PART 2 continued
Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-98 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 Last page
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(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
Agency may—
(a) decide not to make a determination, or
(b)
5decide 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
appropriate)—
(a) that decision;
(b) 10the 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
a period of six weeks beginning with the day on which the matters
15specified 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)
containing an objection to the proposal as to the matters referred to in
subsection (5).
(1)
A person aggrieved by a determination under section 193C may appeal
to the Secretary of State.
(2)
An 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
25193C(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
determination except as specified in this section.
(4)
The Secretary of State may appoint a person to make a report to assist
30the 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)
specify a change to be included in a replacement map under
section 193B, and
(b) 35specify 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
replacement map to have effect on such date as the Secretary of State
may direct.
(7)
40The Secretary of State may direct the Agency to publish the Secretary of
State’s decision in such manner as the direction may specify.
(1)
The Secretary of State may from time to time issue guidance to the
Agency about the exercise of its functions under sections 193 to 193D.
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(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)
5what 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.
(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
15watercourse 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
20is 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
25meaning as in Part 4 of this Act.
(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) 30a 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
35requested a copy or data for commercial purposes, represent a
reasonable 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
40column of the following table with a hard copy of, or data comprising,
such part of the main river map for Wales as is described in the second
column of the entry for that body.
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| A local authority in Wales | The part that relates to the local authority’s area |
| An internal drainage board for an internal drainage district that is wholly or partly in Wales |
The part that relates to its district, so far as that district is in Wales 5 |
| A water company that exercises functions in relation to an area in Wales |
The part that relates to that area |
| A highway authority that exercises functions in relation to highways in Wales |
10The part that relates to the area in Wales in relation to which it exercises functions |
| A navigation authority that exercises functions in relation to an area in Wales |
The part that relates to that area 15 |
(5) The Documentary Evidence Act 1868 has effect as if—
(a)
the 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
20behalf of the NRBW were specified in the second column of the
Schedule to that Act in connection with the NRBW;
(c)
the 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
25information kept in electronic form.
(1)
The 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
30making, amendment or revocation of a scheme under section
137,
(b) a 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) 35A replacement map may not include other changes.
(3) A replacement map must specify the date on which it takes effect.
(1)
Subject to the following provisions of this section, the NRBW may
determine that—
(a)
40such watercourse or part of a watercourse in Wales as is
specified 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 Wales as is
specified in the determination (not being a watercourse
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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
a main river.
(2)
Before making a determination under subsection (1) as regards a
5watercourse, the NRBW must—
(a)
publish (in such manner as it considers appropriate) the
determination it proposes to make, and
(b)
consider representations made within the time and in the
manner specified by the NRBW when publishing the
10determination.
(3)
The NRBW must consult the Agency before making a determination
under subsection (1)—
(a)
which affects a watercourse part of which is in Wales and part
of which is in England, and
(b) 15in 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) decide not to make a determination, or
(b)
decide to make a determination in accordance with what was
20proposed under subsection (2)(a) or otherwise.
(5)
The NRBW must publish (in such manner as it considers
appropriate)—
(a) that decision;
(b) the terms of any determination made;
(c)
25if 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
a period of six weeks beginning with the day on which the matters
specified in subsection (5) are published.
(7)
30The 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
subsection (5).
(1)
35A 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
beginning with the day on which the matters referred to in section
194C(5) are published.
(3)
40Where 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)
The Welsh Ministers may appoint a person to make a report to assist
them in determining the appeal.
(5)
45If the Welsh Ministers allow the appeal in whole or in part, they may by
direction to the NRBW—
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(a)
specify a change to be included in a replacement map under
section 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
5change 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)
The Welsh Ministers may direct the NRBW to publish their decision in
such manner as the direction may specify.
(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) The guidance may in particular include guidance as to—
(a)
determining whether or not a watercourse or part of a
15watercourse 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)
and (5).
(3)
The NRBW must have regard to the guidance in carrying out its
20functions 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
for England or the main river map for Wales”.
(4) In section 221 (interpretation of the Act), in subsection (1)—
(a) 25for the definition of “main river map” there is substituted—
““the main river map for England” has the meaning given
by section 193(2);
“the main river map for Wales” has the meaning given by
section 194(2);”;
(b)
30in the definition of “watercourse”, for “and 113(1)” there is substituted
“113(1), 193(6) and 194(6)”.
(1)
Section 195 of the Water Resources Act 1991 (duty of appropriate agency to
keep records of location of waterworks) is repealed.
(2)
35In 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)
any resource mains, discharge pipes or other underground
works which are for the time being vested in the appropriate
40agency.”
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(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.
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(9) In this section and Schedule 8—
“enactment” includes—
an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;
5an enactment contained in, or an instrument made under, an
Act of the Scottish Parliament;
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—
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
the Welsh Ministers in relation to Wales;
“regulated waters” means—
inland waters in England and Wales,
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
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.
(1)
45The power to make regulations under section 49 is to be exercised by statutory
instrument.
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(2)
A statutory instrument containing regulations made by the Secretary of State
under section 49 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 49 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
49;
(b)
the first regulations to be made by the Welsh Ministers under section
49;
(c)
regulations under section 49 which create an offence or increase a
15penalty for an existing offence;
(d)
regulations under section 49 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 49 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 49 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 49 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 49 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 49 made or to be made by the Secretary of
State, and
(b)
regulations under section 49 made or to be made by the Welsh
Ministers.
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(10)
Subsections (11) and (12) also apply in relation to a statutory instrument
containing—
(a)
regulations under section 49 made or to be made by the Secretary of
State,
(b)
5regulations under section 49 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 the statutory instrument contains any regulations which, on their own,
would make the instrument subject to the affirmative resolution procedure, the
20instrument is subject to that procedure.
(13)
In section 2 of the Pollution Prevention and Control Act 1999, after subsection
(9) there is inserted—
“(10)
See section 50 of the Water Act 2014 for further provision about the
procedure applying to statutory instruments containing both
25regulations made under this section and regulations made under
section 49 of that Act.”
The following provisions of the Public Health Act 1936 are repealed—
(a)
section 262 (power of local authority to require culverting of
30watercourses and ditches where building operations in prospect);
(b)
section 263 (watercourses in urban districts not to be culverted except
in accordance with approved plans).
(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)
40is designated for the purposes of this Part by regulations made by the
Secretary of State.
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(2)
The purpose referred to in subsection (1)(a) is the purpose of providing
reinsurance to relevant insurers in respect of such risks arising from a flood 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)
The Secretary of State may by regulations make provision as to levels of
reinsurance premiums payable by relevant insurers under the FR Scheme, and
10may make different provision for different purposes.
(4)
Regulations under subsection (3) may, in particular, make different provision
for different purposes by reference to the value of the household premises
insured.
(5)
In this section “flood insurance” means insurance in respect of risks arising
15from a flood.
(6) In this Part, the Flood Reinsurance Scheme is called “the FR Scheme”.
(1)
The FR Scheme is to be administered by a body designated by regulations
made by the Secretary of State.
(2)
20The Secretary of State may under subsection (1) designate a company
registered under the Companies Act 2006 or a body of another kind.
(3)
In this Part, the body designated under subsection (1) is called “the FR Scheme
administrator”.
(1)
25The Secretary of State may, with the consent of the Treasury, make regulations
requiring relevant insurers to pay to the FR Scheme administrator—
(a)
a 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
30requested by the FR Scheme administrator from time to time in
accordance with the FR Scheme.
(2) Regulations under subsection (1) may make provision as to—
(a)
the circumstances in which a request under subsection (1)(b) may be
made;
(b) 35the amounts that may be requested under subsection (1)(b).
(3)
The Secretary of State may by regulations make provision for amounts payable
under 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
40of 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