Water Act 1989 (c. 15)

(The document as of February, 2008)

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and such a scheme may revoke or amend a previous scheme under this section.

(8) It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this section which is for the time being in force to the attention of persons likely to be affected by them.

(9) A scheme under this section shall have effect subject to any provision made by or under section 60, 63 or 64 of the said Act of 1963 (supplemental provision with respect to charging).

130 Provision of information about water flow etc

(1) It shall be the duty of the Authority--

(a) to provide a water undertaker with all such information to which this section applies as is in the possession of the Authority and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions;

(b) to provide reasonable facilities to all persons--

(i) for the inspection of the contents of any records kept by the Authority and containing information to which this section applies; and

(ii) for the taking of copies of, or of extracts from, any such records;

and information provided to a water undertaker under this subsection shall be provided in such form and in such manner and at such times as the undertaker may reasonably require.

(2) It shall be the duty of every water undertaker to provide the Authority with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the Authority for purposes connected with the carrying out of any of its functions; and information provided to the Authority under this subsection shall be provided in such form and in such manner and at such times as the Authority may reasonably require.

(3) Where records of the flow, level or volume of any inland water, other than one falling within section 2(3) of the [1963 c. 38.] Water Resources Act 1963, are kept by a person other than a water undertaker, the Authority shall have the right at all reasonable times--

(a) to inspect the contents of any of those records; and

(b) to take copies of, or of extracts from, the contents of any of those records;

and any person who, without reasonable excuse, refuses or fails to permit the Authority to exercise its right under this subsection shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

(4) The duties of the Authority under subsection (1) above shall extend to information provided to or obtained by the Authority under subsection (2) or (3) above.

(5) Information or facilities provided under subsection (1) or (2) above to the Authority, to a water undertaker, to a local authority, county council or joint planning board or to an internal drainage board shall be provided free of charge; and facilities provided under subsection (1) above to other persons may be provided on terms requiring the payment by persons making use of the facilities of such reasonable charges as the Authority may determine.

(6) The duties of a water undertaker under subsection (2) above shall be enforceable under section 20 above by the Secretary of State.

(7) This section applies to information about the flow, level or volume of any inland water or any water contained in underground strata, about rainfall or any fall of snow, hail or sleet or about the evaporation of any water.

(8) In this section "joint planning board" has the same meaning as in the [1971 c. 78.] Town and Country Planning Act 1971; and subsection (2) of section 124 above shall apply to the reference in subsection (7) above to water contained in underground strata as it applies to any reference to such water in Chapter I of this Part.

Drought etc.

131 General drought orders

(1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section and section 133 below, he may by order made by statutory instrument make such provision authorised by this section as appears to him to be expedient with a view to meeting the deficiency.

(2) Subject to subsection (6) below, the power to make an order under this section in relation to any area shall not be exercisable except where an application is made to the Secretary of State--

(a) by the Authority; or

(b) by a water undertaker which supplies water to premises in that area.

(3) An order made under this section on the application of the Authority may contain any of the following provisions, that is to say--

(a) provision authorising the Authority (or persons authorised to do so by the Authority) to take water from any source specified in the order subject to any conditions or restrictions so specified;

(b) provision authorising the Authority (or persons authorised to do so by the Authority) to discharge water to any place specified in the order subject to any conditions or restrictions so specified;

(c) provision authorising the Authority to prohibit or limit the taking by any person (including a water undertaker) of water from a source specified in the order if the Authority is satisfied that the taking of water from that source seriously affects the supplies available to the Authority, any water undertaker or any other person;

(d) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the Authority, any water undertaker or sewerage undertaker or any other person is subject as respects--

(i) the taking of water from any source;

(ii) the discharge of water;

(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or

(iv) the filtration or other treatment of water;

(e) provision authorising the Authority to suspend or vary, or attach conditions to, any consent specified in the order for the discharge of any effluent by any person, including any sewerage undertaker or water undertaker.

(4) An order made under this section on the application of a water undertaker may contain any of the following provisions, that is to say--

(a) provision authorising the water undertaker to take water from any source specified in the order subject to any conditions or restrictions so specified;

(b) provision authorising the water undertaker to prohibit or limit the use of water for any purpose specified in the order, being a purpose for the time being set out in a direction given by the Secretary of State to water undertakers generally as a purpose which may be specified by virtue of this paragraph in any order under this section;

(c) provision authorising the water undertaker to discharge water to any place specified in the order subject to any conditions or restrictions so specified;

(d) provision authorising the Authority to prohibit or limit the taking by any person of water from a source specified in the order if the Authority is satisfied that the taking of water from that source seriously affects the supplies available to the water undertaker;

(e) provision prohibiting or limiting the taking by the Authority of water from a source specified in the order if the taking of water from that source is determined, in accordance with provision made by the order, seriously to affect the supplies available to the water undertaker;

(f) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the water undertaker or any sewerage undertaker or other person is subject as respects--

(i) the taking of water from any source;

(ii) the discharge of water;

(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or

(iv) the filtration or other treatment of water;

(g) provision authorising the Authority to suspend or vary, or attach conditions to, any consent specified in the order for the discharge of any effluent by any person, including the company which applied for the order (whether in the capacity in which it made the application, in its capacity as a sewerage undertaker or in any other capacity).

(5) The following provisions apply where an order under this section contains a provision authorising a water undertaker to prohibit or limit the use of water, that is to say--

(a) the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;

(b) the water undertaker shall take such steps as it thinks appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply and, in particular, shall (as the undertaker thinks appropriate)--

(i) cause notice of the prohibition or limitation to be published in one or more local newspapers circulating within that part of the water undertaker's area which would be affected by the provision of the order; or

(ii) send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply;

(c) the prohibition or limitation shall not come into operation until the expiration of the period of seventy-two hours beginning with the day on which the notice is published or, as the case may be, sent to the person in question.

(6) The Secretary of State may revoke or vary any direction given by him for the purposes of subsection (4)(b) above by a further direction for those purposes; but, where any purpose set out in such a direction will cease, by virtue of the variation or revocation, to be one which may be specified in an order under this section, the Secretary of State shall (without an application having been made to him) exercise his power to vary or revoke orders under this section, in so far as any orders in force will be affected by the variation or revocation of the direction, so as to make those orders conform to the variation or reflect the revocation.

(7) The revocation or variation of a direction under subsection (6) above shall not affect the validity of anything done in pursuance of an order before the giving of the further direction or any obligation or liability accrued or incurred before the giving of the further direction.

(8) Schedule 14 to this Act shall have effect with respect to the procedure on an application for an order under this section and with respect to the payment of compensation where such an order has been made.

(9) The period for which--

(a) an authorisation given by or under an order under this section;

(b) a prohibition or limitation imposed by or under any such order; or

has effect shall expire before the end of the period of six months beginning with the day on which the order comes into operation unless that period of six months is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power to amend the order; and that power shall not be exercised so as to extend that period of six months beyond the end of the period of one year beginning with that day.

132 Emergency drought orders

(1) If the Secretary of State--

(a) is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened; and

(b) is further satisfied that the deficiency is such as to be likely to impair the economic or social well-being of persons in the area,

then, subject to the following provisions of this section and section 133 below, he may by order made by statutory instrument make such provision authorised by this section as appears to him to be expedient with a view to meeting the deficiency.

(2) The power to make an order under this section in relation to any area shall not be exercisable except where an application is made to the Secretary of State--

(a) by the Authority; or

(b) by a water undertaker which supplies water to premises in that area.

(3) An order made under this section on the application of the Authority may contain any of the provisions which could be included, by virtue of subsection (3) of section 131 above, in an order under that section.

(4) An order made under this section on the application of a water undertaker may contain any of the following provisions, that is to say--

(a) any provision which could be included, by virtue of subsection (4) of section 131 above, in an order under that section, except provision authorised by paragraph (b) of that subsection;

(b) provision authorising the water undertaker to prohibit or limit the use of water for such purposes as the water undertaker thinks fit;

(c) provision authorising the water undertaker to supply water in its area or in any place within its area by means of stand-pipes or water tanks, and to erect or set up and maintain stand-pipes or water tanks in any street in that area.

(5) The following provisions apply where an order under this section contains a provision authorising a water undertaker to prohibit or limit the use of water, that is to say--

(a) the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;

(ii) send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply;

(6) Where powers have been conferred by an order under this section on any person--

(a) the Secretary of State may give to that person such directions as he considers necessary or expedient as to the manner in which, or the circumstances in which, any of those powers is or is not to be exercised;

(b) it shall be the duty of that person to comply with any such direction; and

(c) where that person is a water undertaker or sewerage undertaker, the duty to comply with any such direction shall be enforceable under section 20 above by the Secretary of State.

(7) The giving of a direction under subsection (6) above in relation to any power shall not affect the validity of anything done in the exercise of that power before the giving of the direction or any obligation or liability incurred before the giving of the direction.

(8) Any works to be carried out under the authority of an order under this section shall be included in the definition of emergency works in section 39(1) of the [1950 c. 39.] Public Utilities Street Works Act 1950.

(9) Schedule 14 to this Act shall have effect with respect to the procedure on an application for an order under this section and with respect to the payment of compensation where such an order has been made.

(10) The period for which--

(a) an authorisation given by or under an order under this section;

(b) a prohibition or limitation imposed by or under any such order; or

has effect shall expire before the end of the period of three months beginning with the day on which the order comes into operation unless that period of three months is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power to amend the order; and that power shall not be exercised so as to extend that period of three months beyond the end of the period of five months beginning with that day.

133 Provisions supplemental to powers conferred by sections 131 and 132

(1) Any drought order which--

(a) authorises the taking of water from a source from which water is supplied to an inland navigation; or

(b) suspends or modifies--

(i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

(ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

may include provision for prohibiting or imposing limitations on the taking of water from the inland navigation or for the suspension or modification of any obligation to which a navigation authority are subject as respects the discharge of water from the inland navigation.

(2) A prohibition or limitation by or under a drought order on the taking of water from any source may be imposed so as to have effect in relation to a source from which a person to whom the prohibition or limitation applies has a right to take water whether by virtue of an enactment or instrument, an agreement or the ownership of land.

(3) Where a drought order made on the application of a water undertaker confers power on the Authority--

(a) to prohibit or limit the taking of water from any source; or

(b) to suspend or vary, or attach conditions to, any consent for the discharge of any effluent,

the Authority shall exercise that power in such manner as will ensure, so far as reasonably practicable, that the supplies of water available to the water undertaker are not seriously affected.

(4) Where--

(a) any drought order confers power on the Authority to suspend or vary, or attach conditions to, any consent for the discharge of any effluent; and

(b) the Authority exercises that power so as to restrict the discharge of effluent by a sewerage undertaker,

the sewerage undertaker may so modify any consents or agreements relating to the discharge by other persons of trade effluent as to enable it to comply with any requirements or conditions imposed on it by or under the order with respect to discharges from sewers or works of the undertaker.

(5) A drought order may authorise the Authority or a water undertaker, subject to any conditions and restrictions specified in the order, to execute any works required for the performance of any duty or the exercise of any power which is imposed or conferred by or under the order and--

(a) may authorise the Authority or that undertaker for that purpose to enter upon any land specified in the order and to occupy and use the land to such extent and in such manner as may be requisite for the execution and maintenance of the works; and

(b) may apply in relation to the execution of the works such of the provisions of Part IV of this Act as appear to the Secretary of State to be appropriate, subject to such modifications as may be specified in the order.

(6) The Secretary of State shall include in any drought order authorising the Authority or a water undertaker to enter any land provisions requiring the Authority or that undertaker to give to the occupier of the land and to such other persons concerned with the land as may be specified in the order not less than twenty-four hours' notice of any intended entry.

(7) A drought order may--

(a) make provision corresponding to sections 178 and 179 below in relation to any provisions of the order authorising any person to enter any land;

(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(8) Nothing in any drought order shall affect the right of the Authority, a water undertaker or a sewerage undertaker, in the event of an interruption or diminution of the supply of water, to recover any fixed or minimum charge which might have been recovered from any person by the Authority or that undertaker if there had been no such interruption or diminution.

134 Offences against drought orders

(1) If any person--

(a) takes or uses water in contravention of a prohibition or limitation imposed by or under any drought order or takes or uses water otherwise than in accordance with any condition or restriction so imposed; or

(b) discharges water otherwise than in accordance with any condition or restriction imposed by or under such an order,

he shall be guilty of an offence under this section.

(2) If any person--

(a) fails to construct or maintain in good order a gauge, weir or other apparatus for measuring the flow of water which he was required to construct or maintain by any drought order; or

(b) fails to allow some person authorised for the purpose by or under any such order to inspect and examine any such apparatus or any records made thereby or kept by that person in connection therewith or to take copies of any such records,

he shall be guilty of an offence under this section.

(3) In any proceedings against any person for an offence under this section it shall be a defence for that person to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) A person who is guilty of an offence under this section shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

135 Interpretation of provisions relating to drought orders

(1) In sections 131 to 134 above and Schedule 14 to this Act--

"compensation water" means water which a water undertaker or the Authority is under an obligation to discharge--
(a)
in accordance with the provisions of a licence under the [1963 c. 38.] Water Resources Act 1963, into a source of supply (within the meaning of that Act); or
(b)
under any local statutory provision, into any river, stream, brook or other running water or into a canal;
"drought order" means an order under section 131 or 132 above;
"inland navigation" includes any canal or navigable river;
"sewage effluent" and "trade effluent" have the same meanings as in Chapter I of this Part.

(2) In sections 131 to 134 above and Schedule 14 to this Act--

(a) references to the taking of water include references to the collection, impounding, diversion or appropriation of water; and

(b) references to an obligation or to a restriction include references to an obligation or, as the case may be, to a restriction which is imposed by or under any enactment or agreement.

Chapter III Flood Defence

136 Flood defence functions of the Authority

(1) Subject to subsection (3) below, the Authority shall in relation to England and Wales exercise a general supervision over all matters relating to flood defence and, for the purpose of carrying out its functions in relation to flood defence, shall from time to time carry out surveys of the areas in relation to which it carries out those functions.

(2) Schedule 15 to this Act shall have effect for transferring the functions of water authorities relating to flood defence to the Authority and for making amendments of the [1976 c. 70.] Land Drainage Act 1976 (in this Chapter referred to as "the 1976 Act"), including amendments consequential on the following provisions of this Chapter.

(3) Without prejudice to any scheme for the appointment of local flood defence committees and subject to subsection (4) below, the Authority shall arrange for all its functions under the 1976 Act relating to flood defence to be carried out by regional flood defence committees established under section 137 below, so that those functions of the Authority are carried out--

(a) in relation to the area of each regional flood defence committee, by the committee for that area; and

(b) in cases involving the areas of more than one regional flood defence committee, by such committee, or jointly by such committees, as may be determined in accordance with arrangements made by the Authority.

(4) The Authority shall not make arrangements for the carrying out by any other body, or by any committee, of any of its functions with respect to--

(a) the issuing of levies (within the meaning of the [1988 c. 41.] Local Government Finance Act 1988); or

(b) the making of drainage charges under the 1976 Act;

and nothing in this section shall enable the Authority to authorise any such other body or any committee to borrow money for purposes connected with the Authority's functions relating to flood defence.

(5) The Authority may give a regional flood defence committee a direction of a general or specific character as to the carrying out of any function relating to flood defence, other than one of their internal drainage functions, so far as the carrying out of that function appears to the Authority likely to affect materially the Authority's management of water for purposes other than flood defence; and a regional flood defence committee shall comply with any direction under this subsection.

(6) The Authority shall maintain a principal office for the area of each regional flood defence committee.

(7) The functions of the Authority by virtue of this Chapter extend to the territorial sea adjacent to England and Wales in so far as--

(a) the area of any regional flood defence committee includes any area of that territorial sea; or

(b) section 17(2) or (3) of the 1976 Act (works in the sea and in estuaries) provides for the exercise of any power in the territorial sea;

and where under the said section 17(2) or (3) any function of the Authority falls to be carried out at a place beyond the seaward boundaries of the area of any regional flood defence committee, that place shall be assumed for the purposes of this Chapter and that Act to be within the area of the regional flood defence committee to whose area the area of sea where that place is situated is adjacent.

(8) Where the functions of any water authority immediately before the transfer date include, by virtue of any local statutory provision, any functions relating to flood defence--

(a) those functions shall become functions of the Authority on that date; and

(b) subject to the power conferred by section 191 below, the local statutory provisions relating to the functions transferred by this subsection and everything done by or in relation to a water authority under any such provision shall have effect, so far as may be necessary for the purposes of, or in connection with, the transfer of functions under this subsection, as if--

(i) any reference in any such provision to a water authority were a reference to the Authority; and

(ii) any such thing had been done by or in relation to the Authority.

(9) In this section--

"flood defence" means the drainage of land (within the meaning of the 1976 Act) and the provision of flood warning systems;
"internal drainage functions" means the functions of the Authority under sections 10 to 16, 68(1) to (4) and (7) to (9), 69(2), (3) and (6), 84 and 86(1) of the 1976 Act.

137 Establishment of regional flood defence committees

(1) There shall, in accordance with the following provisions of this section and section 138 below, be committees, to be known as regional flood defence committees, for the purpose of carrying out the functions which fall to be carried out by such committees by virtue of this Chapter (being functions corresponding to those which immediately before the transfer date were functions of regional land drainage committees).

(2) Subject to Schedule 16 to this Act (which makes provision for the alteration of the boundaries of and the amalgamation of the areas of regional flood defence committees), there shall be a regional flood defence committee for each of the areas for which there was a regional land drainage committee immediately before the transfer date (being the areas which immediately before that date were the areas of water authorities for land drainage purposes).

(3) Subject to subsection (4) below, a regional flood defence committee shall consist of the following, none of whom shall be a member of the Authority, that is to say--

(a) a chairman and a number of other members appointed by the appropriate Minister;

(b) two members appointed by the Authority;

(4) Subject to subsection (5) and section 138(1)(a) below, in the period beginning with the transfer date and ending with such day as the appropriate Minister may by order made by statutory instrument appoint for the purposes of this subsection, the regional flood defence committee for any area shall consist of--

(a) a chairman, being the person who, by reason of his appointment by the Secretary of State or the Minister, is the chairman of the regional land drainage committee for that area immediately before that date;

(b) every other person who, by reason of his appointment by the Secretary of State or the Minister, is a member of that regional land drainage committee immediately before that date;

(c) every person who, by reason of his appointment by or on behalf of any of the constituent councils of that regional land drainage committee, is a member of that committee immediately before that date; and

(d) two members appointed by the Authority;

and different days may be appointed for the purposes of this subsection in relation to different regional flood defence committees.

(5) A person who is the chairman or a member of a regional flood defence committee by virtue of paragraph (a), (b) or (c) of subsection (4) above shall hold and, subject to subsection (6) below, vacate office on the terms of the appointment mentioned in that paragraph; and where at any time in the period mentioned in subsection (4) above there is a vacancy in the chairmanship or membership of a regional flood defence committee, a person may be appointed to fill the vacancy--

(a) where the vacancy is in respect of a member appointed by the Authority, by the Authority;

(b) where the vacancy is in respect of a person who held or would have held office in respect of his appointment by or on behalf of any of the constituent councils of a regional land drainage committee (being either an appointment to that committee or an appointment by virtue of this subsection to the regional flood defence committee), by the council or councils which made that appointment; and

(6) A person who is the chairman or a member of a regional flood defence committee by virtue of paragraph (a), (b) or (c) of subsection (4) above shall not cease to be the chairman or a member of that committee by reason only of the expiration before the end of the period mentioned in that subsection of his term of office under the appointment mentioned in that paragraph; but, without prejudice to his eligibility for re-appointment, every person who on the day with which that period ends is the chairman or a member of a regional flood defence committee by virtue of that subsection or subsection (5) above shall cease to be the chairman or, as the case may be, such a member of that committee at the end of that period.

(7) In appointing a person to be the chairman or a member of a regional flood defence committee under subsection (3)(a) or (c) or (5)(b) or (c) above, the appropriate Minister or, as the case may be, a constituent council shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee.

(8) Subject to the preceding provisions of this section, Schedule 1 to the 1976 Act (members and proceedings of regional land drainage committees) shall have effect in relation to regional flood defence committees as it had effect immediately before the transfer date in relation to regional land drainage committees.

(9) In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), there shall be inserted (at the appropriate place) the following entry--

" Chairman of a regional flood defence committee for any area of England and Wales. "

(10) For the purposes of this Chapter and the 1976 Act the councils of every county, metropolitan district or London borough any part of which is in the area of a regional flood defence committee shall be the constituent councils for the regional flood defence committee for that area, and the Common Council of the City of London shall be a constituent council for the regional flood defence committee for any area which comprises any part of the City.

(11) In this section and section 138 below "the appropriate Minister"--

(a) in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales, means the Secretary of State; and

(b) in relation to any other regional flood defence committee, means the Minister.

138 Composition of regional flood defence committees

(1) Subject to the following provisions of this section and to any order under Schedule 16 to this Act amalgamating the areas of any two or more regional flood defence committees, on and after the transfer date--

(a) the total number of members of the regional flood defence committee for any area shall be the number which, whether under section 2 of the 1976 Act or by virtue of any determination or order made under that section, was for the purposes of that section the total number of members of the regional land drainage committee for that area immediately before that date; and

(b) the number of members to be appointed to a regional flood defence committee for any area by or on behalf of each of the constituent councils or, as the case may be, jointly by or on behalf of more than one of them shall be the number which, whether under section 3 of that Act or by virtue of an order made under that section, was the number to be appointed to the regional land drainage committee for that area by that council or those councils immediately before that date.

(2) The Authority may, in accordance with the following provisions of this section, from time to time make a determination varying the total number of members of a regional flood defence committee; but that number shall be not less than eleven and, except where an order under subsection (4) below otherwise provides, not more than seventeen.

(3) The Authority shall submit any determination under subsection (2) above to the appropriate Minister; and any determination by the Authority under subsection (2) above that a regional flood defence committee should consist of more than seventeen members shall be provisional and shall take effect only if the appropriate Minister makes an order under subsection (4) below.

(4) If the Authority submits a provisional determination to the appropriate Minister with respect to any regional flood defence committee and he considers that the committee should consist of more than seventeen members, he may by order made by statutory instrument--

(a) confirm it; or

(b) substitute for the number of members determined by the Authority some other number not less than seventeen.

(5) Subject to the following provisions of this section, whenever--

(a) the total number of members of a regional flood defence committee is varied under this section; or

(b) the appropriate Minister considers it necessary to make an order under this subsection in consequence of--

(i) the effect in relation to the whole or any part of the area of any regional flood defence committee of any regulations under section 69(7) of the [1988 c. 41.] Local Government Finance Act 1988 (definition of relevant population); or

(ii) the alteration of the boundaries of the area of a regional flood defence committee,

the appropriate Minister shall by order made by statutory instrument specify, in relation to times after the coming into force of the variation, regulations or alteration, the number of members to be appointed to the committee by each of the constituent councils.

(6) An order under subsection (5) above shall be so framed that the total number of members appointed under section 137(3)(a) and (b) above is one less than the number of those appointed by or on behalf of constituent councils.

(7) For the purpose of determining for the purposes of subsection (5) above the number of persons to be appointed to a regional flood defence committee by or on behalf of each constituent council, the appropriate Minister--

(a) shall have regard to the relevant population of any relevant area of that council; and

(b) where, having regard to the proportion which that population bears to the aggregate of the relevant populations of the relevant areas of all the constituent councils--

(i) he considers it to be inappropriate that that council should appoint a member of the committee; or

(ii) he considers that one or more members should be appointed jointly by that council and one or more other constituent councils,

may include provision to that effect in the order.

(8) Where--

(a) the appointment of one or more members of a regional flood defence committee is, by virtue of subsection (1) above or an order under subsection (5) above, to be made jointly by more than one constituent council; and

(b) the councils by whom that appointment is to be made are unable to agree on an appointment,

the member or members in question shall be appointed by the appropriate Minister on behalf of those councils; and subsection (7) of section 137 above shall apply in relation to an appointment under this subsection as it applies in relation to an appointment under subsection (3)(a) of that section.

(9) In this section--

"member", in relation to a regional flood defence committee, includes the chairman of the committee;
"relevant area", in relation to a council which is a constituent council in relation to any regional flood defence committee, means so much of the council's area as is included in the area of the committee;
"relevant population" has the same meaning as it has for the purposes of section 69 of the [1988 c. 41.] Local Government Finance Act 1988 (precepted authorities).

139 Local flood defence schemes and local flood defence committees

(1) A scheme, to be known as a local flood defence scheme, may be made in accordance with section 4 of the 1976 Act--

(a) for the creation in the area of a regional flood defence committee of one or more districts, to be known as local flood defence districts; and

(b) for the constitution, membership, functions and procedure of a committee for each such district, to be known as the local flood defence committee for that district.

(2) Any local land drainage scheme which was made or continued in force under section 4 of the 1976 Act and which is in force immediately before the transfer date in relation to an area which becomes the area of a regional flood defence committee under this Chapter shall have effect on and after that date, and may be amended or revoked under that Act, as if it were a local flood defence scheme made in relation to the area of that committee; and, accordingly, subject to any such amendment or revocation--

(a) any local land drainage district created by that scheme and (however defined) in being immediately before that date shall be treated, on and after that date, as such a local flood defence district of the area of that regional flood defence committee as is defined by reference to the area of that local land drainage district; and

(b) any local land drainage committee created by that scheme for any such district and in being immediately before that date shall be treated, on and after that date, as the local flood defence committee for that district.

(3) Subject to subsection (4) below, section 5 of the 1976 Act (members and proceedings of local land drainage committees) shall have effect on and after the transfer date in relation to local flood defence committees as it had effect before that date in relation to local land drainage committees.

(4) For the purposes of subsection (3) above, any person who immediately before the transfer date is, by virtue of an appointment by a regional land drainage committee or any council, the chairman or a member of a local land drainage committee which becomes a local flood defence committee under this section shall be treated, on and after that date for the remainder of the period for which he would, under the terms of his appointment, have held office in relation to the local land drainage committee--

(a) as if he had been appointed to the local flood defence committee by the regional flood defence committee, or (as the case may be) by that council, on the same terms; and

(b) in the case of the chairman, as if he were a member of the regional flood defence committee.

(5) Without prejudice to his eligibility for re-appointment if he is a member of the regional flood defence committee, any person who on the day appointed for the purposes of subsection (4) of section 137 above in relation to any regional flood defence committee is, by virtue of subsection (4) above, the chairman of a local flood defence committee for a district in the area of that regional flood defence committee shall cease to be the chairman of that local flood defence committee at the end of that day.

(6) In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), there shall be inserted (at the appropriate place) the following entry--

" Chairman of a local flood defence committee for any district in England and Wales. "

140 Internal drainage districts and internal drainage boards

For the purposes of the drainage of land the internal drainage districts within the areas of the water authorities shall continue on and after the transfer date, in accordance with section 6 of the 1976 Act, as internal drainage districts within the areas of the regional flood defence committees; and for each such district there shall continue, in accordance with that section, to be a board known as an internal drainage board, which shall be a body corporate.

Chapter IV Salmon and Freshwater Fisheries

141 Functions of the Authority in relation to fisheries

(1) It shall be the duty of the Authority--

(a) to maintain, improve and develop salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries;

(b) to establish and maintain advisory committees of persons who are not members of the Authority but appear to it to be interested in any such fisheries in the different parts of the area mentioned in subsection (4) below; and

(c) to consult those committees as to the manner in which the Authority is to perform its duty under paragraph (a) above.

(2) The duty to establish and maintain advisory committees imposed by paragraph (b) of subsection (1) above is a duty to establish and maintain--

(a) a regional advisory committee for each such region of the area mentioned in subsection (4) below as the Authority considers it appropriate for the time being to regard as a region of that area for the purposes of this section; and

(b) such local advisory committees as it considers necessary to represent the interests referred to in that paragraph in the different parts of each such region;

and it shall be the duty of the Authority in determining the regions for which regional advisory committees are established and maintained to ensure that one of those regions consists (apart from territorial waters) wholly or mainly of, or of most of, Wales.

(3) There shall be paid by the Authority--

(a) to the chairman of an advisory committee established and maintained under this section such remuneration and such travelling and other allowances; and

(b) to any other members of that committee such sums reimbursing them for loss of remuneration, for travelling expenses or for any other out-of-pocket expenses,

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