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79 Service of documents | |
(1) In section 15(4) of the Reservoirs Act 1975 (reserve powers of enforcement | |
authorities) for “section 233 of the Local Government Act 1972” there is | |
substituted “section 123 of the Environment Act 1995 as it is applied by section | |
22A of this Act”. | 5 |
(2) After section 22 of that Act there is inserted— | |
“22A Service of notices by the Environment Agency | |
Section 123 of the Environment Act 1995 (service of documents) applies | |
to any document authorised or required by virtue of any provision of | |
this Act to be served or given by the Environment Agency as if it were | 10 |
authorised or required to be served or given by or under that Act.” | |
80 Flood plans: large raised reservoirs | |
After section 12 of the Reservoirs Act 1975 there is inserted— | |
“Flooding | |
12A Flood plans: large raised reservoirs | 15 |
(1) The Secretary of State may, by written notice served on the undertakers | |
in relation to a large raised reservoir, direct them to prepare a plan (a | |
“flood plan”) setting out the action they would take in order to control | |
or mitigate the effects of flooding likely to result from any escape of | |
water from the reservoir. | 20 |
(2) A direction may in particular— | |
(a) specify the matters to be included in the flood plan; | |
(b) require the flood plan to be prepared in accordance with such | |
methods of technical or other analysis as may be specified by | |
the Environment Agency; | 25 |
(c) require the flood plan, or any information about the matters | |
contained in it, to be given to the Environment Agency at such | |
time or times as may be directed by that Agency or by the | |
Secretary of State; | |
(d) require a copy of the flood plan to be sent to such persons as | 30 |
may be specified in the direction; | |
(e) require publication of the flood plan, in such manner as may be | |
specified in the direction, for the purpose of bringing the | |
matters contained in the flood plan to the attention of persons | |
likely to be interested. | 35 |
(3) Before giving a direction under this section the Secretary of State shall | |
consult— | |
(a) the undertakers concerned; | |
(b) the Environment Agency; | |
(c) if the reservoir concerned is in England, the county council, | 40 |
metropolitan district council or London borough council in | |
whose area the reservoir is situated; | |
(d) if the reservoir concerned is in Wales, the county council or | |
county borough council in whose area the reservoir is situated; | |
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(e) such persons appearing to the Secretary of State to represent the | |
emergency services in the area where the reservoir is situated; | |
and | |
(f) such other persons (if any) as the Secretary of State considers | |
appropriate. | 5 |
(4) If— | |
(a) the functions of the Secretary of State under the preceding | |
provisions of this section are transferred to the National | |
Assembly for Wales so far as exercisable in relation to Wales; | |
(b) no direction has been given by the Assembly under subsection | 10 |
(1) above in relation to a reservoir in Wales; and | |
(c) it appears to the Secretary of State that it is necessary or | |
expedient in the interests of public safety in England that such | |
a direction be given, | |
he may give a direction under that subsection in relation to that | 15 |
reservoir. | |
(5) This section is subject to section 12B below.” | |
81 National security | |
(1) In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and | |
enforcement of Act, etc), after subsection (2) there is inserted— | 20 |
“(2A) If it appears to the Secretary of State that the inclusion of any | |
information in the register maintained under subsection (2) above by | |
the Environment Agency would be contrary to the interests of national | |
security, he may direct the Agency not to include that information in | |
the register.” | 25 |
(2) After section 12A of that Act (which is inserted by section 80 of this Act) there | |
is inserted— | |
“12B Flood plans and national security | |
(1) If it appears to the Secretary of State that in the interests of national | |
security any person or class of persons referred to in any one or more | 30 |
of paragraphs (a) to (e) of section 12A(3) above should not be consulted | |
about a proposed direction, he may treat that subsection as not | |
referring to that person or to that class of person. | |
(2) In relation to any reservoir (whether a large raised reservoir or not, as | |
the case may be) the Secretary of State may, by written notice served on | 35 |
the undertakers, require them not to publish, or not to publish except | |
as specified in the notice— | |
(a) a flood plan prepared by them pursuant to a notice given under | |
section 12A above; | |
(b) any corresponding plan prepared by them other than in | 40 |
pursuance of such a notice, | |
and a notice under this subsection may also require the undertakers to | |
withhold access to any such plan from any person except as specified | |
in the notice.” | |
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82 Offences | |
(1) Section 22 of the Reservoirs Act 1975 (c. 23) (criminal liability of undertakers | |
and their employees) is amended as follows. | |
(2) In subsection (1), the word “or” at the end of paragraph (a) is omitted, and at | |
the end of paragraph (b) there is inserted “or | 5 |
“(c) the undertakers fail to comply with a direction under section | |
12A above;”. | |
(3) After subsection (1) there is inserted— | |
“(1A) If the undertakers fail without reasonable excuse to comply with a | |
notice under section 12B above, they shall be guilty of an offence and | 10 |
liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum; | |
(b) on conviction on indictment, to imprisonment for a term not | |
exceeding two years, or to a fine, or to both.” | 15 |
83 Crown application | |
After section 27 of the Reservoirs Act 1975 (c. 23) there is inserted— | |
“Crown application | |
27A Crown application | |
(1) Subject to the provisions of this section, this Act binds the Crown. | 20 |
(2) No contravention by the Crown of any provision made by or under this | |
Act shall make the Crown criminally liable; but the High Court may, on | |
the application of the Environment Agency, declare unlawful any act or | |
omission of the Crown which constitutes such a contravention. | |
(3) Notwithstanding anything in subsection (2) above, the provisions of | 25 |
this Act shall apply to persons in the public service of the Crown as they | |
apply to other persons. | |
(4) If the Secretary of State certifies that it appears to him, as respects any | |
Crown premises and any power of entry exercisable in relation to them | |
specified in the certificate, that it is requisite or expedient that, in the | 30 |
interests of national security, the powers should not be exercisable in | |
relation to those premises, those powers shall not be exercisable in | |
relation to those premises. | |
(5) Subject to subsection (4) above, the power conferred by section 17 | |
above shall be exercisable in relation to land in which there is a Crown | 35 |
or Duchy interest only with the consent of the appropriate authority. | |
(6) Nothing in this section shall be taken as in any way affecting Her | |
Majesty in Her private capacity; and this subsection shall be construed | |
as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of | |
references to Her Majesty in Her private capacity) were contained in | 40 |
this Act. | |
(7) In this section— | |
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“the appropriate authority” has the same meaning as it has in Part | |
13 of the Town and Country Planning Act 1990 by virtue of | |
section 293(2) of that Act; | |
“Crown or Duchy interest” means an interest which belongs to | |
Her Majesty in right of the Crown or of the Duchy of Lancaster, | 5 |
or to the Duchy of Cornwall, or belonging to a government | |
department or held in trust for Her Majesty for the purposes of | |
a government department; | |
“Crown premises” means premises held by or on behalf of the | |
Crown. | 10 |
(8) The provisions of subsection (3) of section 293 of the Town and Country | |
Planning Act 1990 (questions relating to Crown application) as to the | |
determination of questions shall apply for the purposes of this section.” | |
Water conservation | |
84 Water conservation: requirements on relevant undertakers | 15 |
In section 3(2)(a) of the WIA (environmental duties in relation to proposals | |
relating to the functions of a relevant undertaker), after “special interest” there | |
is inserted “and, in the case of the exercise of such a power by a company | |
holding an appointment as a relevant undertaker, as to further water | |
conservation”. | 20 |
85 Water conservation by public authorities | |
(1) In exercising its functions and conducting its affairs, each public authority shall | |
take into account, where relevant, the desirability of conserving water supplied | |
to premises. | |
(2) In subsection (1), “public authority” means any of the following— | 25 |
(a) a Minister of the Crown (within the meaning of the Ministers of the | |
Crown Act 1975 (c. 26)), | |
(b) a Government department, | |
(c) the Assembly, | |
(d) a local authority (within the meaning of section 270(1) of the Local | 30 |
Government Act 1972 (c. 70)), | |
(e) a person holding an office— | |
(i) under the Crown, | |
(ii) created or continued in existence by a public general Act, or | |
(iii) the remuneration in respect of which is paid out of money | 35 |
provided by Parliament, | |
(f) a statutory undertaker (being any person who, by virtue of section 262 | |
of the Town and Country Planning Act 1990 (c. 8) is a statutory | |
undertaker for any purpose), and | |
(g) any other public body of any description. | 40 |
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