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
(other disqualifying offices)—

(a) the entry for a chairman of a local flood defence committee for any
5district in England and Wales is repealed;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
committee” there is substituted “Regional Flood and Coastal
Committee”.

10Land 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
Coastal Committees (within the meaning of section 22 of the Flood and
15Water 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) In subsection (1) (power of Environment Agency and Natural Resources
20Body 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
the regional flood defence committee)—

(a) 25for “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
Coastal Committee for that region”.

(4) 30Subsection (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committee which are not local flood defence districts) is repealed.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) In subsection (1) (charge to be at a uniform rate per hectare of chargeable
35land)—

(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
40district” 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) 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
5regions”.

8 (1) Section 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
10agriculture), 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
agriculture), for “the area of the regional flood defence committee” there is
15substituted “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
uniform amount), for “the regional flood defence committee for the area”
20there 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
committees” there is substituted “areas within such flood risk
25management 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
flood risk management region”;

(ii) 30for “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
paragraph (b), for “the area of a regional flood defence committee” there is
35substituted “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) At the appropriate place there is inserted—

• 40““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
Wales to carry out works for the purpose of providing a flood warning
45system) 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
substituted “the flood risk management regions adjacent to
Scotland”;

(b) 5in 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
  10of section 22 of the Flood and Water Management Act 2010;”.

13 In 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 15In Schedule 15 (supplemental provisions with respect to drainage charges),
in 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) 20in paragraph (a)(ii), for “the area of a regional flood defence
committee 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— 25“For the purposes of this paragraph “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.”

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

16 30In section 6 of the Environment Act 1995 (general provisions with respect to
water), 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”.

35Freedom 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
bodies and offices: general), for the entry for any regional flood defence
committee there is substituted—

• “Any Regional Flood and Coastal Committee.”

40Public 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
(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
45Coastal Committee”.

The 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
5“a Regional Flood and Coastal Committee”.

Section 77(5)

SCHEDULE 11 Orders under section 77: further provision

Introductory

1 (1) The provision that may be made by an order under section 77 (“a section 77
10order”) includes such provision as is mentioned in this Schedule.

(2) Nothing in this Schedule affects the generality of section 77.

New retail authorisations and the threshold requirement

2 (1) A section 77 order may make provision for the threshold requirement (see
section 17D of the Water Industry Act 1991) to have effect for a relevant
15period in relation to the supply of water to any premises, where the supply
to those premises is made in connection with the introduction of water into
the supply system of a water undertaker under a new wholesale
authorisation.

(2) Provision under sub-paragraph (1) may in particular include such
20modifications of Schedule 2A to the Water Industry Act 1991 (forms of
authorisations given by water supply licences) as appear to the Secretary of
State to be appropriate.

Modifications relating to new wholesale authorisations

3 (1) Where a section 77 order makes provision as regards new wholesale
25authorisations, that provision may include provision for provisions of the
Water Industry Act 1991 to have effect for a relevant period with such
modifications as appear to the Secretary of State to be appropriate.

(2) Provision under sub-paragraph (1) may include provision for applying old
provisions of the Water Industry Act 1991 with such modifications as appear
30to the Secretary of State to be appropriate.

(3) Provision under sub-paragraph (2) may in particular provide for the
application of provision in old section 66D(2) to (8) for the purpose of
determining—

(a) the period for which, and

(b) 35the terms and conditions on which,

a water undertaker’s duties under new section 66B or 66C are to be
performed.

(4) Provision under sub-paragraph (2) may in particular provide for the
application of provision in old section 66E for the purpose of determining

charges payable in respect of the performance of a water undertaker’s duties
under new section 66B or 66C.

(5) Provision under sub-paragraph (1) may in particular make provision about
the interpretation of references to a water undertaker’s supply system,
5including in particular provision for such references to be treated as
references to the supply system of a water undertaker as it is described in old
section 17B.

(6) Provision under sub-paragraph (1) may provide for modifications to have
effect for different relevant periods.

(7) 10Provision under sub-paragraph (1) may make provision—

(a) in relation to new wholesale authorisations that authorise the
introduction of water into the supply system of a water undertaker
whose area is wholly or mainly in England,

(b) in relation to new wholesale authorisations that authorise the
15introduction of water into the supply system of a water undertaker
whose area is wholly or mainly in Wales, or

(c) in relation to new wholesale authorisations that authorise the
introduction of water into the supply system of any water
undertaker.

(8) 20Before making provision falling within sub-paragraph (7)(b) or (c), the
Secretary of State must consult the Welsh Ministers.

Modifications relating to new supplementary authorisations

4 (1) Where a section 77 order makes provision as regards new supplementary
authorisations, that provision may include provision for provisions of the
25Water Industry Act 1991 to have effect for a relevant period with such
modifications as appear to the Secretary of State to be appropriate.

(2) Provision under sub-paragraph (1) may include provision for applying old
provisions of the Water Industry Act 1991 with such modifications as appear
to the Secretary of State to be appropriate.

(3) 30Provision under sub-paragraph (2) may in particular provide for the
application of provision in old section 66D(2) to (8) for the purpose of
determining—

(a) the period for which, and

(b) the terms and conditions on which,

35a water undertaker’s duties under new section 66B or 66C are to be
performed.

(4) Provision under sub-paragraph (2) may in particular provide for the
application of provision in old section 66E for the purpose of determining
charges payable in respect of the performance of a water undertaker’s duties
40under new section 66B or 66C.

(5) Provision under sub-paragraph (1) may provide for modifications to have
effect for different relevant periods.

(6) Before making provision under this paragraph, the Secretary of State must
consult the Welsh Ministers.

Old section 66D agreements and new water supply licences

5 (1) A section 77 order may include provision for securing that an old section
66D agreement continues to have effect in a case where the person who
entered into the agreement as the holder of an old water supply licence is
5granted a new water supply licence.

(2) Provision under sub-paragraph (1) may provide for the modification of the
agreement and may in particular include—

(a) provision for treating a reference in the agreement to the old water
supply licence as reference to the new water supply licence;

(b) 10provision for treating a reference in the agreement to an
authorisation given under the old licence as a reference to an
authorisation or authorisations given under the new licence;

(c) provision for the Water Services Regulation Authority to vary the
agreement by order, on application by a party to the agreement.

(3) 15Before making provision under this paragraph in relation to old section 66D
agreements to which a water undertaker whose area is wholly or mainly in
Wales is party, the Secretary of State must consult the Welsh Ministers.

New section 66E and old section 66D agreements

6 (1) A section 77 order may provide for new section 66E (rules about charges that
20may be imposed under a section 66D agreement) to have effect for a relevant
period as regards—

(a) charges payable under old section 66D agreements, or

(b) specified descriptions of charges payable under old section 66D
agreements.

(2) 25Provision under sub-paragraph (1) may include provision for making such
modifications of—

(a) new sections 66E to 66ED, and

(b) old sections 66A to 66D and 66F,

as appear to the Secretary of State to be appropriate.

(3) 30Provision under sub-paragraph (1) may provide for the modification of old
section 66D agreements and may in particular include provision for the
Water Services Regulation Authority to vary the agreement by order, on
application by a party to the agreement.

(4) Before making provision under this paragraph in relation to the supply of
35water using the supply system of a water undertaker whose area is wholly
or mainly in Wales, the Secretary of State must consult the Welsh Ministers.

Interpretation

7 (1) In this Schedule—

• “new restricted retail authorisation” means a restricted retail
  40authorisation given by a new water supply licence;

• “new retail authorisation” means a retail authorisation given by a new
  water supply licence;

• “new supplementary authorisation” means a supplementary
  authorisation given by a new water supply licence;

Water BillPage 226

• “new water supply licence” means a water supply licence granted
  under new section 17A;

• “new wholesale authorisation” means a wholesale authorisation given
  by a new water supply licence;

• 5“old section 66D agreement” means such agreement or determination
  as is mentioned in old section 66D(3);

• “old water supply licence” means a water supply licence granted under
  old section 17A.

(2) In this Schedule “relevant period” means—

(a) 10a period specified in or determined in accordance with a section 77
order, or

(b) a period that—

(i) begins at a time specified in or determined in accordance
with a section 77 order, and

(ii) 15ends at such time as the Secretary of State may specify by
order.

(3) Before making provision under sub-paragraph (2)(a) or (b)(i) or making an
order under sub-paragraph (2)(b)(ii) that affects provision to which
paragraph 3(8), 4(6) or 6(4) applies, the Secretary of State must consult the
20Welsh Ministers.

(4) In this Schedule a reference to an old provision is a reference to a provision
of the Water Industry Act 1991 as it has effect before the coming into force of
an amendment or repeal of that provision made by this Act.

(5) In this Schedule a reference to a new provision is a reference to—

(a) 25a provision of the Water Industry Act 1991 after an amendment of
that provision made by this Act has come into force, or

(b) a provision of the Water Industry Act 1991 inserted by this Act.

Section 80(5)

SCHEDULE 12 Commencement orders: appropriate authority

1 30In 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
in 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).