence granted to the applicant in pursuance of the application mentioned in paragraph (a) above or in pursuance of an appeal consequential upon the application so mentioned.
In this section and sections 128 and 129 below—
with the date on which an agreement under this section comes into force or is proposed to come into force; or
with an anniversary of that date.
The period specified in an agreement under section 127 above as the period for which it is made shall not be less than five years.
An agreement under section 127 above shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—
the period specified in the agreement, as mentioned in subsection (1) above, comes to an end;
the applicant’s licence expires or is revoked;
the applicant ceases to be the occupier of the relevant land or, if he has previously ceased to be the occupier of a part or parts of that land, ceases to be the occupier of the remainder of it;
the agreement is terminated under subsection (4) below.
At any time while an agreement under section 127 above is in force, the applicant may apply to the appropriate agency to terminate the agreement.
If, on an application for the termination of an agreement under section 127 above, the appropriate agency is satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, it may terminate the agreement, either unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the appropriate agency and the applicant may agree.
The Secretary of State may give directions as to the exercise by the appropriate agency of its powers under sections 127 and 128 above.
Without prejudice to the exercise of the power conferred by subsection (1) above, if on any application under section 127 or 128 above— the applicant or the appropriate agency may refer the question in dispute to the Secretary of State.
the appropriate agency refuses to make or terminate an agreement under section 127 above; or
the applicant objects to the proposals of the appropriate agency — and that objection is not withdrawn,
as to the terms of such an agreement; or
as to the conditions subject to which such an agreement is to be terminated,
On a reference under subsection (2) above—
the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (3) of section 127 above, the appropriate agency would be required to have regard in relation to the applicant on an application under that section; and
may give directions to the appropriate agency requiring it to make an agreement with the applicant in accordance with his decision.
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Any decision of the Secretary of State on a reference under subsection (2) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
Where Canal & River Trust are the holders of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies, then, the charges which, apart from this subsection, would be payable in respect of that licence either— as Canal & River Trust and the appropriate agency may agree or, in default of such agreement, the Secretary of State may determine.
shall be reduced to such extent, and as so reduced shall be payable subject to such conditions; or
shall not be payable,
Where— the appropriate agency shall pay to Canal & River Trust such proportion of those charges, subject to such conditions, as Canal & River Trust and the appropriate agency may agree, or, in default of such agreement, the Secretary of State may determine.
a person other than Canal & River Trust is the holder of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies; and
any charges in respect of that licence are payable,
Where— the Authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this section.
an application is made to the Authority for a Part III consent;
the Authority gives a Part III consent otherwise than in a case where an application for a consent was made under paragraph 1 of Schedule 10 to this Act; or
a Part III consent is for the time being in force,
The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this section shall be—
in the case of a charge by virtue of subsection (1)(a) above, the person who makes the application;
in the case of a charge by virtue of subsection (1)(b) above, any person who is authorised to do anything by virtue of the consent and on whom the instrument giving the consent is served; and
in the case of a charge by virtue of subsection (1)(c) above, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.
Provision made by a scheme for the purposes of subsection (2)(c) above may impose a single charge in respect of the whole period for which the consent is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges.
The Authority shall not make a scheme under this section unless its provisions have been approved by the Secretary of State under section 132 below.
A scheme under this section may— and such a scheme may revoke or amend a previous scheme under this section.
make provision with respect to the times and methods of payment of the charges which are required to be paid by virtue of the scheme;
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain supplemental, consequential and transitional provision for the purposes of the scheme;
It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this section which is for the time being in force to the attention of persons likely to be affected by them.
In this section “a Part III consent” means a consent for the purposes of section 88(1)(a), 89(4)(a) or 90 above.
Before submitting a scheme under section 131 above to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, publish a notice—
setting out its proposals; and
specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State.
Where any proposed scheme under section 131 above has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications—
to consider any representations or objections duly made to him and not withdrawn; and
to have regard to the matters specified in subsection (3) below.
The matters mentioned in subsection (2) above are—
the desirability of ensuring that the amount recovered by the Authority by way of charges fixed by or under schemes under section 131 above does not exceed, taking one year with another, such amount as appears to the Secretary of State to be reasonably attributable to the expenses incurred by the Authority in carrying out its functions under the consent provisions and otherwise in relation to discharges into controlled waters; and
the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under the scheme.
The consent of the Treasury shall be required for the giving of the Secretary of State’s approval to a scheme under section 131 above.
In this section—
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Subject to subsection (2) below, the appropriate agency may raise at an amount per hectare of chargeable land in a flood risk management region a charge to be known as a general drainage charge and to be levied in accordance with sections 135 and 136 below.
The Agency shall not levy a general drainage charge in respect of any flood risk management region unless the Regional Flood and Coastal Committee for that region have recommended that such a charge should be raised.
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A general drainage charge raised by the appropriate agency for a flood risk management region for any year shall be at a uniform amount per hectare of chargeable land in that region.
The uniform amount referred to in subsection (1) above shall be ascertained, subject to subsection (3) below, by multiplying the relevant quotient . . . by one penny and by such number as may be specified by either of the Ministers by order made for the purposes of this subsection.
The number specified in an order under this section for the purposes of subsection (2) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister making the order considers will secure, so far as reasonably practicable, that the amount specified in paragraph (a) below will be equal to the amount specified in paragraph (b) below, that is to say—
the aggregate amount produced by any charge levied by reference to a relevant quotient . . .; and
the aggregate amount which, if the chargeable land in the flood risk management region had been liable to be rated for the financial year beginning in 1989, would have been produced by a rate levied on the land at an amount in the pound (of rateable value) equal to that quotient multiplied by one penny.
An order under this section may be made so as to apply either— and any such order applying to more than one flood risk management region may make different provision as respects the different flood risk management regions to which it applies.
to all general drainage charges; or
to the general drainage charges proposed to be raised in any one or more flood risk management regions specified in the order;
Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of general drainage charges.
The power of each of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “relevant quotient” means a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers.
The relevant quotient for the purposes of section 135(2) above shall, in relation to any local flood defence district, be determined by the application of the following formula— where— “A” means the aggregate amount demanded by the precepts issued in respect of that district under subsection (3) of section 46 of the Land Drainage Act 1976 in respect of the financial year beginning in 1989; “B” means the aggregate amount of the estimated penny rate products on the basis of which the aggregate amount so demanded was apportioned in pursuance of subsection (1) of that section in respect of that financial year; “C” means the amount ascertained by dividing the aggregate amount so demanded by the number of the relevant population of that district for the financial year beginning in 1990; “D” means the aggregate amount of the levies issued by the Authority in respect of that district under the National Rivers Authority (Levies) Regulations 1990 for the financial year in respect of which the drainage charge in question is raised; and “E” means the relevant population of that district for the financial year in respect of which that charge is raised.
For the purposes of this section the relevant population of a local flood defence district for any financial year is the aggregate of—
the relevant population for that year of the area of each charging authority the whole of whose area falls within that district; and
the relevant population of such parts of the areas of any other charging authorities as fall within that district.
For the purposes of subsection (2) above— and, accordingly, any such regulations as are mentioned in paragraph (b) or (c) above shall have effect for the purposes of this section as they have effect for the purposes of section 69 of that Act.
the relevant population for any financial year of the area of an English charging authority shall be taken to be the relevant population of that area for that year as calculated under paragraph 4 of Schedule 12A to the Local Government Finance Act 1988;
the relevant population for any financial year of the area of a Welsh charging authority shall be taken to be the relevant population of that area for that year as calculated in accordance with rules for the time being effective (as regards that year) under regulations made under paragraph 5(1) of that Schedule;
the relevant population for any financial year of any part of the area of a charging authority shall be taken to be the relevant population of that part of that area for that year as calculated in accordance with rules for the time being effective (as regards that year) under regulations made under paragraph 6(2) of that Schedule;
In this section “charging authority” has the same meaning as in the Local Government Finance Act 1988.
Where it appears to the appropriate agency that the interests of agriculture require the carrying out, improvement or maintenance of drainage works in connection with any watercourses in any flood risk management region, the appropriate agency may submit to either of the Ministers for confirmation a scheme under this section with respect to those watercourses.
A scheme under this section with respect to any watercourses is a scheme—
designating those watercourses, and any watercourses connected with them, for the purposes of this section; and
making provision for the raising, in accordance with section 138 below, of a charge (known as a “special drainage charge”) for the purpose of meeting the expenses of drainage works in connection with the designated watercourses and any expenses arising from such works.
A scheme under this section shall designate for the purposes of the special drainage charge so much of the flood risk management region as consists of land which, in the opinion of the appropriate agency, is agricultural land that would benefit from drainage works in connection with the designated watercourses.
The watercourses designated in any scheme under this section shall, if the scheme is confirmed, be treated for the purposes of this Act and the Land Drainage Act 1991 as part of a main river.
A scheme under this section-
may make provision for any of the matters referred to in subsections (1) and (2) of section 108 above; and
may provide for the revocation or amendment of, and for the retransfer of property, rights, powers, duties, obligations and liabilities transferred by, any previous scheme under this section.
Schedule 16 to this Act shall have effect with respect to the making and confirmation of schemes under this section.
For the purposes of this section—
the reference to expenses of drainage works is a reference to expenses incurred in the construction, improvement or maintenance of drainage works;
the expenses of any drainage works which may be necessary in consequence of other drainage works, and so much of any contribution made under section 57 of the Land Drainage Act 1991 as is fairly attributable to such expenses, shall be deemed to be expenses arising from those other drainage works; and
the expenses of any drainage works shall be taken (without prejudice to section 221(5) below) to include a proper proportion of the cost of the officers and buildings and establishment of the authority carrying them out.
In this section and Schedule 16 to this Act “watercourse” has the same meaning as in Part IV of this Act.
A special drainage charge shall be levied by the appropriate agency in respect of chargeable land included in the area designated for the purposes of the charge by the scheme authorising it (“the relevant chargeable land").
The special drainage charge raised for any year shall be at a uniform amount per hectare of the relevant chargeable land.
The uniform amount referred to in subsection (2) above shall be determined by the Regional Flood and Coastal Committee for the flood risk management region within which is the area which includes the relevant chargeable land (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) but shall exceed neither—
an amount to be specified in the scheme as the maximum amount of the charge or such greater amount as may be authorised for the purposes of the scheme by an order made by one of the Ministers on the application of the appropriate agency; nor
twenty-five pence or such other amount as may be substituted for twenty-five pence by an order made by one of the Ministers and approved by a resolution of the House of Commons.
Before either of the Ministers makes an order under subsection (3)(a) above he shall—
consult with such of the associations and persons concerned as he considers appropriate;
cause a notice of his intention to make the order, and of the time (which shall not be less than thirty days) within which objections to the proposed order may be made to him, to be published in such manner as he thinks best adapted for informing persons affected;
if he considers it necessary, afford such persons an opportunity of appearing before and being heard by a person appointed by him for the purpose; and
consider the report of the person so appointed and any objections duly made.
An order under subsection (3)(b) above may be made so as to apply— and any such order applying to the charges proposed to be raised in respect of areas within more than one flood risk management region, or authorised by more than one such scheme, may make different provision for the charges in respect of different flood risk management regions or, as the case may be, the charges authorised by the different schemes.
to special drainage charges in general; or
to the special drainage charges proposed to be raised in respect of areas within such flood risk management regions as may be specified in the order; or
to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 137 above and so specified;
The power of each of the Ministers to make an order under subsection (3)(b) above shall be exercisable by statutory instrument; and section 14 of the Interpretation Act 1978 (power to revoke or amend orders made by statutory instrument) shall apply to the power to make orders under subsection (3)(a) above as it applies, by virtue of this subsection, to the power to make orders under subsection (3)(b) above.
Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of special drainage charges.
Subject to subsections (2) and (3) below, the appropriate agency shall by resolution require every internal drainage board to make towards the expenses of the appropriate agency such contribution as the appropriate agency may consider to be fair.
Subject to subsection (3) below, where an internal drainage district (“ the main internal drainage district") comprises two or more other internal districts (“minor internal drainage districts"), the appropriate agency shall not require the drainage board for that district to make any contribution towards the expenses of the appropriate agency except in respect of such part, if any, of that district as is not situated within any minor internal drainage district.
Notwithstanding subsection (2) above, the appropriate agency, after determining what contribution should be made by the drainage board for each of the minor internal drainage districts, may, if it thinks fit, require the drainage board for the main internal drainage district to pay direct to the appropriate agency an amount equal to the aggregate of those contributions.
If the appropriate agency make a requisition under subsection (3) above, the drainage board of the main internal drainage district shall raise the amount paid by them under that subsection to the appropriate agency by means of drainage rates levied by them within, or special levies issued in respect of, the main internal drainage district or, as the case may be, such part of that district as is situated within a minor internal drainage district.
Without prejudice to subsection (3) of section 140 below, a resolution under this section may be acted upon by the appropriate agency forthwith, notwithstanding that the time for bringing an appeal under that section has not expired or that an appeal so brought is pending.
If— the board or council may, within six weeks after the date on which notice of the resolution is given by the appropriate agency to the internal drainage board in question, appeal to the relevant Minister against the resolution.
an internal drainage board is aggrieved by a resolution of the appropriate agency under section 139 above determining the amount of any contribution; or
the council of any county , county borough or London borough is aggrieved by any such resolution on the ground that the amount of the contribution required to be made by an internal drainage board is inadequate,
On an appeal under this section the relevant Minister may, after— make such an order in the matter as he thinks just.
considering any objections made to him; and
if he thinks fit, holding a local public inquiry,
Where the appropriate agency has acted on a resolution by virtue of section 139(5) above and an appeal is brought in respect of the resolution, the relevant Minister shall by his order direct such adjustment to be made in respect of any sums recovered or paid in pursuance of the resolution as may be necessary for giving effect to his decision.
Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.
Compliance with any order made by the relevant Minister under this section may be enforced by mandamus.
In this section “the relevant Minister”—
in relation to an internal drainage district wholly in Wales or the drainage board for such a district, means the Secretary of State;
in relation to an internal drainage district partly in Wales or the drainage board for such a district, means the Ministers; and
in any other case, means the Minister.
The appropriate agency may issue precepts to internal drainage boards requiring payment of any amount required to be contributed by those boards under section 139 above.
An internal drainage board shall pay, in accordance with any precept issued to them under this section, the amount thereby demanded.
It shall be the duty of the appropriate agency to prepare, in such form as the relevant Minister may direct, a statement of— and an internal drainage board shall not be liable to pay the amount demanded by any such precept until they have received such a statement.
the purposes to which the amount demanded by any precept issued by the appropriate agency under this section is intended to be applied; and
the basis on which it is calculated;
Compliance with any precept issued by the appropriate agency in accordance with this section may be enforced by mandamus.
In this section “the relevant Minister” has the same meaning as in section 140 above.
Each of the Ministers shall have power, on an application made to him by the appropriate agency, by order made by statutory instrument to make provision in relation to an area defined by the order—
for the imposition on the owners and occupiers of fisheries in that area of requirements to pay contributions to the appropriate agency, of such amounts as may be determined under the order, in respect of the expenses of the carrying out in relation to that area of the appropriate agency's functions with respect to fisheries;
for such contributions to be paid or recovered in such manner, and to be refundable, in such circumstances as may be specified in or determined under the order.
Subsections (2) to (6)of section 115 above shall have effect in relation to the power conferred by subsection (1) above as they have effect in relation to the power conferred by subsection (1) of that section.
The reference in this section to the owners and occupiers of fisheries shall have the same meaning as any such reference in the Salmon and Freshwater Fisheries Act 1975.
Where any navigable waters— are not subject to the control of any navigation authority, harbour authority or conservancy authority, the appropriate agency may apply to the Secretary of State for an order imposing tolls in respect of the navigation of vessels in those waters.
in England and Wales; or
in so much of the territorial sea adjacent to England and Wales as is included in a flood risk management region,
An order under this section shall not be made unless the Secretary of State is satisfied that the cost of the maintenance or works in connection with the waters to which the order relates has been or will be increased as a result of the use of those waters for purposes of navigation.
Schedule 17 to this Act shall have effect with respect to the making of orders under this section.
Any tolls payable under this section in respect of the navigation of a vessel in any water referred to in subsection (1) above—
may be demanded from the person in charge of the vessel by any person authorised for that purpose by the appropriate agency; and
if not paid on demand, may be recovered from either the person in charge of the vessel or the owner of the vessel.
Without prejudice to the generality of its powers by virtue of section 4(1)(a) above and subject to any such express provision with respect to charging by the Authority as is contained in the preceding provisions of this Chapter or any other enactment, the Authority shall have power to fix and recover charges for services and facilities provided in the course of carrying out its functions.
In this Chapter— “spray irrigation” has the same meaning as in Chapter II of Part II of this Act.
“chargeable land” means the agricultural land and agricultural buildings in so much of the area of a regional flood defence committee as does not fall within an internal drainage district, excluding rough grazing land and woodlands other than commercial woodlands;
“drainage” has the same meaning as in Part IV above;
land used as pasture ground on which the vegetation consists solely or mainly of one or more of the following, that is to say, bracken, gorse, heather, rushes and sedge; and
land so used which is unsuitable for mowing by machine and on which the vegetation consists solely or mainly of grass of poor feeding value; and
The Secretary of State may, with the approval of the Treasury, make grants to the Authority of such amounts as he thinks fit.
The payment by the Secretary of State of a grant under this section shall be on such terms as he may, with the approval of the Treasury, provide.
The Secretary of State shall— and the form of the account and the manner of preparing it shall be such as the Treasury may direct.
prepare in respect of each financial year an account of the sums paid by him to the Authority under this section; and
before the end of September in the following financial year send that account to the Comptroller and Auditor General;
The Comptroller and Auditor General shall examine, certify and report on each account sent to him under this section and shall lay copies of it and of his report before each House of Parliament.
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Subject to subsection (2) below, the relevant Minister may make grants towards expenditure incurred by the Authority in—
the improvement of existing drainage works; or
the construction of new drainage works.
Grants under subsection (1) above shall be—
of such amounts as the Treasury may from time to time sanction; and
subject to such conditions as may, with the approval of the Treasury, be prescribed by regulations made by the relevant Minister.
No grant shall be made under subsection (1) above towards expenditure incurred in connection with any improvement or construction unless—
the plans and sections for it have been approved by the relevant Minister; and
the relevant Minister is satisfied that the work is being or has been properly carried out.
The relevant Minister may, with the approval of the Treasury, make grants to the Authority in respect of expenditure properly incurred by it with a view to carrying out drainage works, being expenditure towards which, if the works had been properly carried out, a grant would have been payable under subsection (1) above.
Where the Authority is about to incur— the relevant Minister may, with the approval of the Treasury, make advances to the Authority on account of the expenditure.
such expenditure in respect of any work as is expenditure towards which, if the work is properly carried out, a grant will be payable under subsection (1) above; or
expenditure in respect of which it appears to the relevant Minister that a grant will be payable under subsection (4) above,
In this section “the relevant Minister”—
in relation to Wales, means the Secretary of State; and
in relation to England, means the Minister.
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The relevant Minister may make grants, of such amounts as the Treasury may from time to time sanction, towards expenditure incurred by the Authority in providing or installing apparatus, or carrying out other engineering or building operations, for the purposes of a flood warning system.
No grant shall be payable under this section towards expenditure incurred in connection with any work unless—
the work has been approved by the relevant Minister; and
the relevant Minister is satisfied that the work is being or has been properly carried out.
Grants under this section shall be made subject to such conditions as may be imposed by the relevant Minister with the approval of the Treasury.
Where any such expenditure as is mentioned in subsection (1) above is about to be incurred by the Authority, the relevant Minister may, with the approval of the Treasury, make advances to the Authority on account of the expenditure.
In this section—
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The relevant Minister may, with the approval of the Treasury, make to the Authority grants in respect of expenditure incurred by the Authority, and advances on account of expenditure to be incurred by the Authority, in connection with the Authority’s functions by virtue of section 165(1)(b) or (c) below—
in making payments arising from the exercise of any power of the Authority by virtue of this Act to acquire land by agreement or compulsorily;
in providing housing accommodation for persons employed or to be employed by the Authority in controlling works of such a kind or so located that those persons are or will be required to reside in the vicinity of the works;
for making payments by virtue of any provision having effect under section 177 below in respect of injury sustained by any person by reason of the exercise by the Authority of any powers under section 165 below;
in paying compensation by virtue of any provision having effect under section 177 below in respect of injury sustained by reason of the exercise by the Authority of its powers under section 167 below.
The relevant Minister may, with the approval of the Treasury, make to the Authority grants in respect of, or advances on account of, expenditure incurred or to be incurred in carrying out works for the rebuilding or repair of any bridge maintained by the Authority, other than works appearing to the relevant Minister to be maintenance works of a routine kind.
The relevant Minister may, with the approval of the Treasury, make to the Authority grants in respect of the cost of any works executed by the Authority in pursuance of section 165(4) below.
In this section “the relevant Minister” has the same meaning as in section 147 above.
The Secretary of State may make grants to the Authority for the purpose of defraying or contributing towards any losses it may sustain by reason of compliance with directions given under section 207 below in the interests of national security.
The approval of the Treasury shall be required for the making of grants under this section.
The Authority shall be entitled to borrow in accordance with the following provisions of this section, but not otherwise.
Subject to subsection (4) below, the Authority may, with the consent of either of the Ministers and with the approval of the Treasury, borrow temporarily in sterling, by way of overdraft or otherwise, from persons other than the Ministers, such sums as it may require for meeting its obligations and carrying out its functions.
Subject to subsection (4) below, the Authority may borrow, otherwise than by way of temporary loan, such sums in sterling from either of the Ministers as it may require for capital purposes in connection with the carrying out of its flood defence functions.
The aggregate amount outstanding in respect of the principal of sums borrowed under this section by the Authority shall not at any time exceed £100 million or such greater sum, not exceeding £160 million, as the Ministers may specify by order made by statutory instrument.
No order shall be made under subsection (4) above unless a draft of the order has been laid before the House of Commons and has been approved by a resolution of that House.
Each of the Ministers shall have power, with the approval of the Treasury, to lend any sums to the Authority which the Authority has power to borrow under section 151(3) above.
Any loan made by one of the Ministers under this section shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as that Minister may with the approval of the Treasury from time to time determine.
Any sums required by either of the Ministers for making a loan under this section shall be paid out of money provided by Parliament; and any sums received by either of them in pursuance of subsection (2) above shall be paid into the Consolidated Fund.
Each of the Ministers shall- and the form of the account and the manner of preparing it shall be such as the Treasury may direct.
prepare in respect of each financial year an account of the sums lent by him to the Authority under this section; and
before the end of September in the following financial year send that account to the Comptroller and Auditor General;
The Comptroller and Auditor General shall examine, certify and report on each account sent to him under this section and shall lay copies of it and of his report before each House of Parliament.
Each of the Ministers shall have power, with the consent of the Treasury, to guarantee, in such manner and on such conditions as he may think fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum which the Authority borrows from any person.
Immediately after a guarantee is given under this section the Minister who gave it shall lay a statement of the guarantee before each House of Parliament.
Where any sum is paid out for fulfilling a guarantee under this section the Minister who gave the guarantee shall, as soon as possible after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of the interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.
Any sums required by either of the Ministers for fulfilling a guarantee under this section shall be paid out of money provided by Parliament.
If any sums are paid out in fulfilment of a guarantee under this section, the Authority shall make to the Minister who gave the guarantee, at such times and in such manner as that Minister may from time to time direct— and the consent of the Treasury shall be required for the giving of a direction under this subsection.
payments of such amounts as that Minister may so direct in or towards repayment of the sums so paid out; and
payments of interest, at such rate as that Minister may so direct, on what is outstanding for the time being in respect of sums so paid out;
Any sums received by either of the Ministers under subsection (5) above shall be paid into the Consolidated Fund.
The Agency or the NRBW may be authorised by the relevant Minister to purchase compulsorily any land anywhere in England and Wales which is required by the Agency or the NRBW for the purposes of, or in connection with, the carrying out of its functions.
The power of the relevant Minister under subsection (1) above shall include power—
to authorise the acquisition of interests in, and rights over, land by the creation of new interests and rights; and
by authorising the acquisition by the Agency or, as the case may be, by the NRBW, of any rights over land which is to be or has been acquired by the Agency or the NRBW, to provide for the extinguishment of those rights.
Without prejudice to the generality of subsection (1) above, the land which the Agency or the NRBW may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.
Subject to section 182 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Agency or the NRBW; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.
Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.
The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred, by virtue of any provision of this Act or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency) or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903)), on the Agency or the NRBW as if—
any reference in those provisions to the acquiring authority were a reference to the Agency or, as the case may be, the NRBW; and
any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power.
In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.
In subsections (1) and (2), “the relevant Minister” means—
in relation to land in England, the Secretary of State; and
in relation to land in Wales, the Welsh Ministers.
If the relevant Minister certifies that, as the result of— there has been or is likely to be any accretion of land, the powers of the Agency and the NRBW by virtue of this Act, for the purpose of carrying out its functions or, as the case may be, its relevant transferred functions, to acquire land or any interest in or right over land by agreement or compulsorily shall include power so to acquire the land mentioned in subsection (2) below.
any drainage works carried out or improved, or proposed to be carried out or improved, by the Agency or the NRBW in connection with the tidal waters of a main river; or
any drainage works transferred from a drainage body to the Agency or the NRBW in pursuance of this Act or the Land Drainage Act 1991,
The land mentioned in subsection (1) above is—
the accretion of land or the land to which the accretion will, if it takes place, be added, together with any right to reclaim or embank the accretion; and
such other land as is reasonably required for the purpose of reclamation of the accretion or for the enjoyment of it when reclaimed.
An agreement or order with respect to the acquisition of any land or rights by virtue of this section may provide for the transfer to the Agency or, as the case may be, the NRBW of any liability for the upkeep, maintenance and repair of any bank or drainage work or of any other like liability.
Where the value of any land or right is increased by the carrying out or proposed carrying out of drainage works by the Agency or, as the case may be, the NRBW the amount of the increase shall not be taken into account in assessing the compensation in respect of the compulsory acquisition of it.
Where, by reason of a certificate having been given by the relevant Minister under this section in relation to any drainage works, the Agency or, as the case may be, the NRBW has acquired any land or right and a grant has been made out of public moneys for defraying the cost or part of the cost of the carrying out of the works, the Agency or, as the case may be, the NRBW shall— transfer the land or right to the Commissioners or to any person nominated by them.
on being so required by the Crown Estate Commissioners; and
on payment by the Commissioners to the Agency or the NRBW of the sum paid by the Agency or the NRBW in respect of the acquisition of the land or right, together with the amount of any costs incurred by the Agency or the NRBW in connection with the acquisition,
If the Agency or, as the case may be, the NRBW, on being so required by the Crown Estate Commissioners in pursuance of subsection (5) above, fail to transfer to the Commissioners any land or right, the relevant Minister may by a vesting order transfer the land or right to the Commissioners or to a person nominated by them; and, for the purposes of this subsection, the relevant Minister shall be deemed to be a competent authority within the meaning of section 9 of the Law of Property Act 1925.
In this section—
in relation to England, means the Minister; and
in relation to Wales, means the Secretary of State.
Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the powers conferred on the Agency or, as the case may be, the NRBW, by those provisions and section 154 above include power to purchase or take on lease (either by agreement or, if so authorised, compulsorily)—
any dam, fishing weir, fishing mill dam, fixed engine or other artificial obstruction and any fishery attached to or worked in connection with any such obstruction;
so much of the bank adjoining a dam as may be necessary for making or maintaining a fish pass for the purposes of section 10 of the Salmon and Freshwater Fisheries Act 1975; and
for the purpose of erecting and working a fixed engine, any fishery land or foreshore together with any easement over any adjoining land necessary for securing access to the fishery land or foreshore so acquired.
Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency) or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the Agency or, as the case may be, the NRBW, may— subject, in the case of an obstruction or fishery acquired by way of lease, to the terms of the lease.
either alter or remove an obstruction acquired in the exercise of the powers mentioned in subsection (1) above; or
by itself or its lessees use or work in any lawful manner the obstruction for fishing purposes and exercise the right by any fishery so acquired,
Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.
The Agency and the NRBW shall not dispose of any of its compulsorily acquired land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, one of the Ministers.
A consent or authorisation for the purposes of this section—
shall be set out in a notice served on the Agency or, as the case may be, the NRBW by the Minister who is giving the consent or authorisation; and
in the case of an authorisation, may be combined with an authorisation for the purposes of section 156 of the Water Industry Act 1991 (restrictions on disposals of land by a water or sewerage undertaker).
A consent or authorisation for the purposes of this section may be given on such conditions as the Minister who is giving it considers appropriate.
Without prejudice to the generality of subsection (3) above, the conditions of a consent or authorisation for the purposes of this section may include a requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available to such person as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question.
A requirement under subsection (4) above may require the opportunity to be made available in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question.
In this section “compulsorily acquired land”, in relation to the Agency, means any land of the Agency which—
was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below;
was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily;
being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by theAuthority—
compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the Water Act 1989 or of an order under section 155 of that Act; or
at a time when it was authorised under those provisions to acquire the land compulsorily;
being land— was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or
which has been so transferred, and
which was transferred to theAuthority in accordance with a scheme under Schedule 2 to the Water Act 1989,
being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph.
In this section “compulsorily acquired land”, in relation to the NRBW, means any land of the NRBW which—
was acquired by the NRBW compulsorily under the provisions of section 154 above or of an order under section 168 below;
was acquired by the NRBW at a time when it was authorised under those provisions to acquire the land compulsorily; or
being land which has been transferred to the NRBW from the Agency in accordance with a scheme made under section 23 of the Public Bodies Act 2011, was compulsorily acquired land of the Agency within the meaning of subsection (6).
Without prejudice to the generality of the powers of the Agency by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) of the NRBW by virtue of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), but subject to subsection (2) below, those powers shall include power to enter into an agreement with any water undertaker, with any sewerage undertaker, with any local authority or joint planning board, or with the owner or occupier of any land, with respect to any one or more of the following matters, that is to say—
the carrying out by any party to the agreement of works which the appropriate agency considers necessary or expedient in connection with the carrying out of any of the appropriate agency's functions by virtue of Part II of this Act;
the maintenance by any party to the agreement of works carried out in pursuance of the agreement;
provision for the appropriate agency to use, or have access to, any land for any purpose connected with the carrying out of any of those functions;
the manner in which any reservoir is to be operated.
The Secretary of State may by a direction to the appropriate agency direct that, in such cases or classes of cases as are specified in the direction, the appropriate agency shall not enter into any such agreement as is mentioned in subsection (1) above except with his consent.
An agreement such as is mentioned in subsection (1) above may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the appropriate agency necessary or expedient for the purposes of the agreement.
Where an agreement such as is mentioned in subsection (1) above is made with an owner of land, other than registered land, and the agreement provides that the provisions of this subsection shall have effect in relation to the agreement—
the agreement may be registered as a land charge under the Land Charges Act 1972 as if it were a charge affecting land falling within paragraph (iii) of Class D;
the provisions of section 4 of that Act (which relates to the effect of non-registration) shall apply as if the agreement were such a land charge; and
subject to the provisions of section 4 of that Act, the agreement shall be binding upon any successor of that owner to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that successor apart from the provisions of this paragraph.
Where an agreement such as is mentioned in subsection (1) above is made with an owner of land which is registered land, and the agreement provides that the provisions of this subsection shall have effect in relation to the agreement—
the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 as if it were an interest affecting the registered land;
the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) shall apply as if the agreement were such an interest;
subject to the provisions of those sections, the agreement shall be binding upon any successor of that owner to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that successor apart from the provisions of this paragraph.
In this section—
Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power—
to lay a relevant pipe in, under or over any street and to keep that pipe there;
to inspect, maintain, adjust, repair or alter any relevant pipe which is in, under or over any street; and
to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say—
breaking up or opening a street;
tunnelling or boring under a street;
breaking up or opening a sewer, drain or tunnel;
moving or removing earth and other materials.
Without prejudice to the generality of subsection (1)(c) above, the appropriate agency shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes.
The appropriate agency may carry out work within subsection (1)(a) to (c) if—
it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and
the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.
The power conferred by subsection (2) above shall include power to attach any such notice as is mentioned in that subsection to any building, fence or other structure which is comprised in premises abutting on the street in question.
Until the coming into force of its repeal by the New Roads and Street Works Act 1991 section 20 of the Highways Act 1980 (works in special roads) shall have effect as if the reference in that section to a power under any enactment to lay down or erect apparatus included a reference to any power to lay any pipe which is conferred by this section.
In this section references to a relevant pipe are references to a resource main or discharge pipe and references to laying such a pipe shall include references-
to the laying of any drain or sewer for any of the purposes specified in subsection (6) below; and
to the construction of a watercourse for any of those purposes.
The purposes mentioned in subsection (5) above are—
intercepting, treating or disposing of any foul water arising or flowing upon any land; or
otherwise preventing the pollution—
of any waters, whether on the surface or underground, which belong to the appropriate agency or any water undertaker or from which the appropriate agency or any water undertaker is authorised to take water;
without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the appropriate agency or any water undertaker or which the appropriate agency or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or
of any underground strata from which the appropriate agency or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of this Act.
References in this section to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe as the pipe replaced.
Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power—
to lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there;
to inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land;
to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above.
The powers conferred by this section shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.
The appropriate agency may carry out work within subsection (1)(a) to (c) if—
it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and
the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.
Subject to subsection (4) below, in relation to any exercise of the powers conferred by this section for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of subsection (2) above shall be deemed—
where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and
where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.
In this section references to a relevant pipe are references to a resource main or discharge pipe; and subsection (7) of section 159 above shall apply for the purposes of this section as it applies for the purposes of that section.
This section applies where it appears to the appropriate agency that any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters.
in a case where the matter appears likely to enter any controlled waters, works and operations for the purpose of preventing it from doing so; or
in a case where the matter appears to be or to have been present in any controlled waters, works and operations for the purpose—
of removing or disposing of the matter;
of remedying or mitigating any pollution caused by its presence in the waters; or
so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.
In a case where the matter appears to be or to have been present in the controlled waters, the appropriate agency shall be entitled to carry out works and operations for any of the following purposes—
removing or disposing of the matter;
remedying or mitigating any pollution caused by its presence in the waters; or
restoring (so far as it is reasonably practicable to do so) the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.
In a case where the matter appears to be likely to enter the controlled waters, the appropriate agency shall be entitled to carry out works and operations for the purpose of preventing it from doing so.
caused or knowingly permitted the matter in question to be present at the place from which it was likely, in the opinion of the Authority, to enter any controlled waters; or
caused or knowingly permitted the matter in question to be present in any controlled waters.
The appropriate agency shall be entitled to carry out investigations for the purpose of establishing any of the following—
the nature of the matter,
the source of the matter;
the nature and effects of any pollution caused or likely to be caused by the presence of the matter; and
the identity of any responsible persons.
Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (2) or (3) shall only be exercisable in a case where—
the appropriate agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or
it appears to the appropriate agency , after reasonable enquiry, that no responsible person can be found on whom to serve a works notice.
In this section “responsible person” means a person who has caused or knowingly permitted the matter—
to be present in the controlled waters; or
to be at a place from which it was likely, in the opinion of the appropriate agency, to enter the controlled waters.
Without prejudice to the powers conferred by sections 161 to 161D above and subsections (2) and (3) below, the appropriate agency shall have power, on any land— to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose of intercepting, treating or disposing of any foul water arising or flowing on that land or of otherwise preventing any such pollution as is mentioned in section 159(6)(b) above.
which belongs to the appropriate agency; or
over or in which the appropriate agency has acquired the necessary easements or rights,
Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power— and the provisions of section 159 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.
to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and
to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above, including for those purposes the following kinds of works, that is to say—
breaking up or opening a street;
tunnelling or boring under a street;
breaking up or opening a sewer, drain or tunnel;
moving or removing earth and other materials;
Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power— and the provisions of section 160 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.
to carry out on any land which is not in, under or over a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and
to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above;
Without prejudice to the provisions of sections 178 to 184 below, nothing in subsection (1) above shall authorise the appropriate agency, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.
Any dispute as to whether any consent for the purposes of subsection (4) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
In this section—
“source of supply” shall be construed without reference to the definition of that expression in section 221 below; and
Any reference in this section to a water supply licensee is a reference to a person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991.
This section applies where it appears to the appropriate agency that any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (and it is immaterial whether the source of potential harm has been identified).
In this section “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of the environmental objectives applicable to the controlled waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into or presence in those waters of any poisonous, noxious or polluting matter or waste matter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appropriate agency shall be entitled to carry out works and operations for any of the following purposes (so far as it is reasonably practicable to achieve them)—
removing the source of potential harm;
preventing any harm or further harm being caused to the controlled waters;
in a case where the controlled waters are being or have been harmed—
remedying or mitigating the effects of the harm;
restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before any harm was caused.
The appropriate agency shall be entitled to carry out investigations for the purpose of establishing any of the following—
the source of any harm or potential harm to the controlled waters;
the nature and effects of any harm caused or likely to be caused to those waters; and
the identity of any responsible persons.
Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable in a case where—
the appropriate agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or
it appears to the appropriate agency , after reasonable enquiry, that no responsible person can be found on whom to serve a works notice.
In this section “responsible person” means a person who has caused or knowingly permitted—
any harm to be caused to the controlled waters; or
a source of potential harm to exist that is likely, in the opinion of the appropriate agency, to cause harm to the controlled waters.
This section applies where it appears to the appropriate agency that—
the condition of any hydromorphological quality element affecting any controlled waters is unsatisfactory; and
it is possible to improve the hydromorphological quality element by carrying out works or operations.
For the purposes of this section the condition of a hydromorphological quality element affecting the controlled waters is unsatisfactory if (whether by itself or in combination with other factors) if it is likely to prevent the waters from achieving the applicable environmental objectives.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appropriate agency shall be entitled to carry out works and operations for the purpose of improving the condition of the hydromorphological quality element in question with a view to achieving (or contributing to the achievement of) the applicable environmental objectives.
The appropriate agency shall be entitled to carry out investigations for the purpose of establishing why the condition of the hydromorphological quality element in question is unsatisfactory.
Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable if it appears to the appropriate agency that it is unable to secure that the necessary works or operations are carried out by exercising its powers under section 161 or 161ZA or by serving a works notice on any responsible person.
Nothing in sections 161 to 161ZB shall entitle the appropriate agency to impede or prevent the making of any discharge in pursuance of an environmental permit.
Where the appropriate agency carries out any works, operations or investigations under any of the powers conferred by section 161 or 161ZA it shall, subject to subsection (3), be entitled to recover the expenses reasonably incurred in doing so from any responsible person (within the meaning of the section conferring the powers in question).
No expenses are recoverable from a person for any works, operations or investigations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters.
Subsection (3) does not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in sections 161, 161ZA and 161ZB—
derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under any of those sections; or
affects any restriction imposed by or under any other enactment, whether public local or private.
In this section—
In sections 161, 161ZA and 161ZB and this section “controlled waters” has the same meaning as in Part 3 of this Act ...
In sections 161ZA and 161ZB, “environmental objectives”, “hydromorphological quality element” and “Water Framework Directive” have the meanings given by section 93(7) of this Act.
Where it appears to the appropriate agency that— the appropriate agency shall be entitled to serve a works notice on any responsible person.
any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters (so that section 161 applies), or
any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (so that section 161ZA applies),
In this section “responsible person” has the same meaning as in section 161 or 161ZA) (as the case may be).
For the purposes of this section a works notice is a notice requiring the person on whom it is served to carry out such works or operations as may be specified in the notice.
The works or operations that may be so specified are works or operations which may be carried out under section 161(2) or (3) or section 161ZA(4) (as the case may be).
Where the appropriate agency has carried out any such investigations as are mentioned in sections 161(4) or 161ZA(5) and serves a works notice on a responsible person in connection with the matters to which the investigations relate it shall (unless the notice is quashed or withdrawn) be entitled to recover from that person the costs or expenses reasonably incurred in carrying out those investigations.
The appropriate national authority may, if it thinks fit in relation to any person, give directions to the appropriate agency as to whether or how it should exercise its powers under this section or section 161AA.
In this section and sections 161AA and 161AB “controlled waters” has the same meaning as in Part 3 of this Act.
A works notice—
must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and
is without prejudice to the powers of the appropriate agency to carry out any works or operations under section 161(5)(a) or 161ZA(6)(a).
Before serving a works notice on any person, the appropriate agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.
The appropriate national authority may by regulations make provision for or in connection with—
the form or content of works notices;
requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;
steps to be taken for the purposes of any consultation required under subsection (2) or regulations made by virtue of paragraph (b); or
any other steps of a procedural nature which are to be taken in connection with or in consequence of the service of a works notice.
A works notice shall not be regarded as invalid or as invalidly served by reason only of a failure to comply with the requirements of subsection (2) or of regulations made by virtue of paragraph (b) of subsection (3).
In this section and section 161A, “appropriate national authority” means—
in relation to England, the Secretary of State; and
in relation to Wales, the Welsh Ministers.
The power to make regulations under this section shall be exercisable by statutory instrument subject—
in the case of regulations made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and
in the case of regulations made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales.
In this section,—
paragraph (1) of section 219 does not apply; and
in paragraph (2) of that section, references to “the Ministers” or the “the Secretary of State” shall be taken to be references to the appropriate national authority.
Nothing in section 161A shall entitle the appropriate agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of an environmental permit .
No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters.
Subsection (2) does not apply to the service of a notice on the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
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In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.
A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations.
Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.
Before serving a works notice, the appropriate agency shall reasonably endeavour to consult every person who appears to it— concerning the rights which that person may be so required to grant.
to be the owner or occupier of any relevant land, and
to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,
A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.
A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.
Without prejudice to the generality of the regulations that may be made by virtue of subsection (5), regulations by virtue of that subsection may—
provide for the basis on which any amount to be paid by way of compensation under this section is to be assessed;
without prejudice to the generality of paragraph (a) above, provide for compensation under this section to be payable in respect of—
any effect of any rights being granted, or
any consequence of the exercise of any rights which have been granted;
provide for the times at which any entitlement to compensation under this section is to arise or at which any such compensation is to become payable;
provide for the persons or bodies by whom, and the manner in which, any dispute— is to be determined;
as to whether any, and (if so) how much and when, compensation under this section is payable, or
as to the person to or by whom it shall be paid,
provide for when or how applications may be made for compensation under this section;
without prejudice to the generality of paragraph (d) above, provide for when or how applications may be made for the determination of any such disputes as are mentioned in that paragraph;
without prejudice to the generality of paragraphs (e) and (f) above, prescribe the form in which any such applications as are mentioned in those paragraphs are to be made;
make provision similar to any provision made by paragraph 8 of Schedule 19;
make different provision for different cases, including different provision in relation to different persons or circumstances;
include such incidental, supplemental, consequential or transitional provision as the Secretary of State considers appropriate.
In this section—
A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.
On any appeal under this section the Secretary of State—
shall quash the notice, if he is satisfied that there is a material defect in the notice; but
subject to that, may confirm the notice, with or without modification, or quash it.
The Secretary of State may by regulations make provision with respect to—
the grounds on which appeals under this section may be made; or
the procedure on any such appeal.
Regulations under subsection (3) above may (among other things)—
include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);
prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;
prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;
make provision as respects—
the particulars to be included in the notice of appeal;
the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or
the abandonment of an appeal.
In this section “works notice” means a works notice under section 161A above.
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
If a person on whom the appropriate agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.
A person who commits an offence under subsection (1) above shall be liable—
on summary conviction, to imprisonment for a term not exceeding three months or to a fine or to both;
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it.
If the appropriate agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
In this section “works notice” means a works notice under section 161A above.
Subject to the following provisions of this section and to section 164 below, where the appropriate agency— the appropriate agency may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.
is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole or other work belonging to or used by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions; or
is exercising or about to exercise any power conferred by section 159, 160 or 162(2) or (3) above,
Nothing in this section shall authorise any discharge which—
damages or injuriously affects the works or property of any railway company or navigation authority; or
floods or damages any highway.
If the appropriate agency fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from— it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
mud and silt;
solid, polluting, offensive or injurious substances; and
any substances prejudicial to fish or spawn, or to spawning beds or food of fish,
In this section—
Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under section 163 above except with such consent as may be prescribed.
Where the appropriate agency makes an application to any person for a consent for the purposes of this section— but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application.
that application shall be accompanied or supplemented by all such information as that person may reasonably require; and
the appropriate agency shall serve a copy of the application, and of any consent given on that application, on every person who—
is registered with the appropriate agency in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and
has not agreed in writing that he need not be served with such a copy;
Subject to subsection (4) below, an application for a consent for the purposes of this section shall be determined— and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.
in the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; and
in any other case, before the end of the period of three months beginning with that day;
Where— that person may delay his determination of the application until a reasonable time after the required information is provided.
the appropriate agency, having made an application to any person for a consent for the purposes of this section, has failed to comply with its obligation under subsection (2)(a) above to supplement that application with information required by that person; and
that requirement was made by that person at such a time before the end of the period within which he is required to determine the application as gave the appropriate agency a reasonable opportunity to provide the required information within that period,
A consent for the purposes of this section may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.
Any dispute as to whether a consent for the purposes of this section should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
Where any discharge under section 163 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this section, the appropriate agency shall, as soon as practicable after making the discharge, serve a notice which— on every person on whom the appropriate agency would have been required to serve the application for that consent or any copy of that application.
states that the discharge has been made; and
gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,
If the appropriate agency contravenes, without reasonable excuse, any of the requirements of this section or any condition of a consent given for the purposes of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Nothing in this section shall require any consent to be obtained, or any notice to be served, in respect of any discharge if the requirements of section 34 of the Water Act 1945 (temporary discharges into watercourses) in relation to that discharge had been satisfied before 1st September 1989.
The appropriate agency may—
to maintain existing works, that is to say, to cleanse, repair or otherwise maintain in a due state of efficiency any existing watercourse or any drainage work;
carry out flood risk management work within subsection (1D)(a) to (f) if Conditions 1 and 2 are satisfied;
to improve any existing works, that is to say, to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work;
carry out flood risk management work within subsection (1D)(g) or (h) if Condition 1 is satisfied.
to construct new works, that is to say, to make any new watercourse or drainage work or erect any machinery or do any other act (other than an act referred to in paragraph (a) or (b) above) required for the drainage of any land.
The appropriate agency shall also have power... to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water; and that power shall be exercisable both above and below the low-water mark.
Condition 1 is that the appropriate agency considers the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.
The appropriate agency may construct all such works and do all such things in the sea or in any estuary as may, in its opinion, be necessary to secure an adequate outfall for a main river.
Condition 2 is that the purpose of the work is to manage a flood risk (within the meaning of that Act) from—
the sea, or
a main river.
The Agency or the NRBW may by agreement with any person carry out, improve or maintain, at that person’s expense, any drainage works which that person is entitled to carry out, improve or maintain; but for the purposes of this subsection the expense to be borne by that person shall not include such part (if any) of the amount of any grant made under section 47 of the Environment Act 1995 (grants to the new Agencies) or article 12 of the Natural Resources Body for Wales (Establishment) Order 2012 (grants to the NRBW) (S.I.2012/1903) as the Agency or the NRBW decides (subject to any terms on which the grant is made) to allocate for the works in question.
In subsection (1B)(b) the reference to a main river includes a reference to a lake, pond or other area of water which flows into a main river.
The Agency or the NRBW may enter into an agreement with any local authority or with any navigation authority for the carrying out by that authority, on such terms as to payment or otherwise as may be specified in the agreement, of any work ... which the Agency or the NRBW is authorised to carry out under this section.
In this section “flood risk management work” means anything done—
to maintain existing works (including buildings or structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work;
to operate existing works (such as sluicegates or pumps);
to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work;
to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery);
for the purpose of maintaining or restoring natural processes;
to monitor, investigate or survey a location or a natural process;
to reduce or increase the level of water in a place;
to alter or remove works.
Nothing in subsections (1) to (3) above authorises any person to enter on the land of any person except for the purpose of maintaining existing works.
In this section “watercourse” has the same meaning as in Part IV of this Act ...
whether any work is a drainage work in connection with a main river; or
whether any proposed work will, if constructed, be such a drainage work,
Without prejudice to its other powers by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), Part IV of this Act and this Part, the appropriate agency shall have power—
to provide and operate flood warning systems;
to provide, install and maintain apparatus required for the purposes of such systems;
to carry out any other engineering or building operations so required.
Subsection (1) above shall not be construed as authorising, on the part of the appropriate agency, any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the appropriate agency by virtue of its constitution.
The Agency may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if— but the powers conferred by this subsection are subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority (within the meaning of section 1 of the Flood Prevention (Scotland) Act 1961) for the area in Scotland in question.
its functions in relation to the flood risk management regions adjacent to Scotland were functions in relation to that area in Scotland; and
that area in Scotland were included in those flood risk management regions;
Subject to subsection (2) below, the appropriate agency may—
without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any watercourse; and
deposit any matter so removed on the banks of the watercourse, or on such width of land adjoining the watercourse as is sufficient to enable the matter in question to be removed and deposited by mechanical means in one operation.
Subsection (1) above shall not authorise the deposit of any matter if the matter deposited would constitute a statutory nuisance within the meaning of Part III of the Environmental Protection Act 1990.
The appropriate agency and the council of any district or London borough or Welsh county or county borough may enter into an agreement providing—
for the disposal by the council of any matter removed as mentioned in subsection (1) above; and
for the payment by the appropriate agency to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement.
In this section “banks” and “watercourse” have the same meanings as in Part IV of this Act.
Consultation in relation to works affecting flood and coastal erosion risks
Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010) in Wales, the Agency must consult the NRBW.
Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within that meaning) in England, the NRBW must consult the Agency.
This section applies to any function under—
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the flood risk management work provisions;
byelaws made under paragraph 5 of Schedule 25.
Where the appropriate agency is proposing, for the purposes of, or in connection with, the carrying out of any of its functions— the appropriate agency may apply to either of the Ministers for an order under this section (“a compulsory works order").
to carry out any engineering or building operations; or
to discharge water into any inland waters or underground strata,
Subject to the following provisions of this section, the Ministers shall each have power, on an application under subsection (1) above, by order made by statutory instrument— as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.
to confer such compulsory powers; and
to grant such authority,
Schedule 19 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.
Subject to the provisions of Schedule 19 to this Act, a compulsory works order may— and section 156(1) above shall apply in relation to the powers conferred by virtue of this section as it applies in relation to the power conferred by section 154 above.
without prejudice to section 154 above, confer power to acquire compulsorily any land, including—
power to acquire interests in and rights over land by the creation of new rights and interests; and
power, by the compulsory acquisition by the appropriate agency of any rights over land which is to be or has been acquired by the appropriate agency, to extinguish any such rights;
apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part which do not apply for those purposes apart from by virtue of this paragraph;
make any authority granted by the order subject to such conditions as may be specified in the order;
amend or repeal any local statutory provision;
contain such supplemental, consequential and transitional provision as the Minister making the order considers appropriate;
Without prejudice to any duty imposed by virtue of section 184 below, where— he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.
either of the Ministers makes a compulsory works order authorising the appropriate agency to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the appropriate agency; and
it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,
Nothing in any compulsory works order shall exempt the appropriate agency from any restriction imposed by Chapter II of Part II of this Act.
It is hereby declared that a compulsory works order may grant authority for discharges of water by the appropriate agency where the appropriate agency has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.
In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 155 to 158 and 165 to 167 above.
In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.
Any person designated in writing for the purpose by either of the Ministers, by the Agency, or by the NRBW, may—
enter any premises or vessel for the purpose of ascertaining whether any provision of an enactment to which this section applies, of any subordinate legislation or other instrument made by virtue of any such enactment or of any byelaws made by the Agency or of any relevant byelaws made by the NRBW is being or has been contravened; and
carry out such inspections, measurements and tests on any premises or vessel entered by that person or of any articles found on any such premises or vessel, and take away such samples of water or effluent or of any land or articles, as that Minister, the Agency, or the NRBW—
considers appropriate for the purpose mentioned in paragraph (a) above; and
has authorised that person to carry out or take away.
The powers conferred by subsection (1) above in relation to any premises shall include power, in order to obtain information for the purpose mentioned in subsection (1)(a) above—
to carry out experimental borings or other works on those premises; and
to install and keep monitoring and other apparatus there.
Subject to subsection (4) below,this section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Agency carries out functions or the NRBW carries out relevant transferred functions.
The Agency may designate a person under subsection (1) in relation to—
any provision made by or under this Act, so far as it applies otherwise than in relation to Wales;
any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision;
any byelaws made by the Agency.
The NRBW may designate a person under subsection (1) in relation to—
any provision made by or under this Act, so far as it applies in relation to Wales;
any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision;
any relevant byelaws.
The powers conferred by this section shall not have effect for the purposes of any of the Agency’s or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act.
In this section, “relevant byelaws” means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.
Any person designated in writing for the purpose by the Agency or by the NRBW may enter any premises for any of the purposes specified in subsection (2) below.
The purposes mentioned in subsection (1) above are—
the carrying out of any survey or tests for the purpose of determining—
whether it is appropriate and practicable for the Agency or the NRBW to exercise any relevant works power; or
how any such power should be exercised;
the exercise of any such power.
The power by virtue of subsection (1) above of a person designated by the Agency or by the NRBW to enter any premises for the purposes of carrying out any survey or tests shall include power—
to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and
to take away and analyse such samples of water or effluent or of any land or articles as the Agency or the NRBW considers necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above and has authorised that person to take away and analyse.
In this section “relevant works power” means any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 above.
Without prejudice to the rights and powers conferred by the other provisions of this Chapter, any person designated in writing under this section by the Agency or by the NRBW may enter any premises for any of the purposes specified in subsection (2) below.
The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—
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whether it would be appropriate for the Agency or the NRBW to apply for an order under section 168 above and what compulsory powers it would be appropriate to apply for under that section.
The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—
to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;
to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and
to take away and analyse such samples of water or of any land or articles as the Agency or the NRBW considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.
The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of— unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.
whether, where or how a reservoir should be constructed; or
whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,
The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—
he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and
he has considered any representation or objections with respect to the proposed exercise of the powers under this section which—
have been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; and
have not been withdrawn.
In relation to the NRBW, the reference to functions in subsection (2)(a) has effect as a reference to relevant transferred functions.
Any person designated in writing for the purpose by either of the Ministers, by the Agency, or by the NRBW may enter any premises or vessel for the purpose of—
determining whether, and if so in what manner, any power or duty conferred or imposed on either of the Ministers, on the Agency, or on the NRBW, by virtue of any enactment to which this section applies (including a power of either or both of the Ministers to make subordinate legislation) should be exercised or, as the case may be, performed; or
exercising or performing any power or duty which is so conferred or imposed.
Any person designated in writing for the purpose by either of the Ministers, the Agency, or the NRBW, may— as that Minister , the Agency, or the NRBW, considers appropriate for any purpose mentioned in subsection (1) above and has authorised that person to carry out or take away.
carry out such inspections, measurements and tests on any premises or vessel entered by that person under this section or of any articles found on any such premises or vessel; and
take away such samples of water or effluent or of any land or articles,
Subject to subsection (3A) below,the powers which by virtue of subsections (1) and (2) above are conferred in relation to any premises for the purpose of enabling either of the Ministers, the Agency, or the NRBW, to determine whether or in what manner to exercise or perform any power or duty conferred or imposed on him or it by or under the water pollution provisions of this Act shall include power, in order to obtain the information on which that determination may be made—
to carry out experimental borings or other works on those premises; and
to install and keep monitoring and other apparatus there.
This section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Agency or the NRBW carries out functions.
The powers conferred by this section shall not have effect for the purposes of any of the Agency’s or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act.
In relation to the NRBW, the reference to functions in subsection (4) has effect as a reference to relevant transferred functions.
Schedule 20 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by the preceding provisions of this Chapter.
A person who, without having been designated or authorised for the purpose by the Agency or by the NRBW, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable—.
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist, or would not be exercisable, even if that person had been designated or authorised by the Agency or by the NRBW.
Subject to any provision to the contrary contained in an agreement between the appropriate agency and the person in whom an interest in the pipe is or is to be vested, every pipe which— shall vest in the appropriate agency.
is a relevant pipe for the purposes of section 159 or 160 above; and
has been laid, in exercise of any power conferred by Chapter I of this Part or otherwise, by the appropriate agency,
Subsection (1) above is without prejudice to the vesting of anything in the appropriate agency by virtue of the exercise by the appropriate agency of any power to acquire property by agreement or compulsorily.
Subject to subsection (2) below, if any person without the consent of the appropriate agency— that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
intentionally or recklessly interferes with any resource main or other pipe vested in the appropriate agency or with any structure, installation or apparatus belonging to the appropriate agency; or
by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,
A person shall not be guilty of an offence under subsection (1) above—
by reason of anything done in an emergency to prevent loss or damage to persons or property; or
by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker if—
he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and
in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.
Any person who without the consent of the appropriate agency— shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
attaches any pipe or apparatus to any resource main or other pipe vested in the appropriate agency; or
subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,
In proceedings against any person for an offence by virtue of paragraph (b) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.
An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the appropriate agency; and any such breach of duty which causes the appropriate agency to sustain loss or damage shall be actionable at the suit of the appropriate agency.
The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.
In this section “service pipe” and “stopcock” have the same meanings as in the Water Industry Act 1991, and “consumer” has the same meaning as in Part III of that Act.
Schedule 21 to this Act shall have effect for making provision for imposing obligations as to the payment of compensation in respect of the exercise of the powers conferred on the appropriate agency by sections 159 to 167 above and otherwise for minimising the damage caused by the exercise of those powers.
Schedule 22 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities by the appropriate agency.
Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—
with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or
with any such works used by any person for irrigating any land.
Where the appropriate agency proposes, otherwise than in exercise of any compulsory powers— the appropriate agency shall consult the internal drainage board for that district before doing so.
to construct or alter any such inland waters in any internal drainage district as do not form part of a main river; or
to construct or alter any works on or in any such inland waters,
A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.
Any dispute— shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above;
as to whether any consent for the purposes of this section is being unreasonably withheld; or
as to whether any condition subject to which any such consent has been given was reasonable,
The provisions of this section shall be without prejudice to the provisions of Schedule 22 to this Act.
Where any watercourses under the control of the appropriate agency pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses—
take up, divert or alter the level of those watercourses; and
do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section.
If any question arises under this section between the appropriate agency and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant authority for any existing watercourses are as effective as the existing watercourses, that question shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers on the application of either party.
In this section—
“relevant authority” means any navigation authority, harbour authority or conservancy authority; and
Nothing in any of the provisions of this Part relating to any relevant works power shall authorise the appropriate agency to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State.
An approval for the purposes of subsection (1) above shall be given to the appropriate agency by the service on the appropriate agency of a notice containing the approval.
Section 38 of the Salmon and Freshwater Fisheries Act 1975 (tidal lands etc.) shall apply to any proposed construction, alteration or extension under section 156 above as it applies to any proposed construction, alteration or extension under that Act.
Section 74 of the Land Drainage Act 1991 (application to Crown and tidal lands), so far as it relates to lands below the high-water mark of ordinary spring tides shall apply, as it applies in relation to that Act, to the flood defence provisions of this Act.
In subsection (1) above the reference to a relevant works power is a reference to a power conferred by any of sections 159, 160, 162(2) and (3) and 163 above.
Schedule 23 to this Act (which makes provision with respect to the acquisition of mineral rights by the appropriate agency and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).
Without prejudice to the operation of section 90 of the Town and Country Planning Act 1990 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act or the Water Act 1989 relates to the functions of the appropriate agency, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of that Act of 1990) without the grant of such planning permission as may be required by that Act of 1990.
Nothing in the flood defence provisions of this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the Ancient Monuments and Archaelogical Areas Act 1979.
Where the NRBW carries out any works for or in connection with the construction or operation of a reservoir in Wales which— it shall be the duty of the NRBW to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.
permanently affect one or more communities; and
are not primarily intended by the NRBW to benefit the inhabitants of that or those communities,
It shall be the duty of the NRBW, in performing its duty under subsection (1) above, to consult—
the community councils of the communities affected, in the case of communities having such councils; and
in any case, the council of any county or county borough in which any community affected is situated.
Nothing in the flood defence provisions of this Act shall operate to release any person from an obligation to which section 21 of the Land Drainage Act 1991 applies.
The functions of the appropriate agency as respects the doing of any work under the flood defence provisions of this Act are not to be treated as in any way limited by the fact that some other person is under an obligation, by reason of tenure, custom, prescription or otherwise, to do that work.
In this Part—
conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or
giving or taking a supply of water in bulk.
In subsection (1) above—
For the purposes of the definition of “relevant transferred functions”—
a function of the Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date, but
a function is only a relevant transferred function when the enactment conferring the Agency function transferred to or conferred on the NRBW has come into force.
The powers conferred by Chapter I of this Part shall be without prejudice to the powers conferred on the Agency or on the NRBW by any other enactment or by any agreement.
As soon as reasonably practicable after the end of each financial year the Authority shall prepare a report on its activities during that year and shall send a copy of that report to each of the Ministers.
Every such report shall set out any directions under section 5 above which have been given to the Authority during the year to which the report relates.
The Secretary of State shall lay a copy of every such report before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he considers appropriate.
The Authority’s annual report shall be in such form and contain such information as may be specified in any direction given to the Authority by the Ministers.
to collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England and Wales; and
The Agency must—
collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England; and
collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside England.
so far as it considers it appropriate to do so, to collaborate with others in collating and publishing any such information or any similar information in relation to places outside England and Wales.
The NRBW must—
collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in Wales; and
collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside Wales.
The appropriate agency shall keep, in such manner as may be prescribed, registers containing such information as may be prescribed with respect—
to applications made for the grant, revocation or variation of licences under Chapter II of Part II of this Act, including information as to the way in which such applications have been dealt with; and
to persons becoming the holders of such licences by virtue of section 59A, 59B or 59C above.
Every register kept by the appropriate agency under this section shall also contain such information as may be prescribed with respect—
to applications made in accordance with regulations under section 64 above; and
to licences granted or deemed to be granted, and licences revoked or varied, in accordance with regulations made under that section.
Subject to any regulations under this section, the information which the appropriate agency is required to keep in registers under this section shall continue to include the information which immediately before 1st September 1989 was contained in a register kept by a water authority under section 53 of the Water Resources Act 1963.
The contents of every register kept under this section shall be available, at such place as may be prescribed, for inspection by the public at all reasonable hours.
It shall be the duty of the appropriate agency to maintain, in accordance with regulations made by the Secretary of State, registers containing prescribed particulars of or relating to—
any notices of water quality objectives or other notices served under section 83 above;
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the following, that is to say— . . .
samples of water or effluent taken by the appropriate agency for the purposes of any of the water pollution provisions of this Act;
information produced by analyses of those samples;
such information with respect to samples of water or effluent taken by any other person, and the analyses of those samples, as is acquired by the appropriate agency from any person under arrangements made by the appropriate agency for the purposes of any of those provisions; and
the steps taken in consequence of any such information as is mentioned in any of sub-paragraphs (i) to (iii) above;
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directions given by the Secretary of State in relation to the appropriate agency's functions under the water pollution provisions of this Act;
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works notices under section 161A above;
appeals under section 161C above;
convictions for offences under section 161D above;
such other matters relating to the quality of water or the pollution of water as may be prescribed by the Secretary of State.
It shall be the duty of the appropriate agency—
to secure that the contents of registers maintained by the appropriate agency under this section are available, at all reasonable times, for inspection by the public free of charge; and
to afford members of the public reasonable facilities for obtaining from the appropriate agency, on payment of reasonable charges, copies of entries in any of the registers.
Section 101 above shall have effect in relation to any regulations under this section as it has effect in relation to any subordinate legislation under Part III of this Act.
The appropriate agency shall keep a register of persons and premises for the purposes of section 164 above.
The appropriate agency shall enter the name and address of a person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—
the owner or occupier of those premises; or
an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.
If the appropriate agency contravenes, without reasonable excuse, any of the requirements of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
The Secretary of State—
shall deposit maps with the appropriate agency showing what appear to him to be the fresh-water limits of every relevant river or watercourse; and
may from time to time, if he considers it appropriate to do so by reason of any change of what appears to him to be the fresh-water limit of any river or watercourse, deposit a map showing a revised limit for that river or watercourse.
It shall be the duty of the appropriate agency to keep any maps deposited with it under subsection (1) above available, at all reasonable times, for inspection by the public free of charge.
In this section “relevant river or watercourse” has the same meaning as in section 104 above.
No information shall be included in a register kept or maintained by the appropriate agency under any provision of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security.
The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the appropriate agency directions— and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.
specifying information, or descriptions of information, to be excluded from their registers; or
specifying descriptions of information to be referred to the Secretary of State for his determination;
The appropriate agency shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) above.
A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
he shall notify the appropriate agency that he has done so; and
no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.
The Agency must keep the main river map for England.
keep the main river map for the area of a regional flood defence committee at the principal office of the Authority for that area; and
provide reasonable facilities for inspecting that map and taking copies of and extracts from it;
For the purposes of this Act the main river map for England is a record of areas in England which—
shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and
indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137.
The map is conclusive as to the extent to which a watercourse in England is to be treated as a main river or as part of a main river for the purposes of this Act.
shall be conclusive evidence for all purposes as to what is a main river; and
shall be taken for the purposes of the Documentary Evidence Act 1868, as it applies to either of the Ministers, to be a document within the meaning of that Act and to have been issued by that Minister.
The map must specify the date on which it takes effect.
The Agency must keep the map in electronic form.
In this section and sections 193A to 193E “watercourse” has the same meaning as in Part 4 of this Act.
No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by the appropriate agency under any provision of this Act, if and so long as the information— but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the appropriate agency or, on appeal, by the Secretary of State.
is, in relation to him, commercially confidential; and
is not required to be included in the register in pursuance of directions under subsection (7) below;
Where information is furnished to the appropriate agency for the purpose of— then, if the person furnishing it applies to the appropriate agency to have the information excluded from any register kept or maintained by the appropriate agency under any provision of this Act, on the ground that it is commercially confidential (as regards himself or another person), the appropriate agency shall determine whether the information is or is not commercially confidential.
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complying with a notice under section 202 below,
A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the appropriate agency fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.
Where it appears to the appropriate agency that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the appropriate agency under or by virtue of any provision of any enactment might be commercially confidential, the appropriate agency shall— and, if any representations are made, the appropriate agency shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by the appropriate agency under any provision of this Act, unless excluded under this section; and
give him a reasonable opportunity—
of objecting to the inclusion of the information on the ground that it is commercially confidential; and
of making representations to the appropriate agency for the purpose of justifying any such objection;
Where, under subsection (2) or (4) above, the appropriate agency determines that information is not commercially confidential— and, where an appeal is brought in respect of any information, the information shall not be entered on the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.
the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and
that person may appeal to the Secretary of State against the decision;
Section 114 of the 1995 Act (delegation or reference to appeals etc) applies to any appeal brought under subsection (5).
If either party to the appeal so requests, or the Secretary of State or Welsh Ministers so decide, an appeal shall be or continue in the form of a hearing (which must be held in private).
The Secretary of State may by regulations make provision as to appeals under subsection (5) to the Secretary of State, and the Welsh Ministers may by regulations make provision as to appeals under that subsection to them; and the regulations may, in particular, may make provision as to—
the period within which and the manner in which appeals are to be brought; and
the manner in which appeals are to be considered.
The Secretary of State may give to the appropriate agency directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by the appropriate agency under any provision of this Act notwithstanding that the information may be commercially confidential.
Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the appropriate agency for the information to remain excluded from the register on the ground that it is still commercially confidential and the appropriate agency shall determine whether or not that is the case.
Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.
The Secretary of State may by regulations substitute (whether in all cases or in such classes or descriptions of case as may be specified in the regulations) for the period for the time being specified in subsection (3) above such other period as he considers appropriate.
Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.
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The NRBW must keep the main river map for Wales.
For the purposes of this Act the main river map for Wales is a record of areas in Wales which—
shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and
indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137.
The map is conclusive as to the extent to which a watercourse in Wales is to be treated as a main river or as part of a main river for the purposes of this Act.
the area of a regional flood defence committee is altered so as to affect any of the particulars shown on the main river map for that area; or
one of the Ministers confirms a scheme under section 137 above; or
the Authority applies to one of the Ministers for the variation of a main river map, so far as it shows the extent to which any watercourse is to be treated as a main river or part of a main river,
The map must specify the date on which it takes effect.
requiring the Authority to send him any part of the main river map in question, altering it and sending it back to the Authority; or
preparing a new main river map and sending it to the Authority; or
notifying the Authority that he does not intend to vary the main river map in question.
The NRBW must keep the map in electronic form.
give notice of his intention to do so in such manner as he thinks best adapted for informing persons affected; and
consider any objections made to him within the time and in the manner specified in that notice;
In this section and sections 194A to 194E “watercourse” has the same meaning as in Part 4 of this Act.
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Subject to subsections (4) and (5) below, it shall be the duty of the Authority to keep records of the location of—
every resource main or discharge pipe which is for the time being vested in the Authority; and
any other underground works which are for the time being vested in the Authority.
It shall be the duty of the Authority to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the Authority.
Any information which is required under this section to be made available by the Authority for inspection by the public shall be so made available in the form of a map.
For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.
Nothing in this section shall require the Authority, at any time before 1st September 1999, to keep records of— unless those particulars were shown on 31st August 1989 on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the Water Act 1945 (maps of underground works).
any pipe which was laid before 1st September 1989; or
any underground works which were completed before 1st September 1989,
The reference in subsection (5) above to section 12 of Schedule 3 to the Water Act 1945 shall have effect, without prejudice to section 20(2) of the Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.
In this section—
It shall be the duty of the Authority to furnish the Secretary of State or the Minister with all such information relating to— as he may reasonably require.
the Authority’s property;
the carrying out and proposed carrying out of its functions; and
its responsibilities generally,
Information required under this section shall be furnished in such form and manner, and be accompanied or supplemented by such explanations, as the Secretary of State or the Minister may reasonably require.
The information which the Authority may be required to furnish to either of the Ministers under this section shall include information which, although it is not in the possession of the Authority or would not otherwise come into the possession of the Authority, is information which it is reasonable to require the Authority to obtain.
A requirement for the purposes of this section shall be contained in a direction which—
may describe the information to be furnished in such manner as the Secretary of State or the Minister considers appropriate; and
may require the information to be furnished on a particular occasion, in particular circumstances or from time to time.
For the purposes of this section the Authority shall—
permit any person authorised by one of the Ministers for the purpose to inspect and make copies of the contents of any accounts or other records of the Authority; and
give such explanation of them as that person or the Secretary of State or the Minister may reasonably require.
It shall be the duty of the appropriate agency —
to provide a water undertaker with all such information to which this section applies as is in the possession of the appropriate agency and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions; and
to provide reasonable facilities to all persons—
for the inspection of the contents of any records kept by the appropriate agency and containing information to which this section applies; and
for the taking of copies of, or of extracts from, any such records.
It shall be the duty of every water undertaker to provide the appropriate agency with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the appropriate agency for purposes connected with the carrying out of any of its functions.
Where records of the flow, level or volume of any inland waters, other than discrete waters, are kept by a person other than a water undertaker, the appropriate agency shall have the right at all reasonable times— and any person who, without reasonable excuse, refuses or fails to permit the appropriate agency to exercise its right under this subsection shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
to inspect the contents of any of those records; and
to take copies of, or of extracts from, the contents of any of those records;
Information provided to a water undertaker or to the appropriate agency under subsection (1) or (2) above shall be provided in such form and in such manner and at such times as the undertaker or, as the case may be, the appropriate agency may reasonably require; and the duties of the appropriate agency under subsection (1) above shall extend to information provided to or obtained by the appropriate agency under subsection (2) or (3) above.
Information or facilities provided under subsection (1) or (2) above to the appropriate agency , to a water undertaker, to a local authority or joint planning board, or to an internal drainage board, shall be provided free of charge; and facilities provided under subsection (1) above to other persons may be provided on terms requiring the payment by persons making use of the facilities of such reasonable charges as the may determine.
The duties of a water undertaker under subsection (2) above shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.
This section applies to information about the flow, level or volume of any inland waters or any water contained in underground strata, about rainfall or any fall of snow, hail or sleet or about the evaporation of any water.
Any person who, for the purpose of searching for or abstracting water, proposes to sink a well or borehole intended to reach a depth of more than fifty feet below the surface shall, before he begins to do so, give notice to United Kingdom Research and Innovation (“UKRI”) of his intention to do so.
Any person sinking any such well or borehole as is mentioned in subsection (1) above shall-
keep a journal of the progress of the work and, on completion or abandonment of the work, send a complete copy of the journal to UKRI;
send to UKRI particulars of any test made before completion or abandonment of the work of the flow of water;
allow any person authorised by UKRI for the purpose, on production of some duly authenticated document showing his authority, at all reasonable times to exercise any of the rights specified in subsection (5) below.
The journal required to be kept under this section shall include measurements of—
the strata passed through; and
the levels at which water is struck and subsequently rests.
The particulars required to be sent to UKRI under subsection (2)(b) above shall specify—
the rate of flow throughout the test;
the duration of the test;
where practicable, the water levels during the test and afterwards until the water returns to its natural level; and
where the well or borehole is sunk in connection with an existing pumping station, the rate of pumping at the existing works during the test.
The rights mentioned in subsection (2)(c) above are the rights, subject to section 205 below—
to have free access to the well or borehole;
to inspect the well or borehole and the material extracted from it;
to take specimens of any such material and of water abstracted from the well or borehole; and
to inspect and take copies of or extracts from the journal required to be kept under this section.
Where the person sinking a well or borehole on any land is not the occupier of the land, the obligation imposed on that person by virtue of subsection (2)(c) above shall be the obligation of the occupier as well.
Where— the contractor and no other person shall be deemed for the purposes of this section to be the person sinking the well or borehole.
any person contracts to sink any well or borehole on land belonging to or occupied by another; and
the carrying out of the work is under the control of the contractor,
Any person who fails to comply with any obligation imposed on him by this section shall be guilty of an offence and liable, on summary conviction—
to a fine not exceeding level 3 on the standard scale; and
where the the offence continues after conviction, to a further fine of £20 for every day during which it so continues.
Where a person proposes to construct or extend a boring for the purpose of searching for or extracting minerals, he shall, before he begins to construct or extend the boring, give to the appropriate agency a notice of his intention in the prescribed form.
Where a notice under subsection (1) above is given to the appropriate agency by any person, the appropriate agency may (subject to section 199A below) by notice to that person require him, in connection with the construction, extension or use of the work to which that person’s notice relates, to take such reasonable measures for conserving water as are specified in the notice.
Section 70 above shall apply to the restrictions imposed by this section as it applies to the restrictions imposed by sections 24 and 25 above.
The measures that may be specified in a notice under subsection (2) above shall be measures which, in the opinion of the appropriate agency, will not interfere with the winning of minerals.
Any person who contravenes subsection (1) above or fails to comply with a notice under subsection (2) above shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
Subject to subsection (3) below, any person other than the appropriate agency, who proposes to install a gauge for measuring and recording the flow, level or volume of any inland waters other than discrete waters—
shall give notice to the appropriate agency of his proposal to install the gauge; and
shall not begin the work of installing it before the end of the period of three months beginning with the date of service of the notice or such shorter period as the appropriate agency may in any particular case allow.
Not more than one month after any such work as is mentioned in paragraph (b) of subsection (1) above is completed, the person required to give notice under that subsection shall give notice to the appropriate agency stating where the records obtained by means of the gauge are to be kept.
Subsections (1) and (2) above shall not apply—
to any gauge installed for the sole purpose of indicating the level of any inland waters for the benefit of persons who fish in them; or
to any gauge which is removed at or before the end of the period of twenty-eight days beginning with the date on which it is installed.
Any person who contravenes subsection (1) or (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
The person on whom a notice under section 199(2) above (“a conservation notice”) is served may, by notice to the Secretary of State, appeal to him against the conservation notice on either or both of the following grounds, that is to say—
that the measures required by the conservation notice are not reasonable;
that those measures would interfere with the winning of minerals.
Any notice of appeal against a conservation notice shall be served within such period (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed.
Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit— and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the appellant or the appropriate agency to be heard with respect to an appeal.
cause a local inquiry to be held; or
afford to the appellant and the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.
The decision of the Secretary of State on any appeal against a conservation notice shall be final.
The Secretary of State may by regulations make provision as to the manner in which appeals against conservation notices are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.
Section 69 above applies to a decision of the Secretary of State on any appeal to him under this section as it applies to a decision of his on an appeal to him under Chapter 2 of Part 2, taking the reference in subsection (2)(b) of that section to that Chapter as a reference to this section.
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
Subject to subsection (2) below, the Secretary of State or the appropriate agency may serve on any person a notice requiring that person to furnish him or, as the case may be, it, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by the Secretary of State or by the appropriate agency for the purpose of carrying out any of his or, as the case may be, its water resources functions.
The Secretary of State shall have power by regulations to make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.
directions are given to any person under this section; and
that person considers that they are unreasonable or unduly onerous,
A person who fails without reasonable excuse to comply with the requirements of a notice served on him under this section shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
References in this section to the water resources functions of the Secretary of State or of the appropriate agency are references to the functions of the Secretary of State or of the appropriate agency under Part 2 of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter 2 of that Part.
Any person who fails to comply with any directions given by the Authority under this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
It shall be the duty of the appropriate agency, if and so far as it is requested to do so by either of the Ministers, to give him all such advice and assistance as appears to it to be appropriate for facilitating the carrying out by him of his functions under the water pollution provisions of this Act.
Subject to subsection (3) below, either of the Ministers or the appropriate agency may serve on any person a notice requiring that person to furnish him or, as the case may be, it, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by the the Minister in question or by the appropriate agency for the purpose of carrying out any of his or, as the case may be, its functions under the water pollution provisions of this Act.
Each of the Ministers shall have power by regulations to make provision for restricting the information which may be required under subsection (2) above and for determining the form in which the information is to be so required.
A person who fails without reasonable excuse to comply with the requirements of a notice served on him under this section shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be the duty of the appropriate agency to provide a water undertaker with all such information to which this section applies as is in the possession of the appropriate agency and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions.
It shall be the duty of every water undertaker to provide the appropriate agency with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the appropriate agency for purposes connected with the carrying out of any of its functions.
Information provided to a water undertaker, to a water supply licensee or to the appropriate agency under subsection (1), (1A), (2) or (2A) above shall be provided in such form and in such manner and at such times as the undertaker, the licensee or the appropriate agency, as the case may be, may reasonably require.
Information provided under subsection (1), (1A), (2) or (2A) above to a water undertaker , to a water supply licensee or to the appropriate agency shall be provided free of charge.
The duties of
a water undertaker under subsection (2) above; or
a water supply licensee under subsection (2A) above,
This section applies to information—
about the quality of any controlled waters or of any other waters; or
about any incident in which any poisonous, noxious or polluting matter or any ... waste matter has entered any controlled waters or other waters.
In this section “controlled waters” has the same meaning as in Part III of this Act.
The Agency must provide reasonable facilities for inspecting the main river map for England in electronic form.
The Agency must on request provide any person with—
a hard copy of all or part of the map, or
data comprising all or part of the map in electronic form.
The Agency may charge a fee for providing a copy or data under subsection (2), but the fee—
must, in the case of a person appearing to the Agency to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and
in any other case, may not exceed the reasonable costs of providing the copy or data.
The Agency must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for England as is described in the second column of the entry for that body. A local authority in England The part that relates to the local authority's area An internal drainage board for an internal drainage district that is wholly or partly in England The part that relates to its district, so far as that district is in England A water company that exercises functions in relation to an area in England The part that relates to that area A highway authority that exercises functions in relation to highways in England The part that relates to the area in England in relation to which it exercises functions A navigation authority that exercises functions in relation to an area in England The part that relates to that area
The Documentary Evidence Act 1868 has effect as if—
the Agency were mentioned in the first column of the Schedule to that Act;
any member of the staff of the Agency authorised to act on behalf of the Agency were specified in the second column of the Schedule to that Act in connection with the Agency;
the regulation referred to in that Act included the main river map for England kept by the Agency;
references to a copy included references to a print-out of information kept in electronic form.
The Agency may at any time replace the existing main river map for England for the purpose of including—
a change which, pursuant to section 193(2)(b), is required by the making, amendment or revocation of a scheme under section 137,
a change to give effect to a determination under section 193C, or
a change directed by the Secretary of State under section 193D(5) (following an appeal against a determination).
A replacement map may not include other changes.
A replacement map must specify the date on which it takes effect.
Subject to the following provisions of this section, the Agency may determine that—
such watercourse or part of a watercourse in England as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river;
such watercourse or part of a watercourse in England as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river.
Before making a determination under subsection (1) as regards a watercourse, the Agency must—
publish (in such manner as it considers appropriate) the determination it proposes to make, and
consider representations made within the time and in the manner specified by the Agency when publishing the determination.
The Agency must consult the NRBW before making a determination under subsection (1)—
which affects a watercourse part of which is in England and part of which is in Wales, and
in which it seems to the Agency that the NRBW has an interest.
Having taken such steps as are required by subsections (2) and (3), the Agency may—
decide not to make a determination, or
decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise.
The Agency must publish (in such manner as it considers appropriate)—
that decision;
the terms of any determination made;
if a determination is made, the date on which a replacement map will give effect to the determination.
The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published.
The Agency must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5).
A person aggrieved by a determination under section 193C may appeal to the Secretary of State.
An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 193C(5) are published.
Where an appeal is made against a determination, a replacement map under section 193B may not include a change to give effect to the determination except as specified in this section.
The Secretary of State may appoint a person to make a report to assist the Secretary of State in determining the appeal.
If the Secretary of State allows the appeal in whole or in part, the Secretary of State may by direction to the Agency—
specify a change to be included in a replacement map under section 193B, and
specify the date on which that change is to take effect.
If the Secretary of State dismisses the appeal, the Agency may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Secretary of State may direct.
The Secretary of State may direct the Agency to publish the Secretary of State's decision in such manner as the direction may specify.
The Secretary of State may from time to time issue guidance to the Agency about the exercise of its functions under sections 193 to 193D.
The guidance may in particular include guidance as to—
determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river;
what kind of publication is appropriate under section 193C(2) and (5).
The Agency must have regard to the guidance in carrying out its functions under sections 193 to 193D.
Subject to the following provisions of this section, no information with respect to any particular business which— shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
has been obtained by virtue of any of the provisions of this Act; and
relates to the affairs of any individual or to any particular business,
Subsection (1) above does not apply to any disclosure of information which is made—
for the purpose of facilitating the carrying out by either of the Ministers, the Agency, the NRBW, the Scottish Environmental Protection Agency, the the Water Services Regulation Authority, the Consumer Council for Water, the Competition and Markets Authority or a local authority of any of his, its or, as the case may be, their functions by virtue of this Act, any of the other consolidation Acts , the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990, the 1995 Act, regulations under section 2 of the Pollution Prevention and Control Act 1999, the Water Act 2003, the Water Act 2014 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903);
for the purpose of facilitating the performance by a water undertaker , sewerage undertaker or person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of any of the duties imposed on the undertaker or, as the case may be, the person by or under this Act, any of the other consolidation Acts , the Water Act 1989 , the Water Act 2003 or the Water Act 2014;
in pursuance of any duty imposed by section 197(1)(a) or (2) or 203(1), (1A), (2) or (2A) above or of any duty imposed by section 27H of the Water Industry Act 1991;
for the purpose of facilitating the carrying out by any person mentioned in Part I of Schedule 24 to this Act of any of his functions under any of the enactments or instruments specified in Part II of that Schedule;
for the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;
for the purpose of enabling or assisting the Secretary of State, the Treasury , the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England to exercise any powers conferred by or under the Financial Services and Markets Act 2000 or by the enactments relating to companies or insolvency;
for the purpose of enabling an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;
for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;
for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
for the purposes of any civil proceedings brought under or by virtue of this Act, any of the other consolidation Acts, the Water Act 1989 , the Water Act 2003 , the Water Act 2014 or any of the enactments or instruments specified in Part II of Schedule 24 to this Act, or of any arbitration under this Act, any of the other consolidation Acts , the Water Act 1989 , the Water Act 2003 or the Water Act 2014; or
for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;
in pursuance of an assimilated obligation.
Nothing in subsection (1) above shall be construed—
as limiting the matters which may be included in, or made public as part of, a report of— under any provision of this Act , Part I or IIA of the Environmental Protection Act 1990, that Act of 1991 , the 1995 Act , regulations under section 2 of the Pollution Prevention and Control Act 1999, or the Water Act 2003;
the Agency;
the Water Services Regulation Authority;
the Scottish Environment Protection Agency;
the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991); or
the NRBW;
the Competition and Markets Authority,
as limiting the matters which may be published under section 201 of that Act of 1991; or
as applying to any information which has been made public as part of such a report or has been so published or to any information exclusively of a statistical nature.
Subject to subsection (5) below, nothing in subsection (1) above shall preclude the disclosure of information—
if the disclosure is of information relating to a matter connected with the carrying out of the functions of a water undertaker or sewerage undertaker , or with the carrying on by a person holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under the person's licence, and is made by one Minister of the Crown or government department to another; or
if the disclosure is for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Secretary of State to discharge any functions which are specified in the order.
The power to make an order under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and where such an order designates an authority for the purposes of paragraph (b) of that subsection, the order may—
impose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; and
otherwise restrict the circumstances in which disclosure is so permitted.
Any person who discloses any information in contravention of the preceding provisions of this section shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
In this section “the other consolidation Acts” means the Water Industry Act 1991, ... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.
In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.
The person sinking any such well or borehole as is mentioned in section 198 above or, if it is a different person, the owner or occupier of the land on which any such well or borehole is sunk may by notice to United Kingdom Research and Innovation (“UKRI”) require UKRI to treat as confidential—
any copy of or extract from the journal required to be kept under that section; or
any specimen taken in exercise of the rights specified in subsection (5) of that section.
Subject to subsections (3) and (4) below, UKRI shall not, without the consent of the person giving the notice, allow any matter to which any notice under subsection (1) above relates to be published or shown to any person who is not an officer of UKRI or of a department of the Secretary of State.
Subsection (2) above shall not prohibit any matter from being published or shown to any person in so far as it contains or affords information as to water resources and supplies.
If at any time UKRI give notice to any person that in their opinion his consent for the purposes of subsection (2) above is being unreasonably withheld—
that person may, within three months after the giving of the notice, appeal to the High Court for an order restraining UKRI from acting as if consent had been given; and
UKRI may proceed as if consent had been given if either no such appeal is brought within that period or the High Court, after hearing the appeal, do not make such an order.
Any person who fails to comply with any obligation imposed on him by the preceding provisions of this section shall be guilty of an offence and liable, on summary conviction—
to a fine not exceeding level 3 on the standard scale; and
where the offence continues after conviction, to a further fine of £20 for every day during which it so continues.
If any person who is admitted to any premises in compliance with section 198(2)(c) above discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless the disclosure is in performance of his duty, be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.
The NRBW must provide reasonable facilities for inspecting the main river map for Wales in electronic form.
The NRBW must on request provide any person with—
a hard copy of all or part of the map, or
data comprising all or part of the map in electronic form.
The NRBW may charge a fee for providing a copy or data under subsection (2), but the fee—
must, in the case of a person appearing to the NRBW to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and
in any other case, may not exceed the reasonable costs of providing the copy or data.
The NRBW must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for Wales as is described in the second column of the entry for that body. A local authority in Wales The part that relates to the local authority's area An internal drainage board for an internal drainage district that is wholly or partly in Wales The part that relates to its district, so far as that district is in Wales A water company that exercises functions in relation to an area in Wales The part that relates to that area A highway authority that exercises functions in relation to highways in Wales The part that relates to the area in Wales in relation to which it exercises functions A navigation authority that exercises functions in relation to an area in Wales The part that relates to that area
The Documentary Evidence Act 1868 has effect as if—
the NRBW were mentioned in the first column of the Schedule to that Act;
any member of the staff of the NRBW authorised to act on behalf of the NRBW were specified in the second column of the Schedule to that Act in connection with the NRBW;
the regulation referred to in that Act included the main river map for Wales kept by the NRBW;
references to a copy included references to a print-out of information kept in electronic form.
The NRBW may at any time replace the existing main river map for Wales for the purpose of including—
a change which, pursuant to section 194(2)(b), is required by the making, amendment or revocation of a scheme under section 137,
a change to give effect to a determination under section 194C, or
a change directed by the Welsh Ministers under section 194D(5) (following an appeal against a determination).
A replacement map may not include other changes.
A replacement map must specify the date on which it takes effect.
Subject to the following provisions of this section, the NRBW may determine that—
such watercourse or part of a watercourse in Wales as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river;
such watercourse or part of a watercourse in Wales as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river.
Before making a determination under subsection (1) as regards a watercourse, the NRBW must—
publish (in such manner as it considers appropriate) the determination it proposes to make, and
consider representations made within the time and in the manner specified by the NRBW when publishing the determination.
The NRBW must consult the Agency before making a determination under subsection (1)—
which affects a watercourse part of which is in Wales and part of which is in England, and
in which it seems to the NRBW that the Agency has an interest.
Having taken such steps as are required by subsections (2) and (3), the NRBW may—
decide not to make a determination, or
decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise.
The NRBW must publish (in such manner as it considers appropriate)—
that decision;
the terms of any determination made;
if a determination is made, the date on which a replacement map will give effect to the determination.
The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published.
The NRBW must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5).
A person aggrieved by a determination under section 194C may appeal to the Welsh Ministers.
An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 194C(5) are published.
Where an appeal is made against a determination, a replacement map under section 194B may not include a change to give effect to the determination except as specified in this section.
The Welsh Ministers may appoint a person to make a report to assist them in determining the appeal.
If the Welsh Ministers allow the appeal in whole or in part, they may by direction to the NRBW—
specify a change to be included in a replacement map under section 194B, and
specify the date on which that change is to take effect.
If the Welsh Ministers dismiss the appeal, the NRBW may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Welsh Ministers may direct.
The Welsh Ministers may direct the NRBW to publish their decision in such manner as the direction may specify.
The Welsh Ministers may from time to time issue guidance to the NRBW about the exercise of its functions under sections 194 to 194D.
The guidance may in particular include guidance as to—
determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river;
what kind of publication is appropriate under section 194C(2) and (5).
The NRBW must have regard to the guidance in carrying out its functions under sections 194 to 194D.
If, in furnishing any information or making any application under or for the purposes of any provision of this Act or of section 3, 4 or 10 of the Water Act 2003 , any person makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, he shall be guilty of an offence under this section.
Part I, other than Schedule 2;
sections 19 and 20 and Chapter III of Part II;
Part III;
Part VI, other than sections 133 to 143 and 147 to 149;
Part VII, other than sections 155, 156, 158, 165 to 167 and the other provisions of that Part so far as they relate to those sections;
this Part, other than sections 189, 193, 194, 198 to 201 and 205; and
Part IX, except so far as it relates to a provision of this Act in relation to which this subsection does not apply,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in giving any information which he is required to give under Chapter II of Part II of this Act or any of the related water resources provisions or under Schedule 2 to this Act, any person knowingly or recklessly makes a statement which is false in a material particular; or
for the purpose of obtaining a licence under that Chapter, any person knowingly makes a statement which is false in a material particular,
Where— any person who wilfully alters or interferes with that device so as to prevent it from measuring correctly shall be guilty of an offence under this section.
the provisions contained in a licence under Chapter II of Part II of this Act in pursuance of paragraph (b) of subsection (2) of section 46 above, or of that paragraph as modified by subsection (6) of that section, require the use of a meter, gauge or other device; and
such a device is used for the purposes of those provisions,
If, in keeping any record or journal or in furnishing any information which he is required to keep or furnish under section 198 or 205 above, any person knowingly or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under this section.
If a person intentionally makes a false entry in any record required to be kept by virtue of a licence under Chapter II of Part II of this Act, or a consent under Chapter II of Part III of this Act, he shall be guilty of an offence under this section.
A person who is guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
A person who is guilty of an offence under this section by virtue of subsection (2) or (3) above shall be liable—
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
A person who is guilty of an offence under this section by virtue of subsection (4) above shall be liable—
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.
The Secretary of State may, after consultation with the appropriate agency, give to the appropriate agency such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or for the purpose of mitigating the effects of any civil emergency which may occur.
If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with the appropriate agency, give to the appropriate agency a direction requiring it to do, or not to do, a particular thing specified in the direction.
The duty of the appropriate agency to comply with a direction under this section is a duty which has effect notwithstanding any other duty imposed on it (whether or not by or under this Act).
The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.
A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security.
Any person who discloses any matter in contravention of subsection (5) above shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Any reference in this section to a civil emergency is a reference to any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely, in relation to any area— as seriously and adversely to affect all the inhabitants of that area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.
so to disrupt water supplies or sewerage services; or
to involve such destruction of or damage to life or property in that area,
In this section “sewerage services” has the same meaning as in the Water Industry Act 1991.
Where an escape of water, however caused, from a pipe vested in the Agency or the NRBW causes loss or damage, the Agency or, as the case may be, the NRBW, shall be liable, except as otherwise provided in this section, for the loss or damage.
The Agency or the NRBW shall not incur any liability under subsection (1) above if the escape was due wholly to the fault of the person who sustained the loss or damage or of any servant, agent or contractor of his.
The Agency or the NRBW shall not incur any liability under subsection (1) above in respect of any loss or damage for which the Agency or the NRBW would not be liable apart from that subsection and which is sustained—
by any water undertaker or sewerage undertaker or by any statutory undertakers, within the meaning of section 336(1) of the Town and Country Planning Act 1990;
by any public gas supplier within the meaning of Part I of the Gas Act 1986 or the holder of a licence under section 6(1) of the Electricity Act 1989;
by any highway authority; or
by any person on whom a right to compensation is conferred by section 82 of the New Roads and Street Works Act 1991.
The Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 shall apply in relation to any loss or damage for which the Agency or the NRBW is liable under this section, but which is not due to the Agency’s or the NRBW's fault, as if it were due to its fault.
Nothing in subsection (1) above affects any entitlement which the Agency or the NRBW may have to recover contribution under the Civil Liability (Contribution) Act 1978; and for the purposes of that Act, any loss for which the Agency or the NRBW is liable under that subsection shall be treated as if it were damage.
Where the Agency or the NRBW is liable under any enactment or agreement passed or made before 1st April 1982 to make any payment in respect of any loss or damage the Agency or the NRBW shall not incur liability under subsection (1) above in respect of the same loss or damage.
In this section “fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.
Until the coming into force of section 82 of the New Roads and Street Works Act 1991, subsection (3) above shall have effect as if for paragraph (d) there were substituted the following paragraphs—;but nothing in this section shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing section 82 of that Act into force on different days for different purposes (including the purposes of this section).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on taking the sample notified the occupier of the land or the owner or master of the vessel of his intention to have it analysed;
there and then divided the sample into three parts and caused each part to be placed in a container which was sealed and marked; and
delivered one part to the occupier of the land or the owner or master of the vessel and retained one part, apart from the one he submitted to be analysed, for future comparison.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where, in accordance with the provisions contained in a licence in pursuance of paragraph (b) of subsection (2) of section 46 above, or in pursuance of that paragraph as read with subsection (6) of that section, it has been determined what quantity of water is to be taken— that determination shall, for the purposes of any proceedings under Chapter II of Part II of this Act or any of the related water resources provisions, be conclusive evidence of the matters to which it relates.
to have been abstracted during any period from a source of supply by the holder of the licence; or
to have been so abstracted at a particular point or by particular means, or for use for particular purposes,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 25 to this Act shall have effect for conferring powers on the appropriate agency to make byelaws for purposes connected with the carrying out of its functions.
Schedule 26 to this Act shall have effect in relation to byelaws made by the appropriate agency, whether by virtue of subsection (1) above or by virtue of any other enactment.
Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.
If any person contravenes any byelaws made by virtue of paragraph 1 of Schedule 25 to this Act, he shall be guilty of an offence and liable, on summary conviction—
to a fine not exceeding level 1 on the standard scale; and
if the contravention is continued after conviction, to a fine not exceeding £5 for each day on which it is so continued.
Byelaws made by virtue of paragraph 2 or 3 of that Schedule may contain provision providing for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws.
A person who contravenes any byelaws made by virtue of paragraph 4 or 6 of that Schedule shall be guilty of an offence and liable, on summary conviction,
in the case of byelaws made by virtue of paragraph 4, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws;
in the case of byelaws made by virtue of paragraph 6, to a fine.
If any person acts in contravention of any byelaw made by virtue of paragraph 5 of that Schedule he shall be guilty of an offence and liable, on summary conviction—
to a fine not exceeding level 5 on the standard scale; and
if the contravention is continued after conviction, to a further fine not exceeding £40 for each day on which it is so continued.
Without prejudice to any proceedings by virtue of subsection (1) or (4) above, the appropriate agency may—
take such action as it considers necessary to remedy the effect of any contravention of byelaws made by virtue of paragraph 1 of Schedule 25 to this Act;
take such action as may be necessary to remedy the effect of any person’s contravention of byelaws made by virtue of paragraph 5 of that Schedule; and
recover the expenses reasonably incurred by the appropriate agency in taking any action under paragraph (a) or (b) above from the person in default.
So much of the Salmon and Freshwater Fisheries Act 1975 as makes provision with respect to or by reference to offences under that Act shall have effect as if an offence consisting in a contravention of byelaws made by virtue of paragraph 6 of Schedule 25 to this Act were an offence under that Act.
Section 70 above shall apply in relation to any restrictions imposed by byelaws made by virtue of paragraph 1 of Schedule 25 to this Act as it applies in relation to restrictions imposed by the provisions of Chapter II of Part II of this Act which are mentioned in that section; and sections 100 and 101 above shall have effect in relation to contraventions of byelaws made by virtue of paragraph 4 of that Schedule as they have effect in relation to contraventions of provisions of Part III of this Act.
Where— the appropriate agency may pay that person such amount by way of compensation as it considers appropriate.
the owner or occupier of any fishery by notice to the appropriate agency claims that the fishery is injuriously affected by a byelaw made for any of the purposes specified in subsection (2) below; and
that claim is made at any time before the end of twelve months after the confirmation of the byelaw,
The purposes mentioned in subsection (1)(a) above are the following purposes specified in paragraph 6(2) of Schedule 25 to this Act, that is to say—
prohibiting the use for taking any fish to which paragraph 6 of that Schedule applies of any instrument ... in such waters and at such times as are prescribed by the byelaw;
specifying the nets and other instruments ... which may be used for taking any such fish and imposing requirements as to the use of such nets and other instruments;
imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Authority or the person entitled to the annual payment may at any time after the end of five years from the date of the award require it to be reviewed by a single arbitrator appointed by one of the Ministers; and
the compensation to be paid after the review shall be such, if any, as may be determined by that arbitrator.
Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.
Without prejudice to any other provision of this Act by virtue of which a local inquiry is authorised or required to be held, each of the Ministers shall have power to cause a local inquiry to be held in any case where it appears to him expedient to do so—
in connection with any matter arising under Chapter II of Part II of this Act or the related water resources provisions; or
otherwise in connection with any of the Authority’s functions.
Without prejudice as aforesaid, the Secretary of State may cause a local inquiry to be held in any case in which he considers it appropriate for such an inquiry to be held—
for the purposes of the establishment or review under section 83 above of any water quality objectives or otherwise in connection with any of the water pollution provisions of this Act;
with a view to preventing or dealing with pollution of any controlled waters; or
in relation to any other matter relevant to the quality of any such waters.
In this section “controlled waters” has the same meaning as in Part III of this Act.
Each of the Ministers shall have power to cause such inquiries to be held as he considers necessary or desirable for the purposes of the flood defence provisions of this Act.
Subject to subsection (3) below, the person appointed to hold any inquiry under subsection (1) above or otherwise under the flood defence provisions of this Act may for the purposes of the inquiry—
by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control relating to any matter in question at the inquiry; and
take evidence on oath and for that purpose administer oaths.
No person shall be required, in obedience to a summons under this section, to attend to give evidence or to produce any documents, unless the necessary expenses of his attendance are paid or tendered to him; and nothing in this section shall empower a person holding an inquiry to require the production of the title, or of any instrument relating to the title, of any land which is not the property of a local authority.
Any person who— shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.
refuses or deliberately fails to attend in obedience to a summons under this section, or to give evidence; or
deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section,
Where either of the Ministers causes an inquiry to be held under this section— and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by that Minister summarily as a civil debt.
the costs incurred by him in relation to the inquiry shall be paid by such authority or party to the inquiry as he may direct; and
the Minister in question may cause the amount of the costs so incurred to be certified;
Where either of the Ministers causes an inquiry to be held under this section—
he may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid; and
every such order may be made a rule of the High Court on the application of any party named in the order.
Section 42 of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) shall apply where either of the Ministers is authorised by virtue of subsection (5) above to recover costs incurred by him in relation to an inquiry as it applies where a Minister is so authorised by virtue of an enactment specified in subsection (1) of that section.
Subject to subsection (2) below, subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply to local inquiries under any provision of this Act, other than a provision in relation to which section 214 above has effect, as they apply to inquiries under that section of that Act of 1972.
Subsection (4) of section 250 of that Act of 1972 shall apply in accordance with subsection (1) above in relation to such local inquiries under this Act as are held with respect to any matter affecting the carrying out of any function of the Authority as if the reference to a local authority in that subsection included a reference to the Authority.
Without prejudice to its powers of enforcement in relation to the other provisions of this Act, it shall be the duty of the appropriate agency to enforce the provisions to which this section applies.
No proceedings for any offence under any provision to which this section applies shall be instituted except—
by the appropriate agency; or
by, or with the consent of, the Director of Public Prosecutions.
This section applies to Chapter II of Part II of this Act and the related water resources provisions.
Where a body corporate is guilty of an offence under this Act or under section 4 of the Water Act 2003 and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Without prejudice to subsections (1) and (2) above, where the commission by any person of an offence under the water pollution provisions of this Act is due to the act or default of some other person, that other person may be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.
Any power of one or both of the Ministers to make regulations under any provision of this Act shall be exercisable by statutory instrument subject (except in the case of regulations made by virtue of paragraph 1(3) of Schedule 15 to this Act) to annulment in pursuance of a resolution of either House of Parliament.
. . . The provisions of any regulations made by one or both the Ministers under this Act may include-
provision for any duty or other requirement imposed by the regulations on a water undertaker or sewerage undertaker to be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State, by the Water Services Regulation Authority or by either of them;
provision, where such a duty or requirement is so enforceable by either of them, for enforcement by the Water Services Regulation Authority to be subject to such consent or authorisation as may be prescribed;
provision which, in relation to the furnishing of any information or the making of any application under the regulations, makes provision corresponding to section 206(1) and (5) above;
provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;
different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
such supplemental, consequential and transitional provision as the Minister or Ministers exercising the power considers or consider appropriate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall not, except to the extent that they would do so apart from this section, include any of the powers conferred by subsection (2) above; but
in the case of the powers conferred by section 108(7) above and paragraph 10 of Schedule 2 to this Act, shall include power to make different provision in relation to different classes of person.
Any document required or authorised by virtue of this Act to be served on any person may be served—
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or
if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.
For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that— and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.
Where under any provision of this Act any document is required to be served on the owner, on a lessee or on the occupier of any premises then— that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
if the name or address of the owner, of the lessee or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; or
in the case of service on the occupier, if the premises appear to be or are unoccupied,
This section shall not apply to any document in relation to the service of which provision is made by rules of court.
In this Act, except in so far as the context otherwise requires—
References in this Act to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.
For the purposes of the definition of “the appropriate agency” in subsection (1), “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.
Any reference in this Act to water contained in underground strata is a reference to water so contained otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata; but for the purposes of this Act water for the time being contained in— shall be treated as water contained in the underground strata into which the well, borehole or work was sunk or, as the case may be, the excavation was made.
a well, borehole or similar work, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or
any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata,
Until the coming into force of Part III of the New Roads and Street Works Act 1991, the definition of “street” in subsection (1) above shall have effect as if the reference to that Part were a reference to the Public Utilities Street Works Act 1950; but nothing in this section shall be taken—
to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this section); or
in the period before the coming into force of that Part, to prevent references in this Act to a street, where the street is a highway which passes over a bridge or through a tunnel, from including that bridge or tunnel.
For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.
References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.
For the purposes of this Act—
references in this Act to more than one Minister of the Crown, in relation to anything falling to be done by those Ministers, are references to those Ministers acting jointly; and
any provision of this Act by virtue of which any function of a Minister of the Crown is exercisable concurrently by different Ministers, shall have effect as providing for that function also to be exercisable jointly by any two or more of those Ministers.
Sub-paragraph (1) of paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act, the Water Industry Act 1991 or the Land Drainage Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.
Subject to any provision to the contrary which is contained in Schedule 26 to the Water Act 1989 or in the Water Consolidation (Consequential Provisions) Act 1991, nothing in any local statutory provision passed or made before 1st September 1989 shall be construed as relieving any water undertaker or sewerage undertaker from any liability arising by virtue of this Act in respect of any act or omission occurring on or after that date.
Subject to the provisions of this section, this Act binds the Crown.
No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the appropriate body, declare unlawful any act or omission of the Crown which constitutes such a contravention.
to anything done by or on behalf of the Crown; or
to any land which is in the occupation of a government department or any other land in which there is a Crown or Duchy interest and which is occupied in right of that interest.
Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.
as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides; or
as authorising the Authority to require the Crown to make any payment to the Authority in respect of any premises.
If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
that power shall be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority; and
a consent for the purposes of this subsection may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.
Subject to subsection (4) above, the powers conferred by sections 154, 156, 160, 162(3) and 168 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.
for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from subsection (1) above; or
for the purposes of any provision having effect by virtue of so much of section 168 above and Schedule 19 to this Act as relates to the granting of authority for discharges of water.
Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act.
Nothing in this Act, as read with the other provisions of this section, shall be construed as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides.
Section 74 of the Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Agency’s or the NRBW's functions under those provisions and of other functions of the Agency or the NRBW.
In this section—
The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.
This section shall apply in relation to sections 3, 4 and 10 of the Water Act 2003 as it applies in relation to the provisions of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter II of Part II of this Act and the related water resources provisions shall not apply—
to anything done by a member of a visiting force in his capacity as a member of that force; or
to any land occupied by or for the purposes of a visiting force.
In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.
Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
This Act may be cited as the Water Resources Act 1991.
This Act shall come into force on 1st December 1991.
Subject to subsections (4) to (6) of section 2 and to section 224 above, to the extension of section 166(3) above to Scotland and to the extension, by virtue of any other enactment, of any provision of this Act to the territorial sea, this Act extends to England and Wales only.
Nothing in this Act, so far as it extends to Scotland, shall authorise the Agency to acquire any land in Scotland compulsorily.
Section 210(3)
In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below. The circumstances are that— Schedule 26 to this Act (procedure relating to byelaws made by the appropriate agency) does not apply in relation to an emergency fisheries byelaw. In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to—
An emergency fisheries byelaw comes into force—
on the date specified in the byelaw, or
if no date is so specified, on the day after that on which it is made.
The appropriate agency must, within 24 hours of making an emergency fisheries byelaw—
send a copy of the byelaw to the appropriate national authority, and
explain to the appropriate national authority why the byelaw is being made as an emergency fisheries byelaw.
The appropriate agency must publish notice of the making of an emergency fisheries byelaw (including a copy of the byelaw)—
in the London Gazette;
where the byelaw has effect in Wales, in the Welsh language in such manner as the appropriate agency thinks appropriate;
in such other manner as it thinks appropriate for the purpose of bringing the byelaw to the attention of persons likely to be affected by it.
If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw would better serve to prevent or limit the harm referred to in paragraph 1(2)(a) above if it were amended, the authority must amend it accordingly. If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw is no longer needed in order to prevent or limit the harm referred to in paragraph 1(2)(a) above, the authority must revoke it. The appropriate agency must publish notice of an amendment or revocation under this paragraph as specified in paragraph 4(a) to (c) above.
Subject to paragraph 7 below, an emergency fisheries byelaw expires (unless earlier revoked)— A byelaw may not under sub-paragraph (1)(a) above remain in force for longer than the period of twelve months beginning with the day on which it comes into force.
The appropriate agency may, at any time before an emergency fisheries byelaw expires, apply to the appropriate national authority for it to be extended. On such an application, the appropriate national authority may extend the byelaw at any time before its expiry, provided the authority is satisfied that— A byelaw may be extended under sub-paragraph (2) above for such period not exceeding six months as the appropriate national authority may specify. A byelaw may not be extended under sub-paragraph (2) above on more than one occasion.
Every emergency fisheries byelaw shall be printed and deposited at one or more of the offices of the appropriate agency, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge. Every person shall be entitled, on application to the appropriate agency and on payment of such reasonable sum as the appropriate agency may determine, to be furnished with a copy of any emergency fisheries byelaw so deposited by the appropriate agency.
The production of a printed copy of an emergency fisheries byelaw purporting to be made by the appropriate agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating— shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
that the byelaw was made by the appropriate agency, and
that the copy is a true copy of the byelaw,
In this Schedule “appropriate national authority” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.
Note: The following abbreviations are used in this Table:— 1945 = The Water Act 1945 (c. 42) 1963 = The Water Resources Act 1963 (c. 38) 1965 = The Science and Technology Act 1965 (c. 4) 1973 = The Water Act 1973 (c. 37) 1975 = The Salmon and Freshwater Fisheries Act 1975 (c. 51) 1976 = The Land Drainage Act 1976 (c. 70) 1977 = The Criminal Law Act 1977 (c. 45) 1980(LG) = The Local Government, Planning and Land Act 1980 (c. 65) 1981 = The Water Act 1981 (c. 12) 1982(CJA) = The Criminal Justice Act 1982 (c. 43) 1983 = The Water Act 1983 (c. 23) 1984 = The Telecommunications Act 1984 (c. 12) 1985(LG) = The Local Government Act 1985 (c. 51) 1986(GA) = The Gas Act 1986 (c. 44) 1989 = The Water Act 1989 (c. 15) 1989(EA) = The Electricity Act 1989 (c. 29) 1990 = The Environmental Protection Act 1990 (c. 43) 1991(NR) = The New Roads and Street Works Act 1991 (c. 22) R: (followed by a number) = The recommendation so numbered as set out in the Appendix to the Report of the Law Commission (Cm. 1483).
Transfer of functions orders (“TFOs"), where applicable in relation to a provision re-enacted in the Bill, are specified at the appropriate place in column 2 of the Table.
General provisions contained in section 32 of the Magistrates’ Courts Act 1980 (c. 43) and section 46 of the Criminal Justice Act 1982 (c. 48) provide, respectively, for the maximum fine on summary conviction of an either way offence to be the statutory maximum and for a reference to the amount of the maximum fine to which a person is liable in respect of a summary offence to become a reference to a level on the standard scale. Where the effect of one of these enactments is consolidated it is not referred to separately in column 2 of this Table. Provision of Act Derivation 1 1989 s. 1. 2 1963 s. 126(3) & (4); 1989 s. 1(1), 8(4) & (5), 136(7) & (8), 141(4) & (7), 142(1) & 143(1), 189(1) (definition of “function") & Sch 13 paras 23(3) & 27. 3 1989 s. 188. 4 1989 s. 144 & 145(1)(a) & (b), (2) & (3). 5 1989 s. 146; Sch 12 paras 4(7) & 6(4). 6 1989 s. 3. 7 1989 s. 2. 8 1989 s. 141(1)(b) & (c), (2) & (3). 9 1989 ss. 136(6) & (7) & 137(1)–(2). 10 1989 s. 137(3), (7), (10) & (11) & 138(1) & (8). 11 1989 ss. 137(11) & 138(2)–(7) & (9). 12 1976 s. 4; 1989 s. 139(1) and Sch 15 paras 1 & 2. TFO: SI 1978/272 Sch 3, para 7(2); R: 6. 13 1976 s. 5(1)–(6) & (8); 1985(LG) Sch 7 para 2 & SI 1986/208 Sch 1 Pt II para 2; 1989 Sch 15 paras 1 & 3. 14 1976 s. 5(7); 1989 ss. 137(8) & 139(3) & Sch 15 para 1. 15 1989 s. 7(6) & (7). 16 1989 ss. 8(1)–(3), (5)–(7) & 152(8). 17 1989 s. 9; 1990 Sch 9 para 17(2). 18 1989 s. 10; 1990 Sch 9 para 17(3). 19 1989 s. 125. 20 1989 s. 126. 21 1963 ss. 19(1), (3)–(7) & 135(1)(part) & (5); 1973 Sch 8 para 85; 1989 s. 127; 1989(EA) Sch 16 para 10; TFOs: SI 1965/145 Sch 1; SI 1970/1537 Art 2(1); SI 1970/1681 Sch 3 para 9(1); SI 1974/692 Sch 1 Pt III; SI 1983/1127 Art 2(3). 22 1963 s. 19(2) & (6); 1989 s. 127(2) & (5). 23 1963 s. 22; 1973 s. 9; 1989 Sch 13 paras 1 and 4. 24 1963 ss. 23, 49 & 128(1); 1976 (c. 44) s. 5(8); 1989 Sch 13 paras 1 & 5 & Sch 25 para 2. 25 1963 ss. 36(1)–(3), (5) & (6), 48, 49 & 128(1); 1976 (c. 44) s. 5(8); 1989 Sch 13 paras 1, 12 & 16 & Sch 25 para 2. 26 1963 s. 24(6) & 36(4). 27 1963 s. 24(1)–(3) & (5) & 26(1)(b); 1989 Sch 13 para 6. 28 1963 ss. 24(2)(proviso) & 55; 1973 s. 9; 1989 Sch 13 para 1. 29 1963 s. 24(4), (5) & (10); 1973 Sch 8 para 78. 30 1963 s. 78(1)–(3) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 20. 31 1963 s. 78(4)–(6). 32 1963 s. 24(7)–(9); 1973 s. 9; 1989 Sch 13 para 1. 33 1963 ss. 25 & 134(4); 1973 s. 9; 1989 Sch 13 paras 1 & 7. 34 1963 s. 54(1)–(3) & (5). 35 1963 s. 27; 1968 (c. 35) s. 1; 1973 s. 9; 1989 Sch 13 para 1. 36 1963 s. 37(3); 1973 s. 9; 1989 Sch 13 para 1. 37 1963 ss. 28 & 37(5); 1973 s. 9; 1989 Sch 13 paras 1 & 8. 38 1963 ss. 28(3) (part), 29(3) & (8) & 37(5); 1973 s. 9; 1989 Sch 13 para 1. 39 1963 ss. 26(1) & (2), 29(2) & (7)(a), 36(6), 37(5) & 135(5); 1973 s. 9; 1989 Sch 13 paras 1 & 9(1). 40 1963 ss. 29(4)–(6) & (7)(b) & 37(5); 1973 s. 9; 1989 Sch 13 paras 1 & 9(2). 41 1963 s. 38(1) & (2); 1973 s. 9 & Sch 8 para 79; 1989 Sch 13 paras 1 & 13. 42 1963 ss. 38(3) & (4) & 41(1)–(4) & (7)–(9); 1973 s. 9; 1989 Sch 13 paras 1 & 14(2). 43 1963 ss. 39(1), (2) & (4) & 40; 1973 s. 9; 1989 Sch 13 para 1. 44 1963 ss. 39(3)–(6), 40 & 41(1), (5) & (7)–(9); 1989 Sch 13 paras 1 & 14(1). 45 1963 s. 54(2), (3) & (5). 46 1963 s. 30(1)–(3) & (5)–(7) & 54(4); 1973 s. 9; 1989 Sch 13 paras 1 & 10. 47 1963 ss. 30(4), 31(4) & 37(1). 48 1963 ss. 26(1)(a), 31(1) & (3) & 37(2). 49 1963 s. 32(1), (2), (6) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 11. 50 1963 s. 32(3), (4), (6) & (7); 1973 s. 9; 1989 Sch 13 para 1. 51 1963 s. 42; 1973 s. 9; 1989 Sch 13 para 1. 52 1963 s. 43(1)–(5) & (9); 1973 s. 9; 1989 Sch 13 para 1. 53 1963 s. 43(5)–(8); 1973 s. 9; 1989 Sch 13 para 1. 54 1963 s. 44; 1973 s. 9; 1989 Sch 13 para 1. 55 1963 s. 47(1)–(3) & (11); 1973 s. 9; 1989 Sch 13 para 1. 56 1963 s. 47(3)–(5); 1973 s. 9; 1989 Sch 13 para 1. 57 1963 s. 45; 1973 s. 9; 1989 Sch 13 paras 1 & 15. 58 1963 s. 64; 1989 Sch 13 para 19. 59 1963 s. 54(2) & (5). 60 1963 s. 50; 1973 s. 9; 1989 Sch 13 para 1. 61 1963 ss. 46 & 47(6); 1973 s. 9; 1989 Sch 13 para 1. 62 1963 ss. 47(7)–(10) & 71(3); 1973 s. 9; 1989 Sch 13 para 1. 63 1963 s. 51; 1973 s. 9; 1989 Sch 13 para 1. 64 1963 ss. 43(1) & 52; 1973 s. 9; 1989 Sch 13 para 1. 65 Introduces Sch 7 66 1963 s. 131(1), (2) & (8) & 134(4); 1989 Sch 13 para 29; TFOs: SI 1965/319; SI 1970/1681. 67 1963 s. 132; 1989 Sch 13 para 30. 68 1963 ss. 116 & 134(4) & (6); TFOs: SI 1965/319 Sch 3 para 2. 69 1963 s. 117; 1973 s. 9; 1989 Sch 13 para 1. 70 1963 s. 135(8); IA s. 17. 71 1963 ss. 133(2)–(4), 134(4) & (6) & 135(1). 72 1963 ss. 105, 134(4) & (6) & 135(1), (3), (6) & (7); 1973 Sch 8 para 86; 1989 Sch 13 para 31(1)(e) & (3). 73 1989 ss. 131(1), (2) & (8) & 132(1), (2) & (9). 74 1989 ss. 131(3)–(4) & (9) & 133(7)(b) & (c). 75 1989 ss. 132(3), (4), (6), (7) & (10) & 133(7)(b) & (c). 76 1989 ss. 131(5)–(7) & 132(5). 77 1963 s. 128(2); 1989 ss. 133(1)–(4) & 135(1) & Sch 13 para 28. 78 1989 ss. 132(8) & 133(5), (6) & (7)(a); 1991(NR) Sch 8 para 116(2). 79 1989 ss. 131(8), 132(9) & 133(8) & Sch 14 para 4. 80 1989 s. 134. 81 1989 s. 135(2). 82 1989 s. 104. 83 1989 s. 105. 84 1989 s. 106. 85 1989 s. 107(1) & (6); 1990 s. 145(1). 86 1989 s. 107(2)–(4). 87 1989 s. 107(5) & 108(7) & (8). 88 1989 s. 108(1) & (9) & 113(1) & Sch 19 para 8(7); 1990 Sch 15 para 29. 89 1989 ss. 108(2)–(6) & 124(1). 90 1989 s. 109. 91 1989 Sch 12 para 8. 92 1989 s. 110. 93 1989 s. 111(1)–(3) & (5). 94 1989 s. 112(1), (4)–(7) & (9). 95 1989 s. 112(2), (3) & (9). 96 1989 s. 111(4) & 112(8). 97 1989 s. 116. 98 1989 s. 123. 99 1989 s. 113(2) & (3). 100 1989 s. 122. 101 1989 s. 121(2). 102 1989 s. 171. 103 Introduces Sch 13. 104 1989 ss. 103(1), (2) (part) & (4) to (6) & 124. 105 1976 s. 113; 1989 s. 136(1). 106 1989 s. 136(3)–(5) & (9). 107 1976 ss. 8(1), 18, 24(2) & (3), 26; 1989 Sch 15 paras 1 & 9(1). 108 1976 ss. 10(1), (3) & (4), 94, 109(1), (5)(b) & (6) & 116(1); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(5) & (8). 109 1976 s. 29(1), (2), (4), (6) & (7); 1989 Sch 15 para 1. 110 1976 ss. 29(2A), (3), (5) & (9) & 109(1) & (2); 1989 Sch 15 paras 1, 13 & 35; TFO: SI 1978/272 Sch 3 para 7(3). 111 1976 s. 23(2)–(5); 1984 Sch 4 para 66(1); 1989 Sch 15 paras 1 & 8; TFO: SI 1978/272 Sch 3 para 7(4) & (6). 112 1976 s. 95; TFO: SI 1978/272 Sch 3 para 7. 113 1976 s. 8(2) & (3) 114(1) & 116; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(5). 114 1989 s. 141(1)(a). 115 1975 s. 28(3)–(6) & Sch 3 paras 7–9 & 13; 1989 Sch 17 paras 1 & 7(7)(a) & (14)(a) & (b); TFO: SI 1978/272 Sch 3 para 6. 116 1989 s. 171. 117 1989 Sch 1 para 15(1)–(3) & (5). 118 1989 Sch 1 para 15(4) & 16. 119 1963 s. 88 & 1989 Sch 1 para 15(4) & Sch 13 para 1. 120 1963 s. 91 & 135(1) & (2); 1989 Sch 13 paras 1, 24 & 31; TFOs: SI 1976/1775; SI 1979/571 Art 3(5); SI 1981/238 Arts 2 & 3(4); R: 16. 121 1989 Sch 1 para 21. 122 1989 Sch 1 para 22. 123 1989 s. 129(1)–(3) & (7)–(9). 124 1989 s. 129(3)–(6). 125 1963 s. 60(5A) & (6); 1973 s. 9 & Sch 8 para 80(3); 1989 Sch 13 paras 1 & 18(2) & (3). 126 1963 ss. 60(1)–(5), 116 & 117; 1973 s. 9 & Sch 8 para 80(1); 1989 Sch 13 paras 1 & 18(1); TFOs: SI 1965/319 Sch 3 para 2 & SI 1970/1681. 127 1963 s. 63(1)–(3), (8), (10) & (11); 1973 s. 9; 1989 Sch 13 para 1. 128 1963 s. 63(4)–(6); 1973 s. 9; 1989 Sch 13 para 1. 129 1963 ss. 63(7), 116 & 117. 130 1963 s. 131(6) & (7); 1973 s. 9; 1989 Sch 13 para 1; TFOs: SI 1965/319; SI 1970/1681. 131 1989 Sch 12 para 9(1)–(3), (7) & (8). 132 1989 Sch 12 para 9(3)–(6). 133 1989 Sch 25 para 80(1). 134 1976 ss. 48 & 89(2); SI 1978/319 Sch para 2; 1989 Sch 15 paras 1 & 20; SI 1990/214 reg 2. 135 1976 s. 49 & 109(1) & (2); SI 1978/319 Sch para 3; 1989 Sch 15 paras 1 & 21. SI 1990/214 regs 3 & 4; TFO: SI 1978/272 Sch 3 para 7(5). 136 SI 1990/214 reg 3. 137 1976 ss. 50(1)–(4) & (9) & 116(4); 1989 Sch 15 paras 1 & 22; TFO: SI 1978/272 Sch 3 para 7(5). 138 1976 ss. 51 & 109(1) & (3); SI 1978/319 Sch para 4; 1989 Sch 15 paras 1 & 23. 139 1976 s. 84(1)–(3) & (5); 1989 Sch 15 para 1; SI 1990/72 reg 3A(1); SI 1991/523 reg 3. 140 1976 s. 84(5)–(8); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4). 141 1976 s. 85; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4). 142 1975 s. 28(3)(a) & (b); 1989 Sch 17 para 7(7)(a). 143 1976 s. 88(1), (2) & (5); 1989 Sch 15 paras 1 & 29. 144 1989 ss. 145(1)(c) & 189(1). 145 1976 ss. 89(1) & 116(1); SI 1978/319 Sch para 6; 1989 Sch 15 paras 1 & 30. 146 1989 Sch 1 para 17. 147 1976 s. 90(1)–(5); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3). 148 1976 ss. 32(5) & 92; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3). 149 1976 s. 90(6) & (7); 1989 Sch 15 paras 1 & 31; TFO: SI 1978/272 Sch 3 para 7(3). 150 1989 s. 170(7) & (8). 151 1989 Sch 1 para 18. 152 1989 Sch 1 para 19. 153 1989 s. 184 & Sch 1 para 20. 154 1989 s. 151. 155 1976 ss. 36 & 116; 1989 Sch 15 paras 1 & 16; TFO SI 1978/272 Sch 3 para 7(3). 156 1975 Sch 3 paras 37 and 38; 1989 Sch 17 paras 1 and 7(14)((e) & (f). 157 1989 s. 152. 158 1963 ss. 81 & 135(1); 1972 (c. 61) s. 18(6); 1973 s. 9; 1989 Sch 13 paras 1 & 22. 159 1989 s. 154(1) & (5) & Sch 19 paras 1 & 2(1), (2) & (8). 160 1989 Sch 19 paras 1 & 4(1), (4) & (5). 161 1989 ss. 115, 122 & 124. 162 1989 s. 154(1), (3) & (4) & Sch 19 paras 1(2), 2(1)(c) & (d) & 4(1)(c) & (d). 163 1989 Sch 19 para 8(1), (5), (6) & (8); R: 17. 164 1989 s. 176 & Sch 19 para 9(1) & (3)–(8) & Sch 26 para 43. 165 1976 ss. 8(2), 17, 22, 23(1), 90(7) & 116(4); 1989 Sch 15 paras 1 & 5. 166 1976 s. 32; 1989 Sch 15 paras 1 & 14. 167 1976 s. 33(1)–(3) & (5); 1989 Sch 15 para 1; 1990 Sch 15 para 18. 168 1975 Sch 3 para 37; 1989 ss. 155 & 157(1) & Sch 17 para 7(4)(e). 169 1989 s. 147(1), (2) & (4). 170 1989 Sch 19 para 10(1)–(3). 171 1989 s. 156(1)–(5). 172 1989 s. 147(1), (2) & (4). 173 Introduces Sch 20. 174 1989 s. 180. 175 1989 s. 153(2) & (6). 176 1989 s. 167. 177 Introduces Sch 21. 178 Introduces Sch 22. 179 1989 s. 160(4)–(7) & (9). 180 1976 s. 106; 1989 Sch 15 para 1. 181 1975 s. 38; 1976 s. 115; 1989 Sch 17 para 1 & Sch 19 para 7. 182 1989 s. 159. 183 1976 s. 111; 1979 (c. 46) Sch 4 para 16; 1989 s. 163; 1990 (c. 11) Sch 2 para 81(2). 184 1989 s. 157(2) & (3). 185 1976 s. 24(1) & 26(12); 1989 Sch 15 para 1. 186 1989 Sch 19 paras 1 & 11. 187 1989 s. 150. 188 1989 s. 143(2). 189 1963 s. 53; 1973 s. 9; 1989 Sch 13 paras 1 & 17. 190 1989 s. 117 & 121; 1990 Sch 15 para 30. 191 1989 Sch 19 para 9(2) & (8). 192 1989 s. 103(2) & (3). 193 1976 s. 9(1), (7), (8), (10) & (11); 1989 Sch 15 paras 1 & 4 & Sch 26 para 38; TFO: SI 1978/272 Sch 3 para 7(5). 194 1976 s. 9(3), (5) & (6); 1989 Sch 15 paras 1 & 4; TFO: SI 1978/272 Sch 3 para 7(5). 195 1989 s. 165. 196 1989 s. 149. 197 1989 s. 130. 198 1945 s. 7(1)–(5) & (7); 1965 Sch 2; 1977 Sch 1. 199 1963 s. 78(2)–(3) & (7); 1973 s. 9; 1989 Sch 13 paras 1 & 20. 200 1963 s. 17; 1973 s. 9; 1982(CJA) s. 38; 1989 Sch 13 paras 1 & 3. 201 1963 s. 114; 1973 s. 9; 1982(CJA) s. 38; 1989 Sch 13 para 1. 202 1989 ss. 118 & 121. 203 1989 s. 119. 204 1989 s. 174; R: 11. 205 1945 ss. 7(6) & (7) & 48(6); 1949 (c. 11) s. 1(1); 1977 Sch 1; TFOs: SI 1951/142 Sch; SI 1951/1900 art 1; SI 1965/319 Sch 3; SI 1970/1681 Sch 1. 206 1945 s. 45; 1963 s. 115; 1989 s. 175. 207 1989 s. 170(1)–(6) & (9). 208 1981 s. 6; 1986(GA) Sch 7 para 2(6); 1989 Sch 25 para 63; 1989(EA) Sch 16 para 1(5); 1990 (c. 11) Sch 2 para 46; 1991(NR) Sch 8 para 106. 209 1963 s. 31(5); 1989 s. 148. 210 1975 s. 28(6) & (8); 1989 s. 186 & Sch 17 para 7(7)(b). 211 1963 ss. 79(8) & (9) & 135(8); 1975 s. 28(7) & Sch 4 Pt I para 1(2); 1976 s. 34(4) & (5); 1977 Sch 6; 1982(CJA) s. 38; 1989 ss. 114(2), 121, 122 & 158(4)(d). 212 1975 Sch 3 paras 17 & 18; 1989 Sch 17 para 1; TFO: SI 1978/272 Sch 3 para 6. 213 1963 s. 109(1); 1973 s. 9; 1989 s. 120 & Sch 13 para 1; TFOs: SI 1965/319 Sch 3 para 2; SI 1978/272 Sch 3 para 2(7). 214 1976 s. 96; 1982(CJA) s. 38; 1986 (c. 63) s. 42; TFO: SI 1978/272 Sch para 7. 215 1963 s. 109(2); 1989 s. 181 & Sch 13 para 26 & Sch 17 para 7(16). 216 1963 s. 118(1) & (2); 1973 s. 9; 1989 Sch 13 para 1. 217 1963 s. 118(3) & (4); 1989 ss. 121(1) & 177; R: 13. 218 1989 ss. 182 & 189(1) (definition of “services"). 219 1963 s. 134; 1989 ss. 185 & 189(1) (definition of “prescribed"). 220 1945 s. 56; 1963 s. 120; 1989 s. 187 & Sch 25 para 7(10); R: 14. 221 1945 s. 59(1) (definition of “owner"); 1963(L) Sch 14 para 10; 1963 ss. 2, 19(7), 120(5) & 135; 1976 ss. 32(5) & 116; 1981 s. 6(7)(b); 1985(LG) Sch 7 para 9; 1989 ss. 124, 127(6), 130(8), 135(1), 189 & 191(6) & Sch 13 paras 2 & 31 & Sch 15 para 38; 1990 (c. 11) Sch 2 para 81(1); 1991(NR) Sch 8 para 116(3). R: 6, 15, 16 & 20. 222 1963 s. 123(1) & (5); 1976 s. 115; 1989 s. 192; 1990 (c. 11) Sch 2 para 81(3). 223 1963 s. 123(1) & (5). 224 1989 s. 193. 225 1989 ss. 141(6) & 194. Sch 1 1963 s. 120(5); 1976 s. 35; 1989 Sch 1, Pt I, paras. 1-10 & 14 & Sch 15 para 1. Sch 2 1963 ss. 82, 106, 133(2)–(4), 134(4) & 135(1) & (2) & Sch 10; 1973 s. 9 & Sch 8 para 83; 1989 Sch 13 paras 1, 23, 25 & 33; TFOs: SI 1976/1775 Sch 3 para 7; SI 1979/571 Art 3(5); SI 1981/238 Arts 2 & 3(4); R: 16. Sch 3 1989 Sch 16. Sch 4 1976 Sch 1; 1982 (c. 32) Sch 5 para 7; 1983 Sch 4 paras 5 & 6; 1985 (c. 65) Sch 8, para 29; 1989 Sch 15 paras 1 & 39; TFO: SI 1978/272 Sch 3 para 7(5). Sch 5 1963 s. 135(1) & Sch 7; 1973 s. 9; 1989 Sch 13 paras 1 and 32; 1989(EA) Sch 16 para 10; TFOs: SI 1970/1681 Sch 3 para 9(1); 1983/1127 Art 2(3). Sch 6 1963 ss. 25(5)–(8) & 135(1) & Sch 7; 1973 s. 9; 1989 Sch 13 paras 1 and 32; 1989(EA) Sch 16 para 10; TFOs: SI 1965/145 Sch 1; SI 1970/1537 art 2(1); SI 1970/1681 Sch 3 para 9; SI 1974/692 Sch 1 Pt III; SI 1983/1127 Art 2(3); R: 4. Sch 7 1963 ss. 46(3) & 50(4) & (5); 1989 Sch 26 paras 30–33. Sch 8 1989 Sch 14 paras. 1–3. Sch 9 1989 s. 135(1) & Sch 14 paras. 5–8. Sch 10 1989 s. 176 & Sch 12 paras 1–7. Sch 11 1989 Sch 7. Sch 12 1989 Sch 11. Sch 13 1989 Sch 26 Pt III. Sch 14 1976 s. 10(2) & (3) & 109(5)(b) and Sch 3 paras 1–4 and 9–14; TFO: SI 1978/272 Sch 3 para 7(12). Sch 15 1976 ss. 52–61; 1989 Sch 15 paras 1, 24 & 25; SI 1978/319 Sch 5 para 5; SI 1990/214 Reg 5; TFO: SI 1978/272 Sch 3 para 7(5). Sch 16 1976 ss. 50(4)–(8) & 109(6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(5). Sch 17 1976 ss. 88(3) & (4) & 109(1), (4) & (5) & Sch 3 paras 5 to 8. Sch 18 1989 Sch 18. Sch 19 1989 Sch 20. Sch 20 1989 ss. 147(3), 156(6) 178 & 179 & Sch 19 para 10(4) & (5); 1991(NR) Sch 8 para 116(4). Sch 21 1976 ss. 17(5) & 33(4); 1989 Sch 15 para 1 & Sch 19 paras 2(4)–(6), 6 & 8(2)–(4). Sch 22 1976 ss. 29(8) & 112; 1984 Sch 4 para 66(2); 1984 (c. 32) Sch 6 para 12; 1986 (c. 31) Sch 2 para 5; 1986 (c. 44) Sch 7 para 25; 1987 (c. 3) Sch 1 para 32; 1989 s. 160(1)–(3), (6) & (8) & Sch 15 para 37 & Sch 19 paras 2(9) & 3; 1989 (c. 29) Sch 16 paras 21 & 37; 1991(NR) Sch 8 para 116(4); R: 17. Sch 23 1989 Sch 21. Sch 24 1989 s. 174(2)(d) & (3). Sch 25 1963 s. 79(3)–(6); 1973 s. 9; 1975 Sch 3 paras 14–16 & 19–36; 1976 s. 34; 1986 (c.62) s. 33(3); 1989 ss. 114, 158, Sch 13 para 21, Sch 15 para 15(1) & Sch 17 para 7(14)(c) & (d); R: 5. Sch 26 1989 Sch 24.