Water Bill (HL Bill 71)

may not be exercised after the end of the period of two years beginning with
the day on which the provision in question comes into force.

(6) References in subsections (1) to (5) to provision made by or under this Part are
to be treated, where particular provision made by or under this Part comes into
5force on a particular day for a particular purpose, as references to so much of
such provision as comes into force on a particular day.

(7) References in this section to provision made by or under this Part include
references to provision made under section 76 or 77 in connection with this
Part.

(8) 10The Minister may give directions to the Authority for the purpose of securing
that—

(a) the conditions of appointment of a water or sewerage undertaker are
modified under this section;

(b) the conditions of a licence under Chapter 1A of Part 2 of the Water
15Industry Act 1991 are modified under this section.

(9) The Minister may direct the Authority not to make a modification that it
proposes to make under this section.

(10) The Authority must comply with a direction under subsection (8) or (9).

(11) In this section “the Minister” means—

(a) 20the Secretary of State, in relation to—

(i) a water or sewerage undertaker whose area is wholly or mainly
in England;

(ii) a person who holds a licence under Chapter 1A of Part 2 of the
Water Industry Act 1991;

(b) 25the Welsh Ministers, in relation to a water or sewerage undertaker
whose area is wholly or mainly in Wales.

44 Further amendments

Schedule 7 (which contains further amendments) has effect.

Part 2 30Water resources

45 Withdrawal of compensation for undertakers

(1) The Water Resources Act 1991 is amended as follows.

(2) In section 61 (compensation where licence modified on direction of the
Secretary of State or Welsh Ministers), in subsection (1), after “Where a licence”
35there is inserted “held by a person other than a water undertaker or sewerage
undertaker”.

(3) Section 61A (recovery of compensation from new licence-holder) is repealed.

46 Main rivers in England and Wales

(1) The Water Resources Act 1991 is amended as follows.

(2) 40For sections 193 and 194 (maintenance, inspection and amendment of main

river maps for areas in England and Wales) there is substituted—

“Main river map for England

193 The main river map for England

(1) The Agency must keep the main river map for England.

(2) 5For the purposes of this Act the main river map for England is a record
of areas in England which—

(a) shows the extent to which any watercourse or part of a
watercourse is to be treated as a main river or as part of a main
river for the purposes of this Act, and

(b) 10indicates which (if any) of those watercourses are watercourses
designated in a scheme made under section 137.

(3) The map is conclusive as to the extent to which a watercourse in
England is to be treated as a main river or as part of a main river for the
purposes of this Act.

(4) 15The map must specify the date on which it takes effect.

(5) The Agency must keep the map in electronic form.

(6) In this section and sections 193A to 193E “watercourse” has the same
meaning as in Part 4 of this Act.

193A Inspection and copies

(1) 20The Agency must provide reasonable facilities for inspecting the main
river map for England in electronic form.

(2) The Agency 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) 25The Agency 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 Agency to have
requested a copy or data for commercial purposes, represent a
reasonable usage fee, and

(b) 30in any other case, may not exceed the reasonable costs of
providing the copy or data.

(4) The Agency must on request provide a body mentioned in the first
column of the following table with a hard copy of, or data comprising,
such part of the main river map for England as is described in the
35second column of the entry for that body.

(5) 10The Documentary Evidence Act 1868 has effect as if—

(a) the Agency were mentioned in the first column of the Schedule
to that Act;

(b) any member of the staff of the Agency authorised to act on
behalf of the Agency were specified in the second column of the
15Schedule to that Act in connection with the Agency;

(c) the regulation referred to in that Act included the main river
map for England kept by the Agency;

(d) references to a copy included references to a print-out of
information kept in electronic form.

193B 20Replacing the main river map for England

(1) The Agency may at any time replace the existing main river map for
England for the purpose of including—

(a) a change which, pursuant to section 193(2)(b), is required by the
making, amendment or revocation of a scheme under section
25137,

(b) a change to give effect to a determination under section 193C, or

(c) a change directed by the Secretary of State under section
193D(5) (following an appeal against a determination).

(2) A replacement map may not include other changes.

(3) 30A replacement map must specify the date on which it takes effect.

193C Determinations as to main rivers

(1) Subject to the following provisions of this section, the Agency may
determine that—

(a) such watercourse or part of a watercourse in England as is
35specified 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 England as is
specified in the determination (not being a watercourse
designated in a scheme made under section 137) is no longer to
40be 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 Agency must—

(a) publish (in such manner as it considers appropriate) the
45determination it proposes to make, and

(b) consider representations made within the time and in the
manner specified by the Agency when publishing the
determination.

(3) The Agency must consult the NRBW before making a determination
5under subsection (1)—

(a) which affects a watercourse part of which is in England and part
of which is in Wales, and

(b) in which it seems to the Agency that the NRBW has an interest.

(4) Having taken such steps as are required by subsections (2) and (3), the
10Agency 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 Agency must publish (in such manner as it considers
15appropriate)—

(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) 20The 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 Agency must also inform those persons affected by the proposal
who made representations in accordance with subsection (2)(b)
25containing an objection to the proposal as to the matters referred to in
subsection (5).

193D Appeals

(1) A person aggrieved by a determination under section 193C may appeal
to the Secretary of State.

(2) 30An appeal must be made before the end of a period of six weeks
beginning with the day on which the matters referred to in section
193C(5) are published.

(3) Where an appeal is made against a determination, a replacement map
under section 193B may not include a change to give effect to the
35determination except as specified in this section.

(4) The Secretary of State may appoint a person to make a report to assist
the Secretary of State in determining the appeal.

(5) If the Secretary of State allows the appeal in whole or in part, the
Secretary of State may by direction to the Agency—

(a) 40specify a change to be included in a replacement map under
section 193B, and

(b) specify the date on which that change is to take effect.

(6) If the Secretary of State dismisses the appeal, the Agency may include
a change to give effect to its determination in a replacement map, the
45replacement map to have effect on such date as the Secretary of State
may direct.

(7) The Secretary of State may direct the Agency to publish the Secretary of
State’s decision in such manner as the direction may specify.

193E Guidance

(1) The Secretary of State may from time to time issue guidance to the
5Agency about the exercise of its functions under sections 193 to 193D.

(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) 10what kind of publication is appropriate under section 193C(2)
and (5).

(3) The Agency must have regard to the guidance in carrying out its
functions under sections 193 to 193D.

Main river map for Wales

194 15The main river map for Wales

(1) The NRBW must keep the main river map for Wales.

(2) For the purposes of this Act the main river map for Wales is a record of
areas in Wales which—

(a) shows the extent to which any watercourse or part of a
20watercourse is to be treated as a main river or as part of a main
river for the purposes of this Act, and

(b) indicates which (if any) of those watercourses are watercourses
designated in a scheme made under section 137.

(3) The map is conclusive as to the extent to which a watercourse in Wales
25is to be treated as a main river or as part of a main river for the purposes
of this Act.

(4) The map must specify the date on which it takes effect.

(5) The NRBW must keep the map in electronic form.

(6) In this section and sections 194A to 194E “watercourse” has the same
30meaning as in Part 4 of this Act.

194A Inspection and copies

(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) 35a 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
40requested a copy or data for commercial purposes, represent a
reasonable usage fee, and