(1) The NRBW must provide reasonable facilities for inspecting the main river map for Wales in electronic form.
(2) The NRBW must on request provide any person with—
(a) a hard copy of all or part of the map, or
(b) data comprising all or part of the map in electronic form.
(3) The NRBW may charge a fee for providing a copy or data under subsection (2), but the fee—
(a) 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
(b) in any other case, may not exceed the reasonable costs of providing the copy or data.
(4) 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
(5) The Documentary Evidence Act 1868 has effect as if—
(a) the NRBW were mentioned in the first column of the Schedule to that Act;
(b) 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;
(c) the regulation referred to in that Act included the main river map for Wales kept by the NRBW;
(d) references to a copy included references to a print-out of information kept in electronic form.
(1) The NRBW may at any time replace the existing main river map for Wales for the purpose of including—
(a) a change which, pursuant to section 194(2)(b), is required by the making, amendment or revocation of a scheme under section 137,
(b) a change to give effect to a determination under section 194C, or
(c) a change directed by the Welsh Ministers under section 194D(5) (following an appeal against a determination).
(2) A replacement map may not include other changes.
(3) A replacement map must specify the date on which it takes effect.
(1) Subject to the following provisions of this section, the NRBW may determine that—
(a) 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;
(b) 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.
(2) Before making a determination under subsection (1) as regards a watercourse, the NRBW must—
(a) publish (in such manner as it considers appropriate) the determination it proposes to make, and
(b) consider representations made within the time and in the manner specified by the NRBW when publishing the determination.
(3) The NRBW must consult the Agency before making a determination under subsection (1)—
(a) which affects a watercourse part of which is in Wales and part of which is in England, and
(b) in which it seems to the NRBW that the Agency has an interest.
(4) Having taken such steps as are required by subsections (2) and (3), the NRBW may—
(a) decide not to make a determination, or
(b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise.
(5) The NRBW must publish (in such manner as it considers appropriate)—
(a) that decision;
(b) the terms of any determination made;
(c) if a determination is made, the date on which a replacement map will give effect to the determination.
(6) 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.
(7) 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).
(1) A person aggrieved by a determination under section 194C may appeal to the Welsh Ministers.
(2) 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.
(3) 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.
(4) The Welsh Ministers may appoint a person to make a report to assist them in determining the appeal.
(5) If the Welsh Ministers allow the appeal in whole or in part, they may by direction to the NRBW—
(a) specify a change to be included in a replacement map under section 194B, and
(b) specify the date on which that change is to take effect.
(6) 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.
(7) The Welsh Ministers may direct the NRBW to publish their decision in such manner as the direction may specify.
(1) The Welsh Ministers may from time to time issue guidance to the NRBW about the exercise of its functions under sections 194 to 194D.
(2) The guidance may in particular include guidance as to—
(a) 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;
(b) what kind of publication is appropriate under section 194C(2) and (5).
(3) The NRBW must have regard to the guidance in carrying out its functions under sections 194 to 194D.
197 Provision of information about water flow etc.
(1) It shall be the duty of the appropriate agency —
(a) 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
(b) to provide reasonable facilities to all persons—
(i) for the inspection of the contents of any records kept by the appropriate agency and containing information to which this section applies; and
(ii) for the taking of copies of, or of extracts from, any such records.
(2) 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.
(3) 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—
(a) to inspect the contents of any of those records; and
(b) to take copies of, or of extracts from, the contents of any of those records;
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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(1) 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.
(2) Any person sinking any such well or borehole as is mentioned in subsection (1) above shall-
(a) 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;
(b) send to UKRI particulars of any test made before completion or abandonment of the work of the flow of water;
(c) 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.
(3) The journal required to be kept under this section shall include measurements of—
(a) the strata passed through; and
(b) the levels at which water is struck and subsequently rests.
(4) The particulars required to be sent to UKRI under subsection (2)(b) above shall specify—
(a) the rate of flow throughout the test;
(b) the duration of the test;
(c) where practicable, the water levels during the test and afterwards until the water returns to its natural level; and
(d) 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.
(5) The rights mentioned in subsection (2)(c) above are the rights, subject to section 205 below—
(a) to have free access to the well or borehole;
(b) to inspect the well or borehole and the material extracted from it;
(c) to take specimens of any such material and of water abstracted from the well or borehole; and
(d) to inspect and take copies of or extracts from the journal required to be kept under this section.
(6) 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.
(7) Where—
(a) any person contracts to sink any well or borehole on land belonging to or occupied by another; and
(b) the carrying out of the work is under the control of the contractor,
the contractor and no other person shall be deemed for the purposes of this section to be the person sinking the well or borehole.
(8) 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—
(a) to a fine not exceeding level 3 on the standard scale; and
(b) where the the offence continues after conviction, to a further fine of £20 for every day during which it so continues.
199 Notice etc. of mining operations which may affect water conservation.
(1) 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.
(2) 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.
(2A) 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.
(3) 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.
(4) 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—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
199A Appeals against conservation notices under section 199
(1) 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—
(a) that the measures required by the conservation notice are not reasonable;
(b) that those measures would interfere with the winning of minerals.
(2) 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.
(3) Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit—
(a) cause a local inquiry to be held; or
(b) 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;
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.
(4) On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.
(5) The decision of the Secretary of State on any appeal against a conservation notice shall be final.
(6) 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.
(7) 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.
(8) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
(1) 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—
(a) shall give notice to the appropriate agency of his proposal to install the gauge; and
(b) 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.
(2) 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.
(3) Subsections (1) and (2) above shall not apply—
(a) 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
(b) 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.
(4) 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.
201 Power to require information with respect to abstraction.
(1) 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.
(2) 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.
(3) 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—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) 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.
202 Information and assistance required in connection with the control of pollution.
(1) 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.
(2) 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.
(3) 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.
(4) 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—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
203 Exchange of information with respect to pollution incidents etc.
(1) 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.
(1A) 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.
(2) 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.
(2A) 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.
(3) 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.
(4) 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.
(5) The duties of
(a) a water undertaker under subsection (2) above; or
(b) a water supply licensee under subsection (2A) above,
shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.
(6) This section applies to information—
(a) about the quality of any controlled waters or of any other waters; or
(b) about any incident in which any poisonous, noxious or polluting matter or any ... waste matter has entered any controlled waters or other waters.
(7) In this section “controlled waters” has the same meaning as in Part III of this Act.
(8) 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.
(1) Subject to the following provisions of this section, no information with respect to any particular business which—
(a) has been obtained by virtue of any of the provisions of this Act; and
(b) relates to the affairs of any individual or to any particular business,
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.
(2) Subsection (1) above does not apply to any disclosure of information which is made—
(a) 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);
(b) 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;
(c) 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;
(ca) for the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;
(d) 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;
(e) 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;
(ea) for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;
(f) 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;
(g) 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;
(ga) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;
(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(j) 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
(k) in pursuance of an assimilated obligation.
(3) Nothing in subsection (1) above shall be construed—
(a) as limiting the matters which may be included in, or made public as part of, a report of—
(i) the Agency;
(ia) the Scottish Environment Protection Agency;
(ib) the NRBW;
(ii) the Water Services Regulation Authority;
(iii) the Consumer Council for Water (or any regional committee of that Council established under section 27A of the Water Industry Act 1991); or
(iv) the Competition and Markets Authority,
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;
(b) as limiting the matters which may be published under section 201 of that Act of 1991; or
(c) 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.
(4) Subject to subsection (5) below, nothing in subsection (1) above shall preclude the disclosure of information—
(a) 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
(b) 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.
(5) 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—
(a) impose conditions subject to which the disclosure of information is permitted by virtue of that paragraph; and
(b) otherwise restrict the circumstances in which disclosure is so permitted.
(6) Any person who discloses any information in contravention of the preceding provisions of this section shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(7) 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.
(8) In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.
205 Confidentiality of information relating to underground water etc.
(1) 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—
(a) any copy of or extract from the journal required to be kept under that section; or
(b) any specimen taken in exercise of the rights specified in subsection (5) of that section.
(2) 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.
(3) 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.
(4) 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—
(a) 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
(b) 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.
(5) 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—
(a) to a fine not exceeding level 3 on the standard scale; and
(b) where the offence continues after conviction, to a further fine of £20 for every day during which it so continues.
(6) 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—
(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.
(1) 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.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where—
(a) 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
(b) such a device is used for the purposes of those provisions,
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.
(3A) 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.
(4) 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.
(5) A person who is guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
207 Directions in the interests of national security etc.
(1) 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.
(2) 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.
(3) 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).
(4) 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.
(5) 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.
(6) 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.
(7) 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—
(a) so to disrupt water supplies or sewerage services; or
(b) to involve such destruction of or damage to life or property in that 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.
(8) In this section “sewerage services” has the same meaning as in the Water Industry Act 1991.
208 Civil liability of the Agency or NRBW for escapes of water etc
(1) 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.
(2) 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.
(3) 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—
(a) 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;
(b) 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;
(c) by any highway authority; or
(d) by any person on whom a right to compensation is conferred by section 82 of the New Roads and Street Works Act 1991.
(4) 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.
(5) 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.
(6) 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.
(7) In this section “fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.
(8) 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—
(d) by any bridge authority, bridge managers, street authority or street managers within the meaning of the Public Utilities Street Works Act 1950; or
(e) by any person on whom a right to compensation under section 26 of that Act of 1950 is conferred.
;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).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) 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—
(a) to have been abstracted during any period from a source of supply by the holder of the licence; or
(b) to have been so abstracted at a particular point or by particular means, or for use for particular purposes,
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.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
210 Byelaw-making powers of the appropriate agency.
(1) 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.
(2) 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.
(3) Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.
(1) 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—
(a) to a fine not exceeding level 1 on the standard scale; and
(b) if the contravention is continued after conviction, to a fine not exceeding £5 for each day on which it is so continued.
(2) 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.
(3) 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,
(a) 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;
(b) in the case of byelaws made by virtue of paragraph 6, to a fine.
(4) 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—
(a) to a fine not exceeding level 5 on the standard scale; and
(b) if the contravention is continued after conviction, to a further fine not exceeding £40 for each day on which it is so continued.
(5) Without prejudice to any proceedings by virtue of subsection (1) or (4) above, the appropriate agency may—
(a) 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;
(b) 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
(c) recover the expenses reasonably incurred by the appropriate agency in taking any action under paragraph (a) or (b) above from the person in default.
(6) 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.
(7) 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.
212 Compensation in respect of certain fisheries byelaws.
(1) Where—
(a) 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
(b) that claim is made at any time before the end of twelve months after the confirmation of the byelaw,
the appropriate agency may pay that person such amount by way of compensation as it considers appropriate.
(2) 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—
(a) 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;
(b) 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;
(c) 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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) 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.
(1) 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.
(2) No proceedings for any offence under any provision to which this section applies shall be instituted except—
(a) by the appropriate agency; or
(b) by, or with the consent of, the Director of Public Prosecutions.
(3) This section applies to Chapter II of Part II of this Act and the related water resources provisions.
217 Criminal liabilities of directors and other third parties.
(1) 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.
(2) 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.
(3) 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.
(1) 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.
(2) . . . The provisions of any regulations made by one or both the Ministers under this Act may include-
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(f) such supplemental, consequential and transitional provision as the Minister or Ministers exercising the power considers or consider appropriate.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Any document required or authorised by virtue of this Act to be served on any person may be served—
(a) 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
(b) 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
(c) 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.
(2) 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—
(a) 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;
(b) 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;
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.
(3) 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.
(4) 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—
(a) 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
(b) in the case of service on the occupier, if the premises appear to be or are unoccupied,
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.
(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.
(1) In this Act, except in so far as the context otherwise requires—
“the 1995 Act” means the Environment Act 1995;
“abstraction”, in relation to water contained in any source of supply, means the doing of anything whereby any of that water is removed from that source of supply, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of supply; and “abstract” shall be construed accordingly;
“accessories”, in relation to a main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any electronic communications apparatus unless it—
is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; and
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;
and in this definition “stopcock” has the same meaning as in the Water Industry Act 1991;
“the Agency” means the Environment Agency;
“agriculture” has the same meaning as in the Agriculture Act 1947 and “agricultural” shall be construed accordingly;
“analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;
“the appropriate agency” means—
for the purposes of the flood risk management work provisions—
in relation to flood risks (within the meaning of the Flood and Water Management Act 2010) in Wales, the NRBW;
in any other case, the Agency;
for any other purpose—
in relation to Wales, the NRBW;
in any other case, the Agency;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“conservancy authority” means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation authority or harbour authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;
“damage”, in relation to individuals, includes death and any personal injury (including any disease or impairment of physical or mental condition);
“discrete waters” means inland waters so far as they comprise—
a lake, pond or reservoir which does not discharge to any other inland waters; or
one of a group of two or more lakes, ponds or reservoirs (whether near to or distant from each other) and of watercourses or mains connecting them, where none of the inland waters in the group discharges to any inland waters outside the group;
“disposal”—
in relation to land or any interest or right in or over land, includes the creation of such an interest or right and a disposal effected by means of the surrender or other termination of any such interest or right; and
in relation to sewage, includes treatment;
and cognate expressions shall be construed accordingly;
“drain” has, subject to subsection (2) below, the same meaning as in the Water Industry Act 1991;
“drainage” in the expression “drainage works” has the meaning given by section 113 above for the purposes of Part IV of this Act;
“drought order” means an ordinary drought order under subsection (1) of section 73 above or an emergency drought order under subsection (2) of that section;
“effluent” means any liquid, including particles of matter and other substances in suspension in the liquid;
“enactment” includes an enactment contained in this Act or in any Act passed after this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“engineering or building operations”, without prejudice to the generality of that expression, includes—
the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and
the installation, modification or removal of any machinery or apparatus;
“financial year” means the twelve months ending with 31st March;
“environmental permit” has the same meaning as in the Environmental Permitting Regulations;
“Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
“flood defence functions”, in relation to the appropriate agency, means—
its functions with respect to flood defence and land drainage by virtue of Part IV of this Act, the Land Drainage Act 1991 and section 6 of the 1995 Act;
those functions of the appropriate agency which were previously transferred to the Agency by section 2(1)(a)(iii) of the 1995 Act which were previously 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); ...
any other functions of the appropriate agency under any of the flood defence provisions of this Act;
its functions with respect to securing the drainage of land or the management of flood risk contained in regulations made under section 61 of the Water Act 2014; and
any other function of the appropriate agency under any provision of this Act or the 1995 Act so far as it relates to a function falling within paragraph (d);
“flood defence provisions”, in relation to this Act, means—
any of the following provisions of this Act, that is to say—
Part IV;
sections 133 to 141 (including Schedule 15), 143, ... 155, 165 to 167, 180, 193, 194 and paragraph 5 of Schedule 25;
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
...
any other provision of this Act or the 1995 Act so far as it relates to a provision falling within paragraph (a) or (b) above;
“flood risk management work provisions” means—
sections 159(1A), 160(1A), 165 and 166; and
any other provision of Part 7 so far as it relates to a provision falling within paragraph (a);
“harbour” has the same meaning for the purposes of the flood defence provisions of this Act as in section 313 of the Merchant Shipping Act 1995;
“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;
“highway” has the same meaning as in the Highways Act 1980;
“information” includes anything contained in any records, accounts, estimates or returns;
“inland waters” means the whole or any part of—
any river, stream or other watercourse (within the meaning of Chapter II of Part II of this Act), whether natural or artificial and whether tidal or not;
any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; and
so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition;
“joint planning board” has the same meaning as in the Town and Country Planning Act 1990;
“local authority” means the council of any county, county borough, district or London borough or the Common Council of the City of London;
“local statutory provision” means—
a provision of a local Act (including an Act confirming a provisional order);
a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;
a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or
a provision of any other instrument which is in the nature of a local enactment;
“main river” means a main river within the meaning of Part IV of this Act;
“the main river map for England” has the meaning given by section 193(2);
“the main river map for Wales” has the meaning given by section 194(2);
“micro-organism” includes any microscopic, biological entity which is capable of replication;
“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 Minister” means the Minister of Agriculture, Fisheries and Food;
“the Ministers” means the Secretary of State and the Minister;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
“mortgage” includes any charge or lien on any property for securing money or money’s worth, and “mortgagee” shall be construed accordingly;
“navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
“notice” means notice in writing;
“the NRBW” means the Natural Resources Body for Wales;
“owner”, in relation to any premises, means the person who—
is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; or
would receive the rack-rent if the premises were let at a rack-rent,
but for the purposes of Schedule 2 to this Act, Chapter II of Part II of this Act and the related water resources provisions does not include a mortgagee not in possession, and cognate expressions shall be construed accordingly;
“prescribed” means prescribed by regulations made by the Secretary of State or, in relation to regulations made by the Minister, by those regulations;
“public authority” means any Minister of the Crown or government department, the Agency, the NRBW, any local authority or any person certified by the Secretary of State to be a public authority for the purposes of this Act;
“public sewer” means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989, section 179 of or Schedule 2 to the Water Industry Act 1991 or otherwise;
“records” includes computer records and any other records kept otherwise than in a document;
“the related water resources provisions”, in relation to Chapter II of Part II of this Act, means—
the following provisions of this Act, that is to say, the provisions—
of sections 21 to 23 (including Schedule 5);
of sections 120, 125 to 130, 158, 189, 199 to 201, 206(3), 209(3), 211(1) and 216; and
of paragraph 1 of Schedule 25; and
the following provisions of the 1995 Act, that is to say, the provisions—
of sections 41 and 42 (charging schemes) as they have effect by virtue of subsection (1)(a) of section 41 (licences under Chapter II of Part II of this Act); and
of subsections (1) , (1A) and (2) of section 53 (inquiries and other hearings);
“sewage effluent” includes any effluent from the sewage disposal or sewerage works of a sewerage undertaker but does not include surface water;
“sewer” has, subject to subsection (2) below, the same meaning as in the Water Industry Act 1991;
“source of supply” means—
any inland waters except, without prejudice to subsection (3) below in its application to paragraph (b) of this definition, any which are discrete waters; or
any underground strata in which water is or at any time may be contained;
“street” has, subject to subsection (4) below, the same meaning as in Part III of the New Roads and Street Works 1991;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978;
“substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
“surface water” includes water from roofs;
“trade effluent” includes any effluent which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition any premises wholly or mainly used (whether for profit or not) for agricultural purposes or for the purposes of fish farming or for scientific research or experiment shall be deemed to be premises used for carrying on a trade;
“underground strata” means strata subjacent to the surface of any land;
“vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968;
“watercourse” includes (subject to sections 72(2) 113(1), 193(6) and 194(6) above) all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except mains and other pipes which—
belong to the Agency , the NRBW, or a water undertaker; or
are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises;
“water pollution provisions”, in relation to this Act, means the following provisions of this Act—
the provisions of Part III of this Act;
sections 161 to 161D, 190, 202, and 203 above; and
paragraph 4 of Schedule 25 to this Act and section 211 above so far as it relates to byelaws made under that paragraph.
and the following provisions of the 1995 Act, that is to say, the provisions of subsections (1) , (1A) and (2) of section 53.
(1A) 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.
(2) 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.
(3) 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—
(a) 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
(b) any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata,
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.
(4) 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—
(a) 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
(b) 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.
(5) 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.
(6) 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.
(7) For the purposes of this Act—
(a) 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
(b) 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.
(8) 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.
(9) 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.
(1) Subject to the provisions of this section, this Act binds the Crown.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) In this section—
“the appropriate authority” has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;
“the appropriate body” means—
in relation to any act or omission of the Crown in England, the Agency;
in relation to any act or omission of the Crown in Wales, the NRBW;
“Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
“Crown premises” means premises held by or on behalf of the Crown.
(10) 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.
(11) 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.
(1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.
(2) 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.
(3) An order under this section may—
(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(4) 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.
(1) This Act may be cited as the Water Resources Act 1991.
(2) This Act shall come into force on 1st December 1991.
(3) 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.
(4) Nothing in this Act, so far as it extends to Scotland, shall authorise the Agency to acquire any land in Scotland compulsorily.
Membership
1 (1) 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.
(2) A member may at any time by notice to the appropriate Minister resign his office.
(3) The appropriate Minister may remove a member if he is satisfied—
(a) that that member has been absent from meetings of the Authority for a period of more than three consecutive months without the permission of the Authority;
(b) that that member has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(c) that that member is unable or unfit to carry out the functions of a member.
Remuneration, pensions etc.
2 (1) The Authority shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the appropriate Minister.
(2) The Authority shall, if so required by the appropriate Minister—
(a) pay such pension, allowances or gratuities to or in respect of a person who has been or is a member; or
(b) make such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,
as may be determined by the appropriate Minister.
(3) 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.
(4) Without prejudice to the other provisions of this Schedule—
(a) the Authority may enter into a contract with any person under which, in consideration of payments made by the Authority by way of premium or otherwise, that person undertakes to pay to the Authority such sums as may be provided in the contract in the event of any member of the Authority or of any of its committees meeting with a personal accident, whether fatal or not, while he is engaged on the business of the Authority;
(b) any sum received by the Authority under any such contract shall, after deduction of any expenses incurred in the recovery of that sum, be paid by the Authority to, or to the personal representatives of, the person in respect of whose accident the sum is received;
and the provisions of the Life Assurance Act 1774 shall not apply to any such contract.
(5) The approval of the Treasury shall be required for the making of a determination under this paragraph.
Staff
3 (1) 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.
(2) 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.
(3) The Authority may—
(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its officers or employees as it may, with the approval of the Secretary of State, determine;
(b) make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;
(c) provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.
(4) 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.
(5) If any person—
(a) on ceasing to be an officer or employee of the Authority, becomes a member; and
(b) was by reference to his office or employment with the Authority a participant in a pension scheme maintained by the Authority for the benefit of any of its officers or employees,
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.
(6) Provision made by virtue of sub-paragraph (5) above shall be without prejudice to paragraph 2 above.
(7) The consent of the Treasury shall be required for the giving of an approval under this paragraph.
Proceedings of Authority
4 Subject to the following provisions of this Schedule and to section 106 of this Act, the Authority may regulate its own procedure (including quorum).
Delegation of powers
5 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—
(a) by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority; or
(b) by any committee or sub-committee of the Authority which has been so authorised.
Interests of members
6 (1) 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—
(a) the disclosure shall be recorded in the minutes of the meeting; and
(b) the member shall not take any part in any deliberation or decision of the Authority, or of any of its committees or sub-committees, with respect to that matter.
(2) 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—
(a) he is a member of a specified company or firm; and
(b) is to be regarded as interested in any matter involving that company or firm,
shall be regarded as a sufficient disclosure of his interest in relation to any such matter.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) In this paragraph references to a meeting of the Authority include references to a meeting of any of its committees or sub-committees.
Vacancies and defective appointments
7 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
8 (1) Minutes shall be kept of proceedings of the Authority, of its committees and of its sub-committees.
(2) 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.
(3) 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.
Application of seal and proof of instruments
9 (1) 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.
(2) 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.
Documents served etc. by or on the Authority
10 (1) 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.
(2) 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.
(3) 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.
Interpretation
11 In this Schedule—
“the appropriate Minister”, in relation to any person who is or has been a member, means the Minister or the Secretary of State, according to whether that person was appointed as a member by the Minister or the Secretary of State; and
“member” means any member of the Authority, including the chairman and the deputy chairman.
SCHEDULE 2 ORDERS AND AGREEMENTS FOR TRANFER OF OF NAVIGATION, HARBOUR AND CONSERVANCY FUNCTIONS
Section 2.
Powers to transfer functions or property
1 (1) 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.
(2) The power to make an order under this Schedule shall be exercisable by statutory instrument.
(3) 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.
(4) 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.
(5) 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
Consultation with affected body
2 (1) Before determining whether to make an order on an application under paragraph 1 above, the Ministers shall—
(a) consult whichever of the following is not the applicant, that is to say, the appropriate agency and the body from which any functions or property are proposed in the application to be transferred; and
(b) consider any representations made with respect to the application by the appropriate agency or, as the case may be, by any such body.
(2) Sub-paragraph (1) above shall not require the Ministers to consult, or consider representations from, any body which no longer has any members.
Public consultation
3 (1) 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) to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected; and
(b) to be served on—
(i) the appropriate agency;
(ii) any body (other than one no longer having any members) from which any functions or property are proposed to be transferred; and
(iii) any such navigation authority, harbour authority or conservancy authority not falling within paragraph (ii) above as appears to the Ministers to be affected by the proposals.
(2) A notice under sub-paragraph (1) above shall specify—
(a) the place where copies of the draft order, and of any map to which it refers, may be inspected and obtained; and
(b) the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made.
(3) Before making any order on an application under paragraph 1 above, the Ministers—
(a) shall consider any objections which may be duly made to the draft order; and
(b) may, if they think fit, cause a local inquiry to be held with respect to any such objections;
and, in making the order, the Ministers may make such modifications in the terms of the draft as appear to them desirable.
Supplemental provisions of order
4 (1) An order under this Schedule may contain such incidental, supplementary, consequential and transitional provisions as the Ministers consider necessary or expedient.
(2) 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—
(a) the transfer of assets and liabilities, the payment of compensation and other financial adjustments;
(b) the amendment, adaptation or repeal of local enactments; and
(c) the application, subject to such modifications as may be specified in the order, of provisions corresponding to those originally made by or under Part IX of the Water Resources Act 1963.
Objection to final order by affected bodies
5 (1) After making an order under this Schedule, the Ministers, if an objection—
(a) has been duly made by the appropriate agency or any other body on which notice is required to be served under paragraph 3 above; and
(b) has not been withdrawn,
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.
(2) 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.
(3) 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.
Public notice of order
6 (1) 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—
(a) stating that the order has been made; and
(b) naming a place where a copy of the order may be seen at all reasonable hours.
(2) In the case of an order to which sub-paragraph (1) of paragraph 5 above applies, a notice under sub-paragraph (1) above—
(a) shall not be published until the end of the period of twenty-eight days mentioned in sub-paragraph (2) of that paragraph; and
(b) shall state whether or not the order is to be subject to special parliamentary procedure.
Challenge of order
7 (1) Subject to sub-paragraph (3) below, if any person aggrieved by an order under this Schedule desires to question its validity on the ground—
(a) that it is not within the powers of this Schedule; or
(b) that any requirement of this Schedule has not been complied with in relation to the order,
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.
(2) Where an application under sub-paragraph (1) above is duly made to the High Court, that Court, if satisfied—
(a) that the order is not within the powers of this Schedule; or
(b) that the interests of the applicant have been substantially prejudiced by any requirements of this Schedule not having been complied with,
may quash the order either generally or in so far as it affects the applicant.
(3) The preceding provisions of this paragraph—
(a) shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945; and
(b) shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if, for the reference to the first publication of the notice required by paragraph 6 above, there were substituted a reference to the date on which the order becomes operative under that Act of 1945.
(4) 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.
Effect of order or agreement
8 (1) Where, by virtue of an order or agreement under this Schedule, property is transferred to the appropriate agency on the terms that—
(a) the body from which it is transferred shall continue liable for the repayment of, and payment of interest on, any sum borrowed in connection with the property; and
(b) the appropriate agency shall make payments to that body in respect of amounts paid by that body by reason of its continuing so liable,
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.
(2) 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).
(3) 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.
(4) Relief under sub-paragraph (3) must be claimed in a land transaction return or an amendment of such a return.
(5) In this paragraph—
“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
“land transaction return” has the meaning given by section 76(1) of that Act.
Ministers’ expenses
9 (1) 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.
(2) 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.
(3) 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.
Compensation for officers and staff
10 (1) 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—
(a) are, or but for any military or other designated service of theirs would be, the holders of any such situation, place or employment as may be prescribed; and
(b) suffer loss of employment, or loss or diminution of emoluments, in consequence of any order or agreement under this Schedule.
(2) 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.
(3) 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.
(4) 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.
Power to amend local enactments
11 (1) 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—
(a) is inconsistent with any of the provisions of that order; or
(b) requires to be amended or adapted, having regard to any of the provisions of that order,
those Ministers may by order repeal, amend or adapt that enactment to such extent, or in such manner, as they may consider appropriate.
(2) Any order under this paragraph may include such transitional, incidental, supplementary and consequential provisions as the Ministers may consider necessary or expedient.
(3) 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.
(4) 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.
(5) 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.
Interpretation
12 (1) In this Schedule “local enactment” means—
(a) a local or private Act;
(b) a public general Act relating to London;
(c) an order or scheme made under an Act, confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; or
(d) an enactment in a public general Act amending a local or private Act or any such order or scheme.
(2) 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.
Power to make order
1 (1) The relevant Minister may by order made by statutory instrument—
(a) alter the boundaries of the area of any regional flood defence committee; or
(b) provide for the amalgamation of any two or more such areas.
(2) 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.
(3) 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.
(4) 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—
(a) the total number of members of the amalgamated committee; and
(b) the total number of such members to be appointed by the constituent councils of that committee;
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.
(5) In this paragraph and the following paragraphs of this Schedule “the relevant Minister” —
(a) in relation to any alteration of the boundaries of an area where the whole or any part of that area is in Wales, means the Ministers;
(b) in relation to the amalgamation of any two or more areas where the whole or any part of any one of those areas is in Wales, means the Ministers; and
(c) in any other case, means the Minister.
Consultation and notice of intention to make order
2 (1) Before making an order under this Schedule, the relevant Minister shall—
(a) consult such persons or representative bodies as he considers it appropriate to consult at that stage;
(b) prepare a draft order;
(c) publish a notice complying with sub-paragraph (2) below in the London Gazette and in such other manner as he considers appropriate for bringing the draft order to the attention of persons likely to be affected by it if it is made.
(2) A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall—
(a) state the relevant Minister’s intention to make the order and its general effect;
(b) specify the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette; and
(c) state that any person may within that period by notice in writing to the relevant Minister object to the making of the order.
(3) 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.
Objections to draft order and making of order
3 (1) Before making an order under this Schedule, the relevant Minister—
(a) shall consider any representations or objections which are duly made with respect to the draft order and are not withdrawn; and
(b) may, if he thinks fit, cause a local inquiry to be held with respect to any such representations or objections.
(2) 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.
(3) 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.
Procedure for making of order
4 (1) 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—
(a) is a person on whom notice is required to have been served under paragraph 2(3) above; and
(b) has duly made an objection to the making of the order that has not been withdrawn.
(2) 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.
(3) If before an order takes effect under sub-paragraph (2) above—
(a) any person who has been served with a notice under sub-paragraph (1) above with respect to that order serves notice objecting to the order on the Minister (or, in the case of an order made jointly by the Ministers, on either of them); and
(b) the objection is not withdrawn,
the order shall be subject to special parliamentary procedure.
(4) 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.
Notice after making of order
5 (1) 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—
(a) stating that the order has been made; and
(b) naming the places where a copy of the order may be inspected at all reasonable times.
(2) In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice—
(a) shall not be published until the end of the period of twenty-eight days referred to in that sub-paragraph; and
(b) shall state whether or not the order is to be subject to special parliamentary procedure.
Questioning of order in courts
6 (1) Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground—
(a) that it is not within the powers of this Schedule; or
(b) that any requirement of this Schedule has not been complied with,
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.
(2) On an application under this paragraph the High Court, if satisfied—
(a) that the order is not within the powers of this Schedule; or
(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the requirements of this Schedule,
may quash the order either generally or in so far as it affects the applicant.
(3) Sub-paragraph (1) above—
(a) shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945; and
(b) shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if the reference to the date of the first publication of the notice required by paragraph 5 above were a reference to the date on which the order becomes operative under that Act of 1945.
(4) 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.