Water Bill (HC Bill 146)

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
committees” there is substituted “the regions of the Regional Flood and
5Coastal 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) Section 134 (raising of general drainage charges) is amended as follows.

(2) 10In 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) In subsection (2) (power under subsection (1) subject to recommendation of
15the 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
district is situated” there is substituted “the Regional Flood and
20Coastal 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committee which are not local flood defence districts) is repealed.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
as follows.

(2) 25In subsection (1) (charge to be at a uniform rate per hectare of chargeable
land)—

(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) 30In subsection (3) (calculation), in paragraph (b), for “the local flood defence
district” 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) 35in the words following paragraph (b)—

(i) for “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) 40Section 137 (special drainage charges in the interests of agriculture) is
amended 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) In subsection (3) (power of Environment Agency and Natural Resources
Body for Wales to devise scheme for drainage works in the interests of
5agriculture), 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
follows.

(2) In subsection (3) (regional flood defence committee to determine the
10uniform 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) In subsection (5) (provision that may be made by a single order)—

(a) in paragraph (b), for “such areas of regional flood defence
15committees” there is substituted “areas within such flood risk
management regions”;

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

(i) for “more than one area of a regional flood defence
committee” there is substituted “areas within more than one
20flood risk management region”;

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

10 In section 143(1) (power of Environment Agency and Natural Resources
Body for Wales to levy navigation tolls in certain navigable waters), in
25paragraph (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) In the definition of “chargeable land”, for “the area of a regional flood
defence committee” there is substituted “a flood risk management region”.

(3) 30At the appropriate place there is inserted—

• ““flood risk management region” means the region of a
  Regional Flood and Coastal Committee, within the meaning
  of section 22 of the Flood and Water Management Act 2010;”.

12 (1) Section 166 (power of Environment Agency and Natural Resources Body for
35Wales 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
committees whose areas are adjacent to Scotland” there is
40substituted “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) In subsection (4) (interpretation), at the appropriate place there is inserted—

• ““flood risk management region” means the region of a
  Regional Flood and Coastal Committee, within the meaning
  of section 22 of the Flood and Water Management Act 2010;”.

13 5In section 221(1) (interpretation of terms in the Act), in the definition of
“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),
10in paragraph 3(1)(a), for “the local flood defence district” there is substituted
“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
15committee the whole or the greater part of whose area is in England”
there 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
20management region” means the region of a Regional Flood
and Coastal Committee, within the meaning of section 22
of the Flood and Water Management Act 2010.”

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

16 In section 6 of the Environment Act 1995 (general provisions with respect to
25water), in subsection (5) (flood defence functions to extend to the territorial
sea), 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 30In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general), for the entry for any regional flood defence
committee there is substituted—

• “Any Regional Flood and Coastal Committee.”

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

18 35In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005
(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”.

40The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672S.I. 1999/672)

19 In 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”.

Section 80(5)

SCHEDULE 11 Commencement orders: appropriate authority

1 In relation to the sections and Schedules listed in the first column of this
table, the appropriate authority for the purposes of section 80(3) is as listed
5in the second column (see paragraph 3 as regards interpretation of terms
used in the table)—

2 A statutory instrument containing an order to be made by the Welsh
5Ministers under section 80(3) in relation to section 5 and Schedule 5 may not
be made unless a draft has been laid before and approved by a resolution of
the National Assembly for Wales.

3 In the table in paragraph 1—

(a) “wholly or mainly English water undertakers” means water
10undertakers whose areas are wholly or mainly in England;

(b) “wholly or mainly English sewerage undertakers” means sewerage
undertakers whose areas are wholly or mainly in England;

(c) “wholly or mainly English undertakers” means undertakers falling
within paragraph (a) or (b);

(d) 15“wholly or mainly English water supply licensees” means water
supply licensees using the supply systems of water undertakers
whose areas are wholly or mainly in England;

(e) “wholly or mainly English sewerage licensees” means sewerage
licensees using the sewerage systems of sewerage undertakers
20whose areas are wholly or mainly in England;

(f) “wholly or mainly English licensees” means licensees falling within
paragraph (d) or (e);

(g) “wholly or mainly Welsh water undertakers” means water
undertakers whose areas are wholly or mainly in Wales;

(h) 25“wholly or mainly Welsh sewerage undertakers” means sewerage
undertakers whose areas are wholly or mainly in Wales;

(i) “wholly or mainly Welsh undertakers” means undertakers falling
within paragraph (g) or (h);

(j) “wholly or mainly Welsh water supply licensees” means water
30supply licensees using the supply systems of water undertakers
whose areas are wholly or mainly in Wales;

(k) “wholly or mainly Welsh sewerage licensees” means sewerage
licensees using the sewerage systems of sewerage undertakers
whose areas are wholly or mainly in Wales;

(l) 35“wholly or mainly Welsh licensees” means licensees falling within
paragraph (j) or (k).

4 In paragraph 3—

(a) references to water undertakers’ supply systems are to be construed
in accordance with section 17B of the Water Industry Act 1991 (as
40amended by section 2 of this Act);

(b) references to sewerage undertakers’ sewerage systems are to be
construed in accordance with section 17BA(7) of the Water Industry
Act 1991 (as inserted by section 4 of this Act).