Water Bill (HL Bill 97)

(a) any provision made by section 339 of the Highways Act 1980 (saving
for works etc of drainage authorities etc);

(b) any provision made by or under, or capable of being made under,
sections 109 and 110 of the Water Resources Act 1991 (erecting
5structures over main rivers etc prohibited without consent);

(c) any provision made by any byelaw, or capable of being made by any
byelaw, under paragraph 5 of Schedule 25 to that Act (byelaws for
flood defence and drainage purposes).

(3) Making provision which, subject to any modifications that the Minister
10considers appropriate, corresponds or is similar to—

(a) sections 9 to 15 and 18 of the Salmon and Freshwater Fisheries Act
1975 (obstructions to passage of fish);

(b) Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/
3344) (passage of eels).

(4) 15Each reference to an enactment in sub-paragraph (1), (2) or (3) is a reference
to that enactment as it has effect on the coming into force of that sub-
paragraph.

(5) Provision made under this paragraph is not subject to the requirement in
section 49(2).

20Crown application

31 Making provision about the application of the regulations to the Crown.

Part 2 Supplementary provision

Water regulations trading schemes: penalties

32 (1) 25The regulations may, if they are water regulations, authorise the inclusion in
a trading scheme of—

(a) provision for penalties in respect of contraventions of provisions of
the scheme;

(b) provision for the amount of any penalty under the scheme to be such
30as may be set out in, or calculated in accordance with—

(i) the scheme, or

(ii) the regulations (including regulations made after the scheme
starts to operate).

(2) In this paragraph “trading scheme” means a scheme of the kind mentioned
35in paragraph 3(3).

Determination of matters by regulators

33 The regulations may make provision for anything which, by virtue of
paragraphs 7 to 10, could be provided for by the regulations to be
determined under the regulations by regulators.

Delegation between regulators

34 The regulations may make provision authorising regulators to arrange for
specified functions to be exercised on their behalf by other regulators.

Imposition of conditions

35 5In connection with the determination of conditions as mentioned in
paragraph 8(3)(a) the regulations may in particular provide—

(a) for such conditions to be determined in the light of any specified
general principles and any directions or guidance given under the
regulations;

(b) 10for such guidance to include guidance sanctioning reliance by a
regulator on any arrangements referred to in the guidance to operate
to secure a particular result as an alternative to imposing a condition.

Charging schemes

36 The regulations may—

(a) 15require any such scheme as is mentioned in paragraph 11 or 12 to be
so framed that the fees and charges payable under the scheme are
sufficient, taking one year with another, to cover such expenditure
(whether or not incurred by the regulator or other person to whom
they are so payable) as is specified;

(b) 20authorise any such scheme to make different provision for different
cases (and specify particular kinds of such cases).

Offences

37 (1) The regulations may provide for any such offence as is mentioned in
paragraph 26 to be triable—

(a) 25only summarily, or

(b) either summarily or on indictment.

(2) The regulations may provide for any such offence to be punishable on
summary conviction with—

(a) imprisonment for a term not exceeding such period as is specified in
30the regulations (which may not exceed the normal maximum term),
or

(b) a fine not exceeding such amount as is so specified (which may not
exceed £20,000),

or both.

(3) 35The “normal maximum term” means—

(a) in relation to England and Wales—

(i) in the case of an offence triable only summarily, 51 weeks,
and

(ii) in the case of an offence triable either summarily or on
40indictment, twelve months;

(b) in relation to Scotland—

(i) in the case of an offence triable only summarily, 6 months,
and

(ii) in the case of an offence triable either summarily or on
indictment, twelve months.

(4) Regulations that—

(a) are made before the date on which section 281(5) of the Criminal
5Justice Act 2003 comes into force, and

(b) in relation to England and Wales, make provision for a summary
offence to be punishable with a term of imprisonment exceeding six
months,

must provide that, where the offence is committed before that date, it is
10punishable with imprisonment for a term not exceeding six months.

(5) Regulations that—

(a) are made before the date on which section 154(1) of the Criminal
Justice Act 2003 comes into force, and

(b) in relation to England and Wales, make provision for an offence
15triable either summarily or on indictment to be punishable on
summary conviction with a term of imprisonment exceeding six
months,

must provide that, where the offence is committed before that date, it is
punishable on summary conviction with imprisonment for a term not
20exceeding six months.

(6) The regulations may provide for such an offence to be punishable on
indictment with—

(a) imprisonment for a term not exceeding such period as is specified
(which may not exceed two years), or

(b) 25a fine,

or both.

Restrictions on Crown application

38 (1) To the extent that the regulations bind the Crown (by virtue of provision
made under paragraph 31), they are subject to the following restrictions.

(2) 30No contravention of any provision of the regulations may make the Crown
criminally liable; but the regulations may provide that the High Court may,
on the application of a regulator, declare unlawful any act or omission of the
Crown which constitutes such a contravention.

(3) Sub-paragraph (2) does not affect the criminal liability of persons in the
35service of the Crown.

(4) The regulations must provide that if the Secretary of State certifies that it
appears to him, as respects any Crown premises and any relevant powers of
entry, that it is requisite or expedient that, in the interests of national
security, the powers should not be exercisable in relation to those premises,
40those powers shall not be exercisable in relation to those premises.

(5) Subject to sub-paragraph (6), where a power is conferred in relation to land
by any provision of the regulations, the regulations must provide that—

(a) that power is to be exercisable in relation to any land in which there
is a Crown or Duchy interest only with the consent of the appropriate
45authority, and

(b) that a consent for such purposes may be given on such financial and
other conditions as the appropriate authority giving the consent may
consider appropriate.

(6) But provision contained in the regulations in accordance with sub-
5paragraph (5) is not to require any consent to be given for the exercise of any
power in relation to any land in which there is a Crown or Duchy interest to
the extent that that power would be so exercisable apart from provision in
the regulations made by virtue of paragraph 31.

(7) In this paragraph—

• 10“the appropriate authority” has the same meaning as in section 293 of
  the Town and Country Planning Act 1990;

• “Crown or Duchy interest” means an interest belonging to Her Majesty
  in right of the Crown or the Duchy of Lancaster, or to the Duchy of
  Cornwall, or belonging to a government department, or held in trust
  15for Her Majesty for the purposes of a government department;

• “Crown premises” means premises held by or on behalf of the Crown;

• “relevant powers of entry” means powers of entry that are—

  (a)

  contained in the regulations,

  (b)

  exercisable in relation to the premises in question, and

  (c)

  20specified in the Secretary of State’s certificate under sub-
  paragraph (4).

Section 75

SCHEDULE 9 Publication requirements under the Land Drainage Act 1991

1 The Land Drainage Act 1991 is amended as follows.

2 (1) 25Section 2 (review of boundaries of internal drainage districts) is amended as
follows.

(2) In subsection (2)(b), the words “, in one or more newspapers circulating in
the internal drainage district,” are repealed.

(3) After subsection (2) there is inserted—

“(2A) 30Where the internal drainage district is wholly or partly in Wales the
duty under subsection (2)(b) to publish a notice is a duty to publish
the notice in one or more newspapers circulating in that district.”

3 (1) Section 3 (schemes for reorganisation of internal drainage districts etc) is
amended as follows.

(2) 35In subsection (4)(b), the words “in one or more newspapers circulating in the
area affected by the scheme” are repealed.

(3) After subsection (4) there is inserted—

“(4A) Where the area affected by the scheme is wholly or partly in Wales
the duty under subsection (4)(b) to publish a notice is a duty to
40publish the notice in one or more newspapers circulating in that
area.”

4 (1) Section 38 (orders subdividing a district for the purposes of raising
expenses) is amended as follows.

(2) In subsection (5)(b), the words “, in one or more newspapers circulating in
that district,” are repealed.

(3) 5After subsection (6) there is inserted—

“(6A) Where an order is made under this section by the drainage board for
an internal drainage district that is wholly or partly in Wales, the
duty under subsection (5)(b) to publish a notice is a duty to publish
the notice in one or more newspapers circulating in that district.”

5 (1) 10Section 39 (petition for subdivision of internal drainage district) is amended
as follows.

(2) In subsection (4)(b), the words “in one or more newspapers circulating in
that district” are repealed.

(3) After subsection (5) there is inserted—

“(5A) 15Where a petition is received by the drainage board for an internal
drainage district that is wholly or partly in Wales, the duty under
subsection (4)(b) to publish a notice is a duty to publish the notice in
one or more newspapers circulating in that district.”

6 (1) Section 48 (procedure for making of rate) is amended as follows.

(2) 20In subsection (3)(b), for “in one or more newspapers circulating in that
district” there is substituted “in some other way”.

(3) After subsection (3) insert—

“(3A) Where the rate is made by the drainage board for an internal
drainage district that is wholly or partly in Wales, the reference in
25subsection (3)(b) to publishing the notice in some other way is to be
read as a reference to publishing it in one or more newspapers
circulating in that district.”

7 (1) Section 58 (allocation of appropriate agency revenue for its functions as an
internal drainage board) is amended as follows.

(2) 30In subsection (3), the words “in one or more newspapers circulating in the
internal drainage district in question” are repealed.

(3) After subsection (3) there is inserted—

“(3A) Where the internal drainage district in question is wholly or partly in
Wales, the duty under subsection (3) to publish a resolution is a duty
35to publish the resolution in one or more newspapers circulating in
that district.”

8 (1) Paragraph 1 of Schedule 5 (byelaws: publicity for application and
confirmation) is amended as follows.

(2) In sub-paragraph (1), in paragraph (a), the words from “in the London
40Gazette” to the end are repealed.

(3) After sub-paragraph (1) insert—

“(1A) Where the relevant drainage board’s district is wholly or partly in
Wales, the duty under sub-paragraph (1)(a) to cause a notice to be
published is a duty to cause the notice to be published in the
5London Gazette and in such other manner as the board think best
adapted for informing persons affected by it.”

Section 77

SCHEDULE 10 Amendments relating to Regional Flood and Coastal Committees

Public Bodies (Admission to Meetings) Act 1960 (c. 67)Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1 10In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1(i), for “regional and local
flood defence committees” there is substituted “Regional Flood and Coastal
Committees”.

Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

2 15In section 25 of the Local Government Act 1974 (authorities subject to
investigation by the Commission for Local Administration in England), in
subsection (1)(d), for “any regional flood defence committee” there is
substituted “any Regional Flood and Coastal Committee”.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

3 20In 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
district in England and Wales is repealed;

(b) in the entry for a chairman of a regional flood defence committee for
25any area of England and Wales, for “regional flood defence
committee” there is substituted “Regional Flood and Coastal
Committee”.

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
30boards), 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
Water Management Act 2010)”.

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

5 35The 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
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
the regional flood defence committee)—

(a) 5for “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) 10Subsection (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
15land)—

(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
20district” 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) 25for “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) Section 137 (special drainage charges in the interests of agriculture) is
30amended 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) 35In 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
substituted “the flood risk management region”.

9 (1) Section 138 (levying and amount of special drainage charge) is amended as
40follows.

(2) In subsection (3) (regional flood defence committee to determine the
uniform 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) 45In 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
management regions”;

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

(i) 5for “more than one area of a regional flood defence
committee” there is substituted “areas within more than one
flood risk management region”;

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

10 10In 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
substituted “a flood risk management region”.

11 (1) Section 145 (interpretation of Chapter 2 of Part 6) is amended as follows.

(2) 15In 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—

• ““flood risk management region” means the region of a
  Regional Flood and Coastal Committee, within the meaning
  20of 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
system) is amended as follows.

(2) In subsection (3) (exercise of powers in Scotland)—

(a) 25in 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) in paragraph (b), for “the areas of each of those committees” there is
30substituted “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 35In 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),
40in 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
45committee 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
management region” means the region of a Regional Flood
and Coastal Committee, within the meaning of section 22
5of 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
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”
10there 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 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
15committee 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 In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005
(authorities entitled to refer matters to ombudsman), in the entry for a
20regional flood defence committee for an area wholly or partly in Wales, for
“regional flood defence committee” there is substituted “Regional Flood and
Coastal 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)
25Order 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 79(5)

SCHEDULE 11 Orders under section 79: further provision

30Introductory

1 (1) The provision that may be made by an order under section 79 (“a section 79
order”) includes such provision as is mentioned in this Schedule.

(2) Nothing in this Schedule affects the generality of section 79.

Changes in water supply licensing

2 (1) 35A section 79 order may make provision in connection with the introduction
of new water supply licences.

(2) A section 79 order may in particular—

(a) make provision for old water supply licences to continue in effect,
subject to provision made by a qualifying scheme;

(b) make provision about the granting of a new water supply licence on
application made by the holder of an old water supply licence.

(3) 5A qualifying scheme is a scheme that—

(a) is made by the Water Services Regulation Authority, and

(b) contains such provision as is described in sub-paragraph (4).

(4) The provision mentioned in sub-paragraph (3)(b) is—

(a) provision for the revocation of all old water supply licences—

(i) 10on the first day on which it would be possible for a new water
supply licence to come into effect, or

(ii) in accordance with arrangements in the scheme and before a
day specified in or determined under the scheme,

(b) provision for compensation to be paid by the Water Services
15Regulation Authority in connection with the revocation under the
scheme of an old water supply licence,

(c) provision, in a case where the scheme allows a holder’s old water
supply licence and new water supply licence to have effect at the
same time, for preventing the holder supplying water to premises in
20reliance on the old water supply licence where—

(i) the premises supplied are the premises of a person who was
not a customer of the holder immediately before the grant of
the new licence, and

(ii) the premises could be supplied with water in reliance on the
25new water supply licence,

(d) provision for compensation to be paid by the Water Services
Regulation Authority in connection with the restriction imposed on
an old water supply licence under paragraph (c),

(e) provision about the determination of—

(i) 30claims for compensation payable under the scheme, and

(ii) appeals from the determination of such claims, and

(f) provision satisfying such other requirements as may be specified in
a section 79 order, including requirements about the persons who
may claim compensation, the measure of compensation and matters
35by reference to which compensation may be reduced.

(5) Requirements imposed under sub-paragraph (4)(f) may allow the scheme to
make provision by virtue of which the compensation payable in a particular
case may be nil.

(6) A qualifying scheme may include provision about—

(a) 40the making of claims for compensation;

(b) the matters to be proved by a claimant.

(7) Sub-paragraphs (4) to (6) are not exhaustive of what may be included in a
qualifying scheme.

(8) A section 79 order may make provision for a relevant person specified in the
45order, or appointed by the Secretary of State, to determine—

(a) claims for compensation payable under a qualifying scheme;

(b) appeals from the determinations of such claims.