Water Bill (HL Bill 88)

(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 The main river map for Wales

(1) 5The 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
watercourse is to be treated as a main river or as part of a main
10river 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
is to be treated as a main river or as part of a main river for the purposes
15of 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
meaning as in Part 4 of this Act.

194A 20Inspection 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) a hard copy of all or part of the map, or

(b) 25data 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
30reasonable 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,
35such part of the main river map for Wales as is described in the second
column of the entry for that body.

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

(a) 15the 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) 20the 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.

194B Replacing the main river map for Wales

(1) 25The 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) 30a 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.

194C 35Determinations as to main rivers

(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
40of 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
45a 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) 5consider 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) 10which 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) 15decide 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) 20that 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
25a 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
30subsection (5).

194D Appeals

(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
35beginning 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) 40The 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
45section 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) 5The Welsh Ministers may direct the NRBW to publish their decision in
such manner as the direction may specify.

194E Guidance

(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) 10The 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)
15and (5).

(3) The NRBW must have regard to the guidance in carrying out its
functions under sections 194 to 194D.”

(3) In section 113 (interpretation of Part 4), in subsection (1), in the definition of
“main river”, for “a main river map” there is substituted “the main river map
20for England or the main river map for Wales”.

(4) In section 221 (interpretation of the Act), in subsection (1)—

(a) for the definition of “main river map” there is substituted—

• ““the main river map for England” has the meaning given
  by section 193(2);

• 25“the main river map for Wales” has the meaning given by
  section 194(2);”;

(b) in the definition of “watercourse”, for “and 113(1)” there is substituted
“113(1), 193(6) and 194(6)”.

47 Maps of waterworks

(1) 30Section 195 of the Water Resources Act 1991 (duty of appropriate agency to
keep records of location of waterworks) is repealed.

(2) In Schedule 23 to that Act (mineral rights), in paragraph 7(2) (structures and
underground works which comprise appropriate agency's undertaking), for
paragraph (b) there is substituted—

“(b) 35any resource mains, discharge pipes or other underground
works which are for the time being vested in the appropriate
agency.”

Part 3 Environmental regulation

48 Regulation of the water environment

(1) The Minister may by regulations make provision for any of the purposes listed
5in Part 1 of Schedule 8; and Part 2 of that Schedule has effect for supplementing
Part 1.

(2) Except as provided in Schedule 8, any provision so made is to be provision for
or in connection with—

(a) regulating the use of water resources,

(b) 10securing the drainage of land or the management of flood risk, or

(c) safeguarding the movement of fish through regulated waters.

(3) In making regulations under this section, the Minister is to have regard to the
desirability of reducing burdens by ensuring that so far as is reasonably
practicable any system established by regulations under this section is
15combined with, or is consistent with, systems for regulating activities or other
matters that cause pollution.

(4) Regulations under this section may—

(a) contain such consequential, incidental, supplementary, transitional or
saving provisions (including provisions amending, repealing or
20revoking enactments) as the Minister considers appropriate, and

(b) make different provision for different cases, including different
provision in relation to different persons, circumstances, areas or
localities.

(5) Before making any regulations under this section, the Minister is to consult—

(a) 25the Environment Agency;

(b) the Natural Resources Body for Wales;

(c) such bodies or persons appearing to the Minister to be representative
of the interests of local government, industry, agriculture and small
businesses respectively as the Minister may consider appropriate;

(d) 30such other bodies or persons as the Minister may consider appropriate.

(6) It is immaterial for the purposes of subsection (5) whether consultation is
carried out before or after the coming into force of this section.

(7) The Secretary of State's power to make regulations under this section is subject
to the consent of the Scottish Ministers so far as the regulations apply as
35mentioned in subsection (11)(b),

(8) In this section and Schedule 8 a reference to the use of water resources—

(a) includes a reference to taking, diverting or impounding water from any
inland waters, or taking water contained in underground strata, and
applying it to any purpose, and

(b) 40includes a reference to wasting water whether by action or omission,
but

(c) does not include a reference to the use, by a person other than a water
undertaker, of water drawn from a water mains or pipe forming part of
a system used by a water undertaker in carrying out a duty under
45section 37 of the Water Industry Act 1991.

(9) In this section and Schedule 8—

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation within the
  meaning of the Interpretation Act 1978;

  (b)

  5an enactment contained in, or an instrument made under, an
  Act of the Scottish Parliament;

  (c)

  an enactment contained in, or in an instrument made under, an
  Act or Measure of the National Assembly for Wales;

• “fish” means freshwater fish and migratory fish;

• 10“flood” has the meaning given in section 1 of the Flood and Water
  Management Act 2010;

• “flood risk” has the meaning given in section 2 of that Act;

• “freshwater fish” means any fish habitually living in fresh water;

• “inland waters” has the meaning given by section 221(1) of the Water
  15Resources Act 1991;

• “migratory fish” means fish of a kind which migrates from fresh to salt
  water, or from salt to fresh water, in order to spawn;

• “the Minister” means—

  (a)

  the Secretary of State in relation to England and in relation to so
  20much of the River Esk and its banks and tributary streams as is
  mentioned in subsection (11)(b), and

  (b)

  the Welsh Ministers in relation to Wales;

• “regulated waters” means—

  (a)

  inland waters in England and Wales,

  (b)

  25the waters of so much of the River Esk and its tributary streams
  up to their source as is mentioned in subsection (11)(b), and

  (c)

  waters adjoining the coast of England and Wales to a distance
  of six nautical miles measured from the baselines from which
  the breadth of the territorial sea is measured;

• 30“Wales” has the meaning given in section 158(1) of the Government of
  Wales Act 2006.

(10) The reference in subsection (8)(a) to water contained in underground strata is
to be read in accordance with section 221(3) of the Water Resources Act 1991,
as if this section formed part of that Act.

(11) 35Regulations made in reliance on subsection (2)(c)—

(a) are not to apply in relation to the Tweed district (as defined in article
2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/
2913)), but

(b) may apply in relation to so much of the River Esk, with its banks and
40tributary streams up to their source, as is situated in Scotland.

(12) Regulations under this section may make provision applying in relation to
(and to places above and below) the territorial waters adjacent to any part of
England and Wales.

49 Environmental regulation: procedure

(1) 45The power to make regulations under section 48 is to be exercised by statutory
instrument.

(2) A statutory instrument containing regulations made by the Secretary of State
under section 48 is subject to annulment in pursuance of a resolution of either
House of Parliament, subject as follows.

(3) A statutory instrument containing regulations made by the Welsh Ministers
5under section 48 is subject to annulment in pursuance of a resolution of the
National Assembly for Wales, subject as follows.

(4) A statutory instrument containing any of the following regulations (whether
alone or with other regulations) is subject to the affirmative resolution
procedure—

(a) 10the first regulations to be made by the Secretary of State under section
48;

(b) the first regulations to be made by the Welsh Ministers under section
48;

(c) regulations under section 48 which create an offence or increase a
15penalty for an existing offence;

(d) regulations under section 48 which amend or repeal any provision of
an Act, or an Act or Measure of the National Assembly for Wales.

(5) A statutory instrument containing regulations made by the Secretary of State
under both section 48 above and section 2 of the Pollution Prevention and
20Control Act 1999 is subject to the affirmative resolution procedure if an
instrument containing only—

(a) the regulations made by the Secretary of State under section 48 above,
or

(b) the regulations made by the Secretary of State under section 2 of the
25Pollution Prevention and Control Act 1999,

would be subject to the affirmative resolution procedure.

(6) A statutory instrument containing regulations made by the Welsh Ministers
under both section 48 above and section 2 of the Pollution Prevention and
Control Act 1999 is subject to the affirmative resolution procedure if an
30instrument containing only—

(a) the regulations made by the Welsh Ministers under section 48 above, or

(b) the regulations made by the Welsh Ministers under section 2 of the
Pollution Prevention and Control Act 1999,

would be subject to the affirmative resolution procedure.

(7) 35A statutory instrument containing regulations made by the Secretary of State
that is subject to the affirmative resolution procedure may not be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

(8) A statutory instrument containing regulations made by the Welsh Ministers
40that is subject to the affirmative resolution procedure may not be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
the National Assembly for Wales.

(9) Subsections (11) and (12) apply in relation to a statutory instrument containing
both—

(a) 45regulations under section 48 made or to be made by the Secretary of
State, and

(b) regulations under section 48 made or to be made by the Welsh
Ministers.

(10) Subsections (11) and (12) also apply in relation to a statutory instrument
containing—

(a) regulations under section 48 made or to be made by the Secretary of
State,

(b) 5regulations under section 48 made or to be made by the Welsh
Ministers, and

(c) regulations made under section 2 of the Pollution Prevention and
Control Act 1999 (whether by the Secretary of State or the Welsh
Ministers or both).

(11) 10If in accordance with subsection (2) or (3) (negative resolution procedure)—

(a) either House of Parliament resolves that an address be presented to Her
Majesty praying that an instrument containing regulations made by the
Secretary of State be annulled, or

(b) the National Assembly for Wales resolves that an instrument
15containing regulations made by the Welsh Ministers be annulled,

nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the instrument.

(12) If any of the regulations are subject to the affirmative resolution procedure, all
of them are subject to that procedure.

(13) 20In section 2 of the Pollution Prevention and Control Act 1999, after subsection
(9) there is inserted—

“(10) See section 49 of the Water Act 2014 for further provision about the
procedure applying to statutory instruments containing both
regulations made under this section and regulations made under
25section 48 of that Act.”

50 Repeal of certain provisions about culverts

The following provisions of the Public Health Act 1936 are repealed—

(a) section 262 (power of local authority to require culverting of
watercourses and ditches where building operations in prospect);

(b) 30section 263 (watercourses in urban districts not to be culverted except
in accordance with approved plans).

Part 4 Flood insurance

The Flood Reinsurance Scheme

51 35The Flood Reinsurance Scheme

(1) For the purposes of this Part, the Flood Reinsurance Scheme is a scheme
which—

(a) is established for the purpose mentioned in subsection (2), and

(b) is designated for the purposes of this Part by regulations made by the
40Secretary of State.

(2) The purpose referred to in subsection (1)(a) is the purpose of providing
reinsurance to relevant insurers in respect of such risks relating to flooding as
are identified by the scheme, in such a way as to—

(a) promote the availability and affordability of flood insurance for
5household premises while minimising the costs of doing so, and

(b) manage, over the period of operation of the scheme, the transition to
risk-reflective pricing of flood insurance for household premises.

(3) Subsection (5) applies where the terms of the FR Scheme governing the
availability of reinsurance under the FR Scheme for an insurance policy
10include a requirement as mentioned in subsection (4).

(4) The requirement is that the part of the premium for the policy which is
attributable to risks relating to flooding does not exceed a specified amount
(“the eligibility threshold”).

(5) The Secretary of State may by regulations make provision as to the level of the
15eligibility threshold, and may make different provision for different purposes.

(6) Regulations under subsection (5) may, in particular, make different provision
for different insurance policies by reference to the value of the household
premises to which a policy relates.

(7) In this Part, the Flood Reinsurance Scheme is called “the FR Scheme”.

52 20Scheme administrator

(1) The FR Scheme is to be administered by a body designated by regulations
made by the Secretary of State.

(2) The Secretary of State may under subsection (1) designate a company
registered under the Companies Act 2006 or a body of another kind.

(3) 25In this Part, the body designated under subsection (1) is called “the FR Scheme
administrator”.

53 Scheme funding

(1) The Secretary of State may, with the consent of the Treasury, make regulations
requiring relevant insurers to pay to the FR Scheme administrator—

(a) 30a levy, the amount and timing of which is to be determined in
accordance with the regulations;

(b) such further amounts, by way of levy or contribution, as may be
requested by the FR Scheme administrator from time to time in
accordance with the FR Scheme.

(2) 35Regulations under subsection (1) may make provision as to—

(a) the circumstances in which a request under subsection (1)(b) may be
made;

(b) the amounts that may be requested under subsection (1)(b).

(3) The Secretary of State may by regulations make provision for amounts payable
40under subsection (1) to be recoverable summarily (or in Scotland recoverable)
as a civil debt.

(4) The Secretary of State may by regulations make provision as to the application
of any amounts paid under subsection (1).

(5) The Secretary of State may by regulations provide that, where such conditions
as are specified in the regulations as regards the reserves of the FR Scheme are
satisfied, the FR Scheme administrator must pay to the Secretary of State an
amount of the reserves to be determined in accordance with the regulations.

(6) 5Regulations under subsection (5) may—

(a) define “reserves”;

(b) make provision about determining the amount of the reserves of the FR
Scheme.

(7) Before making regulations under subsection (5), the Secretary of State must
10consult the Prudential Regulation Authority.

54 Scheme administration

(1) The Secretary of State may by regulations make provision in connection with
the administration of the FR Scheme.

(2) Regulations under subsection (1) may require the FR Scheme administrator to
15have regard to the following in discharging its functions—

(a) the need to ensure economy, efficiency and effectiveness in the
discharge of those functions,

(b) the need to act in the public interest,

(c) the need to ensure propriety and regularity in the operation of the FR
20Scheme, and

(d) the need to manage, over the period of operation of the FR Scheme, the
transition to risk-reflective pricing of flood insurance for household
premises.

(3) Regulations under subsection (1) may require the FR Scheme administrator to
25produce and publish, in accordance with the regulations, a plan for achieving
the transition mentioned in subsection (2)(d).

(4) Regulations under subsection (1) may—

(a) limit, to any extent, the power of the FR Scheme administrator to
borrow money or otherwise incur debt;

(b) 30make provision about the reserves of the FR Scheme, including
limitations on draw downs and transfers;

(c) require the FR Scheme administrator to take steps to limit the overall
net losses that may be incurred by the FR Scheme in any year to an
amount specified in or determined in accordance with the regulations;

(d) 35provide for the form and contents of the FR Scheme's accounts;

(e) provide for a copy of the audited FR Scheme's accounts and a copy of
the auditor's report on those accounts to be laid before Parliament;

(f) provide for the Comptroller and Auditor General to examine—

(i) the economy, efficiency and effectiveness with which the FR
40Scheme administrator has used resources in discharging its
functions, or

(ii) the propriety and regularity in the operation of the FR Scheme,

and for a report on any such examination to be laid before Parliament;

(g) provide that for the purposes of an examination under paragraph (f)—

(i) 45the Comptroller and Auditor General is to have a right of access
at all reasonable times to any of the documents relating to the
FR Scheme, and