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(2) In section 79 of the WRA (compensation and charges where drought order | |
made), after subsection (3) there is added— | |
“(4) Where a water undertaker makes an application for a drought order, | |
the Agency may recover from the water undertaker any expenses it | |
incurs (whether of a revenue or capital nature)— | 5 |
(a) in connection with any local inquiry held in respect of the | |
application; | |
(b) in the exercise of the Agency’s functions so far as their exercise | |
is attributable to the application and (if the order is made) to the | |
order, | 10 |
in so far as those expenses have not been recovered (whether from the | |
water undertaker or not) under or by virtue of any other enactment. | |
(5) Sections 125 to 129 below shall not apply in respect of any charges | |
which may be made under subsection (4) above.” | |
(3) In section 79A of the WRA (drought permits)— | 15 |
(a) subsection (8) is omitted, and | |
(b) after subsection (8) there is inserted— | |
“(8A) Where a water undertaker makes an application for a drought | |
permit, the Agency may recover from the water undertaker any | |
expenses it incurs (whether of a revenue or capital nature) in the | 20 |
exercise of its functions so far as their exercise is attributable | |
to— | |
(a) the application; | |
(b) (if the permit is issued) the permit, | |
in so far as those expenses have not been recovered (whether | 25 |
from the water undertaker or not) under or by virtue of any | |
other enactment. | |
(8B) Sections 125 to 129 below shall not apply in respect of any | |
charges which may be made under subsection (8A) above.” | |
68 Procedure at local inquiries | 30 |
In Schedule 8 to the WRA (proceedings on applications for drought orders), in | |
paragraph 2, after sub-paragraph (6) there is added— | |
“(7) For the purposes of subsection (2) of section 53 of the 1995 Act (which | |
applies subsections (2) to (5) of section 250 of the Local Government | |
Act 1972 to inquiries in connection with functions of or in relation to | 35 |
the Agency), a local inquiry held under this paragraph with respect | |
to an application by a water undertaker for a drought order, if it | |
would not otherwise fall within paragraph (a) or (b) of that | |
subsection, is to be treated as one which falls within paragraph (b).” | |
Land drainage and flood defence | 40 |
69 Revocation of local flood defence schemes | |
(1) The Environment Act 1995 (c. 25) is amended as follows. | |
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| |
(2) After section 18 there is inserted— | |
“18A Power to revoke local flood defence schemes | |
(1) The Secretary of State may by order made by statutory instrument | |
revoke any local flood defence scheme. | |
(2) The power to make an order under this section shall include power to | 5 |
make such supplemental, consequential and transitional provision as | |
the Secretary of State considers appropriate. | |
(3) The provision which may be made under subsection (2) above includes | |
provision altering— | |
(a) the total number of members of the regional flood defence | 10 |
committee in whose area the local flood defence district created | |
by the scheme was situated; and | |
(b) the total number of such members to be appointed by the | |
constituent councils of that committee, | |
and subsections (7) and (8) of section 16 of this Act shall apply in | 15 |
relation to so much of an order under this section as is made by virtue | |
of this subsection as they apply in relation to an order under subsection | |
(5) of that section. | |
(4) Paragraphs 2 to 6 of Schedule 4, apart from paragraph 3(3), apply in | |
relation to an order under this section as they apply in relation to an | 20 |
order under that Schedule, reading references there to the relevant | |
Minister as references to the Secretary of State.” | |
(3) In section 17 (local flood defence schemes, etc), in subsection (3), for “section | |
18” there is substituted “sections 18 and 18A”. | |
70 Membership of regional flood defence committees in Wales | 25 |
After section 16 of the Environment Act 1995 (c. 25) there is inserted— | |
“16A Power to alter composition of regional flood defence committees in | |
Wales | |
(1) This section applies in relation to any regional flood defence committee | |
which satisfies (or, upon the coming into force of an order made under | 30 |
Schedule 4 to this Act, will satisfy) both of the conditions in subsection | |
(2) below (a “Welsh committee”). | |
(2) The conditions are— | |
(a) the whole or the greater part of the committee’s area is in Wales; | |
and | 35 |
(b) no local flood defence scheme is in force in relation to the area | |
of the committee. | |
(3) The National Assembly for Wales may by order made by statutory | |
instrument make provision determining— | |
(a) the total number of members of a Welsh committee; and | 40 |
(b) the method of selection and appointment of the chairman and | |
other members of the committee (including who is to appoint | |
them). | |
(4) An order under subsection (3) above may— | |
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(a) apply either to Welsh committees generally or to a particular | |
Welsh committee; | |
(b) include such supplemental, consequential and transitional | |
provision as the National Assembly for Wales considers | |
appropriate. | 5 |
(5) In relation to a Welsh committee whose area is not wholly in Wales— | |
(a) the power to make an order under subsection (3) above may be | |
exercised only with the agreement of the Secretary of State; and | |
(b) a statutory instrument containing an order under that | |
subsection shall be subject to annulment in pursuance of a | 10 |
resolution of either House of Parliament. | |
(6) An order under subsection (3) above shall not be considered local in | |
nature for the purposes of section 58(6) of the Government of Wales Act | |
1998 (definition of “Assembly general subordinate legislation”). | |
(7) Section 15 above (or, where the order is being made in conjunction with | 15 |
an order under Schedule 4 to this Act, that Schedule) shall not apply for | |
the purposes of making an order under subsection (3) above. | |
16B Effect of order under section 16A | |
(1) Sections 15 and 16 above and section 18A(3) below shall not apply to a | |
regional flood defence committee in respect of which an order under | 20 |
section 16A above is in force. | |
(2) In relation to any such committee, section 18 below shall have effect as | |
if— | |
(a) paragraph (b) of subsection (4) read “other members appointed | |
in accordance with and subject to the terms of the local flood | 25 |
defence scheme”; and | |
(b) paragraph (c) of subsection (4), and subsection (5), were | |
omitted. | |
(3) In relation to any such committee whose membership does not include | |
any member appointed by or on behalf of a constituent council, | 30 |
Schedule 5 to this Act shall have effect as if— | |
(a) in paragraph 1(1), the words “other than those appointed by or | |
on behalf of one or more constituent councils” were omitted; | |
(b) sub-paragraphs (2), (3) and (4) of paragraph 1 were omitted; | |
and | 35 |
(c) paragraphs 2 and 9 were omitted.” | |
71 Regional flood defence committees | |
(1) Paragraph 1 of Schedule 4 to the Environment Act 1995 (c. 25) (which confers | |
power to alter the areas of regional flood defence committees) is amended as | |
follows. | 40 |
(2) In sub-paragraph (1)— | |
(a) the “or” at the end of paragraph (a) is omitted, and | |
(b) after paragraph (b) there is inserted— | |
“(c) establish a new regional flood defence committee for | |
such area as may be specified in the order (other than | 45 |
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by providing for the amalgamation of the area of any | |
two or more such committees); or | |
(d) abolish a regional flood defence committee.” | |
(3) In sub-paragraph (4)— | |
(a) after “committees” there is inserted “or otherwise establishing a new | 5 |
regional flood defence committee”, | |
(b) in paragraph (a), after “amalgamated” there is inserted “or new”. | |
(4) In sub-paragraph (5), the “and” at the end of paragraph (b) is omitted, and after | |
that paragraph there is inserted— | |
“(ba) in relation to the establishment or abolition of a regional | 10 |
flood defence committee for an area the whole of which is in | |
Wales, the National Assembly for Wales; | |
(bb) in relation to the establishment or abolition of a regional | |
flood defence committee for an area any part (but not the | |
whole) of which is in Wales, the Secretary of State and the | 15 |
National Assembly for Wales acting jointly; and”. | |
72 Grants for drainage works and flood warning systems | |
(1) Sections 147 to 149 of the WRA (which relate to grants for drainage works and | |
flood warning systems) shall cease to have effect. | |
(2) For subsection (4) of section 165 of the WRA (general powers to carry out flood | 20 |
defence and drainage works) there is substituted— | |
“(4) The Agency may by agreement with any person carry out, improve or | |
maintain, at that person’s expense, any drainage works which that | |
person is entitled to carry out, improve or maintain; but for the | |
purposes of this subsection the expense to be borne by that person shall | 25 |
not include such part (if any) of the amount of any grant made under | |
section 47 of the Environment Act 1995 (grants to the new Agencies) as | |
the Agency decides (subject to any terms on which the grant is made) | |
to allocate for the works in question.” | |
(3) For subsection (4) of section 166 of the WRA (power to carry out works for | 30 |
purpose of providing flood warning system) there is substituted— | |
“(4) In this section— | |
“flood warning system” means any system whereby, for the | |
purpose of providing warning of any danger of flooding, | |
information with respect to— | 35 |
(a) rainfall, as measured at a particular place within a | |
particular period; or | |
(b) the level or flow of any inland water, or part of an inland | |
water, at a particular time; or | |
(c) other matters appearing to the Agency to be relevant for | 40 |
that purpose, | |
is obtained and transmitted, whether automatically or | |
otherwise, with or without provision for carrying out | |
calculations based on such information and for transmitting the | |
results of those calculations; | 45 |
“inland water” means any of the following in any part of Great | |
Britain, that is to say— | |
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(a) any river, stream or other watercourse, whether natural | |
or artificial and whether tidal or not; | |
(b) any lake or pond, whether natural or artificial, and any | |
reservoir or dock; and | |
(c) any channel, creek, bay, estuary or arm of the sea; | 5 |
“rainfall” includes any fall of snow, hail or sleet.” | |
(4) In the definition of “flood defence provisions” in subsection (1) of section 221 | |
of the WRA (general interpretation), in paragraph (a)(ii), the words “147 to | |
149,” are omitted. | |
Information | 10 |
73 Information | |
For section 201 of the WRA (power to require information with respect to | |
abstraction) there is substituted— | |
“201 Power to require information in respect of water resources functions | |
(1) Subject to subsection (2) below, the Secretary of State or the Agency | 15 |
may serve on any person a notice requiring that person to furnish him | |
or, as the case may be, it, within a period or at times specified in the | |
notice and in a form and manner so specified, with such information as | |
is reasonably required by the Secretary of State or by the Agency for the | |
purpose of carrying out any of his or, as the case may be, its water | 20 |
resources functions. | |
(2) The Secretary of State shall have power by regulations to make | |
provision for restricting the information which may be required under | |
subsection (1) above and for determining the form in which the | |
information is to be so required. | 25 |
(3) A person who fails without reasonable excuse to comply with the | |
requirements of a notice served on him under this section shall be | |
guilty of an offence and liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum; | 30 |
(b) on conviction on indictment, to a fine or to imprisonment for a | |
term not exceeding two years, or to both. | |
(4) References in this section to the water resources functions of the | |
Secretary of State or of the Agency are references to the functions of the | |
Secretary of State or of the Agency under Part 2 of this Act or under any | 35 |
provisions not contained in that Part which are related water resources | |
provisions in relation to Chapter 2 of that Part.” | |
Powers of entry | |
74 Extension of Environment Agency’s powers of entry | |
In section 169 of the WRA (powers of entry for enforcement purposes), for | 40 |
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| |
subsection (2) there is substituted— | |
“(2) The powers conferred by subsection (1) above in relation to any | |
premises shall include power, in order to obtain information for the | |
purpose mentioned in subsection (1)(a) above— | |
(a) to carry out experimental borings or other works on those | 5 |
premises; and | |
(b) to install and keep monitoring and other apparatus there.” | |
Environment Agency’s general water resources duty | |
75 Efficient use of water resources | |
In section 6 of the Environment Act 1995 (c. 25) (general provisions with | 10 |
respect to water), in subsection (2)(b), after “Wales” there is inserted | |
“(including the efficient use of those resources)”. | |
Border rivers | |
76 Border rivers | |
In section 6 of the Environment Act 1995 (general provisions with respect to | 15 |
water), in subsection (3), after paragraph (c) there is inserted “except so much | |
of those inland waters as are in England.”. | |
Reservoirs | |
77 Environment Agency to be enforcement authority under the Reservoirs Act | |
1975 | 20 |
(1) The Reservoirs Act 1975 (c. 23) is amended as follows— | |
(a) in subsection (1) of section 2 (registration of certain reservoirs and | |
enforcement of Act, etc), for the words from “The local authorities” to | |
the words “county boroughs” there is substituted “The relevant | |
authorities for purposes of this Act shall be, in England and Wales, the | 25 |
Environment Agency”, | |
(b) in the following provisions of the Act, for “local authority”, in each | |
place where it appears, there is substituted “relevant authority”— | |
sections 2 and 3, | |
section 13, | 30 |
sections 20 and 21, | |
sections 24 and 25, | |
section 27, | |
(c) in section 1 (ambit of Act, and interpretation), after subsection (4) there | |
is inserted— | 35 |
“(4A) The “area” of the Environment Agency, in its capacity as a | |
relevant authority for purposes of this Act, is the whole of | |
England and Wales.”, | |
(d) in section 22(6) (institution of proceedings for an offence under the | |
Act), for the words from “by any local authority” to “except by” there is | 40 |
substituted “only by the Environment Agency or”, | |
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(e) in Schedule 1 (index of definitions), at the appropriate places there are | |
inserted the following entries— | |
“Area (in relation to the Environment Agency)...........Section 1(4A)” | |
“Relevant authority..........................................................Section 2(1)”. | |
(2) Each body which immediately before the date of commencement of subsection | 5 |
(1) (referred to in this section as the “commencement date”) is a local authority | |
in England or Wales for the purposes of the Reservoirs Act 1975 shall, as soon | |
as practicable after that date, give to the Environment Agency— | |
(a) the register maintained by the body under section 2(2) of that Act; and | |
(b) any other documents, records or other information in its possession | 10 |
which relate to the exercise of the body’s functions as an enforcement | |
authority within the meaning of section 2(6) of that Act (referred to in | |
this section as its “enforcement functions”). | |
(3) It shall be the duty of a body falling within subsection (2) to give to the | |
Environment Agency all such assistance as the Environment Agency may | 15 |
reasonably require for the purposes of facilitating the taking over by the | |
Environment Agency of the body’s enforcement functions. | |
(4) Nothing in this section affects the validity of anything done by or in relation to | |
such a body in the exercise of its enforcement functions before the | |
commencement date. | 20 |
(5) There may be continued by or in relation to the Environment Agency anything | |
(including legal proceedings) which relates to any of such a body’s | |
enforcement functions and is in the process of being done by or in relation to | |
the body immediately before the commencement date. | |
(6) Anything which was done by such a body for the purpose of or in connection | 25 |
with any of its enforcement functions and is in effect immediately before the | |
commencement date shall have effect as if done by the Environment Agency. | |
78 Extension of enforcement authority’s reserve powers | |
(1) The Reservoirs Act 1975 (c. 23) is amended as follows. | |
(2) In section 8 (powers of enforcement authority in event of non-compliance with | 30 |
certain requirements), after subsection (3) there is inserted— | |
“(3A) Where it appears to the enforcement authority that the report of an | |
engineer acting under this section includes a recommendation as to | |
measures to be taken in the interests of safety that has not been carried | |
into effect as required by this section, the authority may by written | 35 |
notice served on the undertakers require them to carry the | |
recommendation into effect within a time specified in the notice. | |
(3B) Where an enforcement authority propose to serve such a notice, the | |
authority shall consult as to the time to be specified in the notice a civil | |
engineer, being a qualified civil engineer for the purpose of inspecting | 40 |
and supervising the reservoir under this section.” | |
(3) In section 15 (reserve powers), in subsection (2), after “section” there is inserted | |
“8,”. | |
(4) In section 17 (powers of entry), in subsection (1)(b), after “section”, in both | |
places, there is inserted “8,”. | 45 |
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