Water Resources Act 1991 (c. 57)

(The document as of February, 2008)

-- Back --

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

Water Resources Act 1991 (c. 57)

1991 CHAPTER 57

ARRANGEMENT OF SECTIONS

Content

Part I

Preliminary
1. I
  
  The National Rivers Authority
  1. 1. The National Rivers Authority.
  2. 2. The Authority's functions.
  3. 3. Incidental functions of the Authority.
  4. 4. Incidental general powers of the Authority.
  5. 5. Ministerial directions to the Authority.
2. II
  
  Committees with Functions in relation to the Authority
  1. Advisory committees
    1. 6. The advisory committee for Wales.
    2. 7. Regional rivers advisory committees.
    3. 8. Regional and local fisheries advisory committees.
  2. Flood defence committees
    1. 9. Continuance of regional flood defence committees.
    2. 10. Composition of regional flood defence committees.
    3. 11. Change of composition of regional flood defence committee.
    4. 12. Local flood defence schemes and local flood defence committees.
    5. 13. Composition of local flood defence committees.
    6. 14. Membership and proceedings of flood defence committees.
3. III
  
  General Duties
  1. 15. General duties with respect to the water industry.
  2. 16. General environmental and recreational duties.
  3. 17. Environmental duties with respect to sites of special interest.
  4. 18. Codes of practice with respect to environmental and recreational duties.
Part II

Water Resources Management
1. I
  
  General Management Functions
  1. 19. General management of resources by the Authority.
  2. 20. Water resources management schemes.
  3. 21. Minimum acceptable flows.
  4. 22. Directions to the Authority to consider minimum acceptable flow.
  5. 23. Minimum acceptable level or volume of inland waters.
2. II
  
  Abstraction and Impounding
  1. Restrictions on abstraction and impounding
    1. 24. Restrictions on abstraction.
    2. 25. Restrictions on impounding.
  2. Rights to abstract or impound
    1. 26. Rights of navigation, harbour and conservancy authorities.
    2. 27. Rights to abstract small quantities.
    3. 28. Curtailment of rights under section 27.
    4. 29. Rights to abstract for drainage purposes etc.
    5. 30. Notices with respect to borings not requiring licences.
    6. 31. Appeals against conservation notices under section 30.
    7. 32. Miscellaneous rights to abstract.
    8. 33. Power to provide for further rights to abstract.
  3. Applications for a licence
    1. 34. Regulations with respect to applications.
    2. 35. Restrictions on persons who may make applications for abstraction licences.
    3. 36. Application for combined abstraction and impounding licence.
    4. 37. Publication of application for licence.
  4. Consideration of licence applications
    1. 38. General consideration of applications.
    2. 39. Obligation to have regard to existing rights and privileges.
    3. 40. Obligation to take river flow etc. into account.
  5. Call-in of applications
    1. 41. Secretary of State's power to call in applications
    2. 42. Consideration of called-in applications.
  6. Appeals with respect to decisions on licence applications
    1. 43. Appeals to the Secretary of State.
    2. 44. Determination of appeals.
    3. 45. Regulations with respect to appeals.
  7. Form, contents and effect of licences
    1. 46. Form and contents of licences.
    2. 47. Holders of licence.
    3. 48. General effect of licence.
  8. Succession to licences
    1. 49. Succession to licences to abstract where person ceases to occupy the relevant land.
    2. 50. Succession where person becomes occupier of part of the relevant land.
  9. Modification of licences
    1. 59. Regulations with respect to modification applications.
  10. Remedies and compensation in respect of infringement of protected rights etc.
    1. 60. Liability of the Authority for derogation from protected right.
    2. 61. Compensation where licence modified on direction of the Secretary of State.
    3. 62. Compensation for owner of fishing rights applying under section 55.
    4. 63. Secretary of State to indemnify Authority in certain cases.
  11. Supplemental provisions of Chapter II
    1. 64. Abstracting and impounding by the Authority.
    2. 65. Licences of right.
    3. 66. Inland waters owned or managed by British Waterways Board.
    4. 67. Ecclesiastical property.
    5. 68. Provision for appeals and references to tribunal.
    6. 69. Validity of decisions of Secretary of State and related proceedings.
    7. 70. Civil liability under Chapter II.
    8. 71. Modification of local enactments.
    9. 72. Interpretation of Chapter II.
3. III
  
  Drought
  1. 73. Power to make ordinary and emergency drought orders.
  2. 74. Provisions and duration of ordinary drought order.
  3. 75. Provisions and duration of emergency drought order.
  4. 76. Provisions of drought order restricting use of water.
  5. 77. Provisions of drought order with respect to abstractions and discharges.
  6. 78. Works under drought orders.
  7. 79. Compensation and charges where drought order made.
  8. 80. Offences against drought order.
  9. 81. Interpretation of Chapter III.
Part III

Control of Pollution of Water Resources
1. I
  
  Quality Objectives
  1. 82. Classification of quality of waters.
  2. 83. Water quality objectives.
  3. 84. General duties to achieve and maintain objectives etc.
2. II
  
  Pollution Offences
  1. Principal offences
    1. 85. Offences of polluting controlled waters.
    2. 86. Prohibition of certain discharges by notice or regulations.
    3. 87. Discharges into and from public sewers etc.
    4. 88. Defence to principal offences in respect of authorised discharges.
    5. 89. Other defences to principal offences.
  2. Offences in connection with deposits and vegetation in rivers
    1. 90. Offences in connection with deposits and vegetation in rivers.
  3. Appeals in respect of consents under Chapter II
    1. 91. Appeals in respect of consents under Chapter II.
3. III
  
  Powers to Prevent and Control Pollution
  1. 92. Requirements to take precautions against pollution.
  2. 93. Water protection zones.
  3. 94. Nitrate sensitive areas.
  4. 95. Agreements in nitrate sensitive areas.
  5. 96. Regulations with respect to consents required by virtue of section 93 or 94.
  6. 97. Codes of good agricultural practice.
4. IV
  
  Supplemental Provisions with respect to Water Pollution
  1. 98. Radioactive substances.
  2. 99. Consents required by the Authority.
  3. 100. Civil liability in respect of pollution and savings.
  4. 101. Limitation for summary offences under Part III.
  5. 102. Power to give effect to international obligations.
  6. 103. Transitional pollution provisions.
  7. 104. Meaning of "controlled waters" etc. in Part III.
Part IV

Flood Defence
1. General
  1. 105. General functions with respect to flood defence.
  2. 106. Obligation to carry out flood defence functions through committees.
2. Main river functions
  1. 107. Main river functions under the Land Drainage Act 1991.
  2. 108. Schemes for transfer to the Authority of functions in relation to main river.
  3. 109. Structures in, over or under a main river.
  4. 110. Applications for consents and approvals under section 109.
3. Arrangements with certain authorities
  1. 111. Arrangements with navigation and conservancy authorities.
4. Supplemental
  1. 112. Flood defence regulations.
  2. 113. Interpretation of Part IV.
Part V

General Control of Fisheries
1. 114. General fisheries duty of the Authority.
2. 115. Fisheries orders.
3. 116. Power to give effect to international obligations.
Part VI

Financial provisions in relation to the Authority
1. I
  
  General Financial Provisions
  1. 117. General financial duties.
  2. 118. Special duties with respect to flood defence revenue.
  3. 119. Duties with respect to certain funds raised under local enactments.
  4. 120. Contributions between the Authority and certain other authorities.
  5. 121. Accounts of the Authority.
  6. 122. Audit.
2. II
  
  Revenue Provisions
  1. Water resources charges
    1. 123. Power to make scheme imposing water resources charges.
    2. 124. Approval of scheme under section 123.
    3. 125. Specific exemptions from water resources charges.
    4. 126. Agreements containing exemptions from charges.
    5. 127. Special charges in respect of spray irrigation.
    6. 128. Duration of agreement under section 127.
    7. 129. Directions and appeals with respect to exercise of powers under sections 127 and 128.
    8. 130. Charges in respect of abstraction from waters of British Waterways Board.
  2. Charges in connection with control of pollution
    1. 131. Power to make scheme of charges.
    2. 132. Approval of scheme under section 131.
  3. Levies by the Authority on local authorities
    1. 133. Power to authorise the Authority to issue levies.
  4. General drainage charges
    1. 134. Raising of general drainage charges.
    2. 135. Amount, assessment etc. of general drainage charge.
    3. 136. Determination of the relevant quotient.
  5. Special drainage charges
    1. 137. Special drainage charges in interests of agriculture.
    2. 138. Levying and amount of special drainage charge.
  6. Revenue from internal drainage boards
    1. 139. Contributions from internal drainage boards.
    2. 140. Appeals in respect of resolutions under section 139.
    3. 141. Precepts for recovery of contributions from internal drainage boards.
  7. Fisheries contributions
    1. 142. Fisheries contributions.
  8. Navigation tolls
    1. 143. Power of Authority to levy navigation tolls.
  9. Incidental power of the Authority to impose charges
    1. 144. Incidental power of the Authority to impose charges.
  10. Interpretation of Chapter II
    1. 145. Interpretation of Chapter II.
3. III
  
  Grants and Loans
  1. Grants to the Authority
    1. 146. Revenue grants.
    2. 147. Grants for drainage works.
    3. 148. Grants towards cost of flood warning systems.
    4. 149. Other grants in respect of exercise of powers under Part VII for drainage purposes.
    5. 150. Grants for national security purposes.
  2. Borrowing by the Authority
    1. 151. Borrowing powers of the Authority.
    2. 152. Loans to the Authority.
    3. 153. Treasury guarantees of the Authority's borrowing.
Part VII

Land and Works Powers
1. I
  
  Powers of the Authority
  1. Provisions in relation to land
    1. 154. Compulsory purchase etc.
    2. 155. Accretions of land resulting from drainage works.
    3. 156. Acquisition of land etc. for fisheries purposes.
    4. 157. Restriction on disposals of compulsorily acquired land.
  2. Works agreements for water resources purposes
    1. 158. Works agreements for water resources purposes.
  3. General pipe-laying powers
    1. 159. Powers to lay pipes in streets.
    2. 160. Power to lay pipes in other land.
  4. Anti-pollution works
    1. 161. Anti-pollution works and operations.
    2. 162. Other powers to deal with foul water and pollution.
  5. Powers to discharge water
    1. 163. Discharges for works purposes.
    2. 164. Consents for certain discharges under section 163.
  6. Flood defence and drainage works
    1. 165. General powers to carry out flood defence and drainage works.
    2. 166. Power to carry out works for purpose of providing flood warning system.
    3. 167. Power to dispose of spoil in connection with flood defence works.
  7. Compulsory works orders
    1. 168. Compulsory works orders.
2. II
  
  Powers of Entry
  1. 169. Powers of entry for enforcement purposes.
  2. 170. Power of entry for certain works purposes.
  3. 171. Power to carry out surveys and to search for water.
  4. 172. Powers of entry for other purposes.
  5. 173. Powers of entry: supplemental provisions.
  6. 174. Impersonation of persons exercising powers of entry.
3. III
  
  Provisions supplemental to Land and Works Powers
  1. Vesting of pipes in the Authority
    1. 175. Vesting of pipes in the Authority.
  2. Offence of interference with works etc.
    1. 176. Offence of interference with works etc.
  3. Compensation etc. in respect of exercise of works powers
    1. 177. Compensation etc. in respect of exercise of works powers.
  4. Protective provisions
    1. 178. Protection for particular undertakings.
    2. 179. Protective provisions in respect of flood defence works and watercourses etc.
    3. 180. Power of navigation authorities etc to divert the Authority's watercourses.
    4. 181. Works in tidal lands etc.
    5. 182. Mineral rights.
    6. 183. Saving for planning controls etc.
    7. 184. Duties to make recreational facilities available when building reservoirs in Wales.
  5. Savings in respect of existing drainage obligations
    1. 185. Savings in respect of existing drainage obligations.
  6. Interpretation of Part VII
    1. 186. Interpretation of Part VII.
Part VIII

Information Provisions
1. Annual report and publication of information
  1. 187. Annual report of the Authority.
  2. 188. Duty of Authority to publish certain information.
2. Registers etc. to be kept by the Authority
  1. 189. Register of abstraction and impounding licences.
  2. 190. Pollution control register.
  3. 191. Register for the purposes of works discharges.
  4. 192. Maps of freshwater limits.
  5. 193. Main river maps.
  6. 194. Amendment of main river maps.
  7. 195. Maps of waterworks.
3. Provision and acquisition of information etc.
  1. 196. Provision of information by the Authority to the Ministers.
  2. 197. Provision of information about water flow etc.
  3. 198. Information about underground water.
  4. 199. Notice etc. of mining operations which may affect water conservation.
  5. 200. Gauges and records kept by other persons.
  6. 201. Power to require information with respect to abstraction.
  7. 202. Information and assistance required in connection with the control of pollution.
  8. 203. Exchange of information with respect to pollution incidents etc.
4. Restriction on disclosure of information
  1. 204. Restriction on disclosure of information.
  2. 205. Confidentiality of information relating to underground water etc.
5. Making of false statements etc.
  1. 206. Making of false statements etc.
Part IX

Miscellaneous and Supplemental
1. Miscellaneous
  1. 207. Directions in the interests of national security etc.
  2. 208. Civil liability of the Authority for escapes of water etc.
  3. 209. Evidence of samples and abstractions.
2. Byelaws
  1. 210. Byelaw-making powers of the Authority.
  2. 211. Enforcement of byelaws.
  3. 212. Compensation in respect of certain fisheries byelaws.
3. Local inquiries
  1. 213. General powers to hold local inquiries.
  2. 214. Power to hold inquiries for flood defence purposes etc.
  3. 215. Procedure at local inquiries.
4. Offences etc.
  1. 216. Enforcement: powers and duties.
  2. 217. Criminal liabilities of directors and other third parties.
5. Judicial disqualification
  1. 218. Judicial disqualification.
6. Powers to make regulations
  1. 219. Powers to make regulations.
7. Construction of Act
  1. 220. Provisions relating to service of documents.
  2. 221. General interpretation.
8. Other supplemental provisions
  1. 222. Crown application.
  2. 223. Exemption for visiting forces.
  3. 224. Application to Isles of Scilly.
  4. 225. Short title, commencement and extent.
1. Schedule 1
  
  The National Rivers Authority.
2. Schedule 2
  
  Orders and Agreements for transfer of Navigation, Harbour and Conservancy Functions.
3. Schedule 3
  
  Boundaries of Regional Flood Defence Areas.
4. Schedule 4
  
  Membership and Proceedings of Regional and Local Flood Defence Committees.
  1. Part I
    
    Membership of Flood Defence Committees.
  2. Part II
    
    Proceedings of Flood Defence Committees.
5. Schedule 5
  
  Procedure relating to Statements on Minimum Acceptable Flow.
6. Schedule 6
  
  Orders providing for Exemption from Restrictions on Abstraction.
7. Schedule 7
  
  Licences of Right.
8. Schedule 8
  
  Proceedings on Applications for Drought Orders.
9. Schedule 9
  
  Compensation in respect of Drought Orders.
10. Schedule 10
  
  Discharge Consents.
11. Schedule 11
  
  Water Protection Zone Orders.
12. Schedule 12
  
  Nitrate Sensitive Area Orders.
  1. Part I
    
    Applications by the Authority for Designation Orders.
  2. Part II
    
    Orders containing Mandatory Provisions.
13. Schedule 13
  
  Transitional Water Pollution Provisions.
14. Schedule 14
  
  Orders transferring Main River Functions to the Authority.
15. Schedule 15
  
  Supplemental provisions with respect to Drainage Charges.
16. Schedule 16
  
  Schemes imposing Special Drainage Charges.
17. Schedule 17
  
  Orders with respect to Navigation Tolls.
18. Schedule 18
  
  Modification of Compensation Provisions etc. in relation to the Creation of New Rights.
19. Schedule 19
  
  Orders conferring Compulsory Works Powers.
20. Schedule 20
  
  Supplemental Provisions with respect to Powers of Entry.
21. Schedule 21
  
  Compensation etc. in respect of certain works powers.
22. Schedule 22
  
  Protection for particular Undertakings.
23. Schedule 23
  
  ineral Rights.
24. Schedule 24
  
  Disclosure of Information.
  1. Part I
    
    Persons in respect of whose Functions Disclosure may be made.
  2. Part II
    
    Enactments etc. in respect of which Disclosure may be made.
25. Schedule 25
  
  Byelaw-making powers of the Authority.
26. Schedule 26
  
  Procedure relating to Byelaws made by the Authority.

An Act to consolidate enactments relating to the National Rivers Authority and the matters in relation to which it exercises functions, with amendments to give effect to recommendations of the Law Commission.

[25th July 1991]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

Part I Preliminary

I The National Rivers Authority

1 The National Rivers Authority

(1) There shall continue to be a body corporate, known as the National Rivers Authority, for the purpose of carrying out the functions specified in section 2 below.

(2) The Authority shall consist of not less than eight nor more than fifteen members of whom--

(a) two shall be appointed by the Minister; and

(b) the others shall be appointed by the Secretary of State.

(3) The Secretary of State shall designate one of the members appointed by him as the chairman of the Authority and may, if he thinks fit, designate another member of the Authority (whether or not appointed by him) as the deputy chairman of the Authority.

(4) In appointing a person to be a member of the Authority, the Secretary of State or, as the case may be, the Minister 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 Authority.

(5) The Authority shall not be regarded--

(a) as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; or

(b) by virtue of any connection with the Crown, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;

and the Authority's property shall not be regarded as property of, or property held on behalf of, the Crown.

(6) The provisions of Schedule 1 to this Act shall have effect with respect to the Authority.

2 The Authority's functions

(1) The functions of the Authority are--

(a) its functions with respect to water resources by virtue of Part II of this Act;

(b) its functions with respect to water pollution by virtue of Part III of this Act;

(c) its functions with respect to flood defence and land drainage by virtue of Part IV of this Act and the [1991 c. 59.] Land Drainage Act 1991 and the functions transferred to the Authority by virtue of section 136(8) of the [1989 c. 15.] Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation);

(d) its functions with respect to fisheries by virtue of Part V of this Act, the [1937 c. 33.] Diseases of Fish Act 1937, the [1966 c. 38.] Sea Fisheries Regulation Act 1966, the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 and other enactments relating to fisheries;

(e) the functions as a navigation authority, harbour authority or conservancy authority which were transferred to the Authority by virtue of Chapter V of Part III of the Water Act 1989 or paragraph 23(3) of Schedule 13 to that Act or which are transferred to the Authority by any order or agreement under Schedule 2 to this Act; and

(f) the functions assigned to the Authority by any other enactment.

(2) Without prejudice to its duties under section 16 below, it shall be the duty of the Authority, to such extent as it considers desirable, generally to promote--

(a) the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters;

(b) the conservation of flora and fauna which are dependent on an aquatic environment; and

and it shall be the duty of the Authority, in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled.

(3) It shall be the duty of the Authority to make arrangements for the carrying out of research and related activities (whether by the Authority or others) in respect of matters to which the functions of the Authority relate.

(4) The provisions of this Act relating to the functions of the Authority under Chapter II of Part II of this Act, and the related water resources provisions so far as they relate to other functions of the Authority, shall not apply to so much of any inland waters as--

(a) are part of the River Tweed;

(b) are part of the River Esk or River Sark at a point where either of the banks of the river is in Scotland; or

(c) are part of any tributary stream of the River Esk or the River Sark at a point where either of the banks of the tributary stream is in Scotland.

(5) The functions of the Authority specified in subsection (1)(c) above 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 165(2) or (3) below provides for the exercise of any power in the territorial sea.

(6) The area in respect of which the Authority shall carry out its functions relating to fisheries shall be the whole of England and Wales, together with--

(a) such part of the territorial sea adjacent to England and Wales as extends for six miles from the baselines from which the breadth of that sea is measured; and

(b) in the case of Part V of this Act, the [1937 c. 33.] Diseases of Fish Act 1937 and the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975, so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,

but, in the case of Part V of this Act and those Acts, excluding the River Tweed.

(7) In this section--

"miles" means international nautical miles of 1,852 metres; and
"the River Tweed" means "the river" within the meaning of the [1859 c. lxx.] Tweed Fisheries Amendment Act 1859, as amended by byelaws.

3 Incidental functions of the Authority

(1) This section has effect, without prejudice to section 2 above, for the purposes of section 4(1) below and the construction of any other enactment which, by reference to the functions of the Authority, confers any power on or in relation to the Authority.

(2) For the purposes to which this section applies the functions of the Authority shall be taken to include the protection against pollution--

(a) of any waters, whether on the surface or underground, which belong to the Authority or any water undertaker or from which the Authority or any water undertaker is authorised to take water;

(b) without prejudice to paragraph (a) above, of any reservoir which belongs to or is operated by the Authority or any water undertaker or which the Authority or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and

(c) of any underground strata from which the Authority or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of this Act.

(3) For the purposes to which this section applies the functions of the Authority shall be taken to include the furtherance of research into matters in respect of which functions are conferred by or under this Act, the other consolidation Acts or the [1989 c. 15.] Water Act 1989 on the Authority or on relevant undertakers.

(4) For the purposes to which this section applies the functions of the Authority shall be taken to include joining with or acting on behalf of one or more relevant undertakers for the purpose of carrying out any works or acquiring any land which at least one of the undertakers with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of--

(a) any function of that undertaker under any enactment; or

(b) any function which is taken to be a function of that undertaker for the purposes to which section 217 of the [1991 c. 56.] Water Industry Act 1991 applies.

(5) For the purposes to which this section applies the functions of the Authority shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of the Authority.

(6) For the purposes to which this section applies the functions of the Authority shall be taken to include the provision of houses and other buildings for the use of persons employed by the Authority and the provision of recreation grounds for persons so employed.

(7) In this section--

"the other consolidation Acts" means the [1991 c. 58.] Water Industry Act 1991, the [1991 c. 59.] Statutory Water Companies Act 1991, the [1991 c. 60.] Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991;
"relevant undertaker" means a water undertaker or sewerage undertaker; and
"supply of water in bulk" means a supply of water for distribution by a water undertaker taking the supply.

4 Incidental general powers of the Authority

(1) The Authority--

(a) shall have power to do anything which, in the opinion of the Authority, is calculated to facilitate, or is conducive or incidental to, the carrying out of the Authority's functions; and

(b) without prejudice to the generality of that power, shall have power, for the purposes of, or in connection with, the carrying out of those functions, to institute criminal proceedings, to acquire and dispose of land and other property and to carry out such engineering or building operations at such places as the Authority considers appropriate.

(2) Subject to subsection (3) below, the Authority may provide for any person outside the United Kingdom advice or assistance, including training facilities, as respects any matter in which the Authority has skill or experience.

(3) Without prejudice to any power of the Authority apart from subsection (2) above to provide advice or assistance of the kind mentioned in that subsection, the power conferred by that subsection shall not be exercised except--

(a) with the consent in writing of the Secretary of State; and

(b) if the exercise of that power involves capital expenditure by the Authority, or the guaranteeing by the Authority of any liability, with that consent given with the approval of the Treasury;

and a consent under this subsection may be given subject to such conditions as the Secretary of State thinks fit.

(4) Without prejudice to subsection (1) above, the powers conferred by section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 shall be exercisable by the Authority as if the Authority were a public body within the meaning of that section.

(5) Nothing in this section with respect to the carrying out of works shall be construed as conferring any power to do anything otherwise than for the purpose of giving the Authority capacity as a corporation to do that thing; and, accordingly, without prejudice to the provisions of Part VII of this Act, this section shall be disregarded for the purpose of determining whether the Authority is liable, on grounds other than an incapacity by virtue of its constitution, for any act or omission in exercise of a power to carry out works conferred by this section.

5 Ministerial directions to the Authority

(1) Directions of a general or specific character may be given to the Authority--

(a) with respect to the carrying out of the Authority's functions mentioned in paragraphs (a), (b) and (e) of subsection (1) of section 2 above (other than its functions in connection with the making of applications for orders under section 94 below), by the Secretary of State;

(b) with respect to the making of applications for orders under section 94 below or with respect to the carrying out of its functions mentioned in paragraphs (c) and (d) of that subsection, by either of the Ministers; and

(c) with respect to anything not falling within paragraph (a) or (b) above which is connected with the carrying on of the Authority's activities generally, by the Ministers.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, directions under that subsection may include such directions as the Secretary of State, the Minister or, as the case may be, both of them consider appropriate in order to enable Her Majesty's Government in the United Kingdom to give effect--

(a) to any Community obligations; or

(b) to any international agreement to which the United Kingdom is for the time being a party.

(3) The power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the Authority.

(4) Any power of the Secretary of State or the Minister otherwise than by virtue of this section to give directions to the Authority shall be without prejudice to the power conferred by this section.

(5) It shall be the duty of the Authority to comply with any direction which is given to the Authority, under this section or any of the other provisions of this Act, by either or both of the Ministers.

II Committees with Functions in relation to the Authority

Advisory committees

6 The advisory committee for Wales

(1) The Secretary of State shall continue to maintain the committee established under section 3 of the [1989 c. 15.] Water Act 1989 for advising him with respect to matters affecting or otherwise connected with the carrying out in Wales of the Authority's functions.

(2) The committee maintained under this section shall consist of such persons as may, from time to time, be appointed by the Secretary of State.

(3) The committee maintained under this section shall meet at least once a year.

(4) The Secretary of State shall pay to the members of the committee maintained under this section such sums reimbursing them for loss of remuneration, for travelling expenses and for other out-of-pocket expenses as he may, with the consent of the Treasury, determine.

7 Regional rivers advisory committees

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

(a) to establish and maintain advisory committees, consisting of persons who are not members of the Authority, for the different regions of England and Wales;

(b) to consult the advisory committee for any region as to any proposals of the Authority relating generally to the manner in which the Authority carries out its functions in that region; and

(c) to consider any representations made to it by the advisory committee for any region (whether in response to consultation under paragraph (b) above or otherwise) as to the manner in which the Authority carries out its functions in that region.

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

(a) to establish and maintain an advisory committee for each area which the Authority considers it appropriate for the time being to regard as a region of England and Wales for the purposes of this section; and

(b) to ensure that the persons appointed by the Authority to each such committee are persons who appear to the Authority to have an interest in matters likely to be affected by the manner in which the Authority carries out any of its functions in the region in question;

and it shall be the duty of the Authority in determining the regions for which advisory committees are established and maintained under this section to ensure that one of those regions consists 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,

as may, with the consent of the Treasury, be determined by the Secretary of State.

(4) For the purposes of this section functions of the Authority which are carried out in any area of Scotland or of the territorial sea which is adjacent to any region for which an advisory committee is maintained shall be regarded as carried out in that region.

8 Regional and local fisheries advisory committees

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

(a) to establish and maintain advisory committees of persons who are not members of the Authority but appear to it to be interested in salmon fisheries, trout fisheries, freshwater fisheries or eel fisheries in the different parts of the controlled area; and

(b) to consult those committees as to the manner in which the Authority is to perform its duty under section 114 below.

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

(a) a regional advisory committee for each such region of the controlled area 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 the Authority considers necessary to represent the interests referred to in paragraph (a) of that subsection 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 under this section 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,

as may, with the consent of the Treasury, be determined by one of the Ministers.

(4) In this section "the controlled area" means the area specified in section 2(6) above in respect of which the Authority carries out functions under Part V of this Act.

Flood defence committees

9 Continuance of regional flood defence committees

(1) There shall continue to be committees, 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 Act.

(2) Subject to Schedule 3 to this Act (which makes provision for the alteration of the boundaries of and the amalgamation of the areas of regional flood defence committees)--

(a) each regional flood defence committee shall have the same area as immediately before the coming into force of this section; but

(b) where under section 165(2) or (3) below 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 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.

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

10 Composition of regional flood defence committees

(1) Subject to subsection (2) 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 relevant Minister;

(b) two members appointed by the Authority;

(2) Subject to section 11 below and to any order under Schedule 3 to this Act amalgamating the areas of any two or more regional flood defence committees--

(a) the total number of members of the regional flood defence committee for any area shall be the same as immediately before the coming into force of this section; 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 same number as fell to be so appointed immediately before the coming into force of this section.

(3) Where--

(a) the appointment of one or more members of a regional flood defence committee is (by virtue of subsection (2) above or an order under section 11(5) below), 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 relevant Minister on behalf of those councils.

(4) In appointing a person to be the chairman or a member of a regional flood defence committee under subsection (1)(a) or (c) or (3) above the relevant 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.

(5) 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.

(6) In this section "the relevant 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.

11 Change of composition of regional flood defence committee

(1) 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.

(2) The Authority shall submit any determination under subsection (1) above to the relevant Minister.

(3) For the purposes of this section--

(a) the total number of members of a regional flood defence committee shall not be less than eleven; and

(b) any determination by the Authority under subsection (1) above that a regional flood defence committee should consist of more than seventeen members shall be provisional and shall take effect only if the relevant Minister makes an order under subsection (4) below.

(4) If the Authority submits a provisional determination to the relevant 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 relevant 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 rules or regulations made for the purposes of paragraphs 4 to 6 of Schedule 12A to 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 relevant Minister shall by order made by statutory instrument specify, in relation to times after the coming into force of the variation, rules or 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 10(1)(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 relevant Minister--

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

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

-- Back --

Stat