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Water Bill [HL]

Water Bill [HL]
Part 3 — Miscellaneous



 64    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


     (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

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

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

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

National Assembly for Wales acting jointly; and”.


 65    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

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

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

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—

                        (a)                        rainfall, as measured at a particular place within a


particular period; or



Water Bill [HL]
Part 3 — Miscellaneous



                        (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

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;

                                  “inland water” means any of the following in any part of Great

Britain, that is to say—


                        (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;


                                  “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.



 66    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


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


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.


           (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



                  (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




Water Bill [HL]
Part 3 — Miscellaneous



           (4)           provisions not contained in that Part which are related water resources

provisions in relation to Chapter 2 of that Part.”

Powers of entry

 67    Extension of Environment Agency’s powers of entry

In section 169 of the WRA (powers of entry for enforcement purposes), for


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


premises; and

                  (b)                 to install and keep monitoring and other apparatus there.”

Border rivers

 68    Border rivers

In section 6 of the Environment Act 1995 (c. 25) (general provisions with


respect to water), in subsection (3), after paragraph (c) there is inserted “except

so much of those inland waters as are in England.”.


 69    Environment Agency to be enforcement authority under the Reservoirs Act



     (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


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,


                                  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—


                  “(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


substituted “only by the Environment Agency or”,



Water Bill [HL]
Part 3 — Miscellaneous



           (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


(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 (c. 23) 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


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


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.


     (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


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.

 70    Extension of enforcement authority’s reserve powers

     (1)    The Reservoirs Act 1975 is amended as follows.

     (2)    In section 8 (powers of enforcement authority in event of non-compliance with


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


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


and supervising the reservoir under this section.”

     (3)    In section 15 (reserve powers), in subsection (2), after “section” there is inserted


     (4)    In section 17 (powers of entry), in subsection (1)(b), after “section”, in both

places, there is inserted “8,”.




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