Office of Public Sector Information
PART 3 continued
(7) The Secretary of State may give directions specifying—
(a) the form which a water resources management plan must take;
(b) the planning period to which a water resources management plan must relate.
(8) Before preparing its water resources management plan (including a revised plan), the water undertaker shall consult—
(a) the Environment Agency;
(b) the Authority;
(c) the Secretary of State; and
(d) any licensed water supplier which supplies water to premises in the undertaker’s area via the undertaker’s supply system.
(9) The Secretary of State shall consult the Environment Agency before giving a direction under subsection (6)(b) above.
(10) In this section, in relation to a water resources management plan, “published” means published in accordance with section 37B(8)(a) below.
(1) A water undertaker shall—
(a) send a draft water resources management plan to the Secretary of State;
(b) state whether it appears to the undertaker that any information contained in that plan is or might be commercially confidential (as regards itself or another person); and
(c) give the Secretary of State the name of each such other person and his address for service of a notice under subsection (2)(a) below.
(2) If the water undertaker states that it so appears in relation to any such information, the Secretary of State shall—
(a) if the person to whom or to whose business the information relates is not the water undertaker, give that person notice that the information is included in a draft water resources management plan and, unless subsection (10) below applies, is required to be published under this section; and
(b) give each person (including the water undertaker) to whom any such information relates a reasonable opportunity—
(i) of objecting to the publication of the information relating to him on the ground that it is commercially confidential; and
(ii) of making representations to the Secretary of State for the purpose of justifying any such objection,
and shall determine, taking any objections and representations under paragraph (b) into account, whether the information is or is not commercially confidential.
(3) A water undertaker shall—
(a) (subject to subsection (10) below) publish the draft water resources management plan in the prescribed way or, if no way is prescribed, in a way calculated to bring it to the attention of persons likely to be affected by it;
(b) publish with it a statement—
(i) whether any information has been excluded from the published draft plan by virtue of subsection (10) below and, if it has, the general nature of that information; and
(ii) that any person may make representations in writing about the plan to the Secretary of State before the end of a period specified in the statement; and
(c) send a copy of the published draft plan and accompanying statement to such persons (if any) as may be prescribed.
(4) The Secretary of State shall send to the water undertaker a copy of any representations he receives following publication of the draft plan under subsection (3) above and shall give it a reasonable period of time within which to comment on the representations.
(5) The Secretary of State may in regulations prescribe how such representations and any comments by the water undertaker on them are to be dealt with.
(6) Regulations under subsection (5) above—
(a) may provide for the Secretary of State to cause an inquiry or other hearing to be held in connection with the draft water resources management plan; and
(b) if they do so provide, may provide for subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) to apply with prescribed modifications to such an inquiry or hearing as they apply to inquiries under that section.
(7) The Secretary of State may direct a water undertaker that its water resources management plan must differ from the draft sent to him under subsection (1) above in ways specified in his direction, and (subject to subsection (9) below) it shall be the duty of the water undertaker to comply with the direction.
(8) The water undertaker shall—
(a) (subject to subsection (10) below) publish the water resources management plan in the prescribed way or, if no way is prescribed, in a way calculated to bring it to the attention of persons likely to be affected by it; and
(b) publish with it a statement whether any information has been excluded from the published plan by virtue of subsection (10) below and, if it has, the general nature of that information.
(9) If the water undertaker considers that publishing a water resources management plan complying with a direction under subsection (7) above would mean including in the published plan any information (other than any information in relation to which the Secretary of State has already made a determination under subsection (2) above) which might be commercially confidential (as regards itself or another person)—
(a) the water undertaker shall send the Secretary of State a notice saying so, and giving the Secretary of State the name of any such other person and his address for service of a notice under subsection (2)(a) above as applied by paragraph (b) below; and
(b) subsection (2) above shall apply in relation to that information as it applies in relation to the information referred to there;
and the Secretary of State may either confirm his direction under subsection (7) above (which is to be treated as a new direction under subsection (7)) or revoke the previous such direction (or the previous one so treated) and give a new one.
(10) The published version of a draft water resources management plan published under subsection (3)(a) above, and a water resources management plan published under subsection (8)(a) above, shall exclude any information which the Secretary of State—
(a) has determined under subsection (2) above (or that subsection as applied by subsection (9) above) is commercially confidential; or
(b) directs the water undertaker to exclude on the ground that it appears to him that its publication would be contrary to the interests of national security.
(11) Any steps to be taken by a water undertaker under this section shall be completed by such time or within such period as the Secretary of State may direct.
(1) It shall be the duty of each licensed water supplier to provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing or revising its water resources management plan.
(2) In the event of any dispute between a water undertaker and a licensed water supplier as to the reasonableness of the water undertaker’s request under subsection (1) above, either party may refer the matter for determination by the Secretary of State, and any such determination shall be final.
(3) For the purposes of paragraph (b) of section 37B(1) above, the water undertaker shall identify in its statement under that paragraph any information—
(a) provided by a licensed water supplier pursuant to subsection (1) above; and
(b) contained in the water undertaker’s draft water resources management plan,
which the licensed water supplier has (at the time of providing it to the water undertaker) specifically identified as being, in the licensed water supplier’s opinion, commercially confidential.
(4) The water undertaker shall not use any unpublished information save for the purpose of facilitating the performance by it of any of the duties imposed on it by or under this Act, any of the other consolidation Acts or the Water Act 1989.
(5) In subsection (4) above—
(a) “unpublished information” means confidential information which—
(i) is provided to the water undertaker by a licensed water supplier under this section;
(ii) relates to the affairs of any individual or to any particular business; and
(iii) by virtue of section 37B above, is not published;
(b) “the other consolidation Acts” has the same meaning as in section 206 below.
(1) Directions given under section 37A or 37B above may be—
(a) general directions applying to all water undertakers; or
(b) directions applying only to one or more water undertakers specified in the directions,
and shall be given by an instrument in writing.
(2) It shall be the duty of each water undertaker to whom directions apply to comply with the directions.
(3) The duties of—
(a) a water undertaker under sections 37A to 37C above and under this section; and
(b) a licensed water supplier under section 37C above,
shall be enforceable by the Secretary of State under section 18 above.”
After section 39A of the WIA there is inserted—
(1) It shall be the duty of each water undertaker to prepare and maintain a drought plan.
(2) A drought plan is a plan for how the water undertaker will continue, during a period of drought, to discharge its duties to supply adequate quantities of wholesome water, with as little recourse as reasonably possible to drought orders or drought permits under Chapter 3 of Part 2 of the Water Resources Act 1991.
(3) The duties referred to in subsection (2) above include in particular those imposed under or by virtue of—
(a) section 37 above;
(b) sections 67 to 69 below.
(4) A drought plan shall address, in particular, the following matters—
(a) what measures the water undertaker might need to take to restrain the demand for water within its area;
(b) what measures the water undertaker might need to take to obtain extra water from other sources (also taking into account for that purpose the introduction of water into the undertaker’s supply system by or on behalf of licensed water suppliers);
(c) how the water undertaker will monitor the effects of the drought and of the measures taken under the drought plan;
(d) such other matters as the Secretary of State may specify in directions.
(5) Section 37B above (water resources management plans: publication and representations), including any power in that section to make regulations or give directions, applies in relation to drought plans (including revised plans) as it applies in relation to water resources management plans.
(6) Each water undertaker shall review (or further review) its drought plan and prepare a revised plan in each of the following cases—
(a) if there is a material change of circumstances;
(b) if directed to do so by the Secretary of State;
(c) in any event, not later than the end of the period of three years beginning with the date when the plan (or revised plan) was last published in accordance with section 37B(8)(a) above as applied by subsection (5) above,
and shall follow the procedure in section 37B above as applied by subsection (5) above (whether or not the revised plan prepared by the undertaker includes any proposed alterations to the previous plan).
(7) Before preparing its drought plan (including a revised plan), the water undertaker shall consult—
(a) the Environment Agency;
(b) the Authority;
(c) the Secretary of State; and
(d) any licensed water supplier which supplies water to premises in the undertaker’s area via the undertaker’s supply system.
(8) The Secretary of State may give directions specifying the form which a drought plan must take.
(9) Directions given under this section (including directions given under section 37B above as applied by subsection (5) above) may be—
(a) general directions applying to all water undertakers; or
(b) directions applying only to one or more water undertakers specified in the directions,
and shall be given by an instrument in writing.
(10) It shall be the duty of each water undertaker to whom directions apply to comply with the directions.
(11) The Secretary of State shall consult the Environment Agency before giving a direction under subsection (6)(b) above.
(12) The duty of a water undertaker under this section shall be enforceable by the Secretary of State under section 18 above.
(1) It shall be the duty of each licensed water supplier to provide the water undertaker with such information as the water undertaker may reasonably request for the purposes of preparing or revising its drought plan.
(2) In the event of any dispute between a water undertaker and a licensed water supplier as to the reasonableness of the water undertaker’s request under subsection (1) above, either party may refer the matter for determination by the Secretary of State, and any such determination shall be final.
(3) For the purposes of paragraph (b) of section 37B(1) above as applied by section 39B(5) above, the water undertaker shall identify in its statement under that paragraph any information—
(a) provided by a licensed water supplier pursuant to subsection (1) above; and
(b) contained in the water undertaker’s draft drought plan,
which the licensed water supplier has (at the time of providing it to the water undertaker) specifically identified as being, in the licensed water supplier’s opinion, commercially confidential.
(4) The water undertaker shall not use any unpublished information save for the purpose of facilitating the performance by it of any of the duties imposed on it by or under this Act, any of the other consolidation Acts or the Water Act 1989.
(5) In subsection (4) above—
(a) “unpublished information” means confidential information which—
(i) is provided to the water undertaker by a licensed water supplier under this section;
(ii) relates to the affairs of any individual or to any particular business; and
(iii) by virtue of section 37B above as applied by section 39B(5) above, is not published;
(b) “the other consolidation Acts” has the same meaning as in section 206 below.
(6) The duties of a licensed water supplier and a water undertaker under this section shall be enforceable by the Secretary of State under section 18 above.”
(1) In section 77 of the WRA (provisions of drought order with respect to abstractions and discharges), subsection (4) is omitted.
(2) In section 79 of the WRA (compensation and charges where drought order made), after subsection (3) there is added—
“(4) Where a water undertaker makes an application for a drought order, the Agency may recover from the water undertaker any expenses it incurs (whether of a revenue or capital nature)—
(a) in connection with any local inquiry held in respect of the application;
(b) in the exercise of the Agency’s functions so far as their exercise is attributable to the application and (if the order is made) to the order,
in so far as those expenses have not been recovered (whether from the water undertaker or not) under or by virtue of any other enactment.
(5) Sections 125 to 129 below shall not apply in respect of any charges which may be made under subsection (4) above.”
(3) In section 79A of the WRA (drought permits)—
(a) subsection (8) is omitted, and
(b) after subsection (8) there is inserted—
“(8A) Where a water undertaker makes an application for a drought permit, the Agency may recover from the water undertaker any expenses it incurs (whether of a revenue or capital nature) in the exercise of its functions so far as their exercise is attributable to—
(a) the application;
(b) (if the permit is issued) the permit,
in so far as those expenses have not been recovered (whether from the water undertaker or not) under or by virtue of any other enactment.
(8B) Sections 125 to 129 below shall not apply in respect of any charges which may be made under subsection (8A) above.”
In Schedule 8 to the WRA (proceedings on applications for drought orders), in paragraph 2, after sub-paragraph (6) there is added—
“(7) For the purposes of subsection (2) of section 53 of the 1995 Act (which applies subsections (2) to (5) of section 250 of the Local Government Act 1972 to inquiries in connection with functions of or in relation to the Agency), a local inquiry held under this paragraph with respect to an application by a water undertaker for a drought order, if it would not otherwise fall within paragraph (a) or (b) of that subsection, is to be treated as one which falls within paragraph (b).”
(1) The Environment Act 1995 (c. 25) is amended as follows.
(2) After section 18 there is inserted—
(1) The Secretary of State may by order made by statutory instrument revoke any local flood defence scheme.
(2) The power to make an order under this section shall include power to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(3) The provision which may be made under subsection (2) above includes provision altering—
(a) the total number of members of the regional flood defence committee in whose area the local flood defence district created by the scheme was situated; and
(b) the total number of such members to be appointed by the constituent councils of that committee,
and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this section as is made by virtue of this subsection as they apply in relation to an order under subsection (5) of that section.
(4) Paragraphs 2 to 6 of Schedule 4 to this Act, apart from paragraph 3(3), apply in relation to an order under this section as they apply in relation to an order under that Schedule, reading references there to the relevant Minister as references to the Secretary of State.”
(3) In section 17 (local flood defence schemes, etc), in subsection (3), for “section 18” there is substituted “sections 18 and 18A”.
After section 16 of the Environment Act 1995 there is inserted—
(1) This section applies in relation to any regional flood defence committee which satisfies (or, upon the coming into force of an order made under Schedule 4 to this Act, will satisfy) both of the conditions in subsection (2) below (a “Welsh committee”).
(2) The conditions are—
(a) the whole or the greater part of the committee’s area is in Wales; and
(b) no local flood defence scheme is in force in relation to the area of the committee.
(3) The National Assembly for Wales may by order made by statutory instrument make provision determining—
(a) the total number of members of a Welsh committee; and
(b) the method of selection and appointment of the chairman and other members of the committee (including who is to appoint them).
(4) An order under subsection (3) above may—
(a) apply either to Welsh committees generally or to a particular Welsh committee;
(b) include such supplemental, consequential and transitional provision as the National Assembly for Wales considers appropriate.
(5) In relation to a Welsh committee whose area is not wholly in Wales—
(a) the power to make an order under subsection (3) above may be exercised only with the agreement of the Secretary of State; and
(b) a statutory instrument containing an order under that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) An order under subsection (3) above shall not be considered local in nature for the purposes of section 58(6) of the Government of Wales Act 1998 (definition of “Assembly general subordinate legislation”).
(7) Section 15 above (or, where the order is being made in conjunction with an order under Schedule 4 to this Act, that Schedule) shall not apply for the purposes of making an order under subsection (3) above.
(1) Sections 15 and 16 above and section 18A(3) below shall not apply to a regional flood defence committee in respect of which an order under section 16A above is in force.
(2) In relation to any such committee, section 18 below shall have effect as if—
(a) paragraph (b) of subsection (4) read “other members appointed in accordance with and subject to the terms of the local flood defence scheme”; and
(b) paragraph (c) of subsection (4), and subsection (5), were omitted.
(3) In relation to any such committee whose membership does not include any member appointed by or on behalf of a constituent council, Schedule 5 to this Act shall have effect as if—
(a) in paragraph 1(1), the words “other than those appointed by or on behalf of one or more constituent councils” were omitted;
(b) sub-paragraphs (2), (3) and (4) of paragraph 1 were omitted; and
(c) paragraphs 2 and 9 were omitted.”
(1) Paragraph 1 of Schedule 4 to the Environment Act 1995 (c. 25) (which confers power to alter the areas of regional flood defence committees) is amended as follows.
(2) In sub-paragraph (1)—
(a) the “or” at the end of paragraph (a) is omitted, and
(b) after paragraph (b) there is inserted—
“(c) establish a new regional flood defence committee for such area as may be specified in the order (other than by providing for the amalgamation of the area of any two or more such committees); or
(d) abolish a regional flood defence committee.”
(3) In sub-paragraph (4)—
(a) after “committees” there is inserted “or otherwise establishing a new regional flood defence committee”,
(b) in paragraph (a), after “amalgamated” there is inserted “or new”.
(4) In sub-paragraph (5), the “and” at the end of paragraph (b) is omitted, and after that paragraph there is inserted—
“(ba) in relation to the establishment or abolition of a regional flood defence committee for an area the whole of which is in Wales, the National Assembly for Wales;
(bb) in relation to the establishment or abolition of a regional flood defence committee for an area any part (but not the whole) of which is in Wales, the Secretary of State and the National Assembly for Wales acting jointly; and”.
(1) Sections 147 to 149 of the WRA (which relate to grants for drainage works and flood warning systems) shall cease to have effect.
(2) For subsection (4) of section 165 of the WRA (general powers to carry out flood defence and drainage works) there is substituted—
“(4) The Agency may by agreement with any person carry out, improve or maintain, at that person’s expense, any drainage works which that person is entitled to carry out, improve or maintain; but for the purposes of this subsection the expense to be borne by that person shall not include such part (if any) of the amount of any grant made under section 47 of the Environment Act 1995 (grants to the new Agencies) as the Agency decides (subject to any terms on which the grant is made) to allocate for the works in question.”
(3) For subsection (4) of section 166 of the WRA (power to carry out works for purpose of providing flood warning system) there is substituted—
“(4) In this section—
“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to—
rainfall, as measured at a particular place within a particular period; or
the level or flow of any inland water, or part of an inland water, at a particular time; or
other matters appearing to the Agency to be relevant for that purpose,
is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations;
“inland water” means any of the following in any part of Great Britain, that is to say—
any river, stream or other watercourse, whether natural or artificial and whether tidal or not;
any lake or pond, whether natural or artificial, and any reservoir or dock; and
any channel, creek, bay, estuary or arm of the sea;
“rainfall” includes any fall of snow, hail or sleet.”
(4) In the definition of “flood defence provisions” in subsection (1) of section 221 of the WRA (general interpretation), in paragraph (a)(ii), the words “147 to 149,” are omitted.
For section 201 of the WRA (power to require information with respect to abstraction) there is substituted—
(1) Subject to subsection (2) below, the Secretary of State or the Agency may serve on any person a notice requiring that person to furnish him or, as the case may be, it, 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 by the Agency for the purpose of carrying out any of his or, as the case may be, its water resources functions.
(2) The Secretary of State shall have power by regulations to make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.
(3) 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—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) References in this section to the water resources functions of the Secretary of State or of the Agency are references to the functions of the Secretary of State or of the Agency under Part 2 of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter 2 of that Part.”
In section 169 of the WRA (powers of entry for enforcement purposes), for subsection (2) there is substituted—
“(2) The powers conferred by subsection (1) above in relation to any premises shall include power, in order to obtain information for the purpose mentioned in subsection (1)(a) above—
(a) to carry out experimental borings or other works on those premises; and
(b) to install and keep monitoring and other apparatus there.”
In section 6 of the Environment Act 1995 (c. 25) (general provisions with respect to water), in subsection (2)(b), after “Wales” there is inserted “(including the efficient use of those resources)”.
Water Act 2003