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(b) for such guidance to include guidance sanctioning reliance by a
regulator on any arrangements referred to in the guidance to operate
to secure a particular result as an alternative to imposing a condition.

Charging schemes

36 5The regulations may—

(a) require any such scheme as is mentioned in paragraph 11 or 12 to be
so framed that the fees and charges payable under the scheme are
sufficient, taking one year with another, to cover such expenditure
(whether or not incurred by the regulator or other person to whom
10they are so payable) as is specified;

(b) authorise any such scheme to make different provision for different
cases (and specify particular kinds of such cases).

Offences

37 (1) The regulations may provide for any such offence as is mentioned in
15paragraph 26 to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(2) The regulations may provide for any such offence to be punishable on
summary conviction with—

(a) 20imprisonment for a term not exceeding such period as is specified in
the regulations (which may not exceed the normal maximum term),
or

(b) a fine not exceeding such amount as is so specified (which may not
exceed £20,000),

25or both.

(3) The “normal maximum term” means—

(a) in relation to England and Wales—

(i) in the case of an offence triable only summarily, 51 weeks,
and

(ii) 30in the case of an offence triable either summarily or on
indictment, twelve months;

(b) in relation to Scotland—

(i) in the case of an offence triable only summarily, 6 months,
and

(ii) 35in the case of an offence triable either summarily or on
indictment, twelve months.

(4) Regulations that—

(a) are made before the date on which section 281(5) of the Criminal
Justice Act 2003 comes into force, and

(b) 40in relation to England and Wales, make provision for a summary
offence to be punishable with a term of imprisonment exceeding six
months,

must provide that, where the offence is committed before that date, it is
punishable with imprisonment for a term not exceeding six months.

(5) 45Regulations that—

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(a) are made before the date on which section 154(1) of the Criminal
Justice Act 2003 comes into force, and

(b) in relation to England and Wales, make provision for an offence
triable either summarily or on indictment to be punishable on
5summary conviction with a term of imprisonment exceeding six
months,

must provide that, where the offence is committed before that date, it is
punishable on summary conviction with imprisonment for a term not
exceeding six months.

(6) 10The regulations may provide for such an offence to be punishable on
indictment with—

(a) imprisonment for a term not exceeding such period as is specified
(which may not exceed two years), or

(b) a fine,

15or both.

Restrictions on Crown application

38 (1) To the extent that the regulations bind the Crown (by virtue of provision
made under paragraph 31), they are subject to the following restrictions.

(2) No contravention of any provision of the regulations may make the Crown
20criminally liable; but the regulations may provide that the High Court may,
on the application of a regulator, declare unlawful any act or omission of the
Crown which constitutes such a contravention.

(3) Sub-paragraph (2) does not affect the criminal liability of persons in the
service of the Crown.

(4) 25The regulations must provide that if the Secretary of State certifies that it
appears to him, as respects any Crown premises and any relevant powers of
entry, 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) 30Subject to sub-paragraph (6), where a power is conferred in relation to land
by any provision of the regulations, the regulations must provide that—

(a) that power is to be exercisable in relation to any land in which there
is a Crown or Duchy interest only with the consent of the appropriate
authority, and

(b) 35that a consent for such purposes may be given on such financial and
other conditions as the appropriate authority giving the consent may
consider appropriate.

(6) But provision contained in the regulations in accordance with sub-
paragraph (5) is not to require any consent to be given for the exercise of any
40power in relation to any land in which there is a Crown or Duchy interest to
the extent that that power would be so exercisable apart from provision in
the regulations made by virtue of paragraph 31.

(7) In this paragraph—

Section 50

SCHEDULE 9 10Publication requirements under the Land Drainage Act 1991

1 The Land Drainage Act 1991 is amended as follows.

2 (1) Section 2 (review of boundaries of internal drainage districts) is amended as
follows.

(2) In subsection (2)(b), the words “, in one or more newspapers circulating in
15the internal drainage district,” are repealed.

(3) After subsection (2) there is inserted—

(2A) Where the internal drainage district is wholly or partly in Wales the
duty under subsection (2)(b) to publish a notice is a duty to publish
the notice in one or more newspapers circulating in that district.

3 (1) 20Section 3 (schemes for reorganisation of internal drainage districts etc) is
amended as follows.

(2) In subsection (4)(b), the words “in one or more newspapers circulating in the
area affected by the scheme” are repealed.

(3) After subsection (4) there is inserted—

(4A) 25Where the area affected by the scheme is wholly or partly in Wales
the duty under subsection (4)(b) to publish a notice is a duty to
publish the notice in one or more newspapers circulating in that
area.

4 (1) Section 38 (orders subdividing a district for the purposes of raising
30expenses) is amended as follows.

(2) In subsection (5)(b), the words “, in one or more newspapers circulating in
that district,” are repealed.

(3) After subsection (6) there is inserted—

(6A) Where an order is made under this section by the drainage board for
35an internal drainage district that is wholly or partly in Wales, the
duty under subsection (5)(b) to publish a notice is a duty to publish
the notice in one or more newspapers circulating in that district.

5 (1) Section 39 (petition for subdivision of internal drainage district) is amended
as follows.

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(2) In subsection (4)(b), the words “in one or more newspapers circulating in
that district” are repealed.

(3) After subsection (5) there is inserted—

(5A) Where a petition is received by the drainage board for an internal
5drainage district that is wholly or partly in Wales, the duty under
subsection (4)(b) to publish a notice is a duty to publish the notice in
one or more newspapers circulating in that district.

6 (1) Section 48 (procedure for making of rate) is amended as follows.

(2) In subsection (3)(b), for “in one or more newspapers circulating in that
10district” there is substituted “in some other way”.

(3) After subsection (3) insert—

(3A) Where the rate is made by the drainage board for an internal
drainage district that is wholly or partly in Wales, the reference in
subsection (3)(b) to publishing the notice in some other way is to be
15read as a reference to publishing it in one or more newspapers
circulating in that district.

7 (1) Section 58 (allocation of appropriate agency revenue for its functions as an
internal drainage board) is amended as follows.

(2) In subsection (3), the words “in one or more newspapers circulating in the
20internal drainage district in question” are repealed.

(3) After subsection (3) there is inserted—

(3A) Where the internal drainage district in question is wholly or partly in
Wales, the duty under subsection (3) to publish a resolution is a duty
to publish the resolution in one or more newspapers circulating in
25that district.

8 (1) Paragraph 1 of Schedule 5 (byelaws: publicity for application and
confirmation) is amended as follows.

(2) In sub-paragraph (1), in paragraph (a), the words from “in the London
Gazette” to the end are repealed.

(3) 30After sub-paragraph (1) insert—

(1A) Where the relevant drainage board’s district is wholly or partly in
Wales, the duty under sub-paragraph (1)(a) to cause a notice to be
published is a duty to cause the notice to be published in the
London Gazette and in such other manner as the board think best
35adapted for informing persons affected by it.

Section 51

SCHEDULE 10 Amendments relating to Regional Flood and Coastal Committees

Public Bodies (Admission to Meetings) Act 1960 (c. 67)Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
40(bodies to which the Act applies), in paragraph 1(i), for “regional and local

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flood defence committees” there is substituted “Regional Flood and Coastal
Committees”.

Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

2 In section 25 of the Local Government Act 1974 (authorities subject to
5investigation by the Commission for Local Administration in England), in
subsection (1)(d), for “any regional flood defence committee” there is
substituted “any Regional Flood and Coastal Committee”.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

3 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
10(other disqualifying offices)—

(a) the entry for a chairman of a local flood defence committee for any
district in England and Wales is repealed;

(b) in the entry for a chairman of a regional flood defence committee for
any area of England and Wales, for “regional flood defence
15committee” there is substituted “Regional Flood and Coastal
Committee”.

Land Drainage Act 1991 (c. 59)Land Drainage Act 1991 (c. 59)

4 In section 1 of the Land Drainage Act 1991 (internal drainage districts and
boards), in subsection (1)(a), for “the areas of the regional flood defence
20committees” there is substituted “the regions of the Regional Flood and
Coastal Committees (within the meaning of section 22 of the Flood and
Water Management Act 2010)”.

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

5 The Water Resources Act 1991 is amended as follows.

6 (1) 25Section 134 (raising of general drainage charges) is amended as follows.

(2) In subsection (1) (power of Environment Agency and Natural Resources
Body for Wales to raise charge per hectare of chargeable land in a local flood
defence district), for “a local flood defence district” there is substituted “a
flood risk management region”.

(3) 30In subsection (2) (power under subsection (1) subject to recommendation of
the regional flood defence committee)—

(a) for “any local flood defence district” there is substituted “any flood
risk management region”;

(b) for “the regional flood defence committee for the area in which that
35district is situated” there is substituted “the Regional Flood and
Coastal Committee for that region”.

(4) Subsection (3) (treatment of the parts of an area of a regional flood defence
committee which are not local flood defence districts) is repealed.

7 (1) Section 135 (amount, assessment etc of general drainage charge) is amended
40as follows.

(2) In subsection (1) (charge to be at a uniform rate per hectare of chargeable
land)—

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(a) for “a local flood defence district” there is substituted “a flood risk
management region”;

(b) for “that district” there is substituted “that region”.

(3) In subsection (3) (calculation), in paragraph (b), for “the local flood defence
5district” there is substituted “the flood risk management region”.

(4) In subsection (4) (provision that may be made by a single order)—

(a) in paragraph (b), for “one or more local flood defence districts” there
is substituted “one or more flood risk management regions”;

(b) in the words following paragraph (b)—

(i) 10for “more than one local flood defence district” there is
substituted “more than one flood risk management region”;

(ii) for “districts” there is substituted “flood risk management
regions”.

8 (1) Section 137 (special drainage charges in the interests of agriculture) is
15amended as follows.

(2) In subsection (1) (power of Environment Agency and Natural Resources
Body for Wales to devise scheme for drainage works in the interests of
agriculture), for “the area of any regional flood defence committee” there is
substituted “any flood risk management region”.

(3) 20In subsection (3) (power of Environment Agency and Natural Resources
Body for Wales to devise scheme for drainage works in the interests of
agriculture), for “the area of the regional flood defence committee” there is
substituted “the flood risk management region”.

9 (1) Section 138 (levying and amount of special drainage charge) is amended as
25follows.

(2) In subsection (3) (regional flood defence committee to determine the
uniform amount), for “the regional flood defence committee for the area”
there is substituted “the Regional Flood and Coastal Committee for the flood
risk management region within which is the area”.

(3) 30In subsection (5) (provision that may be made by a single order)—

(a) in paragraph (b), for “such areas of regional flood defence
committees” there is substituted “areas within such flood risk
management regions”;

(b) in the words following paragraph (c)—

(i) 35for “more than one area of a regional flood defence
committee” there is substituted “areas within more than one
flood risk management region”;

(ii) for “different areas” there is substituted “different flood risk
management regions”.

10 40In section 143(1) (power of Environment Agency and Natural Resources
Body for Wales to levy navigation tolls in certain navigable waters), in
paragraph (b), for “the area of a regional flood defence committee” there is
substituted “a flood risk management region”.

11 (1) Section 145 (interpretation of Chapter 2 of Part 6) is amended as follows.

(2) 45In the definition of “chargeable land”, for “the area of a regional flood
defence committee” there is substituted “a flood risk management region”.

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(3) At the appropriate place there is inserted—

12 (1) 5Section 166 (power of Environment Agency and Natural Resources Body for
Wales to carry out works for the purpose of providing a flood warning
system) is amended as follows.

(2) In subsection (3) (exercise of powers in Scotland)—

(a) in paragraph (a), for “the areas of the regional flood defence
10committees whose areas are adjacent to Scotland” there is
substituted “the flood risk management regions adjacent to
Scotland”;

(b) in paragraph (b), for “the areas of each of those committees” there is
substituted “those flood risk management regions”.

(3) 15In subsection (4) (interpretation), at the appropriate place there is inserted—

13 In section 221(1) (interpretation of terms in the Act), in the definition of
20“flood defence provisions”, in paragraph (b)—

(a) after sub-paragraph (i) there is inserted “and”;

(b) sub-paragraph (iii) and the “and” following it are repealed.

14 In Schedule 15 (supplemental provisions with respect to drainage charges),
in paragraph 3(1)(a), for “the local flood defence district” there is substituted
25“the flood risk management region”.

15 In Schedule 26 (procedure relating to bye-laws made by the Environment
Agency), in paragraph 7 (meaning of “the relevant Minister”)—

(a) in paragraph (a)(ii), for “the area of a regional flood defence
committee the whole or the greater part of whose area is in England”
30there is substituted “a flood risk management region the whole or the
greater part of which is in England”;

(b) after paragraph (c) there is inserted— For the purposes of this paragraph “flood risk
management region” means the region of a Regional Flood
35and Coastal Committee, within the meaning of section 22
of the Flood and Water Management Act 2010.

Environment Act 1995 (c. 25)Environment Act 1995 (c. 25)

16 In section 6 of the Environment Act 1995 (general provisions with respect to
water), in subsection (5) (flood defence functions to extend to the territorial
40sea), in paragraph (a), for “the area of any regional flood defence committee”
there is substituted “the region of any Regional Flood and Coastal
Committee”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

17 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
45bodies and offices: general), for the entry for any regional flood defence

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committee there is substituted—

Public Services Ombudsman (Wales) Act 2005 (c. 10)Public Services Ombudsman (Wales) Act 2005 (c. 10)

18 In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005
5(authorities entitled to refer matters to ombudsman), in the entry for a
regional flood defence committee for an area wholly or partly in Wales, for
“regional flood defence committee” there is substituted “Regional Flood and
Coastal Committee”.

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672S.I. 1999/672)

19 10In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999, in the entry relating to the Local Government Act 1974, in
paragraph (c), for “a regional flood defence committee” there is substituted
“a Regional Flood and Coastal Committee”.

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