Water Act 1989 (c. 15)

(The document as of February, 2008)

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(a) for the words "within a drainage authority area" there shall be substituted the words "in England and Wales or in so much of the territorial sea adjacent to England and Wales as is included in the area of a regional flood defence committee"; and

(b) for the words "the drainage authority for the area" there shall be substituted the words "the National Rivers Authority or, in the case of waters within the district of an internal drainage board, that Authority or that board".

Section 89 of the 1976 Act

30 (1) In subsection (1) of section 89 of the 1976 Act (interpretation of Part IV), in the definition of "chargeable land", for the words "the area" there shall be substituted the words "the area of a regional flood defence committee".

(2) In subsection (2) of that section, for the words "a water authority area" there shall be substituted the words "the area of a regional flood defence committee".

Section 90 of the 1976 Act

31 In paragraph (a) of section 90(6) of the 1976 Act (grants to water authorities for the acquisition of land and rights over land), for the words from "conferred" to the end of the paragraph there shall be substituted the words "of the National Rivers Authority by virtue of the Water Act 1989 to acquire land by agreement or compulsorily".

Section 93 of the 1976 Act

32 In section 93(3) of the 1976 Act (notice of application for authority to execute drainage works to be given to persons including a drainage authority), for the words "any drainage authority having jurisdiction in any district or area" there shall be substituted the words "the National Rivers Authority and to the internal drainage board for any district".

Section 94 of the 1976 Act

33 In section 94(3)(d) of the 1976 Act (compensation for loss attributable to a scheme under section 11 of the 1976 Act), for the words "such water authority as may be" there shall be substituted the words "the National Rivers Authority if it is".

Section 100 of the 1976 Act

34 In section 100(1) of the 1976 Act (schemes for drainage of small areas), for the words "as it applies to a water authority" there shall be substituted the words "in relation to their area as it applies to the National Rivers Authority in relation to any such land as is mentioned in that section".

Section 109 of the 1976 Act

35 (1) In subsection (2) of section 109 of the 1976 Act (regulations and orders), for the words "section 46" there shall be substituted the words "section 28(1A), 29(2A), 46".

(2) In subsection (3) of that section, after "27," there shall be inserted "28(1A), 29(2A),".

Section 110 of the 1976 Act

36 In section 110(1)(c) of the 1976 Act (apportionment of expenses of local authorities), for the words "water authority area" there shall be substituted the word "county".

Section 112 of the 1976 Act

37 In section 112(2) of the 1976 Act (protection of certain undertakings), for paragraph (b) there shall be substituted the following paragraph--

" (b) the undertakings of the National Rivers Authority and of any water undertaker or sewerage undertaker; " .

Section 116 of the 1976 Act

38 In section 116(1) of the 1976 Act (general interpretation)--

(a) for the definition of "constituent council" there shall be substituted the following definition--

" "constituent council", in relation to a regional flood defence committee, has the meaning provided by section 137(10) of the Water Act 1989 and, in relation to a local flood defence committee, has the meaning provided by section 5(8) above; " ;

(b) for the definitions of "local land drainage committee", "local land drainage district" and "local land drainage scheme" there shall be substituted the following definitions--

" "local flood defence committee" has the meaning provided by section 139(1) of the Water Act 1989;

"local flood defence district" has the meaning (subject to section 89(2) above) provided by section 139(1) of the said Act of 1989;

"local flood defence scheme" has the meaning provided by section 139(1) of the said Act of 1989; " .

Schedule 1 to the 1976 Act

39 (1) Schedule 1 to the 1976 Act (members and proceedings of regional and local land drainage committees) shall be amended as follows.

(2) In paragraph 5 (vacation of office upon the happening of certain events), for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph--

" (a) is adjudged bankrupt, is a person whose estate is sequestrated or makes a composition or arrangement with, or grants a trust deed for, his creditors; or " .

(3) In paragraph 8 (disqualification for appointment as a member of a committee)--

(a) for paragraph (b) of sub-paragraph (1) there shall be substituted the following paragraph--

" (b) is a person who has been adjudged bankrupt, or whose estate has been sequestrated or who has made a composition or arrangement with, or granted a trust deed for, his creditors; or " ;

(b) after sub-paragraph (2) there shall be inserted the following sub-paragraph--

" (2A) Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease--

(a) unless the sequestration is recalled or reduced, on the person's discharge under section 54 of the Bankruptcy (Scotland) Act 1985; and

(b) if the sequestration is recalled or reduced, on the date of the recall or reduction. "

(c) in sub-paragraph (3), after the words "arrangement with" there shall be inserted the words "or having granted a trust deed for" and after the word "arrangement", in the second place where it occurs, there shall be inserted the words "or of the trust deed".

(4) In paragraph 10 (payments to members of committees of amounts determined by the appropriate Minister)--

(a) in sub-paragraph (1), for the words from "not being" to "committees" there shall be substituted the words "is a chairman of a regional flood defence committee or of a local flood defence committee";

(b) in sub-paragraph (2), for the words "the regional" there shall be substituted the words "a regional";

(c) in sub-paragraph (3), for the words from "not being" to "committees" there shall be substituted the words "is a member of a regional flood defence committee or of a local flood defence committee"; and

(d) in sub-paragraph (4), for the definition of "the appropriate Minister" there shall be substituted the following definition--

" "the appropriate Minister" means--

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

(b) in relation to any other regional flood defence committee or local flood defence committee, the Minister; " .

(5) For paragraph 14 (proceedings) there shall be substituted the following paragraph--

" 14 A regional flood defence committee or a local flood defence committee may, with the approval of the appropriate Minister (within the meaning of paragraph 10 above), make rules for regulating the proceedings of the committee; and nothing in section 136 of the Water Act 1989 shall entitle the National Rivers Authority to make any arrangements or give any directions for regulating the proceedings of any such committee. "

(6) In paragraph 15 (disqualification for paid office of water authority), for the words from "water authority's" onwards there shall be substituted the words "regional flood defence committee or a local flood defence committee, be disqualified from being appointed to any paid office by the National Rivers Authority or by any regional flood defence committee other than the office of chairman of a local flood defence committee."

(7) For paragraph 16 (interpretation) there shall be substituted the following paragraph--

" 16 In this Schedule--

(a) any reference to a member of a committee shall include a reference to the chairman of that committee; and

(b) any reference to an officer of a regional or local flood defence committee shall be construed as a reference to an officer of the National Rivers Authority. "

Schedule 2 to the 1976 Act

40 (1) In paragraph (b) of the proviso to paragraph 3 of Schedule 2 to the 1976 Act (termination of office of members of a board), for the words "becomes bankrupt or makes a composition or arrangement with" there shall be substituted the words "is adjudged bankrupt, or his estate is sequestrated, or he makes a composition or arrangement with, or grants a trust deed for,".

(2) In paragraph 6 of that Schedule (disqualification), after the word "with" there shall be inserted the words "or granted a trust deed for".

Schedule 4 to the 1976 Act

41 In Schedule 4 to the 1976 Act (byelaws made by drainage authorities)--

(a) in paragraphs 1 and 11, for the words "a drainage authority" there shall be substituted the words "an internal drainage board"; and

(b) in paragraphs 2 to 6, 8 to 10 and 11(a), for the word "authority", in each place where it occurs, there shall be substituted the words "internal drainage board".

Section 137.

SCHEDULE 16 Boundaries of Regional Flood Defence Areas

Power to make order

1 (1) The appropriate Minister may by order made by statutory instrument alter the boundaries of the area of any regional flood defence committee or provide for the amalgamation of any two or more such areas.

(2) Where an order under this Schedule makes provision by reference to anything shown on a main river map (within the meaning of the 1976 Act) that map shall be conclusive evidence for the purposes of the order of what is shown on the map.

(3) The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the appropriate Minister considers appropriate.

(4) In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees, the provision made by virtue of sub-paragraph (3) above may include provision determining the total number of members of the amalgamated committee and the total number of such members to be appointed by the constituent councils of that committee; and subsections (6) and (7) of section 138 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section.

(5) In this Schedule "the appropriate Minister" --

(a) in relation--

(i) to any alteration of the boundaries of an area where the whole or any part of that area is in Wales; or

(ii) to the amalgamation of any two or more areas where the whole or any part of any one of those areas is in Wales,

means the Secretary of State and the Minister acting jointly; and

(b) in any other case, means the Minister.

Consultation and notice of intention to make order

2 (1) Before making an order under this Schedule, the appropriate Minister shall--

(a) consult such persons or representative bodies as he considers it appropriate to consult at that stage;

(b) prepare a draft order;

(c) publish a notice complying with sub-paragraph (2) below in the London Gazette and in such other manner as he considers appropriate for bringing the draft order to the attention of persons likely to be affected by it if it is made.

(2) A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall--

(a) state the appropriate Minister's intention to make the order and its general effect;

(b) specify the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette; and

(c) state that any person may within that period by notice in writing to the appropriate Minister object to the making of the order.

(3) The appropriate Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.

Objections to draft order and making of order

3 (1) Before making an order under this Schedule, the appropriate Minister shall consider any representations or objections which are duly made with respect to the draft order and are not withdrawn, and may, if he thinks fit, cause a local inquiry to be held with respect to any such representations or objections.

(2) Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the appropriate Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order.

(3) The appropriate Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.

Procedure for making of order

4 (1) Where the appropriate Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) on whom notice is required to have been served under paragraph 2(3) above and who has duly made an objection to the making of the order that has not been withdrawn.

(2) Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph.

(3) If before an order takes effect under sub-paragraph (2) above--

(a) any person who has been served with a notice under sub-paragraph (1) above with respect to that order serves notice objecting to the order on the Minister (or, in the case of an order made jointly by the Minister and the Secretary of State, on either of them); and

(b) the objection is not withdrawn,

the order shall be subject to special parliamentary procedure.

(4) A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notice after making of order

5 (1) Subject to sub-paragraph (2) below, after making an order under this Schedule, the appropriate Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice stating that the order has been made and naming the places where a copy of the order may be inspected at all reasonable times.

(2) In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice shall not be published until the end of the period of twenty-eight days referred to in that sub-paragraph, and shall state whether or not the order is to be subject to special parliamentary procedure.

Questioning of order in courts

6 (1) Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground--

(a) that it is not within the powers of this Schedule; or

(b) that any requirement of this Schedule has not been complied with,

he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court.

(2) On an application under this paragraph the High Court, if satisfied--

(a) that the order is not within the powers of this Schedule; or

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the requirements of this Schedule,

may quash the order either generally or in so far as it affects the applicant.

(3) Sub-paragraph (1) above shall not apply to any order which is confirmed by Act of Parliament under section 6 of the [1945 c. 18. (9 & 10 Geo. 6)] Statutory Orders (Special Procedure) Act 1945 and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if the reference to the date of the first publication of the notice required by paragraph 5 above were a reference to the date on which the order becomes operative under the said Act of 1945.

(4) Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

Section 141.

SCHEDULE 17 Transfer of Fisheries Functions to the Authority

General modifications of references to water authorities

1 (1) Subject to the following provisions of this Schedule and to any repeal made by this Act, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed and whether or not in relation to an area) to any one or more water authorities, or to a particular water authority, shall have effect on and after the transfer date as if that reference were a reference to the Authority.

(2) Subject as aforesaid, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed) to the area of a water authority shall have effect on and after the transfer date as if that reference were a reference--

(a) in the case where the provision is contained in a local statutory provision or in subordinate legislation and the reference is in relation to a particular water authority, to the area which, immediately before the transfer date, was the area of that authority for the purposes of their functions relating to fisheries; and

(b) in any other case, to the whole area in relation to which the Authority carries out its functions relating to fisheries.

(3) Subject as aforesaid, any function of a Minister of the Crown under any provision to which this paragraph applies or under the [1937 c. 33.] Diseases of Fish Act 1937 shall, in so far as immediately before the transfer date it is exercisable by different Ministers according to the water authority or water authority area in relation to which it is exercised, be exercisable on and after that date concurrently by the Minister of Agriculture, Fisheries and Food and by the Secretary of State; and references in any enactment (including a reference inserted by this Act) to a Minister, so far as they have effect for the purposes of, or in connection with, the exercise of any function under a provision to which this paragraph applies or the said Act of 1937, shall have effect accordingly.

(4) The provisions to which this paragraph applies are the provisions of--

(a) the [1966 c. 38.] Sea Fisheries Regulation Act 1966;

(b) the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975; and

(c) any local statutory provision or subordinate legislation which is in force immediately before the transfer date and--

(i) relates to the carrying out by a water authority of any function relating to fisheries; or

(ii) in the case of subordinate legislation, was made by virtue of any provision to which this paragraph applies or under the Diseases of Fish Act 1937.

(5) The modifications made by this paragraph shall be subject to any power by subordinate legislation to revoke or amend any provision to which this paragraph applies; and, accordingly, any such power, including the powers conferred by section 191 of this Act and paragraph 2 below, shall be exercisable so as to exclude the operation of this paragraph in relation to the provisions in relation to which the power is conferred.

Power to amend subordinate legislation etc

2 (1) If it appears to the Minister or the Secretary of State to be appropriate to do so for the purposes of, or in consequence of, the coming into force of any provision of this Schedule, he may by order revoke or amend any subordinate legislation.

(2) An order under this paragraph may--

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

(b) contain such supplemental, consequential and transitional provision as the Minister or the Secretary of State considers appropriate.

(3) The power conferred by virtue of this paragraph in relation to subordinate legislation made under any enactment shall be without prejudice to any other power to revoke or amend subordinate legislation made under that enactment, but--

(a) no requirement imposed with respect to the exercise of any such other power shall apply in relation to any revocation or amendment of that legislation by an order under this paragraph; and

(b) the power to make an order under this paragraph shall be exercisable (instead of in accordance with any such requirement) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

The Diseases of Fish Act 1937 (c. 33)

3 (1) In the Diseases of Fish Act 1937, the words "water authority", wherever they occur, and any reference which in England and Wales falls to be construed as a reference to a water authority shall have effect--

(a) in relation to the area which by virtue of subsection (4) of section 141 of this Act is the area in relation to which the Authority carries out functions under the said Act of 1937, as a reference to the Authority;

(b) in relation to the area comprising the districts of district salmon fishery boards (within the meaning of the [1986 c. 62.] Salmon Act 1986), as a reference to any such board; and

(c) in relation to the River Tweed (as defined in that subsection), as a reference to the council constituted under section 6 of the [1969 c. xxiv.] Tweed Fisheries Act 1969;

and references to an area, in relation to the Authority, any such board or that council, shall have effect as references to the area so described, to the district of that board or, as the case may be, to the River Tweed (as so defined).

(2) In section 8(3) of the said Act of 1937 (offences in relation to the Esk), for the words "North West Water Authority" there shall be substituted the words "National Rivers Authority".

(3) Nothing in this paragraph or in the said Act of 1937 shall authorise the Authority to take legal proceedings in Scotland in respect of any offence.

The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26)

4 In section 15 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (power of Secretary of State to obtain information)--

(a) for paragraph (b) of subsection (1) there shall be substituted the following paragraph--

" (b) to make orders requiring any proprietor or occupier of a salmon fishery to furnish him with such statistics relating to salmon or to fishing for salmon as he may specify, in such form and at such times as he may specify; and he may make different provision for different cases, including different provision in relation to different persons, circumstances or areas; and " ;

(b) after subsection (2), there shall be added the following subsection--

" (3) The power under this section to make orders shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. "

The Sea Fisheries Regulation Act 1966 (c. 38)

5 (1) The provisions of section 1 of the Sea Fisheries Regulation Act 1966 (establishment of fisheries committees) which provide that an order under that section modifying a previous such order is to be made only on such an application and after such consultation as is mentioned in that section shall not apply to an order under that section which contains a statement that the only provision made by the order is provision which appears to the Minister making the order to be appropriate in consequence of any of the provisions of this Act.

(2) In section 2(2) of that Act (constitution of local fisheries committee), for the words from "each" to "committee" there shall be substituted the words "the National Rivers Authority".

(3) In section 18(3) of that Act (provision where a water authority or harbour authority have the powers of a local fisheries committee), for the words from "section 36(3)" to "authority)" there shall be substituted the words "section 186 of the Water Act 1989 (procedure relating to byelaws made by the National Rivers Authority)".

The Sea Fish (Conservation) Act 1967 (c. 84)

6 In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)--

(a) for the words from "for the purposes" to the beginning of paragraph (a) there shall be substituted the words "are included in the area which by virtue of subsection (4) of section 141 of the Water Act 1989 is the area in relation to which the National Rivers Authority carries out functions relating to fisheries under the Salmon and Freshwater Fisheries Act 1975 or on landing salmon or migratory trout"; and

(b) for paragraph (b) there shall be substituted the following paragraph--

" (b) the provisions of section 147 and, in relation to that section, sections 178 and 179 of the Water Act 1989 (which confer powers of entry) shall apply as if section 4 of this Act, and any order under section 5 or 6 of this Act, were an enactment to which the said section 147 applies. "

The Salmon and Freshwater Fisheries Act 1975 (c. 51)

7 (1) The Salmon and Freshwater Fisheries Act 1975 shall be amended as follows.

(2) In section 5(5), for paragraph (c) (exemption from section 31(1)(a) of the [1974 c. 40.] Control of Pollution Act 1974) there shall be substituted the following paragraph--

" (c) section 107(1)(a) of the Water Act 1989; " .

(3) In section 6(3) (definition of "unauthorised fixed engine"), at the end of paragraph (c) there shall be inserted the words " or

(d) a fixed engine which is placed and used by the National Rivers Authority with the consent of, or in accordance with a general authorisation given by, the Minister or the Secretary of State. "

(4) In section 21(2)(b) (authorisation required in certain cases for eel fishing to be given with the consent of the Minister), the words "with the consent of the Minister" shall be omitted.

(5) In section 25(2) (licences to fish), for the words "of a description, in an area and for a period" there shall be substituted the words "of such a description, in such area or areas and for such period as is".

(6) In section 26(1) (limitation of fishing licences)--

(a) after the word "may", in the first place where it occurs, there shall be inserted the words "in relation to any such area or areas as are specified in the order,"; and

(b) in paragraph (a), for the words "any part of their area" there shall be substituted the words "that area or those areas".

(7) In section 28 (general powers and duties of water authorities and Minister)--

(a) in subsection (3), for the words from "by", in the first place where it occurs, onwards there shall be substituted the words " on an application made to him by the National Rivers Authority, by order made by statutory instrument make provision in relation to an area defined by the order--

(a) for the imposition on the owners and occupiers of fisheries in that area of requirements to pay contributions to that Authority of such amounts as may be determined under the order in respect of the expenses of the carrying out in relation to that area of that Authority's functions with respect to fisheries;

(b) for such contributions to be paid or recovered in such manner and to be refundable in such circumstances as may be specified in or determined under the order;

(c) for the modification, in relation to the fisheries in that area, of any provisions of this Act relating to the regulation of fisheries or of any provisions of a local Act relating to any fishery in that area;

and an order under this subsection may contain such supplemental, consequential and transitional provision, including provision for the payment of compensation to persons injuriously affected by the order, as may appear to be necessary or expedient in connection with the other provisions of the order. " ; and

(b) in subsection (8), for the words "Section 36(3) of the Water Act 1973 and Schedule 7" there shall be substituted the words "Section 186 of the Water Act 1989 and Schedule 24".

(8) In section 32(1) (power of water bailiffs and other persons to enter lands), for the words "waters within a water authority area" there shall be substituted the words "any waters".

(9) In section 35 (power to require production of fishing licences)--

(a) in subsection (1), for the words "in a water authority area" there shall be substituted the words "in any area";

(b) in subsection (2), for the words "water authority area" there shall be substituted the word "area";

(c) in subsection (3), for the words "the office of the water authority" there shall be substituted the words "the appropriate office of the National Rivers Authority"; and

(d) after subsection (3) there shall be inserted the following subsection--

" (4) In subsection (3) above, "the appropriate office of the National Rivers Authority" means--

(a) in a case where the person requiring the production of the licence or other authority specifies a particular office of the National Rivers Authority for its production, that office; and

(b) in any other case, any office of that Authority;

and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of that Authority that licence or other authority shall be treated as produced by that person at that office. "

(10) In section 39(5) (no power to bring criminal proceedings in Scotland), after the words "this section" there shall be inserted the words "or the Water Act 1989".

(11) In section 41(1) (interpretation), in the definition of "authorised officer", the words "acting within the water authority area" shall be omitted.

(12) In paragraph 1 of Schedule 1 (close seasons and close times), for the words "their area or the respective parts of it" there shall be substituted the words "the respective parts of the area in relation to which the National Rivers Authority carries out its functions under this Act".

(13) In Schedule 2 (duty on licences)--

(a) in paragraph 3 (notice of intention to increase duties), at the end of the paragraph there shall be inserted the words "and such a notice shall set out the amount of any duty as proposed to be fixed or altered.";

(b) for paragraph 6 (fixing or alteration to take effect from the beginning of the following year) there shall be substituted the following paragraph--

" 6 Where the fixing or alteration of any duty takes effect under this Schedule at any time, no alteration or, as the case may be, further alteration of that duty shall so take effect within the period of twelve months beginning with that time. "

(14) In Schedule 3 (administration)--

(a) for paragraph 7 there shall be substituted the following paragraph--

" 7 Before he makes an order the Minister shall--

(a) send to the National Rivers Authority a copy of the draft order; and

(b) notify the Authority of the time within which, and the manner in which, objections to the draft order may be made to him;

and the Minister shall not make an order unless the Authority has caused notice of the Minister's intention to make the order, of the place where copies of the draft order may be inspected and obtained and of the matters notified under sub-paragraph (b) above to be published in the London Gazette and, if it is directed to do so by the Minister, in such other manner as the Minister thinks best adapted for informing persons affected. "

(b) for paragraphs 9 to 11 (orders subject to special parliamentary procedure, etc.) there shall be substituted the following paragraph--

" 9 A statutory instrument containing an order shall be subject to annulment in pursuance to a resolution of either House of Parliament; and, where a statutory instrument is laid before Parliament for the purposes of this paragraph, a copy of the report of any local inquiry held with respect to objections considered in connection with the making of the order contained in that instrument shall be so laid at the same time. " ;

(c) in paragraph 21A (byelaws with respect to fixed engines), after the word "not" there shall be inserted the words "without the consent of the local fisheries committee in question" ;

(d) for paragraph 32 (returns to be made by persons fishing), there shall be substituted the following paragraph--

" 32 Requiring persons to send to the National Rivers Authority returns, in such form, giving such particulars and at such times as may be specified in the byelaws, of the period or periods during which they have fished for salmon, trout, freshwater fish or eels, of whether they have taken any and, if they have, of what they have taken. " ;

(e) in paragraph 37 (power of water authority to acquire certain interests etc.), for the words from "paragraph 2" to "water authority" there shall be substituted the words "section 145 of the Water Act 1989, the powers conferred on the National Rivers Authority by that section, by section 151 of that Act and by section 155 of that Act include power";

(f) in paragraph 38 (powers of water authorities), for the words "paragraph 2" there shall be substituted the words "section 145"; and

(g) in paragraph 39 (powers of water authorities)--

(i) in sub-paragraph (1), in the words before paragraph (a), for the words "paragraph 2" there shall be substituted the words "section 145"; and

(ii) in paragraph (a) of that sub-paragraph, for the words "the fisheries in their area" there shall be substituted the words "any fisheries".

(15) In paragraph 9 of Part II of Schedule 4 (disqualification of offenders)--

(a) the words "and is subsequently convicted of any such offence" shall be omitted;

(b) for the words "or for fishing in a water authority area" there shall be substituted the words "for having his name entered on a licence in pursuance of paragraphs 9 to 14 of Schedule 2 to this Act or for fishing (either in a particular area or generally)"; and

(16) Section 181 of this Act shall apply in relation to any local inquiry under the said Act of 1975 as it applies in relation to local inquiries under this Act.

The Diseases of Fish Act 1983 (c. 30)

8 In section 9(1)(d) of the Diseases of Fish Act 1983 (disclosure of information for the purpose of enabling a water authority to carry out their functions), for the words "a water authority to carry out any of their" there shall be substituted the words "the National Rivers Authority to carry out any of its".

The Salmon Act 1986 (c. 62)

9 (1) In section 37(3) of the Salmon Act 1986 (byelaws requiring consent of water authority), for the words from "the water" to "have" there shall be substituted the words "the National Rivers Authority has".

(2) In section 39(3) of that Act (areas in respect of which a review of certain salmon net fishing is to be made), the reference to the areas of the Yorkshire and Northumbrian water authorities shall be construed on and after the transfer date as a reference to the areas which, immediately before that date, were the areas of those authorities for the purposes of their functions relating to fisheries.

Section 151.

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