Water Resources Act 1991 (c. 57)

(The document as of February, 2008)

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is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; or

(b)

would receive the rack-rent if the premises were let at a rack-rent,

but for the purposes of Schedule 2 to this Act, Chapter II of Part II of this Act and the related water resources provisions does not include a mortgagee not in possession, and cognate expressions shall be construed accordingly;

"prescribed" means prescribed by regulations made by the Secretary of State or, in relation to regulations made by the Minister, by those regulations;

"public authority" means any Minister of the Crown or government department, the Authority, any local authority or any person certified by the Secretary of State to be a public authority for the purposes of this Act;

"public sewer" means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the [1989 c. 15.] Water Act 1989, section 179 of or Schedule 2 to the [1991 c. 56.] Water Industry Act 1991 or otherwise;

"records" includes computer records and any other records kept otherwise than in a document;

"the related water resources provisions", in relation to Chapter II of Part II of this Act, means the provisions of sections 21 to 23 above (including Schedule 5), of sections 120, 123 to 130, 158, 189, 199 to 201, 206(2) and (3), 209(3), 211(1), 213(1), and 216 above and of paragraph 1 of Schedule 25 to this Act;

"sewage effluent" includes any effluent from the sewage disposal or sewerage works of a sewerage undertaker but does not include surface water;

"sewer" has, subject to subsection (2) below, the same meaning as in the Water Industry Act 1991;

"source of supply" means--

(a)

any inland waters except, without prejudice to subsection (3) below in its application to paragraph (b) of this definition, any which are discrete waters; or

(b)

any underground strata in which water is or at any time may be contained;

"street" has, subject to subsection (4) below, the same meaning as in Part III of the [1991 c. 22.] New Roads and Street Works 1991;

"subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978;

"substance" includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;

"surface water" includes water from roofs;

"trade effluent" includes any effluent which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition any premises wholly or mainly used (whether for profit or not) for agricultural purposes or for the purposes of fish farming or for scientific research or experiment shall be deemed to be premises used for carrying on a trade;

"underground strata" means strata subjacent to the surface of any land;

"vessel" includes a hovercraft within the meaning of the [1968 c. 59.] Hovercraft Act 1968;

"watercourse" includes (subject to sections 72(2) and 113(1) above) all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except mains and other pipes which--

(a) belong to the Authority or a water undertaker; or

(b) are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises;

"water pollution provisions", in relation to this Act, means the following provisions of this Act--

(a) the provisions of Part III of this Act;

(b) sections 161, 190, 202, 203 and 213(2) above; and

(c) paragraph 4 of Schedule 25 to this Act and section 211 above so far as it relates to byelaws made under that paragraph.

(2) References in this Act to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.

(3) Any reference in this Act to water contained in underground strata is a reference to water so contained otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata; but for the purposes of this Act water for the time being contained in--

(a) a well, borehole or similar work, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(b) any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata,

shall be treated as water contained in the underground strata into which the well, borehole or work was sunk or, as the case may be, the excavation was made.

(4) Until the coming into force of Part III of the [1991 c. 22.] New Roads and Street Works Act 1991, the definition of "street" in subsection (1) above shall have effect as if the reference to that Part were a reference to the [1950 c. 39.] Public Utilities Street Works Act 1950; but nothing in this section shall be taken--

(a) to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this section); or

(b) in the period before the coming into force of that Part, to prevent references in this Act to a street, where the street is a highway which passes over a bridge or through a tunnel, from including that bridge or tunnel.

(5) For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.

(6) References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.

(7) For the purposes of this Act--

(a) references in this Act to more than one Minister of the Crown, in relation to anything falling to be done by those Ministers, are references to those Ministers acting jointly; and

(b) any provision of this Act by virtue of which any function of a Minister of the Crown is exercisable concurrently by different Ministers, shall have effect as providing for that function also to be exercisable jointly by any two or more of those Ministers.

(8) Sub-paragraph (1) of paragraph 1 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act, the [1991 c. 56.] Water Industry Act 1991 or the [1991 c. 59.] Land Drainage Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.

(9) Subject to any provision to the contrary which is contained in Schedule 26 to the [1989 c. 15.] Water Act 1989 or in the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991, nothing in any local statutory provision passed or made before 1st September 1989 shall be construed as relieving any water undertaker or sewerage undertaker from any liability arising by virtue of this Act in respect of any act or omission occurring on or after that date.

Other supplemental provisions

222 Crown application

(1) Subject to the following provisions of this section, the provisions of this Act shall have effect in relation to land in which there is a Crown or Duchy interest as they have effect in relation to land in which there is no such interest.

(2) Chapter II of Part II of this Act and the related water resources provisions shall not apply--

(a) to anything done by or on behalf of the Crown; or

(b) to any land which is in the occupation of a government department or any other land in which there is a Crown or Duchy interest and which is occupied in right of that interest.

(3) Nothing in this Act, as read with the other provisions of this section, shall be construed--

(a) as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides; or

(b) as authorising the Authority to require the Crown to make any payment to the Authority in respect of any premises.

(4) Subject to subsection (2) and (3) above and to subsection (5) below, where a power is conferred in relation to land by or under any provision of this Act other than one of the flood defence provisions--

(a) that power shall be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority; and

(b) a consent for the purposes of this subsection may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.

(5) Subsection (4) above shall not require any consent to be given--

(a) for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from subsection (1) above; or

(b) for the purposes of any provision having effect by virtue of so much of section 168 above and Schedule 19 to this Act as relates to the granting of authority for discharges of water.

(6) Section 74 of the [1991 c. 59.] Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Authority's functions under those provisions and of other functions of the Authority.

(7) In this section--

"the appropriate authority" has the same meaning as in section 293 of the [1990 c. 8.] Town and Country Planning Act 1990; and
"Crown or Duchy interest" means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.

(8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

(9) Nothing in this section shall be construed as requiring any provision of this Act having effect otherwise than in relation to land to be construed as imposing any liability on the Crown to which the Crown would not be subject apart from this section.

223 Exemption for visiting forces

(1) Chapter II of Part II of this Act and the related water resources provisions shall not apply--

(a) to anything done by a member of a visiting force in his capacity as a member of that force; or

(b) to any land occupied by or for the purposes of a visiting force.

(2) In this section "visiting force" means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the [1952 c. 67.] Visiting Forces Act 1952.

224 Application to Isles of Scilly

(1) Subject to the provisions of any order under this section, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the Authority; and references in the preceding provisions of this Act to England and Wales shall not include references to those Isles.

(2) The Secretary of State may, on the application of the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions falling under this Act to be carried out in relation to other parts of England and Wales by the Authority.

(3) Without prejudice to the generality of the power conferred by subsection (2) above, an order under this section may apply any provision of this Act, of the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 or of the [1989 c. 15.] Water Act 1989 in relation to the Isles of Scilly with or without modifications.

(4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(5) An order under this section 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 Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

225 Short title, commencement and extent

(1) This Act may be cited as the Water Resources Act 1991.

(2) This Act shall come into force on 1st December 1991.

(3) Subject to subsections (4) to (6) of section 2 and to section 224 above, to the extension of section 166(3) above to Scotland and to the extension, by virtue of any other enactment, of any provision of this Act to the territorial sea, this Act extends to England and Wales only.

(4) Nothing in this Act, so far as it extends to Scotland, shall authorise the Authority to acquire any land in Scotland compulsorily.

SCHEDULES

Section 1.

SCHEDULE 1 The National Rivers Authority

Membership

1 (1) Subject to the following provisions of this paragraph, a member shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A member may at any time by notice to the appropriate Minister resign his office.

(3) The appropriate Minister may remove a member if he is satisfied--

(a) that that member has been absent from meetings of the Authority for a period of more than three consecutive months without the permission of the Authority;

(b) that that member has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

Remuneration, pensions etc.

2 (1) The Authority shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the appropriate Minister.

(2) The Authority shall, if so required by the appropriate Minister--

(a) pay such pension, allowances or gratuities to or in respect of a person who has been or is a member; or

(b) make such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,

as may be determined by the appropriate Minister.

(3) If, when any member ceases to hold office, the appropriate Minister determines that there are special circumstances which make it right that that member should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be so determined.

(4) Without prejudice to the other provisions of this Schedule--

(a) the Authority may enter into a contract with any person under which, in consideration of payments made by the Authority by way of premium or otherwise, that person undertakes to pay to the Authority such sums as may be provided in the contract in the event of any member of the Authority or of any of its committees meeting with a personal accident, whether fatal or not, while he is engaged on the business of the Authority;

(b) any sum received by the Authority under any such contract shall, after deduction of any expenses incurred in the recovery of that sum, be paid by the Authority to, or to the personal representatives of, the person in respect of whose accident the sum is received;

and the provisions of the [1774 c. 48.] Life Assurance Act 1774 shall not apply to any such contract.

(5) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Staff

3 (1) The Authority may, with the approval of the Secretary of State as to terms and conditions of service, appoint such officers and employees as it may determine.

(2) No member or other person shall be appointed by the Authority to act as chief executive of the Authority unless the Secretary of State has consented to the appointment of that person.

(3) The Authority may--

(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its officers or employees as it may, with the approval of the Secretary of State, determine;

(b) make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;

(c) provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(4) Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Authority's officers or employees who suffer loss of office or employment or loss or diminution of emoluments.

(5) If any person--

(a) on ceasing to be an officer or employee of the Authority, becomes a member; and

(b) was by reference to his office or employment with the Authority a participant in a pension scheme maintained by the Authority for the benefit of any of its officers or employees,

the Authority may, with the approval of the Secretary of State, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an officer or employee of the Authority.

(6) Provision made by virtue of sub-paragraph (5) above shall be without prejudice to paragraph 2 above.

(7) The consent of the Treasury shall be required for the giving of an approval under this paragraph.

Proceedings of Authority

4 Subject to the following provisions of this Schedule and to section 106 of this Act, the Authority may regulate its own procedure (including quorum).

Delegation of powers

5 Subject to section 106 of this Act, anything authorised or required by or under any enactment to be done by the Authority may be done--

(a) by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority; or

(b) by any committee or sub-committee of the Authority which has been so authorised.

Interests of members

6 (1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting; and, where such a disclosure is made--

(a) the disclosure shall be recorded in the minutes of the meeting; and

(b) the member shall not take any part in any deliberation or decision of the Authority, or of any of its committees or sub-committees, with respect to that matter.

(2) For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Authority by a member to the effect that--

(a) he is a member of a specified company or firm; and

(b) is to be regarded as interested in any matter involving that company or firm,

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(3) A member need not attend in person at a meeting of the Authority in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

(4) The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of the Authority disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

(5) The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

(6) Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above.

(7) In this paragraph references to a meeting of the Authority include references to a meeting of any of its committees or sub-committees.

Vacancies and defective appointments

7 The validity of any proceedings of the Authority shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.

Minutes

8 (1) Minutes shall be kept of proceedings of the Authority, of its committees and of its sub-committees.

(2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been regularly convened and constituted.

Application of seal and proof of instruments

9 (1) The application of the seal of the Authority shall be authenticated by the signature of any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.

(2) In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 10 below, the word "signed" shall be construed accordingly.

Documents served etc. by or on the Authority

10 (1) Any document which the Authority is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Authority by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.

(2) Every document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed under the seal of the Authority, or to be signed or executed by a person authorised by the Authority for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(3) Any notice which is required or authorised, by or under any enactment not contained in this Act, to be given, served or issued by or to the Authority shall be in writing.

Interpretation

11 In this Schedule--

"the appropriate Minister", in relation to any person who is or has been a member, means the Minister or the Secretary of State, according to whether that person was appointed as a member by the Minister or the Secretary of State; and
"member" means any member of the Authority, including the chairman and the deputy chairman.

Section 2.

SCHEDULE 2 Orders and Agreements for transfer of Navigation, Harbour and Conservancy Functions

Powers to transfer functions or property

1 (1) The Authority may at any time apply to the Ministers for an order under this Schedule transferring to the Authority any of the functions or property of a navigation authority, harbour authority or conservancy authority.

(2) The power to make an order under this Schedule shall be exercisable by statutory instrument.

(3) Any transfer of functions or property which could be effected by an order under this Schedule may, with the consent of the Ministers, be effected by agreement between the Authority and the other body concerned.

(4) Where, in accordance with this paragraph, the Authority may apply for an order transferring any functions or property of another body, that body may itself apply for such an order.

(5) For the purposes of this Schedule the references in sub-paragraph (1) above to a navigation authority, to a harbour authority and to a conservancy authority shall each include a reference to a body which no longer has any members but which, if it had members, would be such an authority

Consultation with affected body

2 (1) Before determining whether to make an order on an application under paragraph 1 above, the Ministers shall--

(a) consult whichever of the following is not the applicant, that is to say, the Authority and the body from which any functions or property are proposed in the application to be transferred; and

(b) consider any representations made with respect to the application by the Authority or, as the case may be, by any such body.

(2) Sub-paragraph (1) above shall not require the Ministers to consult, or consider representations from, any body which no longer has any members.

Public consultation

3 (1) If the Ministers propose to make an order on an application under paragraph 1 above, they shall prepare a draft order, and shall cause notice of their intention to make an order--

(a) to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected; and

(b) to be served on--

(i) the Authority;

(ii) any body (other than one no longer having any members) from which any functions or property are proposed to be transferred; and

(iii) any such navigation authority, harbour authority or conservancy authority not falling within paragraph (ii) above as appears to the Ministers to be affected by the proposals.

(2) A notice under sub-paragraph (1) above shall specify--

(a) the place where copies of the draft order, and of any map to which it refers, may be inspected and obtained; and

(b) the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made.

(3) Before making any order on an application under paragraph 1 above, the Ministers--

(a) shall consider any objections which may be duly made to the draft order; and

(b) may, if they think fit, cause a local inquiry to be held with respect to any such objections;

and, in making the order, the Ministers may make such modifications in the terms of the draft as appear to them desirable.

Supplemental provisions of order

4 (1) An order under this Schedule may contain such incidental, supplementary, consequential and transitional provisions as the Ministers consider necessary or expedient.

(2) Without prejudice to the generality of sub-paragraph (1) above, the provision that may be included in an order by virtue of that sub-paragraph shall include such provisions as the Ministers consider necessary or expedient with respect to--

(a) the transfer of assets and liabilities, the payment of compensation and other financial adjustments;

(b) the amendment, adaptation or repeal of local enactments; and

(c) the application, subject to such modifications as may be specified in the order, of provisions corresponding to those originally made by or under Part IX of the [1963 c. 38.] Water Resources Act 1963.

Objection to final order by affected bodies

5 (1) After making an order under this Schedule, the Ministers, if an objection--

(a) has been duly made by the Authority or any other body on which notice is required to be served under paragraph 3 above; and

(b) has not been withdrawn,

shall serve notice of the making of the order and of the effect of the order on the Authority or, as the case may be, that body.

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

(3) If, within the period of twenty-eight days mentioned in sub-paragraph (2) above, any body (including the Authority) on which notice has been served under sub-paragraph (1) above gives notice to one of the Ministers objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

Public notice of order

6 (1) After making an order under this Schedule, the Ministers shall publish in the London Gazette, and in such other manner as they think best adapted for informing persons affected, a notice--

(a) stating that the order has been made; and

(b) naming a place where a copy of the order may be seen at all reasonable hours.

(2) In the case of an order to which sub-paragraph (1) of paragraph 5 above applies, a notice under sub-paragraph (1) above--

(a) shall not be published until the end of the period of twenty-eight days mentioned in sub-paragraph (2) of that paragraph; and

(b) shall state whether or not the order is to be subject to special parliamentary procedure.

Challenge of order

7 (1) Subject to sub-paragraph (3) below, if any person aggrieved by an order under this Schedule desires to question its validity 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 in relation to the order,

he may, within six weeks after the first publication of the notice required by paragraph 6 above, make an application for the purpose to the High Court.

(2) Where an application under sub-paragraph (1) above is duly made to the High Court, that 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 any requirements of this Schedule not having been complied with,

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

(3) The preceding provisions of this paragraph--

(a) 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

(b) 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, for the reference to the first publication of the notice required by paragraph 6 above, there were substituted a reference to the date on which the order becomes operative under that 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.

Effect of order or agreement

8 (1) Where, by virtue of an order or agreement under this Schedule, property is transferred to the Authority on the terms that--

(a) the body from which it is transferred shall continue liable for the repayment of, and payment of interest on, any sum borrowed in connection with the property; and

(b) the Authority shall make payments to that body in respect of amounts paid by that body by reason of its continuing so liable,

any payment so made by the Authority shall be deemed to be a capital payment or an annual payment, according as the amount in respect of which it is made was paid in or towards repayment of the loan or by way of interest thereon.

(2) Property vested in the Authority by virtue of an order or agreement under this Schedule shall not be treated as so vested by way of sale for the purpose of section 12 of the [1895 c. 16.] Finance Act 1895 (which provides for charging stamp duty in the case of certain statutory transfers by way of sale).

Ministers' expenses

9 (1) The costs incurred by the Ministers in connection with the making and notification of an order under this Schedule shall be paid by the applicant for the order; and, if there is more than one, the Ministers may apportion the costs between the applicants.

(2) The Ministers may require any applicant for an order under this Schedule to give security for the payment of any costs payable by the applicant under this paragraph.

(3) The reference in sub-paragraph (1) above to any costs incurred in connection with the making and notification of an order under this Schedule includes a reference to any costs incurred in relation to any such order under the Statutory Orders (Special Procedure) Act 1945.

Compensation for officers and staff

10 (1) The Ministers shall by regulations make provision requiring the payment by the Authority, subject to such exceptions or conditions as may be prescribed, of compensation to or in respect of persons who--

(a) are, or but for any military or other designated service of theirs would be, the holders of any such situation, place or employment as may be prescribed; and

(b) suffer loss of employment, or loss or diminution of emoluments, in consequence of any order or agreement under this Schedule.

(2) Regulations under this paragraph may be so framed as to have effect as from a date earlier than that on which they are made; but so much of any regulations as provides that any provision is to have effect as from a date earlier than that on which they are made shall not place any person other than the Authority in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.

(3) Regulations made under this paragraph may include provision as to the manner in which, and the person to whom, any claim for compensation under this paragraph is to be made, and for the determination of all questions arising under the regulations.

(4) In this paragraph "military or other designated service" means any such service in any of Her Majesty's forces or other employment (whether or not in the service of Her Majesty) as may be prescribed by regulations under this paragraph.

Power to amend local enactments

11 (1) If it appears to the Ministers by whom an order is made under this Schedule that any local enactment passed or made before the relevant date--

(a) is inconsistent with any of the provisions of that order; or

(b) requires to be amended or adapted, having regard to any of the provisions of that order,

those Ministers may by order repeal, amend or adapt that enactment to such extent, or in such manner, as they may consider appropriate.

(2) Any order under this paragraph may include such transitional, incidental, supplementary and consequential provisions as the Ministers may consider necessary or expedient.

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

(4) In this paragraph "relevant date" means the date which was the second appointed day for the purposes of section 133 of the [1963 c. 38.] Water Resources Act 1963.

(5) The provisions of this paragraph shall have effect without prejudice to the exercise of any other power to repeal, amend or adapt local enactments which is conferred by any other enactment.

Interpretation

12 (1) In this Schedule "local enactment" means--

(a) a local or private Act;

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