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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    74

 

       37B            Water resources management plans: publication and representations

           (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

5

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.

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           (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

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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

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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

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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

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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—

                        (i)                        whether any information has been excluded from the

published draft plan by virtue of subsection (10) below

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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.

           (4)           The Secretary of State shall send to the water undertaker a copy of any

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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

45

are to be dealt with.

           (6)           Regulations under subsection (5) above—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    75

 

                  (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:

5

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

10

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

15

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)

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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

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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

30

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

35

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

40

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

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                  (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.

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    76

 

           (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.

       37C            Water resources management plans: provision of information

           (1)           It shall be the duty of each licensed water supplier to provide the water

5

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

10

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

15

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,

20

                         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

25

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—

30

                        (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;

35

                  (b)                 “the other consolidation Acts” has the same meaning as in

section 206 below.

       37D            Water resources management plans: supplementary

           (1)           Directions given under section 37A or 37B above may be—

                  (a)                 general directions applying to all water undertakers; or

40

                  (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.

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           (3)           The duties of—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    77

 

                  (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.”

Drought

5

 60    Drought plans

After section 39A of the WIA there is inserted—

       “39B            Drought plans: preparation and review

           (1)           It shall be the duty of each water undertaker to prepare and maintain a

drought plan.

10

           (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.

15

           (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—

20

                  (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

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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.

30

           (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.

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           (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

40

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,

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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                                       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—

5

                  (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.

10

           (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

15

                  (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.

20

           (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.

       39C            Drought plans: provision of information

25

           (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

30

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

35

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,

40

                         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

45

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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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—

5

                        (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

10

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

15

18 above.”

 61     Drought orders and drought permits: charges

     (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

20

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

25

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

30

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

35

           (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

40

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

45

other enactment.

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    80

 

                  (8B)                    Sections 125 to 129 below shall not apply in respect of any

charges which may be made under subsection (8A) above.”

 62    Procedure at local inquiries

In Schedule 8 to the WRA (proceedings on applications for drought orders), in

paragraph 2, after sub-paragraph (6) there is added—

5

                       “(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

10

would not otherwise fall within paragraph (a) or (b) of that

subsection, is to be treated as one which falls within paragraph (b).”

Land drainage and flood defence

 63    Revocation of local flood defence schemes

     (1)    The Environment Act 1995 (c. 25) is amended as follows.

15

     (2)    After section 18 there is inserted—

       “18A            Power to revoke local flood defence schemes

           (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

20

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

25

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

30

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, apart from paragraph 3(3), apply in

relation to an order under this section as they apply in relation to an

35

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”.

 

 

 
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