Office of Public Sector Information
PART III continued CHAPTER I continued
(1) The Authority may by byelaws make such provision as the Authority considers appropriate—
(a) for prohibiting or regulating the washing or cleaning in any controlled waters of things of a description specified in the byelaws;
(b) for prohibiting or regulating the keeping or use on any controlled waters of vessels of a description specified in the byelaws which are provided with water closets or other sanitary appliances.
(2) A person who contravenes any byelaws made by virtue of this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws.
(3) In this section “sanitary appliance”, in relation to a vessel, means any appliance which, not being a sink, bath or shower bath, is designed to permit polluting matter to pass into the water where the vessel is situated and which is prescribed for the purposes of this section.
(1) Subject to subsection (2) below, where it appears to the Authority that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, the Authority shall be entitled to carry out the following works and operations, that is to say—
(a) in a case where the matter appears likely to enter any controlled waters, works and operations for the purpose of preventing it from doing so; or
(b) in a case where the matter appears to be or to have been present in any controlled waters, works and operations for the purpose—
(i) of removing or disposing of the matter;
(ii) of remedying or mitigating any pollution caused by its presence in the waters; or
(iii) so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.
(2) Nothing in subsection (1) above shall entitle the Authority to impede or prevent the making of any discharge in pursuance of a consent given under this Chapter.
(3) Where the Authority carries out any such works or operations as are mentioned in subsection (1) above, it shall, subject to subsection (4) below, be entitled to recover the expenses reasonably incurred in doing so from any person who, as the case may be—
(a) caused or knowingly permitted the matter in question to be present at the place from which it was likely, in the opinion of the Authority, to enter any controlled waters; or
(b) caused or knowingly permitted the matter in question to be present in any controlled waters.
(4) No such expenses shall be recoverable from a person for any works or operations in respect of water from an abandoned mine which that person permitted to reach such a place as is mentioned in subsection (3) above or to enter any controlled waters.
(1) The Secretary of State and the Minister, acting jointly, may by order made by statutory instrument approve any code of practice issued (whether by those Ministers or by another person) for the purpose of—
(a) giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and
(b) promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,
and may at any time by such an order approve a modification of such a code or withdraw their approval of such a code or modification.
(2) A contravention of a code of practice as for the time being approved under this section shall not of itself give rise to any criminal or civil liability, but the Authority shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—
(a) its power, by giving a notice under section 107(2)(a) or (b) above, to impose a relevant prohibition; and
(b) any powers conferred on the Authority by regulations under section 110 above.
(3) The Secretary of State and the Minister shall not make an order under this section unless they have first consulted the Authority.
(1) It shall be the duty of the Authority to maintain, in accordance with regulations made by the Secretary of State, registers containing prescribed particulars of—
(a) any notices of water quality objectives or other notices served under section 105 above;
(b) applications made for consents under this Chapter;
(c) consents given under this Chapter and the conditions to which the consents are subject;
(d) certificates issued under paragraph 1(7) of Schedule 12 to this Act; and
(e) the following, that is to say—
(i) samples of water or effluent taken for the purposes of this Chapter by the Authority and information produced by analyses of those samples;
(ii) such information with respect to samples of water or effluent taken by any other person and the analyses of those samples as is acquired by the Authority from any person under arrangements made by the Authority for the purposes of this Chapter; and
(iii) the steps taken in consequence of any such information as is mentioned in sub-paragraph (i) or (ii) above.
(2) It shall be the duty of the Authority—
(a) to secure that the contents of registers maintained by the Authority under this section are available, at all reasonable times, for inspection by the public free of charge; and
(b) to afford members of the public reasonable facilities for obtaining from the Authority, on payment of reasonable charges, copies of entries in any of the registers.
(1) It shall be the duty of the Authority, if and so far as it is requested to do so by the Secretary of State or the Minister, to give him all such advice and assistance as appears to it to be appropriate for facilitating the carrying out by the Secretary of State or the Minister of his functions under this Chapter.
(2) Subject to subsection (3) below, the Secretary of State, the Minister or the Authority may serve on any person a notice requiring him to furnish the Secretary of State, the Minister or, as the case may be, the Authority, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by the Secretary of State or the Minister or by the Authority for the purpose of carrying out any of his or, as the case may be, its functions under this Chapter.
(3) The Secretary of State or the Minister may by regulations make provision for restricting the information which may be required under subsection (2) above and for determining the form in which the information is to be so required.
(4) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) It shall be the duty of the Authority to provide a water undertaker with all such information to which this section applies as is in the possession of the Authority and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions; and information provided to a water undertaker under this subsection shall be provided in such form and in such manner and at such times as the undertaker may reasonably require.
(2) It shall be the duty of every water undertaker to provide the Authority with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the Authority for purposes connected with the carrying out of any of its functions; and information provided to the Authority under this subsection shall be provided in such form and in such manner and at such times as the Authority may reasonably require.
(3) Information provided under subsection (1) or (2) above to a water undertaker or to the Authority shall be provided free of charge.
(4) The duties of a water undertaker under subsection (2) above shall be enforceable under section 20 above by the Secretary of State.
(5) This section applies to information about the quality of any controlled waters or of any other waters or about any incident in which any poisonous, noxious or polluting matter or any solid waste matter has entered any controlled waters or other waters.
The Secretary of State may cause a local inquiry to be held in any case in which he considers it appropriate for such an inquiry to be held—
(a) for the purposes of the establishment or review under section 105 above of any water quality objectives or otherwise in connection with any provision of this Chapter;
(b) with a view to preventing or dealing with pollution of any controlled waters; or
(c) in relation to any other matter relevant to the quality of any such waters.
(1) Without prejudice to section 177 below, where the commission by any person of an offence under this Chapter is due to the act or default of some other person, that other person may be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.
(2) Notwithstanding anything in section 127 of the [1980 c. 43.] Magistrates' Courts Act 1980 (time limit for summary proceedings), a magistrates' court may try any summary offence under this Chapter, or under any subordinate legislation made under this Chapter, if the information is laid not more than twelve months after the commission of the offence.
Except in so far as this Chapter expressly otherwise provides and subject to the provisions of section 18 of the [1978 c. 30.] Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Chapter —
(a) confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Chapter or any subordinate legislation, consent or other instrument made, given or issued under this Chapter;
(b) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Chapter; or
(c) affects any restriction imposed by or under any other enactment, whether public, local or private.
(1) Except as provided by regulations made by the Secretary of State under this section, nothing in this Chapter shall apply in relation to radioactive waste within the meaning of the [1960 c. 34.] Radioactive Substances Act 1960.
(2) The Secretary of State may by regulations—
(a) provide for prescribed provisions of this Chapter to have effect with such modifications as he considers appropriate for dealing with such waste;
(b) make such modifications of the said Act of 1960 or, in relation to such waste, of any other Act as he considers appropriate in consequence of the provisions of this Chapter and of any regulations made by virtue of paragraph (a) above.
(1) In this Chapter, except in so far as the context otherwise requires—
“agriculture” and “agricultural” have the same meanings as in the [1947 c. 48.] Agriculture Act 1947;
“coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters” have the meanings given by section 103(1) above;
“local authority” includes the council of any county;
“mine” and “quarry” have the same meanings as in the [1954 c. 70.] Mines and Quarries Act 1954;
“sewage effluent” includes any effluent from the sewage disposal or sewerage works of a sewerage undertaker but does not include surface water;
“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.
(2) In this Chapter—
(a) any reference to the waters of any lake or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any lake, pond, river or, as the case may be, watercourse which is for the time being dry; and
(b) any reference 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.
(3) For the purposes of the definition of “trade effluent” in subsection (1) above 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.
(1) It shall be the duty of the Authority to take all such action as it may from time to time consider, in accordance (if any have been given for the purposes of this section) with the directions of the Secretary of State, to be necessary or expedient for the purpose—
(a) of conserving, redistributing or otherwise augmenting water resources in England and Wales; and
(b) of securing the proper use of water resources in England and Wales.
(2) Nothing in this section shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 above.
(1) It shall be the duty of the Authority so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation of—
(a) the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and
(b) any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions,
as the Authority from time to time considers appropriate for the purpose of carrying out its functions under section 125(1) above.
(2) Without prejudice to the power of the Authority and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—
(a) make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions;
(b) contain provision requiring payments to be made by the Authority to the undertaker; and
(c) require the reference to and determination by the Secretary of State or the Director of questions arising under the arrangements.
(3) The Authority shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 20 above by the Secretary of State.
(1) Section 19 of the [1963 c. 38.] Water Resources Act 1963 (minimum acceptable flows) shall be amended as follows.
(2) For subsections (1) and (3) (duty to determine minimum acceptable flows as soon as practicable) there shall be substituted the following subsections—
“(1) The National Rivers Authority may, if it thinks it appropriate to do so, submit a draft statement to the Secretary of State containing, in relation to any inland water (other than one falling within section 2(3) of this Act)—
(a) provision for determining the minimum acceptable flow for that inland water; or
(b) where any provision for determining such a flow is for the time being in force in relation to that inland water, provision for amending that provision or for replacing it with different provision for determining the minimum acceptable flow for that water.
(2) If the National Rivers Authority is directed by the Secretary of State to consider whether the minimum acceptable flow for any particular inland water ought to be determined or reviewed, that Authority shall consider that matter as soon as reasonably practicable after being directed to do so and, after considering it, shall submit to the Secretary of State with respect to that water either—
(a) such a draft statement as is mentioned in subsection (1) of this section; or
(b) a draft statement that no such flow ought to be determined for that water or, as the case may require, that the minimum acceptable flow for that inland water does not need to be changed.
(3) The provision contained in any statement for determining the minimum acceptable flow for any inland water shall, in relation to the inland water to which it relates, set out—
(a) the control points at which the flow in the water is to be measured and the method of measurement which is to be used at each control point; and
(b) the flow which is to be the minimum acceptable flow at each control point or, where appropriate, the flows which are to be the minimum acceptable flows at each such point for the different times or periods specified in the statement.”
(3) In subsections (4) and (5) (procedure in relation to draft statements)—
(a) for any reference to a water authority there shall be substituted a reference to the Authority;
(b) for any reference to statutory water undertakers there shall be substituted a reference to a water undertaker.
(4) In subsection (5), for the words from “to the character” to “to time” there shall be substituted the words —
“(a) to the flow of water in the inland water from time to time;
(b) in the light of the duties of the National Rivers Authority under sections 8 and 9 of the Water Act 1989 (general environmental duties), to the character of the inland water and its surroundings; and
(c) to any water quality objectives established under Chapter I of Part III of that Act in relation to the inland water or any other inland water which may be affected by the flow in the inland water in question”.
(5) In subsection (6) (application of provisions in Schedule 7 to draft statements), at the end there shall be inserted the words “; and, without prejudice to the generality of paragraph 7 of that Schedule, the power of the Secretary of State under that paragraph to alter a draft statement under this section before approving it shall include power to substitute a statement containing or amending any such provision as is mentioned in subsection (3) of this section for such a draft statement as is mentioned in subsection (2)(b) of this section.”
(6) After subsection (6) there shall be inserted the following subsection—
“(7) The approval under Schedule 7 to this Act of a draft statement under this section shall bring into force, on the date specified in that approval, so much of that statement, as approved, as contains provision for determining, amending or replacing the minimum acceptable flow for any inland water; and in the following provisions of this Act any reference to the minimum acceptable flow, in relation to any inland water, is a reference to the minimum acceptable flow as for the time being contained in provisions which are in force under this subsection in relation to that water.”
Schedule 13 to this Act shall have effect for transferring the functions of water authorities under the provisions of the [1963 c. 38.] Water Resources Act 1963 (other than section 19) to the Authority and for making amendments of that Act, including amendments consequential on section 127 above.
(1) Where—
(a) an application is made for any licence under the [1963 c. 38.] Water Resources Act 1963 or for the variation of, or of the conditions of, any such licence;
(b) a licence under that Act to abstract water is granted to any person or there is a variation of any such licence or of the conditions of any such licence; or
(c) a licence under that Act to abstract water is for the time being in force,
the Authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this section.
(2) The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this section shall be—
(a) in the case of a charge by virtue of subsection (1)(a) above, the person who makes the application; and
(b) in the case of a charge by virtue of subsection (1)(b) or (c) above, the person to whom the licence is granted or, as the case may be, the person holding the licence which is varied or is in force;
and provision made by a scheme for the purposes of subsection (1)(c) above may impose a single charge in respect of the whole period for which a licence is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges.
(3) Except in the case of a scheme made before the end of the period of two years beginning with the transfer date, the Authority shall not make a scheme under this section unless its provisions have been approved by the Secretary of State; and the consent of the Treasury shall be required for the giving of such an approval.
(4) Before submitting a scheme under this section to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, publish a notice setting out its proposals and specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State.
(5) Where any proposed scheme has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications—
(a) to consider any representations or objections duly made to him and not withdrawn;
(b) to have regard to the desirability of ensuring that the amounts recovered by the Authority by way of charges fixed by or under schemes under this section are the amounts which, taking one year with another, are required by the Authority for recovering such amounts as the Secretary of State may consider it appropriate to attribute to the expenses incurred by the Authority in carrying out the functions of the Authority which are its water resources functions, within the meaning of the Water Resources Act 1963; and
(c) to have regard to the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under any scheme under this section.
(6) For the purposes of subsection (5)(b) above the Secretary of State shall take into account any directions given under paragraph 15 of Schedule 1 to this Act in determining the amounts which he considers it appropriate to attribute to the expenses incurred by the Authority in carrying out its water resources functions; and those amounts may include amounts in respect of the depreciation of, and the provision of a return on, such of the Authority’s assets as are held by it for purposes connected with the carrying out of those functions.
(7) A scheme under this section may—
(a) make provision with respect to the times and methods of payment of the charges which are required to be paid by virtue of the scheme;
(b) make different provision for different cases, including different provision in relation to different circumstances or localities; and
(c) contain supplemental, consequential and transitional provision for the purposes of the scheme;
and such a scheme may revoke or amend a previous scheme under this section.
(8) It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this section which is for the time being in force to the attention of persons likely to be affected by them.
(9) A scheme under this section shall have effect subject to any provision made by or under section 60, 63 or 64 of the said Act of 1963 (supplemental provision with respect to charging).
(1) It shall be the duty of the Authority—
(a) to provide a water undertaker with all such information to which this section applies as is in the possession of the Authority and is reasonably requested by the undertaker for purposes connected with the carrying out of its functions;
(b) to provide reasonable facilities to all persons—
(i) for the inspection of the contents of any records kept by the Authority and containing information to which this section applies; and
(ii) for the taking of copies of, or of extracts from, any such records;
and information provided to a water undertaker under this subsection shall be provided in such form and in such manner and at such times as the undertaker may reasonably require.
(2) It shall be the duty of every water undertaker to provide the Authority with all such information to which this section applies as is in the possession of the undertaker and is reasonably requested by the Authority for purposes connected with the carrying out of any of its functions; and information provided to the Authority under this subsection shall be provided in such form and in such manner and at such times as the Authority may reasonably require.
(3) Where records of the flow, level or volume of any inland water, other than one falling within section 2(3) of the [1963 c. 38.] Water Resources Act 1963, are kept by a person other than a water undertaker, the Authority shall have the right at all reasonable times—
(a) to inspect the contents of any of those records; and
(b) to take copies of, or of extracts from, the contents of any of those records;
and any person who, without reasonable excuse, refuses or fails to permit the Authority to exercise its right under this subsection shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
(4) The duties of the Authority under subsection (1) above shall extend to information provided to or obtained by the Authority under subsection (2) or (3) above.
(5) Information or facilities provided under subsection (1) or (2) above to the Authority, to a water undertaker, to a local authority, county council or joint planning board or to an internal drainage board shall be provided free of charge; and facilities provided under subsection (1) above to other persons may be provided on terms requiring the payment by persons making use of the facilities of such reasonable charges as the Authority may determine.
(6) The duties of a water undertaker under subsection (2) above shall be enforceable under section 20 above by the Secretary of State.
(7) This section applies to information about the flow, level or volume of any inland water or any water contained in underground strata, about rainfall or any fall of snow, hail or sleet or about the evaporation of any water.
(8) In this section “joint planning board” has the same meaning as in the [1971 c. 78.] Town and Country Planning Act 1971; and subsection (2) of section 124 above shall apply to the reference in subsection (7) above to water contained in underground strata as it applies to any reference to such water in Chapter I of this Part.
(1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section and section 133 below, he may by order made by statutory instrument make such provision authorised by this section as appears to him to be expedient with a view to meeting the deficiency.
(2) Subject to subsection (6) below, the power to make an order under this section in relation to any area shall not be exercisable except where an application is made to the Secretary of State—
(a) by the Authority; or
(b) by a water undertaker which supplies water to premises in that area.
(3) An order made under this section on the application of the Authority may contain any of the following provisions, that is to say—
(a) provision authorising the Authority (or persons authorised to do so by the Authority) to take water from any source specified in the order subject to any conditions or restrictions so specified;
(b) provision authorising the Authority (or persons authorised to do so by the Authority) to discharge water to any place specified in the order subject to any conditions or restrictions so specified;
(c) provision authorising the Authority to prohibit or limit the taking by any person (including a water undertaker) of water from a source specified in the order if the Authority is satisfied that the taking of water from that source seriously affects the supplies available to the Authority, any water undertaker or any other person;
(d) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the Authority, any water undertaker or sewerage undertaker or any other person is subject as respects—
(i) the taking of water from any source;
(ii) the discharge of water;
(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or
(iv) the filtration or other treatment of water;
(e) provision authorising the Authority to suspend or vary, or attach conditions to, any consent specified in the order for the discharge of any effluent by any person, including any sewerage undertaker or water undertaker.
(4) An order made under this section on the application of a water undertaker may contain any of the following provisions, that is to say—
(a) provision authorising the water undertaker to take water from any source specified in the order subject to any conditions or restrictions so specified;
(b) provision authorising the water undertaker to prohibit or limit the use of water for any purpose specified in the order, being a purpose for the time being set out in a direction given by the Secretary of State to water undertakers generally as a purpose which may be specified by virtue of this paragraph in any order under this section;
(c) provision authorising the water undertaker to discharge water to any place specified in the order subject to any conditions or restrictions so specified;
(d) provision authorising the Authority to prohibit or limit the taking by any person of water from a source specified in the order if the Authority is satisfied that the taking of water from that source seriously affects the supplies available to the water undertaker;
(e) provision prohibiting or limiting the taking by the Authority of water from a source specified in the order if the taking of water from that source is determined, in accordance with provision made by the order, seriously to affect the supplies available to the water undertaker;
(f) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the water undertaker or any sewerage undertaker or other person is subject as respects—
(i) the taking of water from any source;
(ii) the discharge of water;
(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or
(iv) the filtration or other treatment of water;
(g) provision authorising the Authority to suspend or vary, or attach conditions to, any consent specified in the order for the discharge of any effluent by any person, including the company which applied for the order (whether in the capacity in which it made the application, in its capacity as a sewerage undertaker or in any other capacity).
(5) The following provisions apply where an order under this section contains a provision authorising a water undertaker to prohibit or limit the use of water, that is to say—
(a) the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;
(b) the water undertaker shall take such steps as it thinks appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply and, in particular, shall (as the undertaker thinks appropriate)—
(i) cause notice of the prohibition or limitation to be published in one or more local newspapers circulating within that part of the water undertaker’s area which would be affected by the provision of the order; or
(ii) send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply;
(c) the prohibition or limitation shall not come into operation until the expiration of the period of seventy-two hours beginning with the day on which the notice is published or, as the case may be, sent to the person in question.
Water Act 1989