Change 1 Article Choose an article Title and introductory text 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 General duties with respect to the water industry. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 General management of resources by the Agency. 20 Water resources management schemes. 20A Water resources management schemes: other abstractors 20B Water resources management schemes: referral to Secretary of State 20C Proposals for bulk supply arrangements 21 Minimum acceptable flows. 22 Directions to the appropriate agency to consider minimum acceptable flow. 23 Minimum acceptable level or volume of inland waters. 24 Restrictions on abstraction. 24A Abstraction licences 25 Restrictions on impounding. 25A Enforcement notices 25B Rights of entry and appeals 25C Consequences of not complying with an enforcement notice 26 Rights of navigation, harbour and conservancy authorities. 27 Rights to abstract small quantities. 27A Variation of small quantity threshold 28 Curtailment of rights under section 27. 29 Rights to abstract for drainage purposes etc. 30 Notices with respect to borings not requiring licences. 31 Appeals against conservation notices under section 30. 32 Miscellaneous rights to abstract. 33 Power to provide for further rights to abstract. 33A Power to provide for further exemptions 34 Regulations with respect to applications. 35 Restrictions on persons who may make applications for abstraction licences. 36 Application for combined abstraction and impounding licence. 36A Applications: types of abstraction licence 37 Publication of application for licence. 37A Power to dispense with publication requirements 38 General consideration of applications. 39 Obligation to have regard to existing rights and privileges. 39A Protected rights for the purposes of this Chapter 39B Register of certain protected rights 40 Obligation to take river flow etc. into account. 41 Secretary of State’s power to call in applications 42 Consideration of called-in applications. 43 Appeals to the Secretary of State. 44 Determination of appeals. 45 Regulations with respect to appeals. 46 Form and contents of licences. 46A Limited extension of abstraction licence validity 46B Power to impose general conditions with respect to licensed activity by water companies 47 Holders of licence. 48 General effect of licence. 48A Civil remedies for loss or damage due to water abstraction 49 Succession to licences to abstract where person ceases to occupy the relevant land. 50 Succession where person becomes occupier of part of the relevant land. 51 Modification on application of licence holder. 52 Proposals for modification at instance of the appropriate agency or Secretary of State. 53 Modification in pursuance of proposals under section 52. 54 Reference of modification proposals to the Secretary of State. 55 Application for modification of licence by owner of fishing rights. 56 Determination of application under section 55. 57 Emergency variation of licences for spray irrigation purposes. 58 59 Regulations with respect to modification applications. 59A Transfer of licence 59B Vesting of licence on death or bankruptcy of holder 59C Apportionment of licence to abstract 59D Apportionment of licence to abstract: supplementary 60 Liability of the appropriate agency for derogation from protected right. 61 Compensation where licence modified on direction of the Secretary of State. 61ZA No compensation where modification to protect environment: England 61ZB No compensation where variation to remove excess headroom: England 61A Recovery of compensation from new licence-holder 62 Compensation for owner of fishing rights applying under section 55. 63 Secretary of State to indemnify appropriate agency in certain cases. 64 Abstracting and impounding by the appropriate agency. 65 Licences of right. 66 Inland waters owned or managed by Canal & River Trust. 67 Ecclesiastical property. 68 69 Validity of decisions of Secretary of State and related proceedings. 70 Civil liability under Chapter II. 71 Modification of local enactments. 72 Interpretation of Chapter II. 73 Power to make ordinary and emergency drought orders. 74 Provisions and duration of ordinary drought order. 75 Provisions and duration of emergency drought order. 76 Provisions of drought order restricting use of water. 77 Provisions of drought order with respect to abstractions and discharges. 78 Works under drought orders. 79 Compensation and charges where drought order made. 79A Drought permits. 80 Offences against drought order. 81 Interpretation of Chapter III. 82 Classification of quality of waters. 83 Water quality objectives. 84 General duties to achieve and maintain objectives etc. 85 Offences of polluting controlled waters. 86 Prohibition of certain discharges by notice or regulations. 87 Discharges into and from public sewers etc. 88 Defence to principal offences in respect of authorised discharges. 89 Other defences to principal offences. 90 Offences in connection with deposits and vegetation in rivers. 90A Applications for consent under section 89 or 90. 90B Enforcement notices. 91 Appeals in respect of consents under Chapter II. 91A Introductory. 91B Mine operators to give the appropriate agency six months’ notice of any proposed abandonment. 92 Requirements to take precautions against pollution. 93 Water protection zones. 94 Nitrate sensitive areas. 95 Agreements in nitrate sensitive areas. 96 Regulations with respect to consents required by virtue of section 93 or 94. 97 Codes of good agricultural practice. 98 Radioactive substances. 99 Consents required by the Agency. 100 Civil liability in respect of pollution and savings. 101 Limitation for summary offences under Part III. 102 Power to give effect to international obligations etc. 103 Transitional pollution provisions. 104 Meaning of “controlled waters" etc. in Part III. 105 General functions with respect to flood defence. 106 Obligation to carry out flood defence functions through committees. 107 Main river functions under the Land Drainage Act 1991. 108 Schemes for transfer to the appropriate agency of functions in relation to main river. 109 Structures in, over or under a main river. 110 Applications for consents and approvals under section 109. 111 Arrangements with navigation and conservancy authorities. 112 Flood defence regulations. 113 Interpretation of Part IV. 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Fisheries orders. 116 Power to give effect to international obligations etc. 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Special duties with respect to flood defence revenue. 119 Duties with respect to certain funds raised under local enactments. 120 Contributions between the appropriate agency and certain other authorities. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Specific exemptions from water resources charges. 126 Agreements containing exemptions from charges. 127 Special charges in respect of spray irrigation. 128 Duration of agreement under section 127. 129 Directions and appeals with respect to exercise of powers under sections 127 and 128. 130 Charges in respect of abstraction from waters of Canal & River Trust. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Power to authorise the Agency to issue levies. 134 Raising of general drainage charges. 135 Amount, assessment etc. of general drainage charge. 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Special drainage charges in interests of agriculture. 138 Levying and amount of special drainage charge. 139 Contributions from internal drainage boards. 140 Appeals in respect of resolutions under section 139. 141 Precepts for recovery of contributions from internal drainage boards. 142 Fisheries contributions. 143 Power of appropriate agency to levy navigation tolls. 144 Incidental power of the Authority to impose charges. 145 Interpretation of Chapter II. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Grants for drainage works. 148 Grants towards cost of flood warning systems. 149 Other grants in respect of exercise of powers under Part VII for drainage purposes. 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Compulsory purchase etc. 155 Accretions of land resulting from drainage works. 156 Acquisition of land etc. for fisheries purposes. 157 Restriction on disposals of compulsorily acquired land. 158 Works agreements for water resources purposes. 159 Powers to lay pipes in streets. 160 Power to lay pipes in other land. 161 Anti-pollution works and operations 161ZA Other works and operations in respect of harm to controlled waters 161ZB Works and operations for improving controlled waters 161ZC Sections 161 to 161ZB: supplementary 161A Notices requiring persons to carry out works and operations 161AA Works notices: form etc 161AB Works notices: exceptions etc 161B Grant of, and compensation for, rights of entry etc. 161C Appeals against works notices. 161D Consequences of not complying with a works notice. 162 Other powers to deal with foul water and pollution. 163 Discharges for works purposes. 164 Consents for certain discharges under section 163. 165 General powers to carry out works 166 Power to carry out works for purpose of providing flood warning system. 167 Power to dispose of spoil in connection with flood defence works. 167A 168 Compulsory works orders. 169 Powers of entry for enforcement purposes. 170 Power of entry for certain works purposes. 171 Power to carry out surveys and to search for water. 172 Powers of entry for other purposes. 173 Powers of entry: supplemental provisions. 174 Impersonation of persons exercising powers of entry. 175 Vesting of pipes in the appropriate agency. 176 Offence of interference with works etc. 177 Compensation etc. in respect of exercise of works powers. 178 Protection for particular undertakings. 179 Protective provisions in respect of flood defence works and watercourses etc. 180 Power of navigation authorities etc to divert the appropriate agency's watercourses. 181 Works in tidal lands etc. 182 Mineral rights. 183 Saving for planning controls etc. 184 Duties to make recreational facilities available when building reservoirs in Wales. 185 Savings in respect of existing drainage obligations. 186 Interpretation of Part VII. 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Duty of the Agency and NRBW to publish information 189 Register of abstraction and impounding licences. 190 Pollution control register. 191 Register for the purposes of works discharges. 191A Exclusion from registers of information affecting national security. 191B Exclusion from registers of certain confidential information. 192 Maps of fresh-water limits. 193 The main river map for England 193A Inspection and copies 193B Replacing the main river map for England 193C Determinations as to main rivers 193D Appeals 193E Guidance 194 The main river map for Wales 194A Inspection and copies 194B Replacing the main river map for Wales 194C Determinations as to main rivers 194D Appeals 194E Guidance 195 Maps of waterworks. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Provision of information about water flow etc. 198 Information about underground water. 199 Notice etc. of mining operations which may affect water conservation. 199A Appeals against conservation notices under section 199 200 Gauges and records kept by other persons. 201 Power to require information with respect to abstraction. 202 Information and assistance required in connection with the control of pollution. 203 Exchange of information with respect to pollution incidents etc. 204 Restriction on disclosure of information. 205 Confidentiality of information relating to underground water etc. 206 Making of false statements etc. 207 Directions in the interests of national security etc. 208 Civil liability of the Agency or NRBW for escapes of water etc 209 Evidence of samples and abstractions. 210 Byelaw-making powers of the appropriate agency. 211 Enforcement of byelaws. 212 Compensation in respect of certain fisheries byelaws. 213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Enforcement: powers and duties. 217 Criminal liabilities of directors and other third parties. 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Powers to make regulations. 220 Provisions relating to service of documents. 221 General interpretation. 222 Crown application. 223 Exemption for visiting forces. 224 Application to the Isles of Scilly. 225 Short title, commencement and extent. SCHEDULE 1 SCHEDULE 2 ORDERS AND AGREEMENTS FOR TRANFER OF OF NAVIGATION, HARBOUR AND CONSERVANCY FUNCTIONS SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 PROCEDURE RELATING TO STATEMENTS ON MINIMUM ACCEPTABLE FLOW SCHEDULE 6 Orders relating to abstraction of small quantities and compulsory registration of protected rights SCHEDULE 7 LICENCES OF RIGHT SCHEDULE 8 PROCEEDINGS ON APPLICATIONS FOR DROUGHT ORDERS SCHEDULE 9 COMPENSATION IN RESPECT OF DROUGHT ORDERS SCHEDULE 11 WATER PROTECTION ZONE ORDERS SCHEDULE 14 ORDERS TRANSFERRING MAIN RIVER FUNCTIONS TO THE APPROPRIATE AGENCY SCHEDULE 15 SUPPLEMENTAL PROVISIONS WITH RESPECT TO DRAINAGE CHARGES SCHEDULE 16 SCHEMES IMPOSING SPECIAL DRAINAGE CHARGES SCHEDULE 17 ORDERS WITH RESPECT TO NAVIGATION TOLLS SCHEDULE 18 MODIFICATION OF COMPENSATION PROVISION ETC IN RELATION TO THE CREATION OF NEW RIGHTS SCHEDULE 19 ORDERS CONFERRING COMPULSORY WORKS POWERS SCHEDULE 20 Supplemental Provisions with respect to Powers of Entry SCHEDULE 21 CCOMPENSATION ETC. IN RESPECT OF CERTAIN WORKS POWER SCHEDULE 22 PROCTECTION FOR PARTICULAR UNDERTAKINGS SCHEDULE 23 MINERAL RIGHTS SCHEDULE 24 DISCLOSURE OF INFORMATION SCHEDULE 25 BYELAW - MAKING POWERS OF THE APPROPRIATE AGENCY SCHEDULE 26 PROCEDURE RELATING TO BYELAWS MADE BY THE APPROPRIATE AGENCY Schedule 27 Emergency fisheries byelaws Table of Derivations
What to do with it
As published
161A Notices requiring persons to carry out works and operations
(1) Where it appears to the appropriate agency that—
(a) 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
(b) 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),
the appropriate agency shall be entitled to serve a works notice on any responsible person.
(2) In this section “responsible person” has the same meaning as in section 161 or 161ZA) (as the case may be).
(3) 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.
(4) 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).
(5) 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.
(6) 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.
(7) In this section and sections 161AA and 161AB “controlled waters” has the same meaning as in Part 3 of this Act.
Your wording
Your change, as a redline
161A Notices requiring persons to carry out works and operations
(1) Where it appears to the appropriate agency that—
(a) 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
(b) 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),
the appropriate agency shall be entitled to serve a works notice on any responsible person.
(2) In this section “responsible person” has the same meaning as in section 161 or 161ZA) (as the case may be).
(3) 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.
(4) 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).
(5) 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.
(6) 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.
(7) In this section and sections 161AA and 161AB “controlled waters” has the same meaning as in Part 3 of this Act.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.